CO129-175 - Sir Kennedy - 1876 [9-12] — Page 442

wedam nobatas -

o golarium m

An Ordinance enacted by the Governor of Hongkong, Title.

with the advice of the Legislative Council thereof, to amend the Law relating to Piracy.

THEREAS it is expedient to revise and amend the Ordi- Preamble.

nances relating to Piracy: Be it enacted by the Governor

W

of Hongkong, with the advice of the Legislative Council thereof,

as follows:-

I. This Ordinance may be cited as the "Piracy Ordinance, Short title.

1876."

II. Whosoever with intent to commit or at the time of or im- Punishment of mediately before or immediately after committing the crime of piracy when

murder is

piracy, in respect of any ship or vessel, shall assault with intent attempted. to murder any person being on board of or belonging to such (See i Vic. c. ship or vessel, or shall stab, cut, or wound any such person, or 88 sec. 2.] unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

III. Whosoever shall commit any piracy, shall be guilty of Pavishment of felony, and being convicted thereof shall be liable, at the discre- piracy.

{See 1 Vic. c. tion of the Court, to be kept in penul servitude for life or for any 38, sec. 3.] term not less than three years, or to be imprisoned for any term not exceeding two years with or without hard labour.

aiding and

IV. Whosoever shall have knowingly set forth any pirate, or Setting forth, aided, assisted, maintained, procured, commanded, counselled, or assisting, &c.. advised any person whatsoever to do or commit any piracy and

pirates, where in consequence of such setting forth, aid, assistance, maintenance, piracy with procurement, command, counsel, or advice, a piracy with murder violence or has been committed, shall be guilty of felony, and being convicted pirney with thereof shall suffer death, or be liable, at the discretion of the murder com- Court, to be kept in penal servitude for life or for any term not Sa Ord. 7 of less than three years, or to be imprisoned for any term not 1868, sec. 4.] exceeding two years with or without hard labour.

mirted.

V. Whosoever shall knowingly have set forth any pirate, or Setting forth, aided, assisted, maintained, procured, commanded, counselled, or aiding and advised any person whatsoever to do or commit any piracy, shall assisting, &e., pirates where he guilty of felony and being convicted thereof shall be liable, piracy com- at the discretion of the Court, to be kept in penal servitude for mitted. any term not exceeding fifteen years and not less than three [Ibid, sec. 3.} years, or to be imprisoned for any term not exceeding two years with or without hard labour.

VI. Whosoever shall have traded with any pirate, knowing Trading, &c., him to be guilty of piracy, or to be fitted out with the intention with pirates.

[[Ibid, sec. 5,] of committing piracy, or who, with the like knowledge, shall have furnished any pirate with arms, ammunition, provisions, or stores of any kind, or shail 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 in any way have consulted, com- bined, confederated, or corresponded with any pirate, knowing him to be guilty of piracy, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned with or without hard labour for any term not exceeding two years.

without lawful

VII. Whosoever shall have knowingly received, entertained, Receiving, &c. or concealed any person guilty of an act of piracy, or taken into his custody without lawful authority or excuse, the proof whereof authority or

excuse, pirater shall lie on the party accused, any junk, vessel, boat, goods, or after piracy, or chattels, which shall have been by such pirate feloniously taken, taking ship, shall be guilty of felony, and being convicted thereof shall be goods, &c.,

piratically liable, at the discretion of the Court, to be kept in penal servi- stolen with tude for any term not exceeding ten years and not less than three knowledge. years, or to be imprisoned with or without hard labour for any (Ibid, sec. 6.] period not exceeding two years: Provided that the expression (See also Ord,

of 180).] "received or taken into his custody" shall be satisfied by proof that the goods and chattels alleged to have been received and taken into custody were found in any house or premises, or on board any junk, vessel, or boat within which the person charged shall be found and of which said goods and chattels be shall be unable to give a satisfactory account.

1076-H & 5 2454)

436

!