CO129-195 - Governor Hennessy - 1881 [1-4] — Page 132

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General, a copy of which is enclosed,

will explain

the

objects

and reasons

for the passing of the Ordinance.

I have the honour to be,

My Lord;

Your Lordship's Most Obedient

Humble Servant,

eby

Administrator.

Governor and fommander-in-Chief

No. 12 or 1881.

An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Council thereof, entitled the "Banishment and Condi- tional Pardons Ordinance, 1881."

[23rd August, 1881.]

E in enacted by the Governor of Hongkong, with the

Legislative

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

II. Any Justice of the Fence may lawfully arrest, or cause to be arrested, with or without warrant, any person whom he reasonably suspects to be an emissary or abettor of Hor 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 safely keep bin until he can be dealt with according to law.

III. Any Magistrate 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, and 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 banishment under section 4 of this Ordinance.

IV. The Governor in Council may, by order, prohibit any person not being a natural born or naturalized subject of Her Majesty from residing or being within this Colony during any space of the not exceeding five years, and may by the same or any subsequent order, fix the time for the departure of such person from the Colony.

V. Every person who has been prohibited by order of the Governor in Council from residing or being within this Colony for any space of time not exceeding five years under the provisions of this or any other Ordinance, and who without lawful authority or excuse, the proof of which shall fie upon him, is 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 banishment, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment, with or without hard labour, for any period not exceeding one year: Provided that in all cases in which the prisoner when brought before a Magistrate upon such charge shall plead guilty thereto, ir shall be lawful for the Magistrate to deal summarily with the case, instead of committing the prisquer for trial at the Supreme Court.

Title.

Interpretation

close

Power to urret vad

keup it post euiaries or abetters of

RHODES,

See rd 9 of isa, sec. 6.)

Security to appear witkin twelen mouths. Tre GIL 8 of 1x56, men 27.)

Foter te hanish for fre JOAN,

[See Órd, 8 of 17. sec. 7

and Ord. o cl 1871. Bec.

1

Fenity for atsbedience

To or violatice of order of

havishment. Jäse und, of 1871, say. 3.1

14