209000-1934-Ordinances-passed-and-assented-to--Dan — Page 7

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 9, 1934.

Amendment Ordinance, 1933, and that Court, if satisfied for Ordinance any reason that the finding should be set aside, shall quash No. 5 of the sentence passed on such woman and shall pass instead sentence of imprisonment for life.

(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.

1933.

3. The Criminal Procedure Ordinance, 1899, is amended Amendment by the insertion of the following section, numbered 77A, immediately after section 77 thereof :-

of Ordinance No. 9 of

1899 by addition

of new

s. 77A.

ticide in

5, c. 18, s. 1.

77A.-(1) Where a woman by any wilful act or omission Conviction causes the death of her newly-born child, but at the time of for infan- the act or omission she had not fully recovered from the effect certain cases. of giving birth to such child, and by reason thereof the balance 12 & 13 Geo. of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of such child.

(2) Where upon the trial of a woman for the murder of her newly-born child, the jury are of opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and that by reason thereof the balance of her mind was then disturbed, the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infan- ticide.

(3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a newly-born child to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth in pursuance of section 49 of the Offences against the Person Ordinance, 1865. Ordinance

No. 2 of 1865.

(4) The said section 49 shall also apply in the case of the acquittal of a woman upon indictment for infanticide as it applies upon the acquittal of a woman for murder, and upon the trial of any person over the age of sixteen for infanticide it shall be lawful for the jury, if they are satisfied that the accused is guilty of an offence under section 26A of the offences against the Person Ordinance, 1865, to find the ac- Ordinance cused guilty of such an offence, and in that case that section No. 2 of shall apply accordingly.

Passed the Legislative Council of Hong Kong, this 8th day of November, 1934.

1865.

H. R. BUTTERS,

Deputy Clerk of Councils.

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