:
THE HONGKONG GOVERNMENT GAZETTE, 18TH NOVEMBER, 1876.
1871, sec. 2.]
VIII. If any offender to whom a pardon shall have been granted Breach of either before the passing of this Ordinance, or afterwards under conditional
pardon. the provisions of this Ordinance, on the condition of his quitting the Colony, be afterwards found at large therein without lawful See Ord. 5 of 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 shall have received such conditional pardon, and shall, on conviction thereof before the Supreme Court, be liable, in the discretion of the Court, to any sentence not ex- ceeding the whole of his original or commuted sentence, such sentence to commence from the date at which he shall be tried and convicted under this Ordinance: 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 summarily with the case, instead of com- mitting the prisoner for trial at the Supreme Court.
what cases
ordered by
IX. In all cases where any Chinese person convicted of any Branding in crime and actually undergoing sentence of imprisonment, may voluntarily petition the Governor to be released on condition that may be he shall be sufficiently marked or branded, to be thereby recog- Governor. nised subsequently, and shall also undertake to quit the Colony [See Ord. 4 of and not return thereto without permission from the Governor, it 1872, sec. 1.] shall be lawful for the Governor to order any convict so petition- ing as aforesaid to be marked and branded accordingly: Provided, nevertheless, that every such convict so petitioning, shall state in his petition his willingness to leave the Colony, and, if found therein subsequently without due permission, to be dealt with as the law may direct.
X. Every convict so petitioning and branded as aforesaid, and Branded con- nevertheless returning to the Colony, shall be liable, on conviction viets when
liable to flog- thereof before a Magistrate, to undergo the remainder of his ging on return original sentence, and also, if a male, and if convicted subsequent to Colony. to his return to the Colony of any felony or other crime which the [See Ord. 4 of Court sentencing such convict may consider to be so brutal, 1872, sec. 2.] inveterate, or mischievous as to justify extraordinary measures, shall be liable to be once or twice publicly or privately flogged with the regulation instrument: Provided that not more than thirty-six lashes be inflicted on any one occasion.
XI. Regulations defining the mode of branding under this Regulations as Ordinance shall be framed by the Governor in Council, and may to mode of be altered and amended, from time to time, by the same authority, framed by
branding to be
Governor in Council. [See Ord. 4 of 1872, sec. 3.]
XII. It shall be lawful for the Governor in Council, if he shall Prisoner may think fit, to issue a new order of deportation against any person be deported
pagain. who shall have been convicted of an offence against section VI of
[See Ord. 4 of this Ordinance, and such order shall commence to take effect 1871, sec. 4.] during or at the expiration of any term of imprisonment to which the prisoner shall have been sentenced.
XIII. It shall be lawful for the Governor in Council, if he shall Prisoner re- think fit, to issue an order of deportation against any person who turning after shall have been convicted of an offence against sections VIII conditional
pardon may be or X of this Ordinance, and such order shall commence to take, deported. effect during or at expiration of any term of imprisonment to which the prisoner shall have been sentenced.
[See Ord. 8 of
XIV. Any person convicted before a Magistrate of mendicaney Mendicaney in this Colony shall be liable to a fine not exceeding five dollars, forbidden. or in default thereof, to imprisonment, with or without hard labour, 1858, secs. 23 not exceeding twenty-one days, or, in the discretion of the Magis- and 28.] trate, shall be liable to be whipped thirty-six strokes with a rattan, and be sent to his native place.
authorities.
XV. All persons affected with leprosy are hereby prohibited Lepers to be from residing or being within the jurisdiction of this Colony, and sent to Chinese all lepers natives of China apprehended in the jurisdiction shall, on the order of the officer for the time being in command of the Police, be forthwith sent to Canton, and there handed over to the Chinese authorities.
XVI. Any person who shall knowingly harbour or conceal, in Penalty on the Colony of Hongkong, any person under sentence of deporta- persons know- ingly harbour- tion, shall, on conviction thereof before a Justice of the Peace,
ing Chinese be liable to a fine not exceeding fifty dollars, or in default of under sentence payment, to be imprisoned, with or without hard labour, for any of deportation. term not exceeding six months.
[See Ord. 9 of 1857, sec. 17.]
XVII. The following Ordinances and parts of Ordinances are Repeal. hereby repealed:
Ordinance 14 of 1845,-Section II, sub-section 17, the words
""
*
"shall beg," &c., &c., &c., up to
"alms or,"
9 of 1875,-All sections not previously repealed.
8 of 1858,-Sections XXI and XXIII, and sub-
section 9 of section XXVIII.
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