# Ordinance
# Bill No. 27 of 1876
## An Ordinance for the more effectual Suppression of Piracy.
[Assented to 30th November, 1876.]
## Preamble.
WHEREAS it is expedient to amend and consolidate the law relating to Piracy ;
It is hereby enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
## I. Repeal of Ordinance No. 1 of 1868 and No. 6 of 1869.
## II. Interpretation.
The words "Colony of Hongkong" shall include all ports, harbours, creeks, bays, and other places, as well within the limits of the said Colony as without such limits, which are or may be subject to the jurisdiction of the Governor of the said Colony.
## III. Offence of Piracy.
Whosoever shall be found within the Colony of Hongkong being a pirate, or being a person who shall have committed any act of piracy, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned with or without hard labour for any term not exceeding two years.
## IV. Accessories to Piracy.
Whosoever shall be found within the Colony of Hongkong being an accessory to any act of piracy, or who shall have aided, abetted, counselled, or procured the commission of any such act, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for a term not less than three years, and not exceeding fourteen years.
## V. Being found on board a pirate vessel.
Whosoever shall be found within the Colony of Hongkong being on board any junk, vessel, or boat, equipped for the purposes of piracy, and who shall be unable to satisfy the Court that he was on board such junk, vessel, or boat without his own consent, or with the knowledge that the same was equipped for the purposes of piracy, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for a term not less than three years, and not exceeding five years.
## VI. Dealing with juvenile offenders.
If after the coming into operation of this Ordinance, any person whose age shall not in the opinion of the Court exceed the age of sixteen years, shall be convicted of any offence punishable under this Ordinance, it shall be lawful for the Court, in addition to, or in lieu of the sentence passed or omitted to be passed for his offence, to direct such offender to be sent to any Reformatory School established or to be established in this Colony.
## VII. Power to flog.
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 person whose age in the opinion of the Court shall exceed sixteen years, convicted under this Ordinance, to be once, twice, or thrice privately or publicly flogged.
## VIII. Commutation of capital punishment.
Whenever sentence of death shall have been pronounced under this Ordinance upon any prisoner, and such sentence shall be commuted by the Governor, it shall be lawful for the Governor in Council to order that such prisoner be once, twice, or thrice publicly or privately flogged.
## IX. Repeal.
Ordinances No. 1 of 1868 and No. 6 of 1869 are hereby repealed.
## X. Inconsistent laws.
All local laws, statutes, Ordinances and usages inconsistent with the provisions of this Ordinance, shall be and the same hereby are declared to be of no force and effect whatsoever within the Colony of Hongkong.
## XI. Commencement.
This Ordinance shall take effect on a day to be hereafter proclaimed by the Governor.
## Statement of Objects and Reasons.
This Ordinance by incorporating two sections of the Imperial Act 1 Vict. c. 88, which is already in force in this Colony, will render references to the law of piracy here more easy.
J. RUSSELL,
Acting Attorney General.
Hongkong, 6th November, 1876.
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76-K & S 2454
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