CO129-390 - Acting Governor Claud Severn - 1912 [5-6] — Page 19

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v. Best 1909, 1 K.B. 692); but to remove all doubts on the point a sub-

section to that effect is added to section 12.

Section 4 is based on section 4(1) of Ordinance No.1 of 1882,

the first two sub-sections of section 5 are based on section 13 of Ordi-

nance No.10 of 1886 and the last sub-section of that section carries

out the evident intention of Article 111 of the China and Corea (Amend-

ment) Order-in-Council 1910. Although as a general rule natural born

British subjects are outside the scope of any banishment Ordinance, it

is mafestly unjust that when prisoners have been convicted by the

consular courts of crimes committed in China and have been sent as a

matter of convenience to serve their terms of imprisonment in the Gaol

of the Colony, that this Colony should be unable to get rid of them again.

on their release.

Section 6 is based on section 4(1) and (2) of Ordinance No.1

of 1882, section 7 on section 4(3), section 8 on section 5, section 9 #

on section & and section 10 on section 10 thereof. The increase in the

amount of the sentence has been sanctioned by the Secretary of State's

despatch of the 30th June, 1911. The provisions of sections 11 and 12

providing for the automatic banishment of Straits deportees have been

likewise sanctioned. Certain sections of Ordinance No.1 of 1882 have

not been re-enacted although by section 13 the whole of that Ordinance

is repealed. The reason is that section 3 is seldom acted on and is

deemed unnecessary, and that sections 6, 7 and 9 should not it is sub-

mitted be re-enacted as they are contrary to the express proviso to

Article XIV of the Letters Patent of the 19th January, 1688, which pre-

vents the Governor, (except where the offence has been of a political

nature unaccompanied by any other grave crime), from making it a con-

dition of any pardon or remission that the offender shall be banished.

The remaining enactments repealed by section 13 are now rendered unne-

cessary as the powers conferred by this consolidating Ordinance cover

the cases they were designed to meet.

Since the passing of this Ordinance it has been thought de- sirable to make express provision for giving full force and effect to

banishment orders issued under the Repealed Enactments and a short bill

has been drafted to carry out this object.

To Rees Davies

Enclosure 3.

A

BILL

ENTITLED

C. O.

17

10255

RFCR

FUGE 27 MAY 12

No. 17-[30.4.12.~~2.]

An Ordinance to amend the Deportation Ordi-

nance, 1912.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be eitel as the Deportation Short title. Amendment Ordinance, 1912.

2. The Deportation Ordinance, 1912, is hereby amended Amends in section thereof as follows :---

section 8 of Dedinance

1912.

(a) by the insertion of the figure (1) after the No. of

figure 8 at the commencement thereof. () by the insertion at the end thereof of the fol-

lowing new sub-section:

(2.) Every person who has been prohi- bited by an order of banishment issued under the provisions of any enactment repealed by this Ordinance from residing or boing within Dis Colony and who without lawful anthority or excuse is in this Colony after the date of such order or after the timo fixed for his depar- ture and before the expiration of the term of his banishment, shall be guilty of a misdemean- or, and being convicted thereof shall be liable to imprisonment for any term not exceeding one year: Provided that in any case in which the prisoner when brought before a Magistrate ou any such charge, pleads guilty thereto, it shall be lawful for the Magistrate to deal sum- marily with the case, instead of committing the prisoner for trial at the Supreme Court,"

3. The Deportation Ordinance, 1912, is hereby further Amenis amended in section 10 thereof by the insertion after the section 10 of word "Ordinance" in the fifth line of the words or by Ordinance

No. 9 of virtuo of an order of bauishment issued under any enact- 1912. ment repealed by this Ordinance”,

4. Form 7 in the Schedule to the Deportation Ordinance, amends 1912, is hereby amended by the deletion of the word Form in the "thereof" and by the substitution therefor of the word Schedule of

Ordinance "hereof "

No. 8 of 1912.

Objects and Reasons.

This Bill preserves the punishment for those banished under repealed Ordinances who return to the Colony before the expiration of their terms of banishment and punishes those who knowingly harbour or conceal them. It also corrects a clerical error in one of the forms in the Schedule to the Principal Ordinance.

C. G. ALABASTER, Attorney General.