705407-1870-GOVERNMENT-NOTIFICATION — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 13TH AUGUST, 1870.

Au Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Punishment of deported Criminals and other Persons dangerous to the Peace and good Order of the Colony, who may be found at large within the same before the Expiration of the Period of their Deportation.

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1870.]

Title.

THEREAS by Reason of the Proximity of the Island of Preamble.

Hongkong, to the Mainland of China, Chinese Subjects who have been convicted of Crimes and to whom a Pardon has been granted by the Governor on Condition of their quitting the Colony, are often found at large therein in Violation of such Condition; And Whereas other Chinese Subjects who are deemed dangerous to the Peace and good Order of the Colony, and who have been deported therefrom by the Governor for a Period of Years often return before the Expiration of the Term of their Deportation; And Whereas it is expedient to adopt stringent Measures for the Punishment of such Offenders and for the Letter Security of the Colony and of the Residents therein: Be it enanted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :—

Repeal.

Conditional

I. Section II of Ordinance No. 1 of 1860 is hereby repealed. II. If any Offender to whom a Pardon shall have been granted Penalty for under Ordinance No. 1 of 1869, on Condition of his quitting the Breach of Colony, be afterwards found at large therein withent lawful Cause, Pardon. and in Violation of such Condition, he shall be guilty of Felony and upon Conviction thereof before the Supreme Court, shall be liable to Penal Servitude, or Imprisonment with Hard Labor for any Term not exceeding Five Years, aud at the Expiration thereof shall be re-deported by the Sentence of the Court for the Term of his Life.

III. If any Person who shall have been deported from this Penalty for Colony under Ordinance No. 9 of 1857, shall be found at large returning from therein without lawful Cause before the Expiration of the Term Deportation. for which he shall have been deported, he shall be guilty of a Mis- demeanor and on Conviction thereof before the Supreme Court, shali be liable to Imprisonment with Hard Labor, for any Term not exceeding Two Years and shall be re-deported by the Sentence of the Court for any Period not exceeding Five Years to commence from the Expiration of such Sentence of Imprisonment.

Deportation by Mentones of

IV. If any Person who shall have been re-deported by Science Penalty for of the Supreme Court under this Ordinance, shall be found at large returning from within the Colony without lawful Cause before the Expiration of the Term specified in such Sentence he shall be guilty of Felony, the Court. and so often as he shall be convicted thereof before the Supreme Court, he shall be liable to the Punisliment prescribed by Section II, and in Addition to such Punishment the Supreme Court 1987 direct that the Offender, if a Male, be once, twice or thrice publicly or privately whipped in the Manner prescribed by and subject to the Provisions of Ordinance No. 12 of 1860.

Condition of

V. Whenever any Chinese Subject shall receive a Pardon on Mole of enfor- Condition of quitting the Colony under Ordinance No. 1 of 1200, eine Sentence, or shall be deported by Order of the Governor under Ordinancé ider or No. 9 of 1857, or by the Supreme Court under this Ordinance, Deportation. it shall be lawful for a Police Magistrate forthwith or at the Expiration of any Term of Penal Servitude or Imprisonment which such Perzon shall have been sentenced to undergo previously to such Deportation, by Warrant under his Hand addressed to the Superintendent of Victoria Gaol, or to the Keeper of any other Place of Custody in which such Person shall be detained, and to the Constables of the Hongkong Police Force, to direct that such Person shall be removed from this Colony to any Place within- Chinese Territory, and in effecting such Deportation, Foree may be used if need be for the Purposes thereof.

VI. The Provisions of Section V of Ordinance No. 9 of 1850, Provisions of shall apply to any Action brought against any l'erson for any- Section V of thing done in Obedience to a Warrant issued under the last Ordinance No. preceding Section.

2 of 1850.

VII. The Provisions of this Ordinance shall apply only to Application Subjects of China, but in Case any Question shall arise as to the of Ordinance Nationality of the Prisoner, the burden of Proof shall lie upon unde him.

Burden of

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