157
Provided always that in the case where an accused has been committed to Gaol under sub-section 1 of this section the Court may of its own motion or on the application either of the Crown or of the accused order the accused to be tried on such date as the Court may fix.”
5. Section 86 of the Principal Ordinauce as amended by Repeals Section 4 of the Magistrates and Criminal Law Amend- section 86 of ment Ordinance, 1909, is hereby repealed and the following Principal
section is substituted for and shall be read in lieu thereof :-
Ordinance as amended
“86.—(1.) Whenever any male offender by section 4
of the Magis- whose age appears to the Magistrate trates and not to exceed sixteen years is con- Criminal victed of larceny, or of any offence Law Amend. which now
or at any time hereafter ment Ordin- is by law deemed or declared to be and substi ance, 1909. simple larceny or punishable as simple tutes another larceny, or of any assault occasioning section actual bodily harm, or of any indecent therefor. assault, the Magistrate may, in lieu of or in addition to any other punishment to which the offender is liable, direct that he be once whipped.
(2.) Whenever any male offender whose age appears to the Magistrate not to exceed sixteen years is convicted of any offence other than an offence specified in sub-section (1) hereof the Magistrate may in lieu of any other punishment to which the offender is liable direct that he be once whipped. (3.) In the case where the male offender has been ordered to be whipped in lieu of imprisonment, the Magistrate shall also order such male offender to be detained in prison for a period not exceeding forty-eight hours."
6. Form No. 79 in the First Schedule to the Principal Ordinance is hereby repealed and the Form No. 79 in the Schedule hereto is substituted therefor.
Repeal of Form No. 79
and substitu- tion of new Form No. 79.
SCHEDULE.
FORM 79.
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF
HONGKONG.
Recognisance of Bail,-( Sec. 95.)
On the
day of
19
and
personally came before me the undersigned, a Magistrate of the said Colony, and severally acknowledged themselves to owe to our Sovereign Lord the KING the several sums following (that is to say), the said
:
the sum of
the said
and
uni
the sum of
each, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lord the KING, His Heirs and Successors, if the said
shall fail in the condition
following.
Taken and acknowledge, the
19
before me.
, at
day of
Explained by
Sworn Interpreter,
Magistrate.
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