681688-1881-Proceedings-of-Legislative-Council-No-3-of-1881- — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 18TH JUNE, 1881.

Breach of conditional pardon.

Governor in Council may banish prisoners.

Returning from banish- ment.

Prisoner may

be banished again.

[See Ord. 4 of

1871, sec. 4.1

Prisoner re- turning after conditional pardon and banishment may be again banished.

Mendicancy forbidden.

Repeal.

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 excuse, 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 he is tried and convicted under this Ordinance: Provided that in all cases in which the prisoner when brought before a Magis- trate upon such charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, and to remit him to gaol to undergo any sentence not exceeding the whole of his original or commuted sentence, instead of committing him for trial at the Supreme Court.

VIII. Whenever it seems expedient that any prisoner convicted of any crime, and actually undergoing sentence of imprisonment should be released and banished, it shall be lawful for the Governor in Council to order such prisoner to be banished.

IX. Every convict so banished and nevertheless returning to the Colony, shall be liable, on conviction thereof before a Magistrate, to undergo the remainder of his original

sentence.

X. If it appears fit to the Governor in Council, the Gov- ernor in Council 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 been sentenced.

XI. 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 sections 7 or 9 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.

XII. Any person convicted before a Magistrate of men- dicancy in this Colony shall be liable to a fine not exceeding five dollars, or in default thereof, to imprisonment, with or without hard labour, not exceeding twenty-one days.

XIII. Any person who knowingly harbours or conceals in the Colony of Hongkong, any person under sentence of banishment 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.

XIV. 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.

""

33

9 of 1857,-All sections not previously re-

pealed.

8 of 1858,-Sections 21 and 23, and sub-

section 9 of section 28.

•

1 of 1860,-The whole.

27

9 of 1867,-Section 17.

33

16 of 1870,

"

4 of 1871,

35

The whole.

5 of 1871,

وو

4 of 1872,

Suspending eladee.

Provided that such repeal shall not affect the past operation of any such enactment or anything done or suffered there- under.

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