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THE HONGKONG GOVERNMENT GAZETTE, 4TH MARCH, 1882.

GOVERNMENT NOTIFICATION.--No. 79.

225

The following Ordinance has passed the Legislative Council and received the Governor's assent.

By His Excellency's Command,

Council Chamber, Hongkong, 1st March, 1882.

ARATHOON SETH.

Clerk of Councils.

[L.S.]

J. POPE HENNESSY,

Governor and Commander-in-Chief.

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

BE

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.

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 lic 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, it shall be lawful for the Magistrate to deal summarily with the case, instead of committing the prisoner for trial at the Supreme Court.

V. The Governor may in his discretion grant to any offender convicted of any crime a pardon subject to either of the following conditions, as the case may be, viz: That such offender shall quit the Colony and not afterwards be found at large therein; or that such offender shall, in lieu of a sentence of death which may have been passed upon him by any Court of competent jurisdiction, suffer such term of imprisonment, with or without hard labour, or penal servitude, as the Governor may think fit.

Title.

Interpretation clause.

Security to appear within

twelve

months.

Power Lo

banish for five

years.

Penalty for disobedience of Order of banishment.

Governor may grant pardon subject to certain conditions.