THE HONGKONG GOVERNMENT GAZETTE, 18TH NOVEMBER, 1871.
Any Person charged with being guilty of any Offence punishable on Summary Conviction under this Section may be taken into Custody by any Police Officer without Warrant or may, if charged with being guilty of an Offence committed under the Circumstances thirdly hereinbefore mentioned, or any of them, be apprehended by the Owner or Occupier of the Property on which he is found or by the Servants of the Owner or Occupier, or by any other Person authorized by the Owner or Occupier, and may be detained until he can be delivered into the Custody of a Police Officer for the Purpose of being brought before a Magis- trate: Provided that no Person shall be so taken into Custody on the Ground that he is suspected of getting his Livelihood by dishonest Means except under a written Authority from the Captain Superintendent of Police, or his Deputy.
When a Person is convicted under this Section of an Offence which subjects him to tlie Supervision of the Police, the Record of his Conviction shall contain a Statement to the Effect that he is subject to the Supervision of the Police in pursuance of this Ordi- nance for a Period of Seven Years commencing from the Date of his Conviction, and exclusive of the Time during which he is undergoing his Punishment, or Words to the like Purport, but the Omission of any such Statement shall not exempt any Person from the Operation of this Section.
Act, 5 Geo. 4, c. 83.
VI. And whereas by the Fourth Section of the Act passed in Amendment the Fifth Year of the Reign of King GEORGE the Fourth, Chapter of Section 4 of Eighty-three, "for the Punishment of Idle and Disorderly Persons the Vagrant and Rogues and Vagabonds," and which said Act is in Force in this Colony, it is, amongst other Things, provided that every suspected Person or reputed Thief frequenting any River, Canal, or Navigable Stream, Dock, or Basin, or any Quay, Wharf, or Ware-house near or adjoining thereto, or any Street, Highway, or Avenue leading theretoor any Place of Public Resort, or any Avenue, leading thereto or any Street, Highway, or Place adjacent, withi Intent to commit Felony, shall be deemed a Rogue and Vagabond, and may
be apprehended and committed to Prison with Hard Labor for any Time not exceeding Three Calendar Months; And whereas Doubts are entertained as to the Nature of the Evidence required to prove for the Purposes of the said Section, the Intent to commit a Felony: Be it enacted, that in proving such Intent, it shall not be necessary to show that the Person suspected was guilty of any particular Äet or Acts tending to show his Purpose or Intent, and he may be convicted if from the Circumstances of the Case, and from his known Character as proved to the Magistrate before whom he is brought, it appears to such Magistrate that his Intent was to commit a Felony.
VII. Every Person who occupies or keeps any Lodging House, Penalty for Beer House, Public House, or other Place where Liquors are sold harboring for the Selling of which a License is required under Ordinance Thieves, &c., No. 11 of 18-44, or any Place of Public Entertainment or Public 25 & 26 Vict.. Resort, and knowingly lodges or harbors Thieves or reputed c. 101, s. 337,
Thieves, or knowingly permits or suffers them to meet or assemble therein, or allows the Deposit of Goods therein having reasonable Cause for believing them to be stolen, shall be liable on Summary Conviction to a Penalty not exceeding Fifty Dollars, and the Magistrate before whom he is brought, may, if he thinks fit, in addition to or in lieu of any Penalty, require him to enter into Recognizances, with or without Suretics, for keeping the Peace or being of good Behaviour during Twelve Months.
(1.) Provided that no Person shall be imprisoned for not finding Sureties in pursuance of this Section for a longer Period than Three Months.
(2.) The Security required from a Surety shall not exceed
One hundred Dollars,
And any License for the Sale of any Liquors, or for keeping any Place of Public Entertainment, or Public Resort which has been granted to the Occupier or Keeper of any such House or Place as aforesaid shall be forfeited on his First Conviction of an Offence under this Section, and on his Second Conviction for such. an Offence he shall be disqualified for a Period of Two Years from receiving any such License; moreover, where Two Convictions under this Section have taken place within a Period of Two Years in respect of the same Premises, whether the Persons convicted were or were not the same, the Magistrate may, if he so think fit, direct that for a Term not exceeding One Year from the Date of the last of such Convictions, no sucli License as aforesaid shall be granted to any Person whatever in respect of such Promises.
PART III.
Receivers of Stolen Goods.
VIII. Where any Person who, either before or after the Passing Burden of of this Ordinance, has been previously convicted of any Offence Proof in Cases specified in the Schedule higeto, sold invndeine Haave Ni.. of reviving
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