the-ordinances-of-the-legislative-counci-1890 — Page 299

ORDINANCE No. 2 of 1852 . 263


Magistrates' Powers- Suppression of Desertion.


No. 2 of 1852.

An Ordinance to increase in certain Cases the Powers of Magis- Title .

trates as regards Publicans, Boarding-house Keepers, and
others, with the view of Suppressing Desertion in Her Ma

jesty's Forces, Naval and Military, within the Colony of

Hongkong.
[ 18th May, 1852. ]

HEREAS the offence of desertion in Her Majesty's forces , naval and Preamble.
WHE
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 and ordained by His Excellency the Acting Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. Any publican or keeper of a boarding-house, or any other person Publicans,
boarding
whatsoever, who shall by words or by any other means whatsoever , di house keepers ,
or others, in
rectly or indirectly, procure any soldier, sailor, or marine, to desert , or ducing sol
diers, sailors,
shall by words or by any other means whatsoever attempt to procure or or marines to
desert, liable
persuade any soldier, sailor , or marine to desert, and any publican or to be fined to
the extent of
keeper of a boarding-house, or other person whatsoever who, know £ 100.
ing that any soldier , sailor, or marine is about to desert, shall aid or assist
him in deserting, or, knowing any soldier, sailor , or marine to be a de
serter, shall conceal such deserter, or aid or assist such deserter in con

cealing himself, shall be deemed guilty of a misdemeanour, and shall , on
conviction thereof, in a summary manner, before the person for the time
being filling the office of * Chief or Assistant Magistrate of Police, and any [ * See Ord. No.
6 of 1862.]
two other Magistrates , be liable for every such offence to a fine not ex
ceeding one hundred pounds sterling ; and in default of payment of such How penalty
to be levied.
fine, the same shall be levied by distress and sale (with the costs and
charges consequent thereon ) of the goods and chattels of the offender, the
overplus , if any, after deducting the charges of such distress and sale, to
be rendered to the said offender : Provided , that if upon the return of
the officer charged with the execution of the said distress , it shall appear
that no sufficient distress can be found , or the party adjudged to pay any

money shall at the time of the said adjudication or conviction declare , or
it shall otherwise appear, that he has no goods or chattels on which the
said distress can be levied, then the convicting Magistrates , or any of them ,

may by warrant commit such offender to one of Her Majesty's gaols , with