THE HONGKONG GOVERNMENT GAZETTE, 18TH JUNE, 1881.
GOVERNMENT NOTIFICATION.
483
The following Bill, which was read a first time at a Meeting of the Legislative Council, held on the 3rd instant, is published for general information.
By His Excellency's Command,
Council Chamber, Hongkong, 18th June, 1881.
ARATHOON SETH,
Acting Clerk of Councils.
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."
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.
II. Any Magistrate 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 Her 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 him 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 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.
Title.
Interpretation clause.
Power to arrest and
keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6,]
Security to appear within twelve months. ¡See Ord. 8 of 1858, sec. 21.]
Power to barish for ve years,
[See Ord. 9 of
1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience
to or violation of order of banishment. [See Ord. 4 of
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.. 1871, sec. 3.] without lawful authority or excuse, the proof of which shall lie 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.
VI. 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 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.
Governor may grant pardon subject to conditions of offonders leaving the Colony. [See Ord, I of 1860, sec. 1.3
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