CO129-198 - Governor Hennessy Acting Governor Tonnochy - 1882 [3] — Page 31

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

LIBRARY

30

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65.68182

ORDINANCE No. 8 or 1882.

Banishment and Conditional Pardons,

No. 8 OF 1882.

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, 1882.

[1st March, 1882.]

E it enacted by the Governor of Hongkong, with the

Badvice of the Logislative Council thereof, as follows-

I. In the construction of this Ordinanco, 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.

or

II. When any person not being a natural born naturalized subject of Her Majesty having been convicted of any offence punishable by imprisonment has within twelve months after the expiration of any term of imprisonment which he may have suffered for such offence been convicted of any offence punishable by imprisonment such person may at any time be required by any Magistrate 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 person not finding such security shall be deemed a person dangerous to the peace of the Colony.

III. 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 time 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, Every order made under this section prohibiting any person from residing or being within this Colony shall contain a statement of the grounds upon which it is made.

IV. 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 lie upon him, is in this Colony after the date of such order, or aftor 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

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