TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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HONG KONG LEGISLATIVE COUNCIL-21st October 1970.

Prevention of Bribery Bill-second reading

[Explanatory Memorandum]

39. Clause 32 empowers the court, on the trial for an offence under Part II, to convict the accused of any of the other offences under that Part, if the evidence justifies this. Where there is a variance between the particulars of the offence charged and the evidence adduced, the court may make the necessary alterations in the particulars. These powers are similar to those of mag- istrates under section 27 of the Magistrates Ordinance (Cap. 227).

40. Clause 33 disqualifies persons convicted of offences under Part II from being registered as electors or voting at Urban Council elections or from being members of any public body for a period of 7 years, and clause 35 deals with the amendment of the Schedule of public bodies.

41. Clause 36 repeals the Prevention of Corruption Ordinance makes consequential amendments to the Urban Council C.dinance. Offences committed prior to the repeal, however, can 'ill be prosecuted under the repealed Ordinance despite its repeal. Clause 34 will enable the investigation and allied powers contained in this Bill to be used in the investigation of such offences.

MAGISTRATES (AMENDMENT) (NO 2) BILL 1970

THE ATTORNEY GENERAL (MR ROBERTS) moved the second reading of:"A bill to amend the Magistrates Ordinance."

He said:-Sir, clause 2 of the bill empowers an officer of a magistrates court, authorized in writing for that purpose by a magistrate, to affix a facsimile signature of the magistrate to a summons. This will relieve magistrates of the very considerable burden, which lies on them at present, of having to sign personally approximately 30,000 summonses a month.

It has been the practice for magistrates to visit hospitals where a sick defendant is detained, in order to adjourn proceedings or to remand him, whether on bail or in custody. The validity of this practice has questioned, since the Magistrates Qrdinance does no specifically confe

na magistrate power to conduct proceedings outside a court-

remove any doubt on the matter, clause 3 provides that a ate may visit a person, who is charged with summary offence who is unable by reason of sickness or accident to attend the court,

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