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148

THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.

GOVERNMENT NOTIFICATION.

The Seven following Bills, which were read a first time at a Meeting of the Legislative Council held on the 25th instant, are published for general information.

By Command,

Council Chamber, Hongkong, 27th March, 1872.

Title.

Preamble.

Short Title.

Register of Criminals.

Returns for Purposes of Register.

Crime defined

so far as

relates to

Registration of Criminals.

Person twice guilty of Felony and not punished with Penal

L. D'ALMADA E CASTRO, Clerk of Councils.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the more effectual Prevention of Crime.

[

1872.]

WHEREAS it is expedient to make further Provision for

the Suppression of Crimes committed in this Colony: Be it enacted by the Governor of Hongkong, by and with the Advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Habitual Criminals Ordinance, (Hongkong), 1872.”

PART I

II. For the better Supervision of Criminals, a Register of all Persons convicted of Crime shall be kept in Victoria, in this Colony, under the Management of the Captain Superintendent of Police or of such other Person as His Excellency the Governor may appoint in such Form with such Evidences of Identity and containing such Particulars and subject to such Regulations as may, from Time to Time, be prescribed by the Governor in Council.

III. In order to make such Register complete and to make the Supervision over Criminals effectual, the Captain Superintend- ent of Police and the Gaoler shall, from Time to Time, make Returns to the Colonial Secretary in such Manner and at such Time and containing such Evidences of Identity and other Infor- mation with respect to Persons convicted of Crime as the Governor may, from Time to Time, respectively direct.

IV. Crime for the Purposes of this Ordinance, so far as it relates to the Registration of Criminals, shall mean any Felony or any Offence not a Felony specified in the Schedule hereto.

any

PART II.

Habitual Criminals.

V. Where any Person is convicted on Information filed in this Colony of any of the Offences specified in the Schedule hereto, and he be proved to have been convicted in this Colony of Offence specified in the said Schedule either before or after the Servitude to be Passing of this Ordinance, then in addition to any other Punish- subject to the ment which may be awarded to him, it shall be deemed to be Supervision of Part of the Sentence passed on him, unless otherwise declared by the Court, that he is to be subject to the Supervision of the Police as hereinafter mentioned for a Period of Seven Years or such less Period as the Court shall direct commencing from the Time at which he is convicted and exclusive of the Time during which he is undergoing his Punishment;

the Police.

Where any Person is subject, in pursuance of this Ordinance, to the Supervision of the Police, he shall be guilty of an Offence punishable on Summary Conviction before a Magistrate with Imprisonment with or without Hard Labor for a Term not exceeding One Year, under the following Circumstances, or any of them :-

First. If on his being charged by a Police Officer with getting his Livelihood by dishonest Means he fails to make it appear to the Magistrate before whom he is brought that he is not getting his Livelihood by dis- honest Means,

Secondly. If he is found by any Police Officer in any Place whether Public or Private under such Circumstances as to satisfy the Magistrate before whom he is brought that he was about to commit, or to aid in the Commission of, any Crime punishable on Summary Conviction or Information or was waiting for an Opportunity to commit, or aid in the Commission of, any such Crime. Thirdly. If he is found by any Person in or before any Dwelling House or any Building, Yard or Premises being Parcel of or attached to such Dwelling House, or in or upon any Shop, Ware-house, Counting-house, Wharf, Godown or other Place of Business or in any Garden, Orchard, Pleasure Ground or Nursery Ground without being able to account to the Satisfaction of the Magistrate before whom he is brought for his being found on such Premises.

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