4223-1906-Bills-read-a-first-time--Summary-Offences-Amendment- — Page 4

194

THE HONGKONG GOVERNMENT GAZETTE, FEB. 23, 1906.

Appeal.

11. Every order made by a Magistrate under the provi» sions of sections 8 and 10 of this Ordinance shall be subject to an appeal to the Full Court of the Supreme Court. The procedure to be followed on any such appeal shall be as nearly as may be the same as may be from time to time proscribed for appeals to the Full Court from the Puisne Judge. The Supreme Court shall take cognizance of such appeal and make such order thereon as justice may require.

Objects and Reasons,

The object of this Bill is to authorize the establishment of lunatic asylums and the detention thereiu of persons of unsound mind: and to provide for the custody and care of persons detained in such asylums.

HENRY S. BERKELEY,

Attorney General,

Short title.

Interpret- ation.

Jurisdiction

of Supreme Court.

Forms.

Repeal.

A BILL

ENTITLED

An Ordinance relating to the jurisdiction of the Supreme Court with respect to the care and commitment of the custody of the persons and estates of Lunatics.

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 Lunacy Ordinance, 1906.

2. For the purposes of this Ordinance :---

55

"Lumatic means an idiot or person of unsound mind : "in section 148 of the The words "the Treasury

enactment of the Imperial Parliament entitled the Lunacy Act, 1890, shall be interpreted to include the Governor in Council :

in the said Lunacy Act, The words "Great Seal

1890, shall be interpreted to include the seal of the Supreme Court, and the provisions of the said Act with respect to the Lord Chancellor or the Court of Chancery or any Julge in England shall be interpreted to include the said Supreme Court in its equity jurisdiction and the Judges thereof; and every officer (however designated) of the said Supreme Court or judge thereof having or exerci- sing functions of the like kind or analogous to the functions of any officer (however designated) of the said Lord Chancellor, Court of Chancery, or Judge in England shall be deemed to be within the meaning of any of the provisions of the said Lunacy Act, 1890, respecting such last mentioned officers. 3. The Supreme Court in relation to the persons and estates of lunatics shall have, in addition to the powers conferred upon such Court by the Supreme Court Ordin- ance, 1873, such jurisdiction as may be exercised in England by the Lord Chancellor or other Judge or Judges of the High Court of Judicature under the provisions of the said Lunacy Act, 1890, or any Act amending the same.

4. The forms contained in the schedule to the said Lunacy Act, 1890, may be used in the cases to which they respectively have reference with such variations and ad- ditions as circumstances may require.

5. The Imperial Enactments Extension Ordinance, 1856, is hereby repealed.

Objects and Reasons.

The object of this Ordinance is to confer upon the Judges of the Supreme Court, with respect to the persons and estates of such as being of unsound mind are unable to take care of themselves or estates, the like juris liction as is con- ferred by the Lunacy Act, 1890, upon the Lord Chancellor and Judges of the High Court of Judicature in England.

HENRY S. BERKELEY, Attorney General,