CO129-193 - Governor Hennessy - 1881 [5-7] — Page 194

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191

Title.

Preamble.

Short title.

Interpretation clause.

CONSOLIDATION ORDINANCE, 1876, DEPORTATION, BRANDING AND PUNISHMENT.

[See Ord. 4 of 1871,

Bec. 1.]

Power to arrest and

keep suspected

smissaries or abettors

of enemies.

[See Ord. 9 of 1857,

sce, 6.]

Security to appear

within twelve

months.

SIR ARTHUR EDWARD KENNEDY, K.C.M.G., & C.B., Governor and Commander-in-Chief.

No. 8 or 1876.

An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to consolidate and amend the Ordinances relating to Deportation, Conditional Pardons, the Branding and Punishment of certain Criminals, and the Ordinance No. 9 of 1857, entitled "An amended Ordinance for better securing the Peace of the Colony.'

[11th December, 1876.]

WHEREAS it is expatient to consolidate and meet rent in menta now in force in this colour in

reference to deportation, conditional pardons, the branding and punishment of certain criminals, and Ordinance No. 9 of 1857 entitled "An amended Ordinance for better securing the peace of the Colony," Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited for all purposes as "The Deportation and Conditional Pardons Consolidation Ordinance, 1876."

II. In the construction of this Ordinance, the expression "order of deportation" shall mean an order of the Governor in Council, prohibiting a person from residing or being within this Colony, for a term not exceeding five years.

III. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or without warrant, any person whom he shall reasonably suspect to be an emissary or abettor of Her Majesty's enemies, or of pirates, or of Chinese disaffected to Her Majesty's Government, or otherwise dangerous to the peace and good order of this Colony, and hit safely keep until he can be dealt with according to law.

IV. Any Magistrate, or Justice of the Peace may cause any Chinese person to find reasonable security for his appearance in any Court for any purpose, and at any time within twelve months, al [Ser Ord. 8 of 1858, every adjudication to that effect shall be made in open Court, and reported forthwith to the Governor ; and such Chinese not finding such security shall be deemed a person dangerous to the peace of the Colony. and be liable to déportation under section V of this Ordinance.

Bec, 21.]

Power to deport for five years.

V. The Governor in Council may, by order under his hand, prohibit any person not being a natural born or naturalised subject of Her Majesty from residing or being within this Colony during any space [See Ord. 9 of 1857, of the not exceeding five years, and may by the same or any subsequent order under his hand, fix the sec. 7, and Ord. 1 of 1871, sec. 2.]

tine for the departure of such person from the Colony.

Penalty for disobe-

[See Ord. 4 of 1871,

sec. 3.}

VI. Every person who either before or after the passing of this Ordinance shall have been prohibited dience to or violation by order of the Governor in Council from residing or being within this Colony for any space of time not of order of

exceeding five years under the provisions of this or any other Ordinance, and who without lawful authority deportation.

or excuse, the proof of which shall lie upon him, shall be in this Colony after the date of such order, or after the time fixed for his departure, and before the expiration of the term of his deportation, shall be guilty of a misdemeanor, and upon conviction theroof before the Supreme Court, shall be liable to imprisonment, with or without hard labour, for any period not exceeding one year: Provided always that in all cases in which the prisoner when brought before a Magistrate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the ease, instead of committing the prisoner for trial at the Supreme Court.

Governor may grant pardon subject to conditions of

offenders leaving the

Colony, [See Ord. 1 of 1860, sec. 1.]

Breach of conditional pardon.

VII. It shall be lawful for the Governor to grant to any offender convicted of any crime a pardou subject to either of the following conditions, as the case may be: That such offender shall quit the Colony and not afterwards be found at large thereiu; or that such offender shall, in lieu of a sentence of death which may have been passed upon or recorded against him by any Court of competent jurisdiction. suffer such term of imprisonment, with or without hurd labour, or peual servitude, as the Governor may

think fit.

VIII. If any offender to whom a pardon shall have been granted either before the passing of this Ordinance, or afterwards under the provisions of this Ordinance, on the condition of his quitting the Sev Ord. 5 of 1871, Colony, be afterwards found as large therein without lawful authority or excase, the proof whereof shall sec, 2.]

He upon him, he shall be guilty of a felony or of a misdemeanor, according to the nature of the offence for which he shall have received such conditioual pardon, and shall, on conviction thereof before the Supreme Court, be liable, in the discretion of the Court, to any sentence not exceeding the whole of his origina! or commuted sentence, such sentence to commence from the date at which he shall be tried and convicted under this Ordinance: Provided always that in all cases in which the prisoner when brought before a Magistrate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, and to remit bim to gaol to undergo any sentence not exceeding the whole of his original or commuted sentence, instead of committing the prisoner for trial at the Supreme Court.

by Governor.

IX. In all cases where any Chinese person convicted of any crime and actually nudergoing sentence Branding in what of imprisonment, may voluntarily petition the Governor to be released on condition that he shall be cases may be ordered sufficiently marked or branded, to be thereby recognised subsequently, and shall also undertake to quite Ort, 4 of 1872, the Colony and not return thereto without permission from the Governor, it shall be lawful for the sec. 1.] Governor to order any convict so petitioning as aforesaid to be marked and branded accordingly : Provided, nevertheless, that every such convict so petitioning, shall state in his petition his willingness to leave the Colony, and, if found therein subsequently without due permission, to be dealt with as the law

direct,

:

X. In all cases when it seems expedient that any prisoner convicted of any crime, and actually Governor in Counci undergoing sentence of imprisonment should be released and deported, it shall be lawful for the Governor may deport

prisoners. in Council to order such prisoner to be deported.

A

XI. Every convict so deported as aforesaid, and nevertheless returning to the Colony, shall be liable, Branded convicts

when liable to on conviction thereof before a Magistrate, to undergo the remainder of his original sentence, and also, if

fogging on return male, and if convicted subsequent to his return to the Colony of any felony or other crime which the Court to Colony. sentencing such convict may consider to be so brutal, inveterate, or mischievous as to justify extraordinary [se Ord. of 1872, measures, shall be liable to be once or twice publicly or privately flogged with the regulation instrument: see. 2.] Provided that not more than thirty-six lashes be inflicted on any one occasion.

1

XII. Regulations defining the mode of branding under this Ordinance shall be framed by the Gov- Regulations as to ernor in Council, and may be altered and amended, from time to time, by the same authority.

mode of branding to be framed by Governor in Council. [See Ord, 4 of 1872, sec. 3.3

XIII. It shall be lawful for the Governor in Council, if he shall think fit, to issue a new order of Prisoner may be deportation against any person who shall have been convicted of an offence against section VI of this deported again. Ordinance, and such order shall commence to take effect during or at the expiration of any term of im- [See Ord. 4 of 1871,

Sec. 4.] prisonment to which the prisoner shall have been sentenced,

XIV. It shall be lawful for the Governor in Council, if he shall think fit, to issue an order of deport- Prisoner returning ation against any person who shall have been convicted of an offence against sections VIII or XI of this after conditional Ordinance, and such order shall commence to take effect during or at expiration of any term of imprison- pardon may be

deported. ment to which the prisoner shall have been sentenced.

XV. Any person convicted before a Magistrate of mendicancy in this Colony shall be liable to a fiue Mendicancy not exceeding five dollars, or in default thereof, to imprisonment, with or without hard labour, not exceed- forbidden. ing twenty-one days, or, in the discretion of the Magistrate, shall be liable to be whipped thirty-six strokes See Ord. 8 of 1858,

Becs, 23 & 28.] with a rattan, and be sent to his native place.

XVI. All persons affected with leprosy are hereby prohibited from residing or being within the Lepers to be sent to jurisdiction of this Colony, and all lepers natives of China found in the jurisdiction shall be apprehended, Chinese authorities. and, subject to the order of the officer for the time being in command of the Police, be liable to be forth- with sent to Canton, and there handed over to the Chinese authorities, and on being found within this Colony a second time, shall be liable to deportation by order of the Governor.

XVII. Any person who shall knowingly harbour or conceal, in the Colony of Hongkong, any person Penalty on persons under sentence of deportation, shall, on conviction thereof before a Justice of the Peace, be liable to a fine knowingly harbour- not exceeding fifty dollars, or in default of payment, to be imprisoned, with or without hard labour, for ing Chinese under any term not exceeding six months.

XVIII. The following Ordinances and parts of Ordinances are hereby repealed :---

Ordinance 14 of 1845,-Section II, sub-section 17, the words "shall beg," &c., &c.,

وو

身

&c., up to "alms or."

9 of 1857, All sections not previously repealed.

8 of 1858,-Sections XXI and XXII, and sub-section 9 of section XXVIII.

1 of 1860,-The whole.

9 of 1867,-Section XVII.

4 of 1871,

"

19

5 of 1871, The whole.

4 of 1872,)

but such repeal shall not revive any enactment repealed by any of the said Ordinances or sections of Or- dinances, and shall not affect anything duly done bofore the passing of this Ordinance.

sentence of deportation. [Ses Ord. 9 of 1867, sec. 17.1

Repeal.

XIX. All acts done or attempted before the passing of this Ordinance, and which would have beeu Indemnity for past lawful if so done or attempted after the passing thereof, are hereby authorised and made valid, and no acts, man shall at any time hereafter be called in question for or in respect of the same.

XX. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall Suspending clause. have been proclaimed in the Colony by the Governor.

Passed the Legislative Council of Hongkong, this 11th day of December, 1876.

H. E. WODEHOUSE,

Clerk of Councils.