( 20 )
( 21 )
191
# Title.
## Preamble.
## Short title.
## Interpretation clause.
### CONSOLIDATION ORDINANCE, 1876, DEPORTATION, BRANDING AND PUNISHMENT.
[See Ord. 4 of 1871, Sec. 1.]
### Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
### Security to appear within twelve months.
SIR ARTHUR EDWARD KENNEDY, K.C.M.G., & C.B., Governor and Commander-in-Chief.
No. 8 of 1876.
An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to consolidate and amend the Ordinances relating to Deportation, Conditional Pardons, the Branding and Punishment of certain Criminals, and the Ordinance No. 9 of 1857, entitled "An amended Ordinance for better securing the Peace of the Colony."
[11th December, 1876.]
WHEREAS it is expedient to consolidate and amend the enactments now in force in this Colony in reference to deportation, conditional pardons, the branding and punishment of certain criminals, and Ordinance No. 9 of 1857 entitled "An amended Ordinance for better securing the peace of the Colony," Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited for all purposes as "The Deportation and Conditional Pardons Consolidation Ordinance, 1876."
II. In the construction of this Ordinance, the expression "order of deportation" shall mean an order of the Governor in Council, prohibiting a person from residing or being within this Colony, for a term not exceeding five years.
III. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or without warrant, any person whom he shall reasonably suspect to be an emissary or abettor of Her Majesty's enemies, or of pirates, or of Chinese disaffected to Her Majesty's Government, or otherwise dangerous to the peace and good order of this Colony, and him safely keep until he can be dealt with according to law.
IV. Any Magistrate, or Justice of the Peace may cause any Chinese person to find reasonable security for his appearance in any Court for any purpose, and at any time within twelve months, and every adjudication to that effect shall be made in open Court, and reported forthwith to the Governor; and such Chinese not finding such security shall be deemed a person dangerous to the peace of the Colony, and be liable to deportation under section V of this Ordinance.
### Power to deport for five years.
V. The Governor in Council may, by order under his hand, prohibit any person not being a natural born or naturalised subject of Her Majesty from residing or being within this Colony during any space of time not exceeding five years, and may by the same or any subsequent order under his hand, fix the time for the departure of such person from the Colony.
### Penalty for disobedience to or violation of order of deportation.
VI. Every person who either before or after the passing of this Ordinance shall have been prohibited by order of the Governor in Council from residing or being within this Colony for any space of time not exceeding five years under the provisions of this or any other Ordinance, and who without lawful authority or excuse, the proof of which shall lie upon him, shall be in this Colony after the date of such order, or after the time fixed for his departure, and before the expiration of the term of his deportation, shall be guilty of a misdemeanor, and upon conviction thereof before the Supreme Court, shall be liable to imprisonment, with or without hard labour, for any period not exceeding one year: Provided always that in all cases in which the prisoner when brought before a Magistrate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, instead of committing the prisoner for trial at the Supreme Court.
### Governor may grant pardon subject to conditions of offenders leaving the Colony.
VII. It shall be lawful for the Governor to grant to any offender convicted of any crime a pardon subject to either of the following conditions, as the case may be: That such offender shall quit the Colony and not afterwards be found at large therein; or that such offender shall, in lieu of a sentence of death which may have been passed upon or recorded against him by any Court of competent jurisdiction, suffer such term of imprisonment, with or without hard labour, or penal servitude, as the Governor may think fit.
### Breach of conditional pardon.
VIII. If any offender to whom a pardon shall have been granted either before the passing of this Ordinance, or afterwards under the provisions of this Ordinance, on the condition of his quitting the Colony, be afterwards found at large therein without lawful authority or excuse, the proof whereof shall lie upon him, he shall be guilty of a felony or of a misdemeanor, according to the nature of the offence for which he shall have received such conditional pardon, and shall, on conviction thereof before the Supreme Court, be liable, in the discretion of the Court, to any sentence not exceeding the whole of his original or commuted sentence, such sentence to commence from the date at which he shall be tried and convicted under this Ordinance: Provided always that in all cases in which the prisoner when brought before a Magistrate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, and to remit him to gaol to undergo any sentence not exceeding the whole of his original or commuted sentence, instead of committing the prisoner for trial at the Supreme Court.
### Branding in what cases may be ordered by Governor.
IX. In all cases where any Chinese person convicted of any crime and actually undergoing sentence of imprisonment, may voluntarily petition the Governor to be released on condition that he shall be sufficiently marked or branded, to be thereby recognised subsequently, and shall also undertake to quit the Colony and not return thereto without permission from the Governor, it shall be lawful for the Governor to order any convict so petitioning as aforesaid to be marked and branded accordingly: Provided, nevertheless, that every such convict so petitioning, shall state in his petition his willingness to leave the Colony, and, if found therein subsequently without due permission, to be dealt with as the law directs.
### Governor in Council may deport prisoners.
X. In all cases when it seems expedient that any prisoner convicted of any crime, and actually undergoing sentence of imprisonment should be released and deported, it shall be lawful for the Governor in Council to order such prisoner to be deported.
### Branded convicts when liable to flogging on return to Colony.
XI. Every convict so deported as aforesaid, and nevertheless returning to the Colony, shall be liable, on conviction thereof before a Magistrate, to undergo the remainder of his original sentence, and also, if male, and if convicted subsequent to his return to the Colony of any felony or other crime which the Court sentencing such convict may consider to be so brutal, inveterate, or mischievous as to justify extraordinary measures, shall be liable to be once or twice publicly or privately flogged with the regulation instrument: Provided that not more than thirty-six lashes be inflicted on any one occasion.
### Regulations as to mode of branding to be framed by Governor in Council.
XII. Regulations defining the mode of branding under this Ordinance shall be framed by the Governor in Council, and may be altered and amended, from time to time, by the same authority.
### Prisoner may be deported again.
XIII. It shall be lawful for the Governor in Council, if he shall think fit, to issue a new order of deportation against any person who shall have been convicted of an offence against section VI of this Ordinance, and such order shall commence to take effect during or at the expiration of any term of imprisonment to which the prisoner shall have been sentenced.
### Prisoner returning after conditional pardon may be deported.
XIV. It shall be lawful for the Governor in Council, if he shall think fit, to issue an order of deportation against any person who shall have been convicted of an offence against sections VIII or XI of this Ordinance, and such order shall commence to take effect during or at expiration of any term of imprisonment to which the prisoner shall have been sentenced.
### Mendicancy forbidden.
XV. Any person convicted before a Magistrate of mendicancy in this Colony shall be liable to a fine not exceeding five dollars, or in default thereof, to imprisonment, with or without hard labour, not exceeding twenty-one days, or, in the discretion of the Magistrate, shall be liable to be whipped thirty-six strokes with a rattan, and be sent to his native place.
### Lepers to be sent to Chinese authorities.
XVI. All persons affected with leprosy are hereby prohibited from residing or being within the jurisdiction of this Colony, and all lepers natives of China found in the jurisdiction shall be apprehended, and, subject to the order of the officer for the time being in command of the Police, be liable to be forthwith sent to Canton, and there handed over to the Chinese authorities, and on being found within this Colony a second time, shall be liable to deportation by order of the Governor.
### Penalty on persons knowingly harbouring Chinese under sentence of deportation.
XVII. Any person who shall knowingly harbour or conceal, in the Colony of Hongkong, any person under sentence of deportation, shall, on conviction thereof before a Justice of the Peace, be liable to a fine not exceeding fifty dollars, or in default of payment, to be imprisoned, with or without hard labour, for any term not exceeding six months.
### Repeal.
XVIII. The following Ordinances and parts of Ordinances are hereby repealed:
Ordinance 14 of 1845, Section II, sub-section 17, the words "shall beg," &c., &c., up to "alms or." 9 of 1857, All sections not previously repealed. 8 of 1858, Sections XXI and XXII, and sub-section 9 of section XXVIII. 1 of 1860, The whole. 9 of 1867, Section XVII. 4 of 1871, The whole. 5 of 1871, The whole. 4 of 1872, The whole.but such repeal shall not revive any enactment repealed by any of the said Ordinances or sections of Ordinances, and shall not affect anything duly done before the passing of this Ordinance.
### Indemnity for past acts.
XIX. All acts done or attempted before the passing of this Ordinance, and which would have been lawful if so done or attempted after the passing thereof, are hereby authorised and made valid, and no man shall at any time hereafter be called in question for or in respect of the same.
### Suspending clause.
XX. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in the Colony by the Governor.
Passed the Legislative Council of Hongkong, this 11th day of December, 1876.
H. E. WODEHOUSE,
Clerk of Councils.
( 21 )
192