THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1881.
III. Any Magistrate may cause any Chinese person to find reasonable security for his appearance in any Court for any purpose, and at any time within twelve months, and every adjudication to that effect shall be made in open Court, and reported forthwith to the Governor; and such Chinese not finding such security shall be deemed a person dangerous to the peace of the Colony, and be liable to banishment under section 4 of this Ordinance.
IV. The Governor in Council may, by order, prohibit any person not being a natural born or naturalized subject of Her Majesty from residing or being within this Colony during any space of time not exceeding five years, and may by the same or any subsequent order, fix the time for the departure of such person from the Colony.
V. Every person who has been prohibited by order of the Governor in Council from residing or being within this Colony for any space of time not exceeding five years under the provisions of this or any other Ordinance, and who without lawful authority or excuse, the proof of which shall lie upon him, is in this Colony after the date of such order, or after the time fixed for his departure, and before the expiration of the term of his banishment, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment, with or without hard labour, for any period not exceeding one year: Provided that in all cases in which the prisoner when brought before a Magistrate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, instead of committing the prisoner for trial at the Supreme Court.
VI. The Governor may in his discretion grant to any offender convicted of any crime a pardon subject to either of the following conditions, as the case may be, viz.: That such offender shall quit the Colony and not afterwards be found at large therein; or that such offender shall, in licu of a sentence of death which may have been passed upon or recorded against him by any Court of competent juris- diction, suffer such term of imprisonment, with or without hard labour, or penal servitude, as the Governor may think
fit.
VII. If any offender to whom a pardon has been granted either before or after the passing of this Ordinance, on the condition of his quitting the Colony, be afterwards found at large therein without lawful authority or excuse, the proof whereof shall lie upon him, he shall be guilty of a felony or of a misdemeanor, according to the nature of the offence for which he received such conditional pardon, and shall, on conviction, be liable, to any sentence not exceeding the whole of his original or commuted sentence, such sentence to commence from the date at which he is tried and convicted under this Ordinance: Provided that in all cases in which the prisoner when brought before a Magis- trate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, and to remit him to gaol to undergo any sentence not. exceeding the whole of his original or commuted sentence, instead of committing him for trial at the Supreme Court.
VIII. If it appears fit to the Governor in Council, the Governor in Council may issue a new order of banishment against any person who has been convicted of an offence against section 5 of this Ordinance, and such order shall commence to take effect during or at the expiration of any term of imprisonment to which the prisoner has been sentenced.
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IX. If it appears fit to the Governor in Council, the Governor in Council may issue an order of banishment against any person who has been convicted of an offence against section 7 of this Ordinance, and such order shall commence to take effect during or at the expiration of any term of imprisonment to which the prisoner has been sentenced.
X. Any person who knowingly harbours or conceals in the Colony of Hongkong, any person whose banishment has been ordered, shall, on conviction thereof before a Magistrate, be liable to a fine not exceeding fifty dollars, or in default of payment, to be imprisoned, with or without hard labour, for any term not exceeding six months.
Security to
appour within twelve months. [See Ord, 8 of 1858, sec. 21.]
Power to banish for five years, [See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec, 2.)
Penalty for disobedience
to or violation of order of banishment.
Sverd. 4 of 1871, sec. 3.]
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. I of 1860, sec. 1.)
Breach of conditional pardon.
Prisoner may be banished Again. (See Ord. 4 of 1871, sec. 4.3
Prisoner re- turning after conditional nerdon and banishment may be again hunished.
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