CO129-114 - MacDonnell - 1866 [7-8] — Page 204

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Offences cognizable by High Court.

Piracy.

THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1866.

Piracy with Violence.

Piracy with Murder.

Setting forth, Aiding and Assisting, &c., Pirates, where Piracy committed.

of Summary Jurisdiction, who shall be called the Official Members of the said Court, and of two other Persons to be appointed by His Excellency the Governor who shall be called the Unofficial Members of the said Court.

VII. The following are the Offences cognizable by "The High Court for the Suppression of Piracy," and the Punishments attached thereto, and to which it is competent for the said Court to sentence any Person on Conviction, are in each case prescribed after the statement of the Offence; and every Person convicted of any such Offence shall be guilty of Felony,

Setting forth, Aiding and Assisting, &c. Pirates, where Piracy with Violence or Piracy with Murder committed,

Trading, &c. with Pirates.

Receiving, &c. Pirates after Piracy or taking Ship, Goods, &e., piratically stolen

with Knowledge.

(1.) If any Person shall have committed an Act of Piracy, and shall be brought or found within the Colony of Hongkong he shall be liable, at the Discretion of the Court, to be kept in Penal Servitude in the Colony for any Term not exceeding Ten Years, and not less than Five Years, or to be Transported from the Colony for any Term not exceeding Ten Years, and not less than Five Years, or to be Im- prisoned with or without Hard Labor for any term not exceeding Three, and not less than One Year.

(2.) If any Person shall have committed an Act of l'iracy with Violence and shall be brought or found within the Colony of Hongkong he shall be liable, at the Discretion of the Court, to be kept in Penal Servitude in the Colony for Life or for any Term not less than Fourteen Years, or to be transported from the Colony for Life or for any Term not less than Fourteen Years.

(3.) If any Person shall have committed an Act of Piracy with Murder, and shall be brought or found within the Colony of Hongkong he shall suffer Death.

(4.) If any Person shall within Twenty-four Calendar Months either on the land or on the sea kuowingly have set forth any Pirate or aided, assisted, maintained, procured, commanded, counselled, or advised any Person whatsoever to do or commit any Piracy, every such Person shall, if brought or found within the Colony of Hongkong, be liable, at the Discretion of the Court, to be kept in Penal Servitude in the Colony for any Term not exceeding Fifteen Years and not less than Five Years, or to be transported from the Colony for any Terin not exceeding Fifteen Years and not less than Five Years.

(5.) If any Person shall within Twenty-four Calendar Months have either on the land or on the sea knowingly set forth any Pirate, or aided, assisted, maintained, procured, commanded, counselled, or advised any Person whatsoever to do or commit any Piracy with Violence or Piracy with Murder and in consequence of such setting forth, aid, assistance, maintenance, procurement, command, counsel, or advice, a Piracy with Violence or a Piracy with Murder has been committed such first mentioned Person shall, if brought or found within the Colony of Hongkong, be liable, at the Discretion of the Court, to be kept in Penal Servitude in the Colony for Life or for any Term not less than Fourteen Years, or to be transported from the Colony for Life or for any Term not exceeding Fourteen Years or to be Imprisoned for Term not exceeding Two Years with or without Hard Labor.

any

(6.) If any Person shall within Twenty-four Calendar Months have traded with any Pirate, knowing him to be guilty of Piracy, or to be fitted out with the intention of committing Piracy, or who with the like knowledge shall within the said limits have furnished any Pirate with Arms, Ammunition, Provisions, or Stores of any kind or shall within the said limits fit out any Junk, Vessel, or Boat knowingly and with a Design to trade with, supply, or correspond with any Pirate. or if any Person shall within the limits aforesaid in any way have consulted, combined, confederated, or corresponded with any Pirate knowing him to be guilty. of Piracy such first mentioned Person shall, if found within the Colony of Hongkong, be liable, at the Discretion of the Court, to be kept in Penal Servitude in the Colony for any Term not exceeding Ten Years and not less than Five Years or to be

than Five Years.

Transported from the Colony for any Terni not exceeding Ten Years and not less

THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1866. and not less than Five Years or to be transported from the Colony for any Term not exceeding Ten Years and not less than Five Years.

board & Junk, &C1g

unable to satisfy the

complicity,

(8.) If any Person shall have been brought or found within the Colony Being seen within of Hongkong who shall have been seen within Twenty-one Days after the Twenty-one Days on commission of an Act of Piracy on board a Junk, Vessel, or Boat, which Junk, proved to have taken Vessel, or Boat shall be proved to have taken part in such Act of Piracy and who are racy whe shall be unable to satisfy the Court that he was not on board such Junk, Vessel, Court as to non- or Boat, at the time of the commission of such Act of Piracy or, if on board at" such time that he was not on board with his own consent or with the knowledge that an Act of Piracy was about to be committed, such Person shall be liable, at the Discretion of the Court, to be kept in l'enal Servitude in the Colony for any Term not exceeding Ten Years and not less than Five Years or to be Transported from the Colony for any Term not exceeding Ten Years and not less than Five Years or to be Imprisoned for any Term not exceeding Two Years with or without Hard Labor.

board a Junk, &c.,

Violence or Piracy

unable to satisfy the

(9.) If any Person shall have been brought or found within the Colony of Being seen within Hongkong who shall have been seen within Twenty-one Days after the Com-Twenty-one Days on mission of an Act of Piracy with Violence or Piracy with Murder on board a proved to have taken Junk, Vessel, or Boat, which shall be proved to have taken part in such Act of Piracy with Piracy with Violence or

Piracy with Murder, and who shall be unable to satisfy with Murder and the Court that he was not on board such Junk, Vessel, or Boat at the Time of Court as to non- the Commission of such Act of Piracy with Violence or Piracy with Murder, or if complicity. on board at such Time that he was not on board with his own consent or with the knowledge that an Act of Piracy with Violence or Piracy with Murder was about to be committed, such Person shall be liable, at the Discretion of the Court, to be kept in Penal Servitude in the Colony for Life, or for any Term not less than Fourteen Years or to be Transported from the Colony for Life, or for any Term not less than Fourteen Years.

and unable to satisfy

(10.) If any Person shall be brought or found within the Colony of Hongkong Being seen on board a who shall within Twenty-one Days previously have been seen on board any Junk, Piratieal Juok, &c., Vessel, or Boat, equipped for the Purposes of Piracy, and who shall be unable to the Court as to non- satisfy the Court that he was not on board such Junk, Vessel, or Boat with his complicity. own consent or with the knowledge that the same was equipped for the Purposes of Piracy, such Person shall be liable, at the Discretion of the Court, to be Imprisoned for any Term not exceeding Three Years: Provided always that if Juvenile Offenders after the coming into Operation of this Ordinance, any Person shall be convicted how to be dealt with. of any Offence punishable hereunder whose Age shall not in the Opinion of the Court exceed the Age of Sixteen Years, then and in every such Case it shall be lawful for the Court in addition to or in lieu of the Sentence passed or omitted to be passed for his Offence to direct such Offender to be sent at the Expiration of such Sentence, or forthwith, as the Case may be, to any Reformatory School established in this Colony (if the Directors or Managers thereof shall be willing to receive such Offender) and to be there detained for a Period not less than Öne Year and not exceeding Five Years: Provided also that it shall be lawful for the said Court in addition to any punishment hereby imposed for any Offence this Ordinance, to order any Male Party

against or Parties whose age in the opinion of the Court shall exceed Sixteen Years convicted under this Ordinance, to be once, twice, or thrice publicly flogged in the manner and subject to the conditions and restrictions prescribed and imposed with respect to flogging under Ordinance No. 12 of 1865; and before being discharged from Custody such Parties shall be marked with some indelible mark in such manner and in such part of the body as the Governor in Council may from time to time direct.

VIII. The Official Members of the said Court shall take Precedence of the Unofficial Precedence. Members, and the Official Members shall, when sitting in Court take Precedence between themselves according to the Order in which their respective Offices are

their respective Appointments.

(7.) If any Person knowing that an Act of Piracy has been committed stallerated in the last Section, and the Unofficial Members according to the Priority within Twenty-four Calendar Months upon the land or upon the sea have received entertained, or concealed any Pirate or have received within the limits aforesaid or taken into his Custody any Junk, Vessel, Boat, Goods or Chattels which shall have been by such Pirate feloniously taken, such first mentioned l'erson shall, if found

IX. The Court shall not be competent to try any Case unless Three Members Quorum. the least of such Court shall be present at the Sitting of such Court, and of these or brought within the Colony of Hongkong, be liable, at the Discretion of the Court.hree Members, One, at the least, shall be the Chief Justice or the Judge of the Court

Summary Jurisdiction, and One at the least shall be a Naval Officer.

to be kept in Penal Servitude in the Colony for any Term not exceeding Ten Years.