CO129-195 - Governor Hennessy - 1881 [1-4] — Page 133

Guverner?

prant perdon subject to conditions of ufenders leaving the Colony.

Sen Ord. of 1880, Rec. 1.1

Brew of conditional pardon

Prisoner may be Wandshed Igela.

Free Ord, 4 of 1871. EU, 4.]

Prisoner -

turning after condiciona

Sedona banishmen may be in bunished.

Kapal.

plase

VI. The Governor may in his discretion grant to any offender convicted of any erine a pardon subject to either of the following conditious, as the case may be, viz.: 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 juris- diction, suffer such term of imprisonment, with or without hard labour, or penal servitude, as the Governor may think

fit.

VII. If any offender to whom a pardon has been granted either before or after the passing of this Ordinance, on the condition of his quitting the Colony, be afterwards found at large therein without lawful authority or exense, the proof whereof shall lie upon him, he shall be guilty of a felony or of a misdemeanor, according to the nature of the offence for which he received such conditional pardon, and shall, on conviction, be liable, to any sentence not exceeding the whole of his original or commuted sentence, such sentence to commence from the date at which ho is tried and convicted under this Ordinance: Provided that in all cases in which the prisoner when brought before a Magis- trate upon such change shall plead guilty thereto, it shall be inwful for the Magistrate to deal summarily with the case, and to remit him to gaol to undergo any sentence not execeding the whole of his original or commuted sentence, instead of comunitting him for trial at the Supreme Court.

VIII. If it appears fit to the Governor in Council, the Governor in Conncil may issue a new order of banishment against any person who has been convicted of an offence against section 5 of this Ordinance, and such order shall commence to take effect during or at the expiration of any term of imprisonment to which the prisoner has beeh sentenced,

IX. If it appears fit to the Governor in Council, the Governor in Council may issue an order of banishment against any person who has been convicted of an offence against section 7 of this Ordinance, and such order shall commence to take effect during or at the expiration of any term of imprisonment to which the prisoner has been sentenced.

X. Any person who knowingly harbours or conceals in the Colony of Hongkong, auy person whose banishment has been ordered, shall, on conviction thereof before a Magistrate, be liable to a fine not exceeding fifty dollars, or in default of payment, to be imprisoned, with or without

hard labour, for any term not exceeding six months,

XI. The following enactments are hereby repealed, viz.:-

Ordinance 14 of 1845,--Section 2, sub-section 17, from the words "shall beg," to the words "alms or," inclusive.

9 of 1807,—All sections not previously re-

pealed.

8 of 1858,-Section 21 and section 28, sub- section 9, from the words "and

be deported" to "shal! decide."

1 of 1860,--The whole.

9 of 1867.-Section 17.

;

15

16 of 1870,

4 of 1871, The whole,

رو

SO

5 of 1871,

Provided that such ropeal shall not affect the past operation

of any such enactment or anything done or suffered there- under.

XII. This Ordinance shall not come into operation until Her Majesty's confirmation thereof is proclaimed by the Governor.

Pussed the Legislative Council of Hongkong, this 23rd day of August, 1881.

Report

132

C.0.

20391

Ordnance the 12. XC3%.

REGE 21 NOV 81.

I have exomnied the accompanying

Ordnance entitled the Banishment.

1887′′ and Conditional Pardons Ordmance, 1851"

and

я

of opinion that it is acot Contrary

an ordmance which is enot to the Governor's instinctions.

The object

of this ordinance

is to re-enact that part of

s

ite

repealed

Ordnance 8 of 1876 which relates to banishment with amendments de give effect to the instructions Corveyed.

States Despatch

in the Secretary of

to for 20 of July 30. 1880, and in lard Carnarvon's

Goo

fish 77 despatch of may

745477

18. 18

877.

The principal amendments are the words "banichment» has been substituted fir "deportation.

2. the

omis um

7

the

provision

art-

Arathoon Seth

Acting Clerk of Councils.

thorizing branding.

which

branding in cestom cases

tv as

contanced in See.

9 of or hi