494
THE HONGKONG GOVERNMENT GAZETTE, 18TH NOVEMBER, 1876.
GOVERNMENT NOTIFICATION.
The following Bills, which were read a first time at a Meeting of the Legislative Council, held on Thursday, the 16th day of November, 1876, are published for general information.
By Command,
Council Chamber, Hongkong, 16th November, 1876.
Title.
Preamble.
Short title.
Interpretation clause.
An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to consolidate and amend the Ordinances relating to Deportation, Conditional Pardons, the Branding and Punishment of certain Criminals, and the Ordi- nance No. 9 of 1857, entitled "An amended Ordinance. for better Securing the Peace of the Colony."
WH
"
1876.] HEREAS it is expedient to consolidate and amend the enactments now in force in this Colony in reference to deportation, conditional pardons, the branding and punishment of certain criminals, and Ordinance No. 9 of 1857 entitled "An amended Ordinance for better securing the peace of the Colony;" Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited for all purposes as "The Deportation and Conditional Pardons Consolidation Ordinance,
1876."
II. In the construction of this Ordinance, the expression "order of deportation" shall mean an order of the Governor in [See Ord. 4 of Council, prohibiting a person from residing or being within this 1871, sec. 1.1 Colony, for a term not exceeding five years.
Power to
III. Any Justice of the Peace may lawfully arrest, or cause to arrest and keep be arrested, with or without warrant, any person whom he shall suspected
reasonably suspect to be an emissary or abettor of Her Majesty's emissaries or abettors of enemies, or of pirates, or of Chinese disaffected to Her Majesty's enemies. Government, or otherwise dangerous to the peace and good order of of this Colony, and him safely keep until he can be dealt with
according to law.
[See Ord. 9 1857, sec. 6.] Security to
any
.:
IV. Any Magistrate, or Justice of the Peace may cause any appear within Chinese person to find. reasonable security for his appearance in twelve months. any Court for
any purpose, and at [See Ord. 8 of and every adjudication to that effect shall be made in open time within twelve months,
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 deportation under section V of this Ordinance.
1858, sec. 21.[
Power to
deport for five
order of
V. The Governor in Council may, by order under his hand, prohibit any person not being a natural born or naturalised subject of Her Majesty from residing or being within this Colony during any space of tine not exceeding five years, and may by the same or any subsequent order under his hand, fix the time for the departure of such person from the Colony.
H. Ę. WODEHOUSE,
years. [See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.] Penalty for VI. Every person who either before or after the passing of disobedience to this Ordinance shall have been prohibited by order of the Go- or violation of vernor in Council from residing or being within this Colony for deportation. any space of time not exceeding five years under the provisions [See Ord. 4 of of this or any other Ordinance, and who without lawful authority 1871, sec. 3.] or excuse, the proof of which shall lie upon him, shall be 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 deporta- tion, shall be guilty of a misdemeanor, and upon conviction thereof before the Supreme Court, shall be liable to imprisonment, with or without hard labour, for any period not exceeding one year: Provided always 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 sum- marily with the case, instead of committing the prisoner for trial at the Supreme Court.
Governor may
grant pardon subject to conditions of offenders leaving the Colony, [See Ord. 1 of
VII. It shall be lawful for the Governor to grant to any offender convicted of any crime a pardon subject to either of the following conditions, as the case may be: That such offender shall quit the Colony and not afterwards be found at large therein; or that such offender shall, in lieu of a sentence of death which may have been passed upon or recorded against him by 1860, sec. 1.] any Court of competent jurisdiction, suffer such term of impri- sonment, with or without hard labour, or penal servitude, as the Governor may think fit.
Clerk of Councils.