591905-1939-Ordinances-passed-and-assented-to---Asiatic-Emigration-Amendment--No-1-of-1939-Criminal-Procedure-Amendment--No-2-of-1939 — Page 3

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 3, 1939.

HONG KONG.

No. 2 or 1939.

I assent.

(L. S.

G. A. S. NORTHCOTE, Governor.

3rd February, 1939.

An Ordinance to amend the Criminal Procedure Ordinance,

1899.

[3rd February, 1939.]

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 Criminal Short title. Procedure Amendment Ordinance, 1939.

2. The Criminal Procedure Ordinance, 1899, is amended Substitution by the substitution of the following section for section 77A thereof:-

for Ordin- ance No. 9

of 1899, s. 77A.

infanticide.

s. 1.

77A.-(1) Where a woman by any wilful act or omission Offence of causes the death of her child being a child under the age of 1 & 2 Geo. twelve months, but at the time of the act or omission the 6, c. 36, balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

(2) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide.

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