CO129-175 - Sir Kennedy - 1876 [9-12] — Page 441

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VIII. Whosoever shall be found within the Colony of Hongkong Being seen on on board any junk, vessel, or boat, equipped for the purposes of beard a pirati piracy, and who shall be unable to satisfy the Court that he was cal junk, &c., not on board such junk, vessel, or boat with his own consent or satisfy the with the knowledge that the same was equipped for the purposes Court as to of piracy, shall be guilty of felony, and being convicted thereof non-complici- shall be liable, at the discretion of the Court, to be imprisoned ty with or without hard labour for any term not exceeding three [See Ord. I of

1868, sec. 9.]

years.

with.

If after the coming into operation of this Onliuance, any person Juvenile shall be convicted of any offence punishable under this Ordi- offenders how nance whose age shall not in the opinion of the Court exceed the to be dealt 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 forth- with, as the case may be, to any Reformatory School established or to be 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 one year and not exceeding five years.

It shall be lawful for the said Court, in addition to any punish- meat other than capital punishment hereby imposed for any offence against this Ordinance, to order any male person whose age in the opinion of the Court shall exceed sixteen years, con- victed under this Ordinance, to be once, twice, or thrice privately or 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 person may 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.

Power to flog.

IX. Whenever sentence of death shall have been pronounced Commutation under this Ordinance upon any prisoner, and such sentence shall of capital be commuted by the Governor, it shall be lawful for the Go-punishment. vernor in Council to order that such prisoner be once, twice, or thrice publicly or privately flogged in the manner and subject to the conditions and restrictions prescribed and imposed with res-

pect to flogging under Ordinance No. 12 of 1865.

X. Ordinances No. 1 of 1868 and No. 6 of 1869 are hereby re- Repeal. pealed: but such repeal shall not revive any enactment repealed by any of the said Ordinances, and shall not affect anything

duly done before the passing of this Ordinance.

XI. All local laws, statutes, Ordinances and usages inconsistent Inconsistent with the provisions of this Ordinance, shall be and the same here- laws, &c., of by are declared to be of no force and effect whatsoever within the no force in Hongkong. Colony of Hongkong.

XII. This Ordinance shall take effect on a day to be hereafter Suspending

clause. proclaimed by the Governor.

Statement of Objects and Reasons.

This Ordinance by incorporating two sections of the Imperial Act 1 Vict. c. 88, which is already in force in this Colony, will render references to the law of piracy here more easy. Some twenty-five sections of Ordinance No. 1 of 1868, as well as an amending Ordinance No. 6 of 1869, are now repealed. The repealed sections referred to in the Ordinance of 1868 for consti- tuting a High Court of Piracy were never used, and are never likely to be used. Their omission now therefore tends to simpli- fication.

Section II. This is the 2nd section of the Imperial Act. Section III. This is the 3rd section of the Imperial Act amended by putting imprisonment not exceeding two years, instead of not exceeding three.

Section IV. This is same as in Ordinance No. 1 of 1868, only the transportation clause is left out, as being useless, and the minimum penal servitude is made three years instead of fourteen, so as to give a wider discretion to the Court.

Section V. This is same as section III of the Ordinance of 1888, with the transportation clause left out.

Section VI proposes to amend section V of the old Ordinance

by putting three years penal servitude for five, and leaving out the transportation clause.

Section VII proposes a similar amendment in section VI of the old Ordinance.

The other sections are simply re-enactments.

J. RUSSELL,

Acting Attorney General:

Hongkong, 6th November, 1876.

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