311098-1941-Supplementary-Draft-Bill--Magistrates-Amendment — Page 1

882

LEGISLATIVE COUNCIL.

Draft Bill.

No. 8. 459.-The following Bill is published for general information:-

[No. 22-16.10.41.-1.]

Short title.

Substitution for Ordin- ance No. 41 of 1932, sec. 30.

Power to permit conditional release of offenders.

7 Edw. 7, c. 17, s. 1 (1), (3), (4).

[cf. No. 9 of 1899, s. 96,

and No. 32 of 1935,

s. 59.]

First

Schedule.

Forms Nos. 26, 45.

Forms Nos. 5, 21.

INTITULED

A BILL

An Ordinance to amend the Magistrates Ordinance, 1932.

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 Magistrates Amendment Ordinance, 1941.

2. Section 30 of the Magistrates Ordinance, 1932, is repealed and the following substituted therefor

30.(1) Where any person is charged before a magis- trate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circum- stances under which the offence was committed, it is inex- pedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to release the offender on probation, the magistrate may without proceeding to con- viction make an order either-

(a) dismissing the information or charge; or

(b) discharging the offender conditionally on his entering into a recognizance, with or without sureties, in a sum not greater than five hundred dollars, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.

(2) The magistrate may, where he makes an order under this section, further order that-

(a) the offender shall pay such costs of the proceedings or such damages for injury or compensation for loss (not exceeding five hundred dollars or, if a higher limit is fixed by any enactment relating to the offence, that higher limit) as he thinks reasonable, or both such costs and damages or compensation; and

(b) if the offender is a male person, he shall perform such manual labour and at such place as the magistrate may direct for a period not exceeding fourteen days and within such period as he considers reasonable.

(3) An order made by a magistrate under this section shall, for the purpose of revesting or restoring stolen property and of enabling the magistrate to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connexion with such restitu- tion or delivery, have the like effect as a conviction.