408
The Consideration of statutory contract to deal with damage on arrival at a fixed price. This makes a civil matter, of what is generally attempted to deal with a penal sum, the penalty for breach of the contract at $500. This makes it enforceable as damages.
This Zoning Sanction is S.P.O. Approval.
Isa 2037
Sanction.
120/4
No. G. Gambling Ordinance
This quietly repeats with art. notice. The famous sections under which the gambling regulations were issued - They may go, as of no further use.
It also amends - slightly - the laws in other particulars.
Sanction.
No 8 requires further consideration.
Send No 10.
at the G.P.O.
recirculated 1/3/1877
ho. S.
--
Jenn
P.O.
circulate again
Deportation & Conditional Pardons.
The term deportation has given rise to much correspondence in former years: for it implies that the colony purports to control the deported persons when beyond colonial jurisdiction.
The original Ordinance No. 7 of 1857 empowered the Governor in Council to prohibit any person (with certain exceptions) from residing in the Colony, and if he disregarded the order when the Governor ordered him to be deported (if necessary) "beyond the limits of the Colony". This provision was repealed by Ordinance 4 of 1871, in consequence of a despatch from the 2nd Earl of Kimberly in 1870, and the clause was amended.
Such legislation is necessary in the exceptional position of Hongkong, in forcing mainland criminals to leave; and as long as "deportation" and "banishment" were in the same category, there is no objection to either. The interpretation clause gives to "order of deportation" the meaning assigned by "order of banishment".
Section 3 is an old relic of early times at Hongkong, when the colony was by law the foot it is; it is objectionable in itself - but requires consideration if taken in connection with am. 4 & 5.
S. 4 is taken from Ordinance 8 of 1858, and empowers a magistrate to require any Chinaman to find security for his appearance, and if he fails to find it, he is to be imprisoned and be liable to deportation.
S. 5 empowers the Governor to prohibit any person from residing in the colony for 5 years, and may fix the time of his deportation.
By means of these sections, if a Chinaman is found guilty of theft or other crime, the magistrate, on his first appearance, sometimes his second, commits him for 3 months or more, and orders him to find security for his appearance. Then if he fails to find security, and his name is reported to the Governor for deportation. Sometimes the order is refused, or the man is discharged. Sometimes...