609449-1928-Supplementary-Draft-Bill--Larceny-Amendment — Page 1

592

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 244.-The following bill, which it is proposed to introduce at the next meeting of the Legislative Council, is published for general information:----

入

C.S.O.

[No. 21-9.8.28-1.]

A BILL

Short title.

Repeal of Ordinance No. 5 of 1865, s. 39, and substitution

of new section.

Repeal of Ordinance

INTITULED

An Ordinance to amend the Larceny Ordinance,

1865.

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 Larceny Amendment Ordinance, 1928.

2. Section 39 of the Larceny Ordinance, 1865, is repealed and the following section is substituted therefor :

Burglary. (6 & 7 Geo. V, c. 50, s. 25)

39. Every person who in the night-

(1) breaks and enters the dwelling- house of another with intent to commit any felony therein; or

(2) breaks out of the dwelling-house

of another, having--

(a) entered the said dwelling- house with intent to commit any felony therein; or

(b) committed any felony in

the said dwelling-house;

shall be guilty of felony called burglary.

3. Sections 44 and 45 of the Larceny Ordinance 1865, are repealed and the following sections are sub-

No. 5 of 1865, stituted therefor :—

ss. 44 and 45,

and

substitution

of new

sections.

Housebreak- ing and

committing

felony (6 & 7 Geo. V, c. 50,

s. 26)

44. Every person who-

(1) breaks and enters any dwelling- house, or any building within the curtilage thereof and occupied therewith, or any school-house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any build- ing belonging to His Majesty, or to any Government Department, or to any other public authority, and commits any felony therein; or (2) breaks out of the same, having

committed any felony therein;

shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding fourteen years, and, if a male under the age of sixteen years, with or without a whipping.