Governor?
grant pardon subject to conditions of offenders leaving the Colony.
Sen Ord. of 1880, Rec. 1.1
Grant of conditional pardon
Prisoner may be banished Igela.
Free Ord, 4 of 1871. EU, 4.]
Prisoner -
returning after conditional pardon banishment may be banished.
Kapal.
place
VI. The Governor may in his discretion grant to any offender convicted of any crime a pardon subject to either of the following conditions, as the case may be, viz.: 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.
VII. If any offender to whom a pardon has been granted either before or after the passing 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 received such conditional pardon, and shall, on conviction, be liable to any sentence not exceeding the whole of his original or commuted sentence, such sentence to commence from the date at which he is tried and convicted under this Ordinance: 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, and to remit him to gaol to undergo any sentence not exceeding the whole of his original or commuted sentence, instead of committing him for trial at the Supreme Court.
VIII. If it appears fit to the Governor in Council, the Governor in Council may issue a new order of banishment against any person who has been convicted of an offence against section 5 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 has been sentenced.
IX. If it appears fit to the Governor in Council, the Governor in Council may issue an order of banishment against any person who has been convicted of an offence against section 7 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 has been sentenced.
X. Any person who knowingly harbours or conceals in the Colony of Hongkong, any person whose banishment has been ordered, shall, on conviction thereof before a Magistrate, 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.
XI. The following enactments are hereby repealed, viz.:-
Ordinance 14 of 1845,--Section 2, sub-section 17, from the words "shall beg," to the words "alms or," inclusive.
9 of 1867,—All sections not previously repealed.
8 of 1858,-Section 21 and section 28, sub-section 9, from the words "and be deported" to "shall decide."
1 of 1860,--The whole.
9 of 1867.-Section 17.
16 of 1870,
4 of 1871, The whole,
5 of 1871,
Provided that such repeal shall not affect the past operation of any such enactment or anything done or suffered thereunder.
XII. This Ordinance shall not come into operation until Her Majesty's confirmation thereof is proclaimed by the Governor.
Passed the Legislative Council of Hongkong, this 23rd day of August, 1881.
Report
132
C.O.
20391
Ordinance the 12. XC3%.
REGE 21 NOV 81.
I have examined the accompanying Ordinance entitled the "Banishment and Conditional Pardons Ordinance, 1881"
and am of opinion that it is not contrary to the Governor's instructions.
The object of this ordinance is to re-enact that part of the repealed Ordinance 8 of 1876 which relates to banishment with amendments to give effect to the instructions conveyed in the Secretary of State's Despatch of July 30, 1880, and in Lord Carnarvon's despatch of May 18, 1877.
The principal amendments are the words "banishment" has been substituted for "deportation."
2. the omission of the provision authorizing branding.
Arathoon Seth
Acting Clerk of Councils.