THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.
HONGKONG.
ANNO VICESIMO OCTAVO VICTORIE REGINE.
No. 4 of 1865.
By His Excellency WILLIAM THOMAS MERCER, Esquire, Acting Governor and mander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Amiral of the same, with the Advice of the Legislative Council of Hongkong. W. T. MERCER.
An Ordinance to consolidate and amend the Enactments in Force in this Colony relating to Offences against the Person.
[2nd June, 1865.]
Whereas it is expedient to consolidate and amend the Enactments in Force in this Colony relating to Offences against the Person: Be it therefore enacted by His Excel- -ncy the Governor of Hongkong, with the Advice of the Legislative Council thereof, at llows:-
Title.
Preamble.
291
Homicide.
1. Whosoever shall be convicted of Murder shall suffer Death as a Felon.
Murder.
2. Upon every Conviction for Murder the Court shall pronounce Sentence of Death, Sentence for Murder. and the same may be carried into Execution, and all other Proceedings upon such Sen- tence and in respect thereof may be had and taken, in the same Manner in all respects as Sentence of Death might have been pronounced and carried into Execution, and all ther Proceedings thereupon and in respect thereof might have been had and taken, efore the passing of this Ordinance upon a Conviction for any other Felony for which the Prisoner might have been sentenced to suffer Death as a Felon.
3. The Body of every Person executed for Murder shall be buried in such Place as the Governor shall order, and the Sentence of the Court shall so direct.
Burial of Body.
citing to commit
4. All Persons who shall within this Colony conspire, confederate and agree to Conspiring or soli- murder any Person, whether he be a Subject of Her Majesty or not, and whether he be Murder. within the Queen's Dominions or not, and whosoever within this Colony shall solicit, ncourage, persuade, or endeavour to persuade, or shall propose to any Person, to murder any other P'erson, whether he be a Subject of Her Majesty or not, and whether be be within the Queen's Dominions or not, shall be guilty of a Misdemeanor, and, ing convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not more than Ten and not less than Three Years,-- Je imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
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5. Whosoever shall be convicted of Manslaughter shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, or to pay such Fine as the Court shall award, in addition to or without any such other discretionary Punishment as aforesaid.
Manslaughter.
6. No Punishment or Forfeiture shall be incurred by any Person who shall kill Excusable Homicide. other by Misfortune or in his own Defence, or in any other Manner without Felony.
7. Every Offence which, before the Commencement of the Act of the Imperial Petit Treason. Parliament of the Ninth Year of King George the Fourth, Chapter Thirty-one, would ve amounted according to the Law of England to Petit Treason, shall be deemed to Murder only, and no greater Offence; and all Persons guilty in respect thereof, hether as Principals or Accessories, shall be dealt with, indicted, tried, and punished 45 Principals and Accessories in Murder.
of Murder or Man- slaughter where the
S. Where any Person being feloniously stricken, poisoned, or otherwise hurt at Provision for Trial *y Place in this Colony, shall die of such Stroke, Poisoning, or Hurt the Sea, or at
upon y Place out of this Colony, every Offence committed in respect of any such Case, Cause of Death only whether the same shall amount to the Offence of Murder or of Manslaughter, or of being happens in thisColony.
ssory to Murder or Manslaughter, may be dealt with, inquired of, tried, determined, d punished in this Colony in which such Stroke, Poisoning, or Hurt shall happen, in same manner in all respects as if such Offence had been wholly committed in this
dony.
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