102994-1926-Supplementary-Bills-read-a-first-time--Regulations-Magistrates-Amendment — Page 4

49

C.S.O. 2531/25.

A BILL

[No. 19-28.1.26.-5.]

INTITULED

An Ordinance to amend the Magistrates Ordi-

nance, 1890.

BE it enacted by the. Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:---

1. This Ordinance may be cited as the Magistrates Short title. Amendment Ordinance, 1926.

2. Section 7 (2) of the Magistrates Ordinance, 1890, Amendment is amended to read as follows:-

of Ordinance No. 3 of

(2) The Governor may appoint magistrates from time 1890, s. 7 (2).

to time and any such magistrate so appointed shall be capable of exercising all the powers and jurisdiction of a magistrate even though he has been appointed to some other office subsequently to his appointment as such magistrate,

3. Section 8 of the Magistrates Ordinance, 1890, is Amendment amended as follows:-

of Ordinance No. 3 of

(1) by the substitution of the words "The Harbour 1890, s. 8.

Master and the Assistant Harbour Master shall each of them be a marine magistrate, and", for the words "There shall be as heretofore a marine magistrate, who", in the first line thereof;

(2) by the substitution of the words "a marine magistrate" for the word "him" in the third line thereof; and

"

(3) by the substitution of the word “a for the word

"the" in the peunltimate line thereof.

4. The following section is inserted immediately section 17 of the Magistrates Ordinance, 1890 :-

Power to order produc-

tion of

docu-

ments.

4 & 5 Geo. 5, c. 53, 8. 29..

Forms Nos. 8. 9.

10 and 11.

after Addition of

new section immediately

17A. The powers contained in sections 17 and after Ordi- 69 enabling a magistrate to issue a summons to nance No. 3

of 1390, s. 17. any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books. plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of any charge, informa- tion, or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworu, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the First Schedule accordingly.

5. The following section is inserted immediately after Addition of section 31 of the Magistrates Ordinance, 1890 :—

Reduction

sonment

new section after Ordi-

31A.-(1) Subject to the provisions of sub- nance No. 3 of impri- sections (2) and (3), where a term of imprison- of 1890, s. 31. on part

ment is imposed by a magistrate in respect of the payment non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on payment of a part of such sum to any person authorised by a magistrate to receive it, be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the sum adjudged to be paid.

of fine.

4 & 5 Geo. 5, c. 58,

s. 3 (1).

t