22491-1911-Supplementary-Bills-read-a-first-time--Harbour-of-Refuge-Amendment — Page 61

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Objects and Reasons.

When the Criminal Law Amendment Ordinances were framed in 1865 the English Consolidation Ordinances of 1861 were copied almost verbatim. But in connection with offences relating to Railways two sets of sections were omitted, because there were no railways in the Colony. These two sets of provisious dealt with practically the same acts-putting wood, stones, etc., on the railway, and other kindred matters, but the criminal intent in the two statutes was different in the Malicious Damage Act it was damage to the railway, carriages, etc.: in the Offences against the Person Act, it was damage endangering the safety of pas- sengers. The provisions of the former Act were introduced into the Colony by Ordinance No. 10 of 1910: this draft intro luces those of the latter Act, and like No. 10 of 1910 it is made applicable to tramways.

I think that now that the New Edition of the Revised Laws is being prepared serions omissions in the law of the Colony should be remedied in this case the object is to bring the law of the Colony into line with the English law on which it is based. Provision is made for introducing both the new sections and those of No. 10 of 1910 into their proper position in the Criminal Law Or- dinances of 1865.

Part II of No. 10 of 1910, which deals with a different matter, will remain as a substantive enactment.

F. T. PIGGOTT,

Chief Justice.

Short title.

Abolition of minimum penalties.

Where impri- sonment imposed it

may be with

or without

hard labour.

Alternative

penalties in existing legislation repealed.

A BILL

ENTITLED

An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

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

1. This Ordinance may be cited as the * Penalties Amendment Ordinance, 1911".

2. In any enactment now in force which provides for the imposition of minimum penalties, whether of imprisonment or of a fine, the provisions, if any, relating to such minimum penalties are repealed in manner provided by the following sections; and unless the enactment as printed in the New Revised Edition of the Laws of Hongkong otherwise pro- vides, where a Court is empowered or required to award a sentence of imprisonment with hard labour for life or for a term of years, or of a fine, the Court may award a sentence less than for life or for the term of years, and with or without hard labour, or less than the fine, specified in the

enactment.

3. Where under any enactment now is force or in any future enactment, a Court shall sentence a person for an offence for which the penalty of imprisonmont is provided, the Court may, unless the enactment as printed in the New Revised Edition of the Laws of Hongkong or any such future enactment otherwise provides, inflict imprisonment with or without hard labour.

4. Wherever in any enactment now in force there is provided in addition to the penalty of imprisonment for life or for a term of years an alternative penalty of imprison- meat (forany term) with or without hard labour”, either with or without the further alternative with or without solitary confinement", both or each of such alternative penalties, as the case may be, are repealed; and where either of the aforesaid alternative penalties is provided as alternative to any other penalty, it is repealed; and where the aforesaid alternative as to solitary confinement is provided as H11 alternative to a penalty of imprisonment, whether with or

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