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THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Trial and Punishment of Offenders found at large within the Colony, in Violation of any Conditional Pardon.

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1872.]

HEREAS it is expedient to provide for the Trial and Punishment of Offenders to whom a Pardon has been granted under Ordinance No. 1 of 1860, or of any other Power ling in that behalf, and who may be found at large within ny in Violation of the Condition of such Pardon: Be it by the Governor of Hongkong, with the Advice of the ive Council thereof, as follows:

Title.

Preamble.

The following enactments are hereby repealed, that is to say: Repealing Sermon II of Ordinance No. 1 of 1860, Ordinance No. 16 of 1870, Clause. cari Ordinance No. 5 of 1871.

Pardon.

II. If any Offender to whom a Pardon shall have been granted Breach of either before or after the Passing of this Ordinance under the Conditional Provisions of Ordinance No. 1 of 1860, or of any other Power enabling on that behalf, on 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 shall have received such Conditional Pardon, and shall on Conviction thereof before the Supreme Court undergo a Term of Imprisonment with Hard Labor or of Penal Servitude equal to the Portion of his Term of Imprisonment or Penal Servitude that remained unexpired at the Time of his Pardon being granted to him, such Term to commence from the Date at which he shall be tried and convicted under this Ordinance : Provided always 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 and to inflict the same Penalties as the Supreme Court is hereby empowered to impose instead of committing the Prisoner for Trial at the Supreme Court.

III. This Ordinance and Ordinance No. 1 of 1860 shall be read Construction. together and construed as one Ordinance.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make Provision for the Branding and Punish- ment of Criminals in certain Cases.

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1872.]

Title.

HEREAS Crime has greatly increased since the Branding Preamble. W of Criminals on accepting Conditional Pardons, and since the Punishment of Flogging for returning to the Colony in violation of the Conditions of such Pardons, have been discontinued: Be it therefore enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

be resorted to.

I. That in all Cases where Chinese convicted of any Crime Branding in and actually undergoing Sentence of Imprisonment, may volun- what Cases to tarily petition the Governor to be released on Condition that Must be they shall be sufficiently marked or branded, to be thereby ordered by recognized subsequently, and shall also undertake to quit the Governor. Colony and not return thereto without Permission from the Governor, it shall be lawful for the Governor to order any Convict so petitioning as aforesaid to be marked and branded accordingly : Provided, nevertheless, that every such Convict so petitioning, shall state in his Petition his Willingness to leave the Colony, and, if found therein subsequently without due Permission, to be dealt with as the Law may direct.

Convicts when liable to

II. That every Convict so petitioning and branded as aforesaid, Branded and nevertheless returning to the Colony, shall be immediately liable, on Recognition and Conviction thereof before a Magistrate, flogging on to undergo the remainder of his original Sentence, and also, if a Return to Male, and, if convicted subsequent to his Return to the Colony of Colony. any Felony or other Crime, which the Court sentencing such Con- vict may consider to be so brutal, inveterate or mischievous as to justify extraordinary Measures, shall be liable to be once or twice publicly or privately flogged with the Regulation Instrument: Provided that not more than Thirty-six Lashes be inflicted on any one Occasion.

III. That Regulations defining the Mode of Branding under Regulations as this Ordinance shall be framed by the Governor in Council and to Mode of

Branding to may be altered and amended from Time to Time by the same

be framed by Authority.

Governor in Council.

IV. This Ordinance shall not come into Operation until Her Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause, Colony by the Governor.

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