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THE HONGKONG GOVERNMENT GAZETTE, 6TH JULY, 1889.
5. Any person who by force, intimidation, or any frau- dulent means brings, leads, takes, decoys, or entices any man or boy into or away from the Colony, for the purpose of emigration, or for any other purpose whatsoever, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to the punishments hereinafter provided.
6. Every person convicted of any offence against the provisious of sections 4 and 5 of this Ordinance shall be liable to be imprisoned for any term not exceeding two years with or without hard labour: Provided always that if the case is determined by a single Magistrate he shall not impose a heavier sentence than one year's imprisonment with or without hard labour, and that where there appears a necessity for a heavier sentence the case shall be deter- mined by two Magistrates sitting together or in their dis- cretion committed for trial at the Supreme Court.
7. Whenever any person shall be convicted either summ- marily or before the Supreme Court of any offence against the provisions of section 4 or 5 of this Ordinance if it shall be proved that the offender has been previously convicted either summarily or before the Supreme Court, of an offence under either of the said sections or of an offence under sections 7 and 8 of Ordinance No. 2 of 1875 it shall be lawful for the Court, in its discretion, to direct that, in ad- dition to the punishment hereinbefore prescribed, the offender, if a male, he once, twice, or thrice publicly or pri- vately whipped, subject to the provisions contained in sections 3 and 4 of Ordinance No. 16 of 1887, and all the provisions of section XCIV. of Ordinance No. 7 of 1865 relating to the form of information for a subsequent offence and proceedings thereon, shall apply to offences punishable under this Ordinance.
Passed the Legislative Council of Hongkong, this 25th day of Jnue, 1889.
ARATHOON SETH,
Clerk of Councils.
Assented to by His Excellency the Governor, the 6th day of July, 1889.
Decoying persons into or away from the Colony.
Punishment
for offences,
Punishment
of whipping on second and subsequent convictions.
Formu of information and procced- ings.
551
FREDERICK STEWART, Colonial Secretary.
No. 26 OF 1889.
An Ordinance enacted by the Governor of Hong- kong, by and with the advice and consent of the Legislative Council thereof, to amend the law relating to the Extradition of Chinese Criminals.
LS
G. WILLIAM DES VOEUX.
Title.
[3rd July, 1889.]
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WHEREAS, by Article XXI, of the Treaty between
Her Majesty and the Emperor of China done at Tientsin on the 26th June, 1858, it was agreed and con- cluded that if criminals, subjects of China, shall take refuge in Hongkong, or on board the British ships there they shall, upon due requisition by the Chinese authorities, be searched for, and ou proof of their guilt, he delivered up; and whereas it is expedient to amend the law for the more effective carrying out of the said treaty in relation to the surrender of criminals, subjects of China, who take refuge in Hongkong, or on board the British ships there: Bo it enacted by the Governor of Hongkong by and with the advice and consent of the Legislative Council thereof, as follows:-
Preamble.
1. This Ordinance may be cited for all purposes as The Short title. Chinese Extradition Ordinance, 1889,
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