at night and suspected
apprehended.
ORDINANCE No. 4 OF 1865.
Offences against the Person.
Other Matters.
A Person loitering 61. Any Constable or Peace Officer may take into Custody, without a Warrant, of any Felony may be any Person whom he shall find lying or loitering or being in any Highway, Yard, or other Place during the Night, and whom he shall have reasonable Cause to suspect of having committed or being about to commit or intending to commit any Felony or Misdemeanor in this Ordinance mentioned and shall take such Person, as soon as rea- sonably may be, before a Police Magistrate, to be dealt with according to Law.
Punishment of Principals in the Se- cond Degrees and Accessories,
Hard Labour.
Solitary Confine-
ment.
In what Cases Fine and Sureties for keep-
awarded.
62. In the Case of every Felony, punishable under this Ordinance, every Principal in the Second Degree, and every Accessory before the Fact, shall be punishable in the same Manner as the Principal in the First Degree is by this Ordinance punishable; and every Accessory after the Fact to any Felony punishable under this Ordinance (except Murder) shall be liable to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and every Accessory after the Fact to Murder shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,- -or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and whosoever shall conceal, aid, or abet the Commission of any indictable Misdemeanor, punishable under this Ordinance, shall be liable to be proceeded against, indicted, and punished as a principal Offender.
63. Whenever Imprisonment, with or without Hard Labour, may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4 of 1863, Section XV.
64. Whenever Solitary Confinement may be awarded for any Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of any Imprisonment, or of any Imprisonment with Hard Labour, which the Court may award, not exceeding One Month at any One Time, and not ex- Ceeding Three Months in any One Year.
65. Whenever any Person shall be convicted of any indictable Misdemeanor, punish- ing the Peace to be able under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any Punishment by this Ordinance authorized, fine the Offender, and require him to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace and being of good Behaviour; and in Case of any Felony, punishable under this Ordinance, otherwise than with Death the Court may, if it shall think fit, require the Offender to enter into his own Recognizances and to find Sureties, both or either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized: Provided that no Person shall be imprisoned for not finding Sureties under this Section for any Period exceeding One Year.
No Summary Con- viction or Warrant to be quashed for want of Form.
Procedure in cases of Summary Convic- tion.
Commencement of
Ordinance.
66. No Summary Conviction under this Ordinance shall be quashed for Want of Form or be removed by Certiorari, and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.
67. Every Offence under this Ordinance made punishable on Summary Conviction by a Police Magistrate shall be prosecuted, tried and determined in all respects in the Manner directed by Ordinance No. 10 of 1844, and all Provisions contained in the said Ordinance shall be applicable to such Prosecutions in the same Manner as if they were incorporated in this Ordinance: Provided that nothing in this Ordinance contained shall, in any Manner otherwise than as respects the Punishment, alter or affect any Enactment now in Force relating to Procedure in the Case of any Offence punishable on Summary Conviction or the Recovery or Application of any Penalty or Forfeiture for any such Offence.
68. This Ordinance shall commence and take effect on the Fourteenth Day of June, in the Year One Thousand Eight Hundred and Sixty-Five.
Passed the Legislative Council of Hongkong, this 2nd Day of June, 1865.
L. D'ALMADA E CASTRO,
Clerk of Councils.
ORDINANCE No. 1 or 1870.
Preservation of Birds.
SIR RICHARD GRAVES MACDONNELL, Knight, C.B., Governor and Commander-in-Chief.
No. 1 of 1870.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Preservation of Birds.
22
Pa
Title.
[30th March, 1870.] Wincreased, and it is expedient to make Provision for their
THEREAS the Destruction of Birds has of late greatly Preamble. Preservation, and also for checking the frequent Discharge of Fire Arms in the Neighbourhood of Dwelling Houses to the Annoyance of the Inhabitants: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
I. The Term "Bird" shall for the Purposes of this Ordinance Definition of mean and include every Description of Wild Bird, except the Term "Bird" following:
1. Birds of Game within the Meaning of the Imperial Act
1 and 2, William IV, c. 39.
2. Woodcocks, Snipes, Quads. Landrails, Wild Ducks,
Teals, Widgeons, Sea Birds, and Birds of Prey.
3. Such other Description of Bird as may be from Time to Time excepted by Proclamation from the Operation of this Ordinance as hereinafter provided.
II. Any Person who shall kill, wound, or attempt to kill or Killing or wound, or take any Bird or use any Gun, Net or other Ins- Wounding,&c. trument whatever for the Purpose of killing, wounding, or taking de
Misdemeanor. the same, shall be guilty of a Misdemeanor, and on Conviction thereof before a Magistrate, shall be liable for the First Offence to a Fine not exceeding Ten Dollars and for a Second or any subsequent Offence, to a Fine not exceeding Twenty-five Dollars with or without Imprisonment not exceeding One Month.
III. Where any Person shall be found offending against this Persons offend- Ordinance it shall be lawful for any Person to require the Person ing may be so offending to give his Name, Surname and Place of Abode; and required to in Case the Person offending shall, after being so required, refuse tell their to give his real Name and Place of Abode, he shall be liable on Abodes. being convicted thereof before a Magistrate, to a Fine not exceeding Twenty-five Dollars in addition to any Punishment which may be inflicted under Section II.
Names and
IV. In all Proceedings before a Magistrate for an Offence under Burden of this Ordinance, the Burden of Proof as to any Bird being within Proof. the Exceptions contained in Section I, shall lie upon the Person accused.
V. It shall be lawful for the Governor in Council from Time to Power of Time by an Order to be proclaimed in the Gazette to except any Governor in Description of Bird not hereinbefore excepted and to exempt any Connell. Part of the Colony from the Operation of this Ordinance, and from Time to Time to vary or revoke such Order.
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