CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 157

118

Amendment

THE HONG KONG GOVERNMENT GAZETTE.

12.

for injury or compensation for loss (not exceeding five hundred dollars or, if a higher limit is fixed by any enactment relating to the offence, that higher limit) as he thinks reasonable, or both such costs and damages or compensation.

(3) An order made by a magistrate under this section shall, for the purpose of revesting or restoring stolen property and of enabling the magistrate to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution or delivery, have the like effect as a conviction.

(4) The magistrate may order the defendant in default of compliance with any order made under this section to be imprisoned without hard labour for any term not exceeding six months."

Section 32 of the principal Ordinance is hereby amended by of section 32 the substitution of the words "one hundred" for the words "twenty-

five" in the second line thereof.

of the

principal

Ordinance.

Amendment

of sub-

section (2)

of section 34

of the

principal

Ordinance.

Amendment

13. Sub-section (2) of section 34 of the principal Ordinance is hereby amended—

(a) by the insertion of the word "twenty" before the word "five" in the fourth line thereof; and

(b) by the substitution of the words " words "two hundred" in the last line thereof.

14.

'one thousand" for the

Section 38 of the principal Ordinance is hereby amended by of section 38 the insertion of the word "special" before the word "magistrate" in

the first line thereof.

of the

principal

Ordinance.

Amendment

of sub-

section (2)

of section 40

of the

principal

Ordinance.

Substitution

15. Sub-section (2) of section 40 of the principal Ordinance is hereby amended by the substitution of the words "one thousand" for the words "two hundred and fifty" in the penultimate line thereof.

16. The following section is hereby substituted for section 43 of

of new section the principal Ordinance:

for section 43 of the principal Ordinance.

"Power to

make orders with respect to property in possession

of police.

43. (1) Where any property has come into the possession of the police in connection with any criminal offence whether committed in the Colony or not, a magistrate may-

(a) on application by the police or by a claimant of the property make an order for the delivery of the property to the person appearing to the magistrate to be the owner thereof; or

(b) on application by the police if the owner is unknown or cannot be traced and such property is perishable or its retention in police custody is likely to involve unreasonable expense or inconvenience make an order either that such property be sold or if sale is

195

SUPPLEMENT NO. 1, MAY 20, 1949.

on grounds of public health or otherwise howsoever, unlawful, dangerous or impracticable that it be retained in police custody or disposed of in such manner including Provided that destruction, as the magistrate may direct: no such order shall be made either under paragraph (a) or paragraph (b) unless the magistrate is satisfied that the property will not be required as an exhibit in any further proceedings before a magistrate or before the Supreme Court and is not perishable and no such order shall be made until ten days after the determination of such trial and that, if in the meanwhile an appeal has been lodged under section 100 or section 108, no such order shall be made until any such appeal has been determined or abandoned.

(2) Where an order for sale has been made under the preceding sub-section, the rights of any person in the property ordered to be sold shall be extinguished in favour of the Crown, but he shall, until the expiration of six months from the time when such property came into the hands of the police, have a corresponding interest in the proceeds of sale. Upon the expiration of such period of six months then subject to any order made by a magistrate under sub-section (3) pursuant to an appli- cation lodged before the expiration of such period the proceeds of sale shall be forfeited to the Crown and shall be paid into general revenue.

(3) A magistrate may upon application by a person claiming a right in the proceeds of sale order that such proceeds or the portion thereof to which a right has been established shall be paid to the person establishing such right.

(4) Where the retention or disposal of property

is ordered under paragraph (b) of sub-section (1), the order shall not affect the right of any person to take within six months from the date of the order legal pro- ceedings against any person in possession of property delivered to him by virtue of such order, but on the expiration of those six months the right shall cease.

(5) Where by any other enactment it is pro- vided that any particular property or class of property should or may be forfeited, destroyed or disposed of, then the provisions of such enactment shall prevail,"

196

119

17.

Section 44 of the principal Ordinance is hereby amended by Amendment the substitution of the words "five hundred dollars" for the last three of section 44 words thereof.

of the

principal

Ordinance.

18. The following section is hereby substituted for section 51 of Substitution the principal Ordinance :-

of new section

"Consecutive sentences of imprison-

ment.

for section 51 51. Where a term of imprisonment is imposed by a of the magistrate, either in the first instance or in respect of principal

Ordinance. the non-payment of any sum of money adjudged to be paid by a conviction or order, the magistrate may order