CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 98

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

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24. Section 23 inserts in the principal Ordinance a new

section 113A which empowers the Full Court to rebear a case

le novo if any step in an appeal is rendered impossible by the death, absence or incapacity of the magistrate whose decision is appealed against.

25. Section 24 of this Ordinance inserts in the Magi a- -trates Ordinance, 1890, a new section 127 which incorporates the provisions of section 15 of Prevention of Crimes Act, 1871, and section 7 of the Penal Servitude Act, 1891.

26. Section 25 amends the form of caution in Form No.70

in the First Schdule to the principal Ordinance in order to make it agree with the provisions of section 73 of that Ordi-

-nance.

27.

Section 26 makes an amendment in the Third Schedule

which is explained in paragraph 11 above.

28. There is still much in the Magistrates Ordinance, 1890, which calls for examination and amendment, 2.3. the curious duplication between sections 11 and 14

1

Re-arrange-

-ment would shorten and simplify the Ordinance considerably. This, however, would have involved the expenditure of more

time than was available.

29. In my opinion this is an Ordinance to which His

Excellency the Governor may properly assent in the name of

His Majesty and on His behalf,

Attorney General.

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