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X. It shall be lawful for the Supreme Court when any Chinese Banishment Person shall be convicted before it of any Felony, not a Capital Fe- by Sentence lony, if it shall see fit, to adjudge and sentence that such Person of Supreme
Court. shall, in Addition to any other Punishment, or without any other Punishment, leave this Colony after, or at the Expiration of such other Punishment, where other Punishment may be adjudged, and within a Time to be named by the Court as Part of the Sentence; and that the Person so adjudged to leave, shall remain away either for a Term of Years or for Life.
Order or Sentence of
XI. Every Person who shall have been banished by the Gover- Penalty for nor in Council under this Ordinance, or under Section VI of Ordi- Disobeyance Dance No. 9 of 1857 (hereinbefore repealed), or by the Sentence of or Violation of the Supreme Court under the Provision in that Behalf hereinbefore. contained, and who, without lawful Authority or Excuse, the Proof Banishment. of which shall lie upon him, shall be found in the Colony after the or before the Expiration of Time fixed for his Departure therefrom, the Term of his Banishment, shall be guilty of a Misdemeanor, and upon Conviction thereof before the Supreme Court, shall be liable to a Fine not exceeding Five hundred Dollars or to Imprisonment with or without Hard Labor for any Period not exceeding One Year: Provided always that in all Cases in which the Prisoner when brought before a Magistrate shall plead guilty to such Charge, it shall be lawful for the Magistrate to deal summarily with the Case instead of committing the Prisoner for Trial at the Supreme Court.
XII. It shall be lawful for the Governor in Council, if he shall Prisoner may think fit, to issue a new Order of Banishment against any be banished Person who shall have been convicted of an Offence under the last again. preceding Section, and such Order shall commence to take effect
at the Expiration of any Term of Imprisonment to which the Prisoner shall have been sentenced.
Person under
XIII. Any Person who shall knowingly harbor or conceal in Penalty for the Colony of Hongkong any Person guilty of the Offence specified harboring in Section XI, shall, on Conviction thereof before a Magistrate, be order of liable to a Fine not exceeding Fifty Dollars or to Imprisonment Banishment. with or without Hard Labor for any Term not exceeding Six Months.
of Bauishment
XIV. A Copy of any Order of Danishment issued under this Copy of Order Ordinance, certified under the Hand of the Colonial Secretary, to bé primá shall be admissible in Evidence as prima facie Proof of such facie evidence Order in every Court in the Colony.
of Proof.
XV. The Forms given in the Schedule to this Ordinance or Forms in Forms to the like effect, with such Variations and Additions as Schedule may Circumstances require, may be used for the Purposes therein indi- be used. cated and Instruments in those Forms shall (as regards the Form thereof) be valid and sufficient.
XVI, The Provisions of this Ordinance as to Banishment shall No British not apply to British Subjects, but the Burden of Proof as to the Subject to be Nationality of the Prisoner shall lie upon him.
SCHEDULE OF FORMS.
banished.