CO129-152 - Lieut Governor Whitfield - 1871 [9-10] — Page 23

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An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend the Laws relating to the Banishment of Persons dangerous to the Peace and good Order of the Colony.

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HEREAS it is expedient to amend the Laws relating to the Bunishment of Persons dangerous to the Peace and good Order of the Colony: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Tlila

Preamble,

I. The following Euactinents are hereby repealed, that is to Repealing

May:

Sections II and III of Ordinance No. 12 of 1845.

Sections VI and VII of Ordinance No. 9 of 1857.

Section XXI of Ordinance No. 8 of 1858.

So much of Sub-Section (9) of Section XXVIII of Ordi-

nance No. 8 of 1858, as provides for the Deportation of Mendicants.

Section XVII of Ordinance No. 9 of 1807.

Clause.

II. Every Chinese Person who shall have been Three Times Habitaal convicted of any Crime or Offence, whether such Convictions or Criminale und

any or either of them respectively shall have taken place before Offenders.

the Supreme Court or before a Magistrate, and whether before or

after the Passing of this Ordinance, shall be deemed an Habitual Criminal or Offender.

III. The following Persons shall be deemed to be "dangerous certain to the Peace and good Order of the Colony" within the Meaning Persons to be of this Ordinance:

1. Habitud Criminals and incorrigible Offenders.

deemed

dangereux to

the Peace and

2. Persons alicted with Leprosy or exhibiting or exposing good Order of

any Deformity, Sore or other Infiernity, and who shall the Colony. in the Opinion of a Magistrate have repaired to this Colony for the Purpose of Mendicancy in the Public Streets and Places.

3. Persons who in the Opinion of a Magistrate shall come within the Provisions and Intent of Ordinances No. 1 and No. 12 of 1845, or shall be guilty of stirring ap or of attempting to stir ap among the Chinese Population, any Riot, or Disturbance, or Disaffection towards the constituted Authority and Government of the Colony; PROVIDED ALWAYS that nothing in this Section contained shall be deemed to fetter or limit the Powers and Discretion of any Ma- gistrate or of the Governor in Council as to the Application of this Ordinance to any Chinese Person who shall in their Opinion be a Person dangerous to the Peace and good Order of the Colony,

in any other respect than is hereinbefore specified.

IV. It shall be lawful for a Magistrate to summon before him, Power ta nay Chinese Person whom he shall have reasonable Cause to summon or believe or suspect to be a Person dangerous to the Peace and wrest aus good Order of the Colony or, if he shall think fit, to issue a pouted Perom. Warrant for the Apprehension of such Person.

V. Whenever any Chinese Person shall be brought before Procedure

a Magistrate upon any such Summons or under such Warrant as before

in the last preceding Section mentioned, or whenever a Magistrate Magistrate.

in the Course of any Investigation before bite shall have reason- able Cause to believe or suspect that any Chinese then present in Court is a Person dangerous to the Peace and good Order of the Colony, it shall be lawful for the Magistrate, if he shall think fit, to detaiu such Person in Custody and to call upon him to show Cause why he should not be committed to Gaol, there to await the Order of the Governor as to his Banishment under the Provi- sious of this Ordinance.

VI. If the Accused shall fail to show Cause to the Satisfaction Committal of the Magistrate why he should not be committed, and if the and Transmis Magistrate shall be of Opiniou that the Accused is a Person dan sion of gerous to the Peace and good Order of the Colony, he shall Depositions. commit him to Gnol. there to await the Order of the Governor in Conncil, and shall forthwith transmit to the Colonial Secretary the Depositions taken in the Case: Provided always that it shall be bail. lawful for the Magistrate, if he shall in his Discretion think fit, to admit the Prisoner to Bail, pending the Decision of the Governor in Council.

VIL. It shall be lawful for the Governor in Council thereupon Governor in to examine into the Case and, if he shall think 6it, to take further Council may Evidence, and at the Close of such Examination, either to order issue an Onler

of Discharge the Discharge of the Prisnner from Custody, or if it shall appear or an Grier of to him that the Prisoner is a Person dangerous to the Peace and Panishment.

good Order of the Colony, to issue an Order of Banishment direct-

ing the Prisoner to leave the Colony within a Time to be named

in such Order and to remain away either for a Term of Years or

for Life.

VITI. It shall be lawful for the Governor in Council, if he shall Conditional think fit, in lien of the absolute Order of Banishment in the last Order of preceding Section raentioned, to issue an Order of Banishment Banishment. Conditional upon the Failure of the Prisoner, within Ten Days or such further Period as the Governor may allow, to give Security of such Nature and Amount and in such Form as may be specified

in the Order, for his Appearance before a Magistrate at any Time

within Twelve Calendar Months.

IX. Inmediately after the Service of any Order of Banishment Discharge of upon the Prisoner, he shall be discharged from Custody.

Prisoner from Custody.

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