705896-1870-GOVERNMENT-NOTIFICATION — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 15TH OCTOBER, 1870.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Trial and Punishment of Offend- ers, not being Subjects of China, to whom a Par- don has been granted under Ordinance No. 1 of 1860, and who may be found at large within the Colony, in Violation of the Condition of such Pardon.

, 1870.] WHEREAS Triad and Punishment of Offenders, to whom a

HEREAS the Provisions of Ordinance No. 7 of 1870

Pardon has been granted under Ordinance No. 1 of 1860, and who may be found at large within the Colony in Violation of the Condition of such Pardon apply only to Subjects of China, and it is expedient to provide for the Trial and Punishment of similar Offenders, to whom the Provisions of the said Ordinance do not apply: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Title.

Preamble.

Repeal.

Pardon.

I. Section II of Ordinance No. 1 of 1860, is hereby repealed. II. If any Offender, to whom a Pardon shall have been granted Punishment under Ordinance No. 1 of 1860, on Condition of his quitting the for Breach of Colony, be afterwards found at large therein, without lawful Cause Conditional and in Violation of such Condition, he shall be guilty of Felony and upon Conviction thereof before the Supreme Court, shall be liable in the Discretion of the Court to Penal Servitude, or to Imprisonment with Hard Labor, for any Term not exceeding the Term of his original or commuted Sentence, such Term to com- inence from the Date of the Criminal Session at which he shall be tried.

III. The Provisions of this Ordinance shall not apply to Sub- Application of jects of China, but in Case any Question shall arise as to the Na- Ordinance,

him. tionality of the Prisoner, the Burden of Proof shall lie upon

Burden of

Proof.

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An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to empower the Governor in Council to reduce, vary, and in certain cases to remit and refund the Amount of Fees payable for the Use of the Govern- ment of the Colony.

[

1870.]

WHEREAS in certain Castiation of Fision has been made for

the Reduction and Variation of Fees payable to the Use of the Government of the Colony, by the Provisions of the Ordi- nances imposing such Fees, and it is expedient to vest in the Governor in Council the Powers hereinafter mentioned: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Title.

Preamble.

I. This Ordinance may be cited as "The Crown Fees Ordi- Short Title. nance, 1870."

Council to

II. Wherever under or by virtue of any Ordinance of the Le- Power to gislature of Hongkong any Fees are made payable to a Public Governor in Officer for the Use of the Government of the Colony, and no reduce, vary Power is or shall be given by such Ordinance to the Governor in and remit Fees Council, from Time to Timo, to reduce or vary the Amount of payable to the such Fees, such Power shall be deemed to be vested in the Gov- Use of the

Government. ernor in Council by virtue of this Ordinance; Provided always that the Provisions of this Section shall not extend to Fees

the Amount of which a Judge has Power to regulate by any Rule or Order of his Court.

III. No Fees shall be varied under this Ordinance so as to Amount of exceed the Original Amount thereof.

Fees originally fixed not to be exceeded.

IV. Every Reduction or Variation under this Ordinance in the Power to be Amount of any Fees, shall be made by an Order of the Governor exercised by in Council to be published in the Gazette, and shall not take Order in Effect until the Date of the Publication thereof as aforesaid.

Council to ba published in the Gazette.

V. It shall be lawful for the Governor in Council, if he shall in Power to his Discretion think fit, in any particular Case and on any special remit or Ground, to remit the Payment of any such Fees as aforesaid, or in Special to order the Amount thereof if paid, to be refunded.

refund Fees

Casca.

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