710492-1868-GOVERNMENT-NOTIFICATION — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 14TH NOVEMBER, 1868.

except as to Offences against the

Person of the

Sovereign.

Offences de-

nance to be

-

punishable by

Penal Servi- tude or Im- prisonment.

chap. 6, not to the Third, Chapter Seven, made perpetual by an Act of the Im- be of Force in perial Parliament of the Fifty-seventh Year of the same Reign, this Colony Chapter Six, and all the Provisions of the last mentioned Act in relation thereto, save such of the same respectively as relate to the Compassing, Imagining, Inventing, Devising, or Intending Death or Destruction, or any bodily Harm tending to Death or Destruc- tion, Maim or 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 Inten- tions, or any of them, shall cease to be of Force in this Colony.

III. If any Person whatsoever after the passing and coming clared Felonies into Operation of this Ordinance shall, within this Colony, compass, by this Ordi- imagine, invent, devise, or intend to deprive or depose our Most Gracious Lady the QUEEN, Her Heirs or Successors from the Style, Honor, or Royal Name of the Imperial Crown of the United Kingdom 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 Kingdom, 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.

Time within

Warrant issued, &c.

IV. Provided always that no Person shall be prosecuted for which Prose any Felony by virtue of this Ordinance in respect of such Com- cution shall be passings, Imaginations, Inventions, Devices or Intentions as commenced, aforesaid, in so far as the same are expressed, uttered, or declared by open 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 Informa- tion shall have been given as aforesaid, and that no Person shall be convicted of any such Compassings, Imaginations, Inventions, Devices, or Intentions as aforesaid, in so far as the same are ex- pressed, 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.

V. It shall be lawful in any Information for any Felony tions more than under this Ordinance, to charge against the Offender any number One Overt Act of the Matters, Acts, or Deeds, by which such Compassings, Ima- may be

ginations, Inventions, Devices, or Intentions as aforesaid, or any charged.

of them, shall have been expressed, uttered, or declared.

In Informa-

Nothing herein to affect 25 Edward 3, chap. 2.

Informations

for Felony

dinance valid

though the

VI. Provided always that nothing herein contained shall lessen the Force of, or in any Manner, affect anything enacted by the Statute passed in the Twenty-fifth Year of KING EDWARD the Third, A Declaration which Offences shall be adjudged Treason.

VII. If the Facts or Matters alleged in an Information for any Felony under this Ordinance, shall amount in Law to Treason under this Or- such Information shall not by reason thereof, be deemed void, erroneous or defective; and if the Facts or Matters proved at the Trial of any Person charged with any Felony under this Ordinance, shall amount in Law to 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.

Facts may

amount to Treasca.

As to the

Accessories

before and

VIII. In the case of every Felony punishable under this Punishment of Urdinance, every Principal in the Second Degree and every Accessory before the Fact shall be punishable in the same Manner, after the Fact, as the Principal in the First Degree is by this Ordinance punish- able; 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, for any Term not exceeding Two Years.

Commence-

IX. This Ordinance shall commence and take Effect on such ment of Ordi- Day as shal' hereafter be fixed by Proclamation under the Hand

of the Governor.

nance.