THE HONGKONG GOVERNMENT GAZETTE, 25TH AUGUST, 1866.
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board a Junk, &c.,
part in Piracy and
(5.) If any Person shall be found within the Colony of Hongkong on board a Being seen within Junk, Vessel, or Boat, which Junk, Vessel, or Boat shall be proved to have taken Twenty-one Days on part in an Act of Piracy within Twenty-one Days previously, and who shall be proved to have taken unable to satisfy the Court that he was not on board such Junk, Vessel, or Boat, unable to satisfy the at the time of the commission of such Act of Piracy or, if on board at such Court as to non- time that he was not on board with his own consent or with the knowledge that complicity. an Act of Piracy was about to be committed, such Person 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.
Twenty-one Days on
Violence or Piracy
unable to satisfy the
(6.) If any Person shall be found within the Colony of Hongkong on board a Being seen within Junk, Vessel, or Boat, which shall be proved to have taken part in an Act of Piracy board à Junk, &c., with Murder within Twenty-one Days previously, and who shall be unable to satisfy proved to have taken the Court that he was not on board such Junk, Vessel, or Boat at the Time of part in Piracy with the Commission of such Act of Piracy with Violence or Piracy with Murder, or if with Murder and on board at such Time that he was not on board with his own consent or with court as to non- the knowledge that an Act of Piracy with Violence or Piracy with Murder was complicity. about to be committed, such Person 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 l'eriod not exceeding Two Years with or without Hard Labor.
and unable to satisfy.
(7.) If any Person shall be found within the Colony of Hongkong on board any Being seen on board a Junk, Vessel, or Boat, equipped for the Purposes of Piracy, and who shall be unable Piratical Junk, &c., to satisfy the Court that he was not on board such Junk, Vessel, or Boat with his the Court as to non- own consent or with the knowledge that the same was equipped for the Purposes of complicity. Piracy, such Person shall be liable, at the Discretion of the Court, to be Imprisoned with or without Hard Labor for any Term not exceeding Three Years: Provided Juvenile Offenders always that if after the coming into Operation of this Ordinance, any Person shall be how to be dealt with. convicted of any Offence punishable under this Ordinance whose Age shall not in the Opinion of the Court exceed the Age of Sixteen Years, then and in every such Case it shall be lawful for the Court in addition to or in licu 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 in this Colony (if the Directors or Managers thereof shall be villing to receive such Offender) and to be there detained for a Period not less than One Year and not exceeding Five Years: Provided also that 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 Party or Parties whose age in the opinion of the Court shall exceed Sixteen Years convicted under this Ordinance, to be once, twice, or thrice publicly flogged in the manner and subject to the conditions and restrictions prescribed and imposed with respect to flogging under Ordinance No. 12 of 1865; and before being discharged from Custody such Parties shall be marked with some indelible mark in such manner and in such part. of the body as the Governor in Council time to time direct.
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VIII. The Official Members of the said Court shall take Precedence of the Unofficial Precedence. mbers, and the Official Members shall, when sitting in Court take Precedence ween themselves according to the Order in which their respective Offices are nerated in the Sixth Section, and the Unofficial Members according to the Priority their respective Appointments.
IX. The Court shall not be competent to try any Case unless Three Members Quorum.
the least of such Court shall be present at the Sitting of such Court, and of these
:
e Members, One, at the least, shall be the Chief Justice or the Judge of the Court
Summary Jurisdiction, and One at the least shall be a Naval Officer.
ed by
his absence the Judge
X. The Chief Justice shall preside in the Court, except when he shall be pre- Chief Justice to pre- h may
some necessary and reasonable Cause, and at any Sitting of the said Court side in Court, or in be held during his absence, the Judge of the Court of Summary Jurisdiction of the Court of preside.
Summary Jurisdic- tion.
I. All Matters which shall be brought before the Court, shall be decided by All Matters to be Majority of Votes.
The President shall have an Original Vote in common with
decided by a Majority of Votes.