CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 91

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

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section 252 (2) of that Ordinance.

It has not been thought

necessary to provide specially for service on any other cor- Sub-section (3) of the section in the Crims -

-porations.

-nal Justice Act, 1925, referred to above, deals with the

arraignment of a corporation before the court of assize or

quarter sessions. A provision based on that sub-section

will be inserted in the Criminal Procedure Ordinance, 1899,

which is shortly to be amended.

11.

The Third Schedule to the principal Ordinance con-

-tains a list of offences excluded from summary jurisdiction.

This list includes the following item :-

(9) Any offence against any provision of the laws

relating to bankrupts.

In 1906 it was decided to give the magistrates jurisdiction

to deal with the offences of obtaining credit under false

pretences or by means of any other fraud. This might have

been done by amending the Third Schedule, but it was actually

done, in Ordinance No. 2 of 1906, by inserting in section 80

of the principal Ordinance the provision which now appears

as sub-section (2). As the form of the Third Schedule

might conceivably have formed a trap on this point, this

Ordinance repeals section 80 (2) and amends the Third Sched-

-ule by excepting from the above item any offence under

section 82(5) (a) of the Bankruptcy Ordinance, 1891. Section

10 of this Ordinance effects the repeal of section 80 (2) of

the principal Ordinance. The Third Schedule is amended

by section 26 of this Ordinance. Section 10 also repeals

section 80 (3) of the principal Ordinance. The power there

given to a magistrate to direct the accused to be kept in

solitary confinement is not used.

12.

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