62
THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1865.
Having Gunpowder to Commit Offence, and searching for the same.
Gunpowder with in-
Ordinance.
Magistrate may is- sue Warrant for
&c.
Making or having LXII. Whosoever shall knowingly have in his possession, or make or manufacture, fent to commit any any Gunpowder, explosive Substance, or any dangerous or noxious Thing, or any Machine, Felony against this Engine, Instrument, or Thing, with intent by means thereof to commit any, or for the purpose of enabling any other Person to commit, any of the Felonies in this Ordinance mentioned or any Felony or Misdemeanor shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Soli tary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
LXIII. Upon reasonable cause assigned upon Oath by any Person that any such f searching Houses,&c., Gunpowder, or other explosive, dangerous, or noxious Substance or Thing, or any such for such Gunpowder, Machine, Engine, Instrument, or Thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the Felonies or Misdemeanors in this Ordi- nance mentioned, a Police Magistrate may issue a Warrant under his land for searching, in the Day-time, any House, Mill, Magazine, Storehouse, Warehouse, Shop, Cellar, Yard, or other Place, or any Carriage, Waggon, Cart, Ship, Boat, or Vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned: and the same Substances and Things shall be brought before a Police Magistrate, and, upon due Proof that the same has been made, kept, or carried for any of the purposes aforesaid whether in the presence or absence of the Owner of the same Substances and Things, a Police Magistrate may declare the same to be and the same shall be forfeited accordingly; and every Police Magistrate and Person acting in the execution of any such Warrant shall have, for seizing, removing to proper places, and detaining all such Gunpowder, explosive, dangerous, or noxious Substances, Machines, Engines, Instruments, or Things, found upon such Search, which he shall have good cause to suspect to be intended to be used in committing any such Offence, and the Barrels, Packages, Cases, and other Receptacles in which the same shall be, the same powers and protections which are given by Ordinance No. 10 of 1844.
A Person loitering
at night and suspected
apprehended.
Punishment of
LXIV. Any Constable or Peace Officer may take into Custody, without a Warrant, of any Felony may be any Persons whom he shall find lying or loitering or being in any Highway, Yard, or other Place during the Night, and whom he shall have reasonable cause to suspect of having committed or being about to commit or intending to commit any Felony or Misdemeanor in this Ordinance mentioned or Felony or Misdemeanor and shall take such Person, as soon as reasonably may be, before a Police Magistrate, to be dealt with according to Law.
LXV. In the case of every Felony, punishable under this Ordinance, every Prin Principals in the Se- cipal in the Second Degree, and every Accessory before the fact, shall be punishable in the same manner as the Principal in the First Degree is by this Ordinance punishable; and every Accessory after the fact to any Felony punishable under this Ordinance (except Murder) shall be liable to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and every Accessory after the fact to murder shall be liable, at the discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and whosoever shall conceal, aid, or abet the commission of any indictable Misdemeanor, punishable under this Ordinance, shall be liable to be proceeded against, indicted, and punished as a principal Offender.
cond Degrees and Accessories.
Hard Lobour.
Solitary Confine-
LXVI. Whenever Imprisonment, with or without Hard Labour, may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, in any Cominon Goal or on any Public Work and whatever Labour shall be assigned by the Superintendent of the Goal to any Convict shall be considered to be Hard Labour, within the meaning of his Sentence, and every Offender shall be deemed to be in lawful custody under the Sentence when employed in any Labour with or without the Goal and in going to and returning from the same.
LXVII. Whenever Solitary Confinement may be awarded for any Offence under this ment and Whipping. Ordinance, the Court may direct the Offender to be kept in Solitary Continement for any portion or portions of any Imprisonment, or of any Imprisonment with Hard Labour. which the Court may award, not exceeding One Month at any One Time, and not exceed ing Three Months in any One Year; and whenever Whipping may be awarded for any Offence under this Ordinance, the Court may sentence the Offender to be once or oftener privately whipped, and the number of Strokes and the Instrument with which they shall be inflicted shall be specified by the Court in the Sentence.
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