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C.S.O. 3377/14.

458

No. 26-28.4.32.-1.]

Short title.

Substitution for Ordin- ance No. 1 of 1862, s. 6.

Penalty for act

prohibited by pro- clamation.

A BILL

INTITULED

An Ordinance to amend the Military Stores (Exportation)

Ordinance, 1862.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Military Stores (Exportation) Amendment Ordinance, 1932.

2. Section 6 of the Military Stores (Exportation) Ordin- ance, 1862, is repealed and the following section is substituted therefor :-

6. Every person who shall export or attempt to export any thing or article in contravention of any proclamation made in whole or in part under this Ordinance, or made in whole or in part under the powers conferred by the Order of Her late Majesty Queen Victoria in Council of the 26th day of October, 1896, or any Order of His Majesty in Council amending or substituted for the same, shall be deemed to be guilty of a misdemeanor and shall be liable upon conviction, either summarily or on indictment, to imprisonment for any term not exceeding twelve months and to a fine not exceeding five thousand dollars.

Objects and Reasons.

1. This Ordinance repeals section 6 of the principal Ordinance, No. 1 of 1862, and re-enacts it with the substitution of the words "under the powers conferred by the Order of Her late Majesty Queen Victoria in Council of the 26th day of October, 1896, or any Order of His Majesty in Council amending or substituted for the same" for the words "under the powers conferred by sub-clause 9 of clause III of the Order of Her late Majesty Queen Victoria in Council of the 26th day of October, 1896, as amended by the Order of His Majesty in Council of the 28th day of August, 1914."

2. Section 14 of the Interpretation Ordinance, No. 31 of 1911, provides that where any Ordinance repeals and re- enacts, with or without modification, any provision of a former Ordinance, references in any other Ordinance to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.

3. An Order of His Majesty in Council is not an Ordinance. Moreover, the reference to the Amending Order · in Council of 1914, was inserted in Ordinance No. 1 of 1862 by Ordinance No. 3 of 1915; but since then an amending Order in Council of 1916 was published in the Hong Kong Government Gazette of the 12th May, 1916. Such Orders in Council are amended from time to time and occasionally replaced by a consolidation Order.

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