CO129-162 - Sir Kennedy - 1873 [1-3] — Page 119

VII. Whenever any Person shall be convicted before the Supreme Finishraeut Court of any Offence against the Provisions of this Ordinance, if of Whipping it shall be proved that the Offender has been previously convicted on second and either before the Supreme Court or before two Magistrates sitting Convictions.

subsequent together, of an Offence under the same or any other Section of this Ordinance, it shall be lawful for the Court, in its Discretion, to direct that, in addition to the Punishment berciubefore prescribed, the Offender, if a Male, he once, twice, or thrice publicly or privately whipped subject to the Provisions contained in Section I of Ordinance No. 3 of 1868; and all the Provisions of Section XCIV Form of of Ordinance No. 7 of 1865 relating to the Form of Information for Information #subsequent Offence and Proceedings thereon, shall apply to and Proceud- Offences punishable under this Ordinance,

ings.

VIII. This Ordinance shall not come into Operation antil Her Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.

Statement of Objects and Reasons.

The Provisions of this Ordinance are intended to repress certain offences and abuses which there is reason to believe are of frequent occurrence among the lower classes of the Chinese Population of this Colony, viz., the buying and selling of women and girls and their forcible or fraudulent abduction or detention for the purposes of prostitution. Also the decoying away under false pretences, or the abduction by force or intimidation, of persons for the purposes of Chinese Emigration. All the offences defined by this Ordinance, are in a great measure ejusdem generis, and are made punishable alike by imprisonment with or without hard labor for a period not exceeding two years; and power is given to the Supreme Court, whenever previous convictions are proved, to direct the offender, if a male, to be whipped under the Provisions of Ordinance No. 3 of 1868. It is proposed that this Ordinance should not come into force until Her Majesty's confirmation of it has been received, and therefore the usual Suspending Clause to that effect has been insertral,

JULIAN PAUNCEFOTE, Attorney General.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to abolish Minimum Punishinents on Summary Convictions before Magistrates.

Tille.

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1873.)

THEREAS by various Ordinances of the Colony a Minimum Preamble. W

as well as a Maximum Amount of Fine or Term of Im- prisonment is prescribed by Way of Punishment for certain Offences triable summarily before the Magistrates; and whereas it is expedient to confer upon the Magistrates the Power of awarding, in their Discretion, à lesser, and in certain Cases, a nominal Punishment for such Offences: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:---

Whenever any Person shall be convicted upon a Summary Trial Minimum before a Magistrate, of an Offence against the Provisions of Ordinance or Law now in Force in the Colony whereby a Minimum

Punishments any

on Summary Amount of Fine or Term of Imprisonment is prescribed by Way abolished.

Convictions of Punishment for such Offence, it shall be lawful for the Ma- gistrate, if he shall in his Discretion think fit, to award a lesser Amount of Fine or Term of Imprisonment than that prescribed by Way of Minimum Punishment as aforesaid, or to award, in certain Cases, a merely nominal Punishment, anything in such Ordinance or Law contained to the contrary notwithstanding.

Statement of Objects and Reasons,

By this Ordinance it is proposed to abolish generally all enact- ments providing Minimum Punishments for offences triable summarily before Magistrates. In cases of a first offence, or where there are mitigating circumstances, it is very desirable to leave the amount of punishment (below the maximum limit) to the entire discretion of the Magistrate. Examples of the Itestric- tion which it is intended to abolish may be found in the "Victoria Registration Ordinance," the "Harbor and Coasts Ordinance,' and others; there have been instances in which Magistrates have been reluctantly compelled either to dismiss the case without any pauishment at all, or to inflict a graver punishment than the circumstances of the case seemed to justify. This Ordinance, therefore, will give greater latitude to the Magistrates, and is intended as a just measure of relief.

JULIAN PAUNCEFOTE,

Attorney General.

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XIV. If the Owner fail to establish to the Satisfaction of the Condemnation Court that the Ship was not and is not being built, altered, re- of Ship. paired or equipped, or intended to be despatched contrary to this Ordinance, the Court shall declare the Ship to be forfeited to Her Majesty: Provided always, that the Governor may notwithstanding snch Forfeiture, if he shall think fit, order the Release and Rosto- ration of the Ship under Section VII.

XV. If the Court be of Opinion that there was not reasouable Indenuity, and probable Cause for the Detention, and if no such Cause appear in the Course of the Proceedings, the Court shall have Power to declare that the Owner is to be indemnified by the Pay- ment of Costs and Damages in respect of the Detention, the Amount thereof to be assessed by the Court, and any Amount so assessed shall be payable by the Treasury out of the General Revenues of the Colony.

XVI. Every Ship forfeited to Her Majesty for Breach of the sale of forfeited Provisions of this Ordinance may be sold by Public or Private Ship. Contract, and may be transferred to the Purchaser by Bill of Sale nuder the Hand of the Governor, and the Seal of the Colony, and such Bill of Sale shall confer upon the Purchaser, his Exe- cutors, Administrators and Assigns, an indefensible Title to such Ship.

XVII. In Case any Ship which shall have cleared out from ship entering any Port or Place ont of the Colony, carrying Chinese Emigrants Colonial shall come within the Waters of the Colony under Stress of Weather Waters with or from any other Cause, or for any Purpose, it shall be lawful for Chinese the Governor, by Warrant under his Hand and the Seal of the Colony, to order such Ship to be seized and detained until further Order.

XVIII. The Costs of all Proceedings for the Condemnation or Release of a Ship, shall be in the Discretion of the Court.

Emigrants.

Costs.

XIX. Subject to the Provisions of this Ordinance providing for Indemnity to the Award of Damages in certain Cases in respect of the Seizure Officers.

or Detention of a Ship by the Court, no Damages shall be pay-

able, and no Officer shall be responsible, either civilly or crimi-

nally, in respect of the Seizure or Detention of any Ship in pursuance of this Ordinance.

XX. This Ordinance shall not come into Operation until Her Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.

The

(SCHEDULE.)

187

ן,

IN THE SUPREME COURT OF HONGKONG,

Day of

In ro The " Take Notice that under and in pursuance of "The Chinese Emigration Ordinance, 1873," you are hereby cited to appear before the Supreme Court

the

Day of

to show Canse why the above-named Ship and her Equipment should not be forfeited to Her Majesty for Breach of the Provisions of the said Ordinance.

on

To the Owners of

the Ship"--........!?

A

116