203572-1933-Supplementary-Draft-Bills--Bankruptcy-and-Magistrates-Amendment-Mercantile-Marine-Assistance-Fund — Page 1

914

LEGISLATIVE COUNCIL.

Draft Bills.

No S. 365.-The following bills are published for general information *----

(CS.O. 982/25/III.)

A BILL

[No. 25:-20.9.33.-2.]

Short title.

Amendment of Ordin-

ance No. 10 of 1931,

s. 144.

Amendment of Ordin-

ance No. 41 of 1932.

Third Schedule.

INTITULED

An Ordinance to amend the law relating to the jurisdiction

of Magistrates in Bankruptcy offences.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof. follows:

as

1. This Ordinance may be cited as the Bankruptcy and Magistrates Amendment Ordinance, 1933.

2. Section 144 of the Bankruptcy Ordinance, 1931, is amended by the deletion of the words "under the Magistrates Ordinance, 1890 "

3. The Third Schedule to the Magistrates Ordinance, 1932, is amended by the repeal of paragraph 9 therein.

Objects and Reasons.

1. The 9th paragraph of the Magistrates Ordinance No. 3 of 1890 as amended by section 26 of Ordinance No. 23 of 1927 excluded from summary jurisdiction any offence against any provision of the laws relating to bankrupts other than the offence of obtaining credit under false pretences or by means of any other fraud under section 82 (5) (a) of the Bankruptcy Ordinance, No. 7 of 1891.

2. By the Larceny Amendment Ordinance No. 8 of 1931 paragraph (a) of section 82 (5) of the Bankruptcy Ordinance. 1891, was repealed and transferred to the Larceny Ordinance No 5 of 1865 as section 78A thereof.

3. By section 146 and the Third Schedule of the Bankruptcy Ordinance, No. 10 of 1931, paragraph 9 of the Magistrates Ordinance 1890 (as amended in 1927) was repealed. and section 144 of the Bankruptcy Ordinance. No. 10 of 1931. provided that any offence under it or under the 1891 Ordinance might be dealt with summarily by a Magistrate under the Magistrates Ordinance, 1890.

4. The Magistrates Ordinance 1890 was repealed and replaced by the Magistrates Ordinance, No. 41 of 1932, but through an oversight paragraph 9 of the Third Schedule was re-enacted instead of being omitted.