702929-1871-Banishment-Amendment-ORDINANCE- — Page 1

378

THE HONGKONG GOVERNMENT GAZETTE, 2ND SEPTEMBER,

Title.

Preamble.

Interpretation Clause.

Section VII of

9 of 1857 amended.

HONGKONG.

ANNO TRICESIMO QUINTO

VICTORIA REGINE.

HENRY WASE WHITFEILD, Major-General, and Lieutenant-Governor.

No. 4 or 1871.

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.

[1st September, 1871.]

Wthe Banishment of Persons dangerous to the Peace and

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:-

I. In the Construction of this Ordinance the Expression “Order of Banishment" shall mean an Order of the Governor in Council under Section VII of Ordinance No. 9 of 1857, prohibiting a Person from residing or being within the Colony.

II. Section VII of Ordinance No. 9 of 1857 is hereby amended Ordinance No. by expunging therefrom the Words following, that is to say: "and if such Order shall not be obeyed by the said Person then may, 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- t.tuted 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."

of Order of Banishment.

Penalty for

III. Every Person who, either before or after the Passing of Disobedience this Ordinance, shall have been prohibited by Order of the Gover- to or Violation nor in Council, from residing of being within this Colony for any Space of Time not exceeding Five Years under the Provisions of Section VII of Ordinance No. 9 of 1857, and who, without lawful Authority or Excuse, the Proof of which shall lie upon him, shall be found in the 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 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.

Prisoner may be banished again.

IV. It shall be lawful for the Governor in Council, if he shall think fit, to issue a new Order of Banishment against any Person who shall have been convicted of an Offence under the last 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.

Passed the Legislative Council of Hongkong, this 1st Day of September, 1871.

L. D'ALMADA E CASTRO,

Clerk of Councils.

1871..