ORDINANCE No. 12 OF 1881 . 1593
Banishment and Conditional Pardons.
5. Every person who has been prohibited by order of the Governor in Council Penalty for
disobedience to
or violation of
from residing or being within this Colony for any space of time not exceeding five order of banish
ment.
years under the provisions of this or any other Ordinance, and who without lawful [See Ord. 4 of
1871, sec. 3.]
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, withor 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 .
6. The Governor may in his discretion grant to any offender convicted of any Governor may
grant pardon
-
crime a pardon subject to either of the following conditions, as the case may be, viz.: subject to
conditions of
offenders leaving
That such offender shall quit the Colony and not afterwards be found at large therein ; the ny.
[See Ord, 1 of
or that such offender shall , in lieu of a sentence of death which may have been passed 1860, sec. 1. ]
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
7. If any offender to whom a pardon has been granted either before or after the conditional
pardon.
passing of this Ordinance, on the condition of his quitting the Colony, be afterwards
found at large therein without lawful anthority 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.
8. If it appears fit to the Governor in Council, the Governor in Council may issue Prisoner may be
banished again.
[See Ord. 4 of
a new order of banishment against any person who has been convicted of an offence 1871 , sec. 4.]
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 sen
tenced.
9. If it appears fit to the Governor in Council, the Governor in Council may issue Prisoner return
ing after
conditional
an order of banishment against any person who has been convicted of an offence against pardon and
banishment may
section 7 of this Ordinance, and such order shall commence to take effect during or at be again
banished.
the expiration of any term of imprisonment to which the prisoner has been sentenced.
10. 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