THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1876.
'HONGKONG.
ANNO QUADRAGESIMO VICTORIA REGINE.
SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B., Governor and Commander-in-Chief.
No. 8 or 1876.
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,"
W
[11th December, 1876.]
Title.
HEREAS it is expedient to consolidate and amend the Preamble.
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 Short title. Deportation and Conditional Pardons Consolidation Ordinance, 1876."
II. In the construction of this Ordinance, the expression Interpretation "order of deportation" shall mean an order of the Governor in clause. Council, prohibiting a person from residing or being within this [See Ord. 4 of Colony, for a term not exceeding five years.
1871, sec. 1.]
suspected
III. Any Justice of the Peace may lawfully arrest, or cause to Power to be arrested, with or without warrant, any person whom he shall arrest and keep reasonably suspect to be an emissary or abettor of Her Majesty's emissaries or enemies, or of pirates, or of Chinese disaffected to Her Majesty's abettors of Government, or otherwise dangerous to the peace and good order enemies. of this Colony, and him safely keep until he can be dealt with [See Ord. 9 of
1857, sec. 6.] according to law.
twelve months.
IV. Any Magistrate, or Justice of the Peace may cause any Security to Chinese person to find reasonable security for his appearance in appear within any Court for any purpose, and at any time within twelve months, [See Ord. 8 of and every adjudication to that effect shall be made in open 1858, sec. 21.1 Court, and reported forthwith to the Governor; and such Chinese not finding such security shall be deemed a person dangerous to the peac of the Colony, and be liable to deportation under section V of this Ordinance.
years.
V. The Governor in Council may, by order under his hand, Power to prohibit any person not being a natural born or naturalised subject deport for five of Her Majesty from residing or being within this Colony during [See Ord. 9 of any space of time not exceeding five years, and may by the same 1857, sec. 7, or any subsequent order under his hand, fix the time for the and Ord. 4 of departure of such person from the Colony.
1871, sec. 2.]
order of
VI. Every person who either before or after the passing of Penalty for this Ordinance shall have been prohibited by order of the Go-disobedience to vernor in Council from residing or being within this Colony for or violation of any space of time not exceeding five years under the provisions deportation. of this or any other Ordinance, and who without lawful authority [See Ord. 4 of or excuse, the proof of which shall lie upon him, shall be in this 1871, sec. 3.] 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.
conditions of
VII. It shall be lawful for the Governor to grant to any Governor may offender convicted of any crime a pardon subject to cither of grant pardon the following conditions, as the case may be: That such offender subject to shall quit the Colony and not afterwards be found at large offenders therein; or that such offender shall, in lieu of a sentence of death leaving the which may have been passed upon or recorded against him by Colony.
[See Ord. 1 of any Court of competent jurisdiction, suffer such term of impri-1860, sec. 1.] sonment, with or without hard labour, or penal servitude, as the Governor may think fit.
551