715037-1865-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO-4-OF-1865- — Page 9

THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.

299

Making Gunpowder to commit Offences and searching for the same.

tent to commit any

Ordinance.

59. Whosoever shall knowingly have in his Possession, or make or manufacture, Making or having Gunpowder, explosive Substance, or any dangerous or noxious Thing, or any Machine, Gunpowder with In- Engine, Instrument, or Thing, with Intent by means thereof to commit or for the Felony against this purpose of enabling any other Person to commit, any of the Felonies in this Ordinance mentioned shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, st the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.

sue Warrant for

60. Upon reasonable Cause assigned upon Oath or Declaration by any Person that Magistrate may is- any such Gunpowder, or other explosive, dangerous, or noxious Substance or Thing, or searching Houses,&c., any such Machine, Engine, Instrument, or Thing, is suspected to be made, kept, or for such Gunpowder, carried for the purpose of being used in committing any of the Felonies in this Ordinance mentioned, a Police Magistrate may issue a Warrant under his Hand and Seal for arching, in the Day-time, any House, Mill, Magazine, Storehouse, Warehouse, Shop, Cellar, Yard, Wharf, 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 of the

aforesaid whether in the Presence or Absence of the Owner of any

purposes the same Substances and Things, à 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.

t

Other Matters.

at night and suspected of any Felony may be

apprehended.

61. Any Constable or Peace Officer may take into Custody, without a Warrant, A Person loitering any Person 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 and shall take such Person, as soon as rea- sonably may be, before a Police Magistrate, to be dealt with according to Law.

cond Degrees and

62. In the Case of every Felony, punishable under this Ordinance, every Principal Punishment of - in the Second Degree, and every Accessory before the Fact, shall be punishable in the Principals in the Se- same Manner as the Principal in the First Degree is by this Ordinance punishable; and Accessories.

very 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 hot 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.

63. Whenever Imprisonment, with or without Hard Labour, may be awarded for any indictable Offence under this Ördinance, the Court may sentence the Offender to be aprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4 of 1863, Section XV.

Hard Labour.

ment.

64. Whenever Solitary Confinement may be awarded for any Offence under this Solitary Confine- Ordinance, the Court may direct the Offender to be kept in Solitary Confinement 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 ex- ceeding Three Months in any One Year.

ing the Peace to bg

65. Whenever any Person shall be convicted of any indictable Misdemeanor, punish- In what Cases Fine able under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu and Sureties for keep-

any Punishment by this Ordinance authorized, fine the Offender, and require him to awarded. enter into his own Recognizances, and to find Sureties, both or either, for keeping the