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COPY
ENCLOSURE
M 24499
REC
REOPIT JAN 13
453
Attorney General's Office.
November 24th, 1897.
REPORT ON ORDINANCE 25 OF 1897.
entitled
I have examined the accompanying Ordinance
An Ordinance to amend the Law relating to Vagrants."
and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.
The Vagrancy Ordinance (No. 12 of 1888) has not worked in a very satisfactory manner, and, in any case, required amendment, for the reference to section 3, in section 24, is erroneous, the section intended to be referred to being section 5.
As, however, it appears desirable that the subject should be contained in one Ordinance, the opportunity has been taken to repeal the old law and re-enact it, with some amendments.
As the present Ordinance embodies most of the sections of Ordinance No. 12 of 1888, it will only be necessary to call attention to such sections as contain material amendments or appear to require explanation.
In section 6, power is conferred on the Magistrate to declare not only that a person is a Vagrant, but, where the evidence is such as to justify it, to add that he has been a Vagrant, as defined by the Ordinance, since some prior date. The object of this is to enable prior charges to be recovered, for it sometimes happens that a sick and destitute person is landed in Hongkong, and taken almost at once to the hospital and the Colony is put to considerable expense before he recovers sufficiently to be taken before a Magistrate and be formally declared a Vagrant.
In section 12, the words "who have completed the first six months of their imprisonment" are substituted for the words "whose conduct is good."
This amendment is now necessary to prevent the application of the penal diet rule (No. 235), which affects long-sentence prisoners during the first six months of their imprisonment but was not intended to apply to Vagrants.
Hid. 197 Esd 0.3
Twel to 4
>
2
30.
>
>
COPY
ENCLOSURE
M 24499
REC
REOPIT JAN 13
453
Attorney General's Office.
November 24th.,1897.
REPORT ON ORDINANCE 25 OF 1897.
entitled
I have examined the accompanying Ordinance
*An Ordinance to amend the Law relating to Va-
grants."
and I am of opinion that the Ordinance is one which is not
contrary to the Governor's Instructions.
The Vagrancy Ordinace (No. 12 of 1888) has unt worked in a very satisfactory manner, and, in any cass, required amendment, for the reference to section 3, in section 24, is erroneous, the section intended to bo referred to being section 5.
As, however, it appears desirable that the subject should be contained in one Ordinance, the opportunity has been taken to repeal the old law and re-enact it, with some amendments.
As the present Ordinanec embodies most of the sectious of Ordinance No. 12 of 1888, it will only be necessary to call attention to such sections as contain material amend- ments or appear to require explanation,
In section 6, power is conferred on the Magistrate to declare not only that a person is a Vagrant, but, where the evidence is such as to justify it, to add that he has been a Vagrant, as defined by the Onlinuance, since some prior date. The object of this is to enable prior cbarges to be rogovered, for it sometimes happens that a sick and destitute person is landed in Hongkong, and taken almost at ouee to the hospital and the Colony is put to considerable expense before he recovers sufficiently to be taken before a Magis- trate and be formally declared a Vagrant,
In section 12, the words "who have completed the first six months of their imprisonment" are substituted for the words "whose conduct is good."
This amendment is now necessary to prevent the appli- cation of the penal diet rule (No. 235), which affeers long- sentence prisoners during the first six mouths of their imprisonment but was not intended to apply to Vagrants.
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