CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 154

112 THE HONG KONG GOVERNMENT GAZETTE.

Short tide.

Ordinance No. 41 of 1932.

Amendment

of section 2

of the

principal

Ordinance.

Substitution

HONG KONG

No. 24 or 1949.

L.$.

I assent.

A. G. GRANTHAM,

Governor.

19th May, 1949.

An Ordinance to amend the Magistrates Ordinance, 1932. IK....

[20th May, 1949.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof:

1. This Ordinance may be cited as the Magistrates (Amendment) Ordinance, 1949, and shall be read as one with the Magistrates Ordinance, 1932, hereinafter referred to as the principal Ordinance.

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2. The following interpretation shall be substituted for the inter- pretation given to the term "magistrate" in the principal Ordinance ;·

'Magistrate' includes a permanent magistrate and a special

magistrate.'

>

3. The following section is hereby substituted for section 5 of of new section the principal Ordinance ;-

for section 5 of the principal Ordinance.

"Governor may by

warrant

appoint permanent

and special magistrates.

5. (1) The Governor inay by warrant under his hand from time to time appoint such number of permanent and special magistrates as are in his opinion required for the efficient administration of justice in the Colony and may in the case of special magistrates by such warrant limit the jurisdiction and powers to be exercised by the person so appointed. Such appointinents shall be notified in the Gazette.

(2) A permanent magistrate shall exercise all the jurisdiction and powers conferred on a magistrate or a police magistrate by any enactment in force in the Colony and also such jurisdiction and powers as may from time to time be conferred on a permanent magistrate.

(3) A special magistrate shall, subject to the provisions of his warrant of appointment, exercise all the jurisdiction conferred on a magistrate or a police magistrate

189

SUPPLEMENT NO. 1, MAY 20, 1949.

by any enactment in force in the Colony, but his powers of imposing imprisonment and fine shall, in the case of any enactment in force at the commencement of the Magistrates (Amendment) Ordinance, 1949, be subject to the limitations as to the maximum term or terms of imprisonment and the maximum fine which such magis- trate may lawfully impose under this Ordinance amended from time to time and in the case of any enactment coming into force after the commencement of the Magistrates (Amendment) Ordinance, 1949, be so subject unless such enactment expressly provides to the contrary.

as

(4) Any magistrate appointed under this section shall be a justice of the peace by virtue of his office.

(5) So long as any warrant of appointment of a magistrate issued under this section is in force and unrevoked, it shall continue to have effect notwithstanding his subsequent appointment to some other office."

4. Section 6 of the principal Ordinance is hereby amended-

113

190

Amendment of section 6

(a) by the substitution of the words "The Director of Marine, of the and the Assistant Director of Marine" for the words "The Harbour principal Master, the Deputy Harbour Master and the Assistant Harbour Ordinance. Master, in the first two lines thereof; and

(b) by the insertion of the word "special" before the word "magistrate" in the fifth line thereof.

Amendment of section 7

5. Section 7 of the principal Ordinance is hereby amended-

(a) by the substitution of the following sub-section for sub- of the section (2) thereof :-

(2) Any two justices of the peace to whom this sub- section applies shall when sitting together have all the powers and jurisdiction conferred upon a special magistrate by this Ordinance Provided that such justices shall exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision." (b) by the addition of the following sub-section after sub- section (2):

"(8) Sub-section (2) shall apply to any justice of the peace who is willing to act and who in the opinion of the Governor may suitably in conjunction with another such justice exercise the powers and jurisdiction conferred by sub-section (2). A list of such justices to be published in the Gazette as soon as con- veniently may be after the 1st day of January in each year.'

principal Ordinance.

6. The following sub-section is hereby substituted for sub-section Substitution (2) of section 10 of the principal Ordinance :-

for sub- section (2) of "(2) For every distinct offence of which any person is accused section to there shall be a separate complaint or information, and every such of the complaint or information shall be tried separately except in the principal following cases;

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Ordinance.