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Principals in the Second Degree and Accessories.
Fine and Sureties for keeping the Peace; in what Cases.
Hard Labour.
Solitary Confinement.
Commencement of Ordinance.
ORDINANCE No. 6 OF 1865.
Forgery.
been liable to suffer Death as a Felon; then, and in each of the several Cases aforesaid, if any Person shall after the Commencement of this Ordinance be convicted of any such Felony as is herein-before in this Section mentioned, or of aiding, abetting, counselling, or procuring the Commission thereof, and the same shall not be punishable under any of the other Provisions of this Act, every 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 Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
XLVIII In the Case of every Felony punishable under this Ordinance, every Principal in the Second Degree, and every Accessory before the Fact, shall be punishable in the same Manner as the Principal in the First Degree is by this Ordinance punishable; and every Accessory after the Fact to any Felony punishable under this Ordinance shall on Conviction be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement; and every Person who shall aid, abet, counsel, or procure the Commission of any Misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal Offender.
XLIX. Whenever any Person shall be convicted of a Misdemeanor under this Ordinance it shall be lawful for the Court, if it shall think fit, in addition to or in lieu of any of the Punishments by this Ordinance authorized, to fine the Offender, and to require him to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, and being of good Behaviour; and in all Cases of Felonies in this Ordinance mentioned it shall be lawful for the Court, if it shall think fit, to require the Offender to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any of the Punishments by this Ordinance authorized Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year.
L. Whenever Imprisonment, with or without Hard Labour, may be awarded for any Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4 of 1863, Section XV.
LI. Whenever Solitary Confinement may be awarded for any Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year.
LII. This Ordinance shall commence and take effect on the Fourteenth Day of June, in the Year One Thousand Eight hundred and Sixty-five.
ORDINANCE No. 9 of 1865.
Neutrality.
No. 9 of 1865.
An Ordinance to give Effect to Her Majesty's Regulations for the Observance of Neutrality during the existing Hostilities between the United States and the States calling themselves the Confederate States of America.
[3rd June 1865.]
WHEREAS Her Majesty has expressed her full Determination to observe the Duties of Neutrality during the existing Hostilities between the United States and the States calling themselves the Confederate States of America, and has resolved to prevent, as far as possible, the Use of Her Majesty's Harbours, Ports, and Coasts and the Waters within Her Majesty's territorial Jurisdiction in aid of the Warlike Purposes of either Belligerent; and whereas in furtherance of such Her Majesty's Determinations expressed as aforesaid Her Majesty has (amongst other Things) caused it to be notified and published that no Ship of War or Privateer of either Belligerent should be permitted while in any Port, Roadstead or Waters subject to the territorial Jurisdiction of Her Majesty to take in any Supplies, except Provisions and such other Things as might be requisite for the Subsistence of her Crew, and except so much Coal only as would be sufficient to carry such Vessel to the nearest Port of her own Country or to some nearer Destination, and that no Coal should be again supplied to any such Ship of War or Privateer in the same or any other Port, Roadstead, or Waters subject to the territorial Jurisdiction of Her Majesty without Special Permission, after the Expiration of Three Months from the Time when such Coal should have been last supplied to her within British Waters as aforesaid; And whereas the Circumstances of this Colony are such as to render it necessary in order to give full Effect to Her Majesty's Intention as aforesaid that Recourse be had to local Enactment: Be it therefore enacted by His Excellency the Governor of Hongkong, by and with the Advice of the Legislative Council thereof, as follows:
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I. Whosoever shall, within this Colony or the Waters thereof, knowingly furnish or supply or shall knowingly contract or agree to furnish or supply, or shall knowingly aid or assist in furnishing or supplying or shall knowingly cause or procure to be furnished or supplied to, or for the Use of any Ship of War or Privateer of the United States of North America or of the States calling themselves the Confederate States of America, whilst such Ship of War or Privateer is within the Waters of this Colony, or within any Distance from this Colony, not exceeding Five Miles, any Arms, Ammunition, Gunpowder, or Naval or Military Stores, or shall, within this Colony or the Waters thereof, put on Board, or shall contract or agree to put on Board, or shall aid or assist in putting on Board, or shall cause or procure to be put on Board of any Vessel, Boat, Barge, or other Craft, any Arms, Ammunition, Gunpowder, or Naval or Military Stores, with the Intent and Design that the same may be conveyed to any such Ship of War or Privateer as aforesaid
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