ORDINANCE No. 7 of 1870.
Conditional Pardons—Deportation.
No. 7 of 1870.
An Ordinance for the Punishment of deported Criminals and other Persons dangerous to the Peace and good Order of the Colony, who may be found at large before the Expiration of the Period of their Deportation.
[18th August, 1870.]
WHEREAS by reason of the proximity of the Island of Hongkong, to the mainland of China, Chinese subjects who have been convicted of crimes and to whom a pardon has been granted by the Governor on condition of their quitting the Colony, are often found at large therein in violation of such condition; And whereas other Chinese subjects who are deemed dangerous to the peace and good order of the Colony, and who have been deported therefrom by the Governor for a period of years often return before the expiration of the term of their deportation; And whereas it is expedient to adopt stringent measures for the punishment of such offenders and for the better security of the Colony and of the residents therein: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Section 2 of Ordinance No. 1 of 1860 is hereby repealed.
Title.
Preamble.
Repeal.
1058
Penalty for breach of conditional pardon.
2. If any offender to whom a pardon shall have been granted under Ordinance No. 1 of 1860, on condition of his quitting the Colony, be afterwards found at large therein without lawful cause, and in violation of such condition, he shall be guilty of felony and upon conviction thereof before the Supreme Court, shall be liable to penal servitude for a period not exceeding seven years nor less than three years, or to imprisonment with hard labor for any term not exceeding two years, and at the expiration thereof shall be re-deported by the sentence of the Court for the term of his life.
3. If any person who shall have been deported from this Colony under Ordinance No. 9 of 1857, shall be found at large therein without lawful cause before the expiration of the term for which he shall have been deported, he shall be guilty of a misdemeanor and on conviction thereof before the Supreme Court, shall be liable to imprisonment with hard labor, for any term not exceeding two years and shall be re-deported by the sentence of the Court for any period not exceeding five years to commence from the expiration of such sentence of imprisonment.
Penalty for returning from deportation.
Penalty for returning from deportation by sentence of the Court.
4. If any person who shall have been re-deported by sentence of the Supreme Court under this Ordinance, shall be found at large within the Colony without lawful cause before the expiration of the term specified in such sentence he shall be guilty of felony, and so often as he shall be convicted thereof before the Supreme Court, he shall be liable to the punishment prescribed by section 2, and in addition to such punishment the Supreme Court may direct that the offender, if a male, be once, twice or thrice publicly or privately whipped in the manner prescribed by and subject to the provisions of Ordinance No. 12 of 1860.
ORDINANCE No. 7 or 1870.
Conditional Pardons—Deportation.
No. 7 of 1870.
An Ordinance for the Punishment of deported Criminals and other Persons dangerous to the Peace and good Order of the Colony, who the same before the Expiration of the
may be found at large Un
Period of their Deportation.
[18th August, 1870.]
HEREAS by reason of the proximity of the Island of Hongkong, to the mainland of China, Chinese subjects who have been convicted of crimes and to
W whom a pardon has been granted by the Governor on condition of their quitting the
Colony, are often found at large therein in violation of such condition; And whereas other Chinese subjects who are deemed dangerous to the peace and good order of the Colony, and who have been deported therefrom by the Governor for a period of years often return before the expiration of the term of their deportation; And whereas it is. expedient to adopt stringent measures for the punishment of such offenders and for the better security of the Colony and of the residents therein: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Section 2 of Ordinance No. 1 of 1860 is hereby repealed.
Title.
Preamble.
Repeal.
1058
Penalty for breach of
pardon.
2. If any offender to whom a pardon shall have been granted under Ordinance No. 1 of 1860, on condition of his quitting the Colony, be afterwards found at large conditional therein without lawful cause, and in violation of such condition, he shall be guilty of felony and upon conviction thereof before the Supreme Court, shall be liable to penal servitude for a period not exceeding seven years nor less than three years, or to imprisonment with hard labor for any term not exceeding two years, and at the expiration thereof shall be re-deported by the sentence of the Court for the term of his life.
3. If any person who shall have been deported from this Colony under Ordinance No. 9 of 1857, shall be found at large therein without lawful cause before the expira- tion of the term for which he shall have been deported, he shall be guilty of a misdemeanor and on conviction thereof before the Supreme Court, shall be liable to imprisonment with hard labor, for any term not exceeding two years and shall be re-deported by the sentence of the Court for any period not exceeding five years to commence from the expiration of such sentence of imprisonment.
Penalty for returning from deportation.
Penalty for returning from deportation by sentence of the
4. If any person who shall have been re-deported by sentence of the Supreme Court under this Ordinance, shall be found at large within the Colony without lawful cause before the expiration of the term specified in such sentence he shall be guilty of Court. felony, and so often as he shall be convicted thereof before the Supreme Court, he shall be liable to the punishment prescribed by section 2, and in addition to such punishment the Supreme Court may direct that the offender, if a male, be once, twice or thrice publicly or privately whipped in the manner prescribed by and subject to the provisions of Ordinance No. 12 of 1860.
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