C.O.
20.39
RECR
ACGP 21 NOV 81
131
General, a copy of which is enclosed,
will explain
the
objects
and reasons
for the passing of the Ordinance.
I have the honour to be,
My Lord;
Your Lordship's Most Obedient
Humble Servant,
E. B. Governor and Commander-in-Chief
Administrator.
No. 12 of 1881.
An Ordinance enacted by the Governor of Hong-kong, with the advice of the Legislative Council thereof, entitled the "Banishment and Conditional Pardons Ordinance, 1881."
[23rd August, 1881.]
ENACTED by the Governor of Hongkong, with the advice of the Legislative Council thereof.
I. In the construction of this Ordinance, the expression "order of banishment" means an order of the Governor in Council, prohibiting a person from residing or being within this Colony, for a term not exceeding five years.
II. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or without warrant, any person whom he reasonably suspects 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 safely keep him until he can be dealt with according to law.
III. Any Magistrate 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 banishment under section 4 of this Ordinance.
IV. The Governor in Council may, by order, prohibit any person not being a natural born or naturalized 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, fix the time for the departure of such person from the Colony.
V. Every person who has 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, is 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 banishment, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment, with or without hard labour, for any period not exceeding one year: Provided 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.
Title.
Interpretation
Power to arrest and keep emissaries or abettors of
Security to appear within twelve months.
Power to banish for five years.
Penalty for disobedience to or violation of order of banishment.
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