CO129-368 - Acting Governor May - 1910 [8-9] — Page 658

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Sub-section (2) em owers the Magistrater to award damages n exceeding $200 to the aggrieved husband in addition to the penal

- ty prescribed by sub-section (1).

The amount of damages appears to be small but the jurisdicti of a Magistrate in the New Territories, which the measure chiefly concerns, is limited to $200 under the New Territorie Small Debts Court Orinance, 1908, (Ordinance 22 of 1908).

Sub-sections (3), (4) and (5) relating to execution, sale and claims in respect of property seized follow sections 6, 7 and 8 of the last named Ordinance. The Ordinance has no applic -tion in the Island of Hongkong and the Police Magistrates here desired that the Ordinance should expressly provide the method

for recovery of damages.

The Bill as originally drafted provided in brief for a warrant of distress which "should have the same force and ' effect as a warrant of distress issued under the provistons of the Principal Ordinance", ie., the Magistrates Ordina ce, 1890 but it was desirable to demur to the wish of the Magistrates a to ensure that there shall be no difficulty on their part in carrying out the Ordinance.

The second Proviso makes the receipt of damages under the section a bar to an action for criminal conversation.

Whees Davies

Attorney General.

Draft

Home hoang No. 333 Sw Lucard.

4

Alle 144 f11

acfare

Sir,

15/11/2

Ansa. $702/17

one

33748 St Mary

lo.

TO.D.

Downing Street,

18 ha

197

Die Istway's

654

I have the honour to acknowledge the receipt of your despatch

and to inform

No.

321

of the

рок

of

Left

you that His Majesty will not be advised to exercise his power of disallowance

Orace

with respect to

of the Legislature of

ft

An Ordce

Li

awead

3

No. P of 1910,

Strang

the Magistrates

#

entitled

amendt aace, (203.

2. Labe Glad to

wood report

odce, in a beari

in the workery of this orace,

should be sent home

after it has bem in operation for a year

The Officer Administering-

the Government of

I have the honour to be,

Sir,

Your most obedient, humble sercant,

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