552
the hongkong GOVERNMENT GAZETTE, 16TH DECEMBER, 1876.
Breach of VIII. If any offender to whom a pardon shall have been granted conditional
either before the passing of this Ordinance, or afterwards under pardon. [See Ord. 5 of
the provisions of this Ordinance, on the condition of his quitting 1871, sec. 2.] 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 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, and to remit him to gaol to undergo any sentence not exceeding the whole of his original or commuted sentence, instead of committing the prisoner for trial at the Supreme Court.
Branding in what cases may be ordered by Governor.
[See Ord. 4 1872, sec. 1.]
Governor in
Council may deport prisoners.
Branded con- victs when
of
IX. In all cases where any Chinese person convicted of any crime and actually undergoing sentence, of imprisonment, may voluntarily petition the Governor to be released on condition that he shall be sufficiently marked or branded, to be thereby recog- nised subsequently, and shall also undertake to quit the Colony and not return thereto without permission from the Governor, it 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. In all cases when it seems expedient that any prisoner convicted of any crime, and actually undergoing sentence of im- prisonment should be released and deported, it shall be lawful for the Governor in Council to order such prisoner to be deported. XI. Every convict so deported as aforesaid, and nevertheless liable to flog- returning to the Colony, shall be liable, on conviction thereof ging on return before a Magistrate, to undergo the remainder of his original te Culony. sentence, and also, if a male, and if convicted subsequent to his [See Ord. 4 of return to the Colony of any felony or other crime which the Court 1872, see. 2.] sentencing such convict may consider to be so brutal, 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.
Regulations as to mode of
branding to be framed by Governor in Council.
[See Ord. 4 of 1872, sec. 3.]
Prisoner may be deported again.
XII. Regulations defining the mode of branding under this Ordinance shall be framed by the Governor in Council, and may be altered and amended, from time to time, by the same authority.
XIII. It shall be lawful for the Governor in Council, if he shall think fit, to issue a new order of deportation against any person [See Ord. 4 of who shall have been convicted of an offence against section VI of 1871, sec. 4.] this Ordinance, and such order shall commence to take effect during or at the expiration of any term of imprisonment to which the prisoner shall have been sentenced.
Prisoner re-
turning after
conditional
XIV. It shall be lawful for the Governor in Council, if he shall think fit, to issue an order of deportation against any person who pardon may be shall have been convicted of an offence against sections VIII or XI of this Ordinance, and such order shall commence to take effect during or at expiration of any term of imprisonment to which the prisoner shall have been sentenced.
deported.
Mendicancy forbidden. [See Ord. 8 of 1858, secs. 23 and 28.]
Lepers to be sent to Chinese authorities.
Penalty on persons know- ingly harbour-
XV. Any person convicted before a Magistrate of mendicaney in this Colony shall be liable to a fine not exceeding five dollars, or in default thereof, to imprisonment, with or without hard labour, not exceeding twenty-one days, or, in the discretion of the Magis- trate, shall be liable to be whipped thirty-six strokes with a rattan, and be sent to his native place.
XVI. All persons affected with leprosy are hereby prohibited from residing or being within the jurisdiction of this Colony, and all lepers natives of China found in the jurisdiction shall be apprehended, and, subject to the order of the officer for the time being in command of the Police, be liable to be forthwith sent to Canton, and there handed over to the Chinese authorities, and on being found within this Colony a second time, shall be liable to deportation by order of the Governor.
XVII. Any person who shall knowingly harbour or conceal, in the Colony of Hongkong, any person under sentence of deporta- ing Chines tion, shall, on conviction thereof before a Justice of the Peace, under sentence be liable to a fine not exceeding fifty dollars, or in default of of deportation. payment, to be imprisoned, with or without hard labour, for any [See Ord. 9 of term not exceeding six months.
1867, sec. 17.]