237392-1937-Ordinances-passed-and-assented-to--Sterling-Salaries-Conversion-No-24-of-1937 — Page 25

1010

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 24, 1937.

Schedule,-contd.

SHORT TITLE.

AMENDMENT OR REPEAL.

55. The Criminal Pro- cedure Ordinance, 1899.

(No. 9 of 1899.), -contd.

(4), the seventh line of paragraph (a) of sub-section (5) and the sixth and seventh lines of paragraph (c) of sub-section (5) thereof.

(2A) Section 78C, as enacted by Ordinance No. 5 of 1933, is amended by the repeal of all the words in the last three lines of sub-section (1) thereof and the substitution therefor of the words "by any rules made under any Ordinance relating to prisons for the treatment of prisoners committed for trial for any indictable offence.'

(3) Section 80 is repealed.

"

(4) Section 83 is amended by the repeal of the the words or shall endure" in the second, or may be in the third, 'has and in the fourth, and or may be in the sixth lines thereof.

(5) Sections 96 and 97 are repealed and the

following sections substituted therefor:-

"

release of

[cf. No. 41

'96.-(1) Where any person has been Power to convicted on indictment of any offence permit punishable with imprisonment, and the conditional court is of opinion that, having regard to offenders. the character, antecedents, age, health, or mental condition of the person charged, or 7 Edw. 7,

c. 17, to the trivial nature of the offence, or

s. 1 (2) to the extenuating circumstances under & (3). which the offence was committed, it is inexpedient to inflict any punishment or of 1932, any other than a nominal punishment or s. 30.1 that it is expedient to release the offender on probation, the court may, in lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his entering into a recog- nizance, with or without sureties, to be of good behaviour and to appear for sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.

(2) The court may, where it makes an order under this section, further order that the offender shall pay such costs of the proceedings or such damages for injury or compensation for loss as the court thinks reasonable, or both such costs and damages or compensation. and

97.-(1) In any such case the court Provision or a magistrate, if satisfied by information in case of

offender on oath that the offender has failed to

failing to observe any of the conditions of his recog- observe nizance, may issue a warrant for his ap- conditions prehension, or may, if it or he thinks fit, of release. instead of issuing a warrant in the first 7 Edw. 7, instance, issue a summons to the offender c. 17, s. 6. and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.

Page 25Page 26