702290-1871-Statutory-Penalties-Bill-Read-first-time- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 10rn JUNE, 1871.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to extend the Provisions of Ordinance No. 14 of 1860, in relation to the Remission of Penalties and Forfeitures.

WE

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1871.]

Title.

HEREAS it is expedient that under the Circumstances of Preamble.

this Colony, Penal Actions should not be commenced or continued without the Consent of the Crown: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. No Action shall be brought for the Recovery of any Penalty No Penal brought or Forfeiture alleged to have been incurred under the Provisions Action shall be

without the of any Act of the Imperial Legislature or of any Ordinance of the. Colony now in force or hereafter to be passed without the Consent Consent of the of the Crown first had and obtained.

Crown.

II. No Action which may have been commenced before the Penal Actions Passing of this Ordinance for the Recovery of any such Penalty now pending or Forfeiture as aforesaid, shall be continued without the Consent of the Crown.

not to be continued without such Consent.

III. In Case any such Penal Action as aforesaid shall be com- Rule to stay menced or continued without the Consent of the Crown, it shall be Proceedings. lawful for the Defendant in such Action to apply to the Court in which the same may be pending for a Rule to show Cause why all Proceedings in such Action should not be stayed without Costs; and if it shall appear to such Court that the Consent of the Crown to the Commencement or Continuance of such Action has not been obtained, such Rule shall be made absolute accordingly.

of Term

IV. In the Interpretation of this Ordinance the Term "Action" Construction shall include every Proceeding for the Recovery of a Statutory "Action." Penalty or Forfeiture.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend the Laws relating to the Banishment of Persons dangerous to the Peace and good Order of the Colony.

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1

1871.]

HEREAS it is expedient to amend the Laws relating to

good Order of the Colony: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Witle.

Preamble..

I. In the Construction of this Ordinance the Expression "Order Fnterpretation.

of Banishment" shall mean an Order of the Governor under Sec- Clause.

tion VII of Ordinance No. 9 of 1857, and the Expression "Person banished" shall mean a Person prohibited under the said Section from residing or being within the Colony.

9 of 1857

II. Section VII of Ordinance No. 9 of 1857 is hereby amended Section VII of by expun ring therefrom the Words following, that is to say: "and Ordinance No. if such Order shall not be obeyed by the said Person then may, amended. by some other Order also under the Hand of His said Excellency, authorize and direct the Arrest and Imprisonment of such Person without Bail or Mainprize, and for his Deportation (being so arrested and imprisoned) beyond the Limits of this Colony, in which Deportation Force may be used if Need be for the Pur- poses thereof, and if by the said last-mentioned Order it be so expressed," and in lieu thereof the following Words shall be subs- tituted in the said Section.: "and may by the same or any subse- quent Order under his Hand fix the Time for the Departure of such Person from the Colony."

Banishment..

III. Every Person who shall have been banished by Order of Penalty for the Governor, either before or after the Passing of this Ordinance, Disobedience and who, without lawful Authority or Excuse, the Proof of which to or Violation. shall lie upon him, shall be found in the Colony after the Time of Order of fixed for his Departure therefrom, or before the Expiration of the Term of his Banishment, shall be guilty of a Misdemeanor, and upon Conviction thereof before the Supreme Court, shall be liable to Imprisonment with or without Hard Labor for any Period not exceeding One Year: 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 instead of committing the Prisoner for Trial at the Supreme Court.

be banished

IV. It shall be lawful for the Governor in Council, if he sball Prisoner way: think fit, to issue a new Order of Banishment against any Person who shall have been convicted of an Offence under the last again. preceding Section, and such Order shall commence to take Effect at the Expiration of any Term of Imprisonment to which the Prisoner shall have been sentenced.

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