112484-1927-Supplementary-Bills-read-a-first-time--Magistrates-Amendment-Hong-Kong-Police-Reserve — Page 3

Repeal of Ordinance No. 3 of 1890, s. 80 (2), (3). Amendment

of Ordinance

690

(3) Nothing in this section shall have the effect of taking away from a magistrate any power which he may possess of dealing with a charge summarily.

9. Sub-sections (2) and (3) of section 80 of the Magistrates Ordinance, 1890, are repealed.

10. Section 85 of the Magistrates Ordinance, 1890, is amended by the repeal of paragraph (6) thereof No. 3 of 1890 and by the substitution therefor of the following para-

8. 85.

Repeal of Ordinance

No. 3 of 1890, s. 93, and substitution

of new section.

graph

Ordinance No. 3 of 1924.

(6) under the provisions of the Stowaway Ordinance, 1924, or

11. Section 93 of the Magistrates Ordinance, 1890,

therefor :- is repealed and the following section is substituted

Drunken-

ness.

93.(1) Whenever any person is convicted of having been found drunk in any public place, or on any premises licensed under any Ordinance relating to liquor licences, a magis- trate may sentence him to a fine not exceed- ing ten dollars.

(2) Whenever any person is convicted of riotous or disorderly behaviour while drunk in any public place a magistrate may sentence him to a fine not exceeding twenty-five dollars or to imprisonment for any term not exceeding two months.

(3) Whenever any person is convicted of having been drunk while in charge of any vehicle (other than a motor vehicle), or of any horse, in any public road or street, a magistrate may sentence him to a fine not exceeding twenty-five dollars or to imprisonment for any term not exceeding two months.

(4) Whenever any person is convicted of having been drunk while driving or being otherwise in charge of any motor vehicle a magistrate may sentence him to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

(5) For the purposes of sub-sections (3) and (4) a person shall be deemed to have been drunk if he was so much under the influence of alcohol as to have lost control of his faculties to such an extent as to render him unable to execute safely the occupation on which he was engaged at the time in question.

(6) Whenever any person is convicted of having been drunk while in possession of any loaded firearm or of any firearm and any ammunition therefor a magistrate may sen- tence him to a fine not exceeding two hun- dred and fifty dollars and to imprisonment for any term not exceeding six months. For the purposes of this sub-section a person shall be deemed to have been drunk if he was so much under the influence of alcohol as to have lost control of his faculties to such an extent as to render him unable to handle a firearm safely at the time in question.

!