108804-1927-Ordinances-passed-and-assented-to--Magistrates-Amendment-No-23-of-1927 — Page 8

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 16, 1927.

Insertion of new section 127 in Ordinance No. 3 of 1890.--

Amendment

to order that the case be heard de novo by the

Full Court and the same shall be so heard accordingly.

24. The following section is inserted in the Magis- trates Ordinance, 1890, immediately after section 126 thereof :-

Amend- ment of law as to rogues

127. That part of section 4 of the Vagrancy Act, 1824, which relates to suspected persons and reputed thieves frequenting certain places and vaga with intent to commit felony shall be read and construed subject to the following pro- visions :-

bonds.

34 & 35

Vict. c. 112, s. 15.

54 & 55

Vict. c.

69, s. 7.

58

(a) The part in question shall be read and construed as if instead of the words "highway or place adjacent there were inserted the words " or any highway or any place adjacent to a street or highway ".

() In proving intent to commit felony it shall not be necessary to show that the person suspected was guilty of any particular act or acts tending to show his purpose or intent, and he may be convicted if from the circumstances of the case, and from his known character as proved to the magistrate before whom he is brought, it appears to such magis- trate that his intent was to commit a felony.

(c) The part in question shall apply also to every suspected person or reputed thief loitering about or in any of the places referred to with the in- tent specified as it applies to sus- pected persons and reputed thieves frequenting the places referred to with the intent specified.

25. Form No. 70 in the First Schedule to the

of Ordinance Magistrates Ordinance, 1890, is amended by the addi- No. 3 of 1890, tion of the following words to the form of caution,

immediately after the words "

First Schedule,

Form No. 70.

Amendment

upon your trial "

And you are clearly to understand that you "have nothing to hope from any promise of favour and that you have nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt, but that whatever you

"

"6

66

say now may be given in evidence upon your "trial notwithstanding such promise or threat".

26. Paragraph 9 of the Third Schedule to the No. 3 of 1990 Magistrates Ordinance, 1890, is amended by the addi-

of Ordinance

Third

Schedule.

Ordinance

tion at the end thereof of the words, "other than the offence of obtaining credit under false pretences or by means of any other fraud under section 82 (5) (a) of

No. 7 of 1891. the Bankruptcy Ordinance, 1891.”

Passed the Legislative Council of Hong Kong, this 15th day of December, 1927.

E. W. HAMILTON,

Deputy Clerk of Councils.

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