1430 ORDINANCE No. 8 of 1876 .
Deportation and Conditional Pardons.
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 7. It shall be lawful for the Governor to grant to any offender convicted of any
grant pardon
subject to condi crime a pardon subject to either of the following conditions, as the case may be : That
tions of offenders
leaving the such offender shall quit the Colony and not afterwards be found at large therein ; or
Colony.
(See Ord. 1 of
1860 , sec. 1.] 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 8. If any offender to whom a pardon shall have been granted either before the
conditional
pardon. passing of this Ordinance, or afterwards under the provisions of this Ordinance, on the
[See Ord. 5 of
1871 , sec. 2.] condition of his quitting the Colony, be afterwards found at large therein without law
ful 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 sum
marily 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.
Brandingin what 9. In all cases where any Chinese person convicted of any crime and actually
cases may be
ordered by undergoing sentence of imprisonment, may voluntarily petition the Governor to be
Governor.
[See Ord. 4 of released on condition that he shall be sufficiently marked or branded, to be thereby
1872, sec. 1.]
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
bis willingness to leave the Colony, and, if found therein subsequently without due
permission, to be dealt with as the law may direct.
Governor in 10. In all cases when it seems expedient that any prisoner convicted of any crime,
Council may
deport prisoners. 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.