ENG-1963 — Page 258

LEGISLATION

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control, tenants are given a measure of security of tenure for the two years duration of the Ordinance, subject to prompt payment of rent. This Ordinance, however, does not apply to tenancies to which the Tenancy (Prolonged Duration) Ordinance, 1952, applies. To offset this, the Tenancy (Prolonged Duration) (Amendment) Ordinance was enacted in May, to increase from three to five years the security of tenure given under the Tenancy (Prolonged Duration) Ordinance, 1952, in respect of tenancies commencing after the 1st July 1963, that date being the earliest date on which rent increases could take effect under the Rent Increases (Domestic Premises) Control Ordinance.

Companies. February saw the enactment of the Companies (Amendment) Ordinance, which replaced, by more comprehensive provisions modelled on the corresponding sections of the Com- panies Act, 1948 of England, those provisions in the Companies Ordinance, Chapter 32, which deal with the investigation of the affairs of companies. The Financial Secretary may now, without any application for an investigation, appoint an inspector to in- vestigate the affairs of a company where it appears to the Financial Secretary that there are circumstances suggesting fraud, misfeas- ance or other misconduct; and the powers of the inspectors have been extended to include the investigation of the affairs of sub- sidiary and other related companies under the same appointment. Furthermore, the Financial Secretary is himself empowered to petition the Court for the winding up of a company.

Homicide. The Homicide Ordinance, enacted in May and based on the Homicide Act, 1957, of England has made four substantial changes in the law of homicide. Murder is unlawful killing with malice aforethought. An intention to cause death or grievous bodily harm or even knowledge that death or grievous bodily harm will probably be caused constitutes malice aforethought. In addition, an intent merely to commit a felony involving the use or threat of force, such as robbery and even knowingly to oppose by force an officer of justice or to resist a lawful arrest or to effect an escape or rescue from lawful custody, may also constitute malice aforethought. This is known as constructive malice since there may well be no actual intention to cause death or grievous bodily harm or any knowledge that death or such harm would probably be the result. The Homicide Ordinance abolishes constructive malice. The