709511-1868-HONGKONG-ANNO-TRICESIMO-PRIMO-VICTORIE-REGINIE-SIR-RICHARD-GRAVES-MACDONNELL-Knight-C-B--Governor-and-Commander-in-Chief-NO-8-OF-1868- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 30тп MAY, 1868.

Wounding, Imprisonment; or Restraint of the Person of the Heirs and Successors of His said Majesty KING GEORGE the Third, and the expressing, uttering or declaring of such Compassings, Imaginations, Inventions, Devices, or Intentions, or any of them, shall cease to be of Force in this Colony.

221

Felonies by this

Servitude or

II. If any Person whatsoever after the passing and coming into operation of this Offences declared Ordinance shall, within this Colony or without, compass, imagine, invent, devise, or Ordinance to be intend to deprive or depose our Most. Gracious Lady the QUEEN, Her Heirs or Successors punishable by Penal from the Style, Honor or Royal Name of the Imperial Crown of the United Kingdom Imprisonment. or of any other of Her Majesty's Dominions or Countries, or to levy War against Her Majesty, Her Heirs or Successors within any part of the United Kingdom in order by Force or Constraint to compel Her or Them to change Her or Their Measures or Counsels or in order to put any Force or Constraint upon, or in order to intimidate or overawe both Houses or either House of the Imperial Parliament or to move or stir any Foreigner or Stranger with Force to invade the United Kingdoin, or any other, Her Majesty's Dominions or Countries under the Obeisance of Her Majesty, Her Heirs or Successors and such Compassings, Imaginations, Inventions, Devices, or Intentions, or any of them shall express with, or declare by, publishing any Printing or Writing or by open and advised Speaking or by any Overt Act or Deed, every Person so offending shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Seven Years, or to be Imprisoned for any Term not exceeding Two Years, with or without Hard Labor, and with or without Solitary Confinement.

Prosecution shall be

III. Provided always that no Person shall be prosecuted for any Felony by virtue Time within which of this Ordinance in respect of such Compassings, Imaginations, Inventions, Devices or commented, Warrant Intentions as aforesaid, in so far as the same are expressed, uttered, or declared by open issued, &c. and advised Speaking only unless Information of such Compassings, Imaginations, Inventions, Devices, and Intentions, and of the Words by which the same were expressed, uttered, or declared shall be given upon Oath or Declaration to One or more Justice or Justices of the Peace within Six Days after such Words shall have been spoken, and unless a Warrant for the Apprehension of the Person by whom such Words shall have been spoken, shall be issued within Ten Days next after such Information shall have been given as aforesaid, and unless such Warrant shall be issued within Two Years next after the passing of this Ordinance, and that no Person shall be convicted of any such Compassings, Immaginations, Inventions, Devices, or Intentions as aforesaid, in so far as the saine are expressed, uttered, or declared by open or advised Speaking as aforesaid, except upon his own Confession in open Court, or unless the Words so spoken shall be proved by Two credible Witnesses.

may be charged.

IV. It shall be lawful in any Information for any Felony under this Ordinance, to In Informations more charge against the Offender any number of the Matters, Acts, or Deeds, by which such than One Overt Act Compassings, Imaginations, Inventions, Devices or Intentions as aforesaid, or any of them, shall have been expressed, uttered, or declared.

V. Provided always that nothing herein contained shall lessen the Force of, or in Nothing herein to any manner, affect anything enacted by the Statute passed in the Twenty-fifth Year of faffect 25 Edward 3, KING EDWARD the Third,-A Declaration which Offences shall be adjudged Treason.

chap. 2.

dinance valid though

VI. If the Facts or Matters alleged in an Information for any Felony under this Informations for Ordinance, shall amount in Law to Treason such Information shall not by reason thereof, Felony under this Or- be deemed void, erroneous or defective; and if the Facts or Matters proved at the Trial the Facts may of any Person charged with any Felony under this Ordinance, shall amount in Law to amount to Treason. Treason, such Person shall not, by reason thereof, be entitled to be acquitted of such Felony; but no Person tried for such Felony shall be afterwards prosecuted for Treason upon the same Facts.

of Accessories before

VII. In the case of every Felony punishable under this Ordinance, every Principal as to the Punishment in the Second Degree and every Accessory before the Fact shall be punishable in and after the Fact. the same manner, as the Principal in the First Degree is by this Ordinance punishable; and every Accessory after the Fact to any such Felony shall, on Conviction, be liable to be Imprisoned with or without Hard Labor, and with or without Solitary Confinement,

any Term not exceeding Two Years.

for

VIII. This Ordinance shall commence and take effect on such Day as shall here- Commencement of after be fixed by Proclamation under the Hand of the Governor.

Passed the Legislative Council of Hongkong, this 23rd Day of May, 1868.

L. D'ALMADA E CASTRO,

Clerk of Councils.

Ordinance.