THE HONGKONG governmENT GAZETTE, 17TH OCTOBER, 1868.
by open or advised Speaking as aforesaid, except upon his own Confession in open Court, or unless the Words so spoken shall be proved by Two credible Witnesses.
V. It shall be lawful in any Information for any Felony In Informa- under this Ordinance, to charge against the Offender any number tions more than of the Matters, Acts, or Deeds, by which such Compassings, Ima- One Overt Act ginations, Inventions, Devices, or Intentions as aforesaid, or any charged. of them, shall have been expressed, uttered, or declared.
may be
VI. Provided always that nothing herein contained shall Nothing herein lessen the Force of, or in any Manner, affect anything enacted by to affect 25 the Statute passed in the Twenty-fifth Year of KING EDWARD Edward 3, the Third,--A Declaration which Offences shall be adjudged chap. 2.
Treason.
dinance valid
VII. If the Facts or Matters alleged in an Information for Informations any Felony under this Ordinance, shall amount in Law to Treason for Felony such Information shall not by reason thereof, be deemed void, under this Or- erroneous or defective; and if the Facts or Matters proved at the though the Trial of any Person charged with any Felony under this Ordinance, Facts may shall amount in Law to Treason, such Person shall not, by reason amount to thereof, be entitled to be acquitted of such Felony; but no Person Treason. tried for such Felony shall be afterwards prosecuted for Treason upon the same Facts.
before and
VIII. In the case of every Felony punishable under this As to the Ordinance, every Principal in the Second Degree and every Punishmentof Accessory before the Fact shall be punishable in the same Manner, Accessories as the Principal in the First Degree is by this Ordinance punish- after the Fact. able; and every Accessory after the Fact to any such Felony shall, on Conviction, be liable to be Imprisoned with or without Hard Labor, and with or without Solitary Confinement, for any Term not exceeding Two Years.
IX. This Ordinance shall commence and take Effect on such Commence- Day as shall hereafter be fixed by Proclamation under the Hand ment of Ordi- of the Governor.
Passed the Legislative Council of Hongkong, this 13th Day of October, 1868.
L. D'ALMADA E CASTRO, Clerk of Councils.
nance.
411
No. 15.
PROCLAMATION.
[L.S.] RICHARD GRAVES MACDONNELL
By His Excellency SIR RICHARD GRAVES MACDONNELL, Knight, and Companion of the Most Honorable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same.
Whereas by Section IX of Ordinance No. 13 of 1868, entitled-An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to assimilate the Laws of this Colony respecting Treasonable Offences to the Law of the United Kingdom, it is enacted as follows:-
"This Ordinance shall commence and take effect on such Day as shall hereafter be fixed by "Proclamation under the hand of the Governor:"-
Now, therefore, I, SIR RICHARD GRAVES MACDONNELL, Governor of the Colony of Hongkong, in pursuance of the said Section, and by virtue of the Authority thereby in me vested, do hereby under my hand Proclaim that the said Ordinance shall commence and take effect from this date.
By His Excellency's Command,
GOD SAVE THE QUEEN.
Given at Victoria, Hongkong, this 17th Day of October, 1868.
J. GARDINER AUSTIN,
Colonial Secretary.