1901_SUPPRESSION_OF_DESERTION_ORDINANCE__1852 — Page 2

.D. 1851.

1 Courts

851.]

inions of : Chinese rposes of

of action lings are evidence rpose of olony:

e advice

vil Pro-

y shall

persons cause of

3 been a of com- ause of

ined in id exer-

to ap- at such

contem-

Magis- and esty's

2.]

A.D. 1852.]

SUPPRESSION OF DESERTION.

[No. 1.

25

WH

WHEREAS the offence of desertion in Her Majesty's Forces, Naval and Military, serving in this Colony, has of late considerably increased; and whereas such offence has heretofore had inception in, and facility of commission from, public and boarding houses and other places: Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :--

1. This Ordinance may be cited as the Suppression of Desertion Short title. Ordinance, 1852.

tion of terin.

2. For the purposes of this Ordinance, the word “Sailor" shall be Interpreta- deemed to extend to every person serving for the time being in any ship then under the orders of the Commander-in-Chief of Her Majesty's Naval Forces in the East Indies and China Sens.

3. Any publican or keeper of a hoarding-house, or any other person. Penalty on whosoever, who,---

procure

publican, boarding-

or other per- son inducing soldier, sailor, or marine to desert, etc.

(1.) by words or by any other means whatsoever, directly or indirectly house keeper.

procures any soldier, sailor, or marine to desert; or, (2.) by words or by any other means whatsoever, attempts to or persuade any soldier, sailor, or marine to desert; or, (3.) knowing that any soldier, sailor, or marine is about to desert,

aids or assists him in deserting; or,

(4.) knowing any soldier, sailor, or marine to be a deserter, conceals such deserter, or aids or assists such deserter in concealing him- self,

shall be deemed guilty of a misdemeanor, and shall, on conviction thereof in a summary manner before a Magistrate, be liable for every such offence to a penalty not exceeding one thousand dollars,

4. A portion not exceeding one-half of every such penalty shall be payable to the person or persons by whose information or evidence the conviction of such offender is made.

Portion of pe walty payable

to informer.

publican, etc.,

5. Any publican or keeper of a hoarding-house who is convicted – Forfeiture of of any one or more of the above-mentioned offences shall, in addition to licence of the penalty above provided, forthwith forfeit any licence or licences then convicted held by him as a publican or boarding-house keeper in the Colony, Ordinance. and he shall be and is hereby declared incapable of holding thereafter any licence as such publican or boarding-house keeper within the Col-

ony.

under the

case for tria!

6. Nothing in this Ordinance shall prevent any Magistrate acting Saving of under this Ordinance from sending any case arising out of any of the right to refor said offences for trial at the Supreme Court, which, in the exercise of his at Supreme discretion, he may consider should be investigated there.

Court.