573027-1930-Ordinances-passed-and-assented-to---Ga — Page 17

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THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 17, 1930.

Amendment of Ordinance No. 9 of

1899, s. 31.

6. Section 31 of the Criminal Procedure Ordinance, 1899, is amended as follows,-

(a) by deleting from the marginal note the

following words :-

of copy

(6) by the repeal of sub-section (1) thereof and by the substitution therefor of the following sub-section :-

(1) The bailiff shall, as soon as may be

after having received the same, deliver to a gaoler the copy and notice for the information of the Superintendent of Prisons and to the accused himself the copy and notice for service on the accused.

Amendment

of Ordinance No. 9 of 1899, s. 52.

7. Section 52 of the Criminal Procedure Ordinance, 1899 is amended by the addition after the word malice" in line 2 thereof, of the following words ;-

or pleads guilty to a charge of murder or other capital offence

Amendment

8. Section 79 of the Criminal Procedure Ordinance,

of Ordinance 1899, is amended as follows :-

No. 9 of

1899, s. 79.

insertion of Low R. BUA

in Ordinances No 9 of 1890.

Amendment

of Ordinance

No. 9 of 1899, Schedule. Form No. 5.

(a) Sub-section (1) is repealed and the following

sub-section is substituted therefor :-

Ordinance No. 16 of 1930.

(1) Subject to the provisions of the Pawnbrokers Ordinance, 1930, where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the court or magistrate to be delivered to the person who appears to the

court or magistrate to be entitled thereto.

(b) Sub-section (2) is repealed.

(c) Sub-section (3) is renumbered as sub-section

(2).

9. The following heading and section are inserted immediately after section 89 of the Criminal Procedure Ordinance, 1899 :--

Abolition of

of coercion of married woman by husband, 15 & 16 Geo. 5, c. 86, 8. 47.

Coercion by husband.

89A. Any presumption of law that an presumption offence committed by a wife in the presence of her husband is committed under the coercion of the husband is hereby abolished, but on

a charge against a wife for any offence other than treason or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.

10. Form No. 5 in the Schedule to the Criminal Procedure Ordinance, 1899, is repealed and the follow- ing form is substituted therefor :-

0

FORM NO. 5.

CERTIFICATE OF SENTENCES.

IN THE SUPREM. COURT OF HONG KONG,