174
Being seen within Twenty-one Days on
Board a Junk, &c. proved to have taken unable to satisfy the
part in Piracy and
Court as to non- complicity.
Being seen within
Twenty-one Days on Board n Junk, &c.
part in Piracy with
Violence or Piracy with Murder and
unable to satisfy the Court as to non-
THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1868.
VII. Whosoever shall be found within the Colony of Hongkong on Board a Junk, Vessel, or Boat, which Junk, Vessel, or Boat shall be proved to have taken part in an Act of Piracy within Twenty-one Days previously, and who shall be unable to satisfy the Court that he was not on Board such Junk, Vessel, or Boat, at the Time of the commission of such Act of Piracy, or, if on Board at such Time, that he was not on Board with his own consent or with the knowledge that an Act of Piracy was about to be committed, shall be guilty of Felony and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Ten Years and not less than Five Years, or to be Transported for any Term not exceeding Ten Years and not less than Five Years, or to be Imprisoned for any Term not exceeding Two Years with or without Hard Labor.
VIII. Whosoever shall be found within the Colony of Hongkong on board a Junk, Vessel, or Boat, which shall be proved to have taken part in an Act of Piracy with proved to have taken Murder within Twenty-one Days previously, and who shall be unable to satisfy the Court that he was not on Board such Junk, Vessel, or Boat at the time of the Com- mission of such Act of Piracy with Violence or Piracy with Murder, or, if on Board at such Time, that he was not on Board with his own consent or with the knowledge that an Act of Piracy with Violence or Piracy with Murder was about to be com- mitted, shall be guilty of Felony and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Fourteen Years, or to be Transported for Life, or for any Term not less than Fourteen Years, or to be Imprisoned for any Period not exceeding Two Years with or without Hard Labor,
complicity.
Being seen on Board a
Piratical Junk, &c., the Court as to non- complicity.
and unable to satisfy
Juvenile Offenders, how to be dealt with,
IX. Whosoever shall be found within the Colony of Hongkong on Board any Junk, Vessel, or Boat, equipped for the Purposes of Piracy, and who shall be unable to satisfy the Court that he was not on Board such Junk, Vessel, or Boat with his own consent or with the knowledge that the same was equipped for the Purposes of Piracy, shall be guilty of Felony and being convicted thereof shall be liable, at the Discretion of the Court, to be Imprisoned with or without Hard Labor for any Term not exceeding Three
Years:
If after the coming into Operation of this Ordinance, any Person shall be con- victed of any Offence punishable under this Ordinance whose Age shall not in the Opinion of the Court excced the Age of Sixteen Years, then and in every such Case it shall be lawful for the Court in addition to or in lieu of the Sentence passed or omitted to be passed for his Offence to direct such Offender to be sent at the Expiration of such Sentence, or forthwith, as the Case may be, to any Reformatory School established or to be established in this Colony (if the Directors or Managers thereof shall be willing to receive such Offender) and to be there detained for a Period not less than One Year and not exceeding Five Years:
It shall be lawful for the said Court in addition to any punishment, other than Capital punishment, hereby imposed for any Offence against this Ordinance, to order any Male Person whose Age in the Opinion of the Court shall exceed Six- teen Years convicted under this Ordinance, to be Once, Twice and Thrice publicly flogged in the manner and subject to the conditions and restrictions prescribed and imposed with respect to flogging under under Ordinance No. 12 of 1865. Adult Convicts may be flogged and be marked before being discharged from Cus- tody such Person may be marked with some indelible mark in such manner and in such part of the body as the Governor in Council may from Time to Time direct. X. In order to bring to adjudication with as little delay and inconvenience as 4 Court to be consti- possible any Person who shall be charged with the Crime of Piracy or with any of the tuted for the Purpose. Offences hereinbefore mentioned, and by this Ordinance defined, there shall be consti- tuted in this Colony a Court of Record to be styled "The High Court of Hongkong for the Suppression of Piracy."
Jurisdiction in Piracy,
&c., to be exercised by
Powers of Court and President.
Constitution of Court.
XI. The said High Court shall have all such Powers as are possessed by the Supreme Court, so far as they are necessary for carrying into effect the Provisions of this Ordinance and consistent with the object thereof.
XII. The said High Court shall consist of the Chief Justice, the Judge of the Court of Summary Jurisdiction, who shall be called the Official Members of the said Court, and of Three other Persons, to be appointed from time to time by the Governor, who shall be called the Unofficial Members of the said Court.