the-ordinances-of-the-legislative-counci-1890v3 — Page 146

ORDINANCE No. 8 OF 1876 . 1429


Deportation and Conditional Pardons.


No. 8 of 1876 .

An Ordinance to consolidate and amend the Ordinances relating to Title.

Deportation , Conditional Pardons, the Branding and Punishment of
certain Criminals, and the Ordinance No. 9 of 1857 , entitled " An

amended Ordinance for better Securing the Peace of the Colony."

[ 11th December , 1876. ]

HEREAS it is expedient to consolidate and amend the enactments now in force Preamble.
W in this Colony in reference to deportation , conditional pardons , the branding
and punishment of certain criminals, and Ordinance No. 9 of 1857 entitled " An
amended Ordinance for better securing the peace of the Colony ; " Be it enacted by
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :

1. This Ordinance may be cited for all purposes as " The Deportation and Short title.
Conditional Pardons Consolidation Ordinance, 1876."
""
2. In the construction of this Ordinance, the expression " order of deportation Interpretation
clause.
shall mean an order of the Governor in Council, prohibiting a person from residing or [See Ord. 4 of
1871, sec. 1.]
being within this Colony, for a term not exceeding five years.

3. Any Justice of the Peace may lawfully arrest , or cause to be arrested, with or Power to arrest
and keep
without warrant, any person whom he shall reasonably suspect to be an emissary or suspected
emissaries or
abettor of Her Majesty's enemies, or of pirates, or of Chinese disaffected to Her abettors of
enemies.
[See Ord, 9 of
Majesty's Government, or otherwise dangerous to the peace and good order of this 1857, sec. 6.]
Colony, and him safely keep until he can be dealt with according to law.

4. Any Magistrate, or Justice of the Peace may cause any Chinese person to find Security to
appear within
reasonable security for his appearance in any Court for any purpose, and at any time twelve months.
[See Ord, 8 of
1858 , sec. 21.]
within twelve months, and every adjudication to that effect shall be made in open
Court, and reported forthwith to the Governor ; and such Chinese not finding such
security shall be deemed a person dangerous to the peace of the Colony, and be liable
to deportation under section 5 of this Ordinance.

5. The Governor in Council may, by order under his hand, prohibit any person Power to deport
for five years.
not being a natural born or naturalised subject of Her Majesty from residing or being [See Ord. 9 of
1857, sec. 7, and
within this Colony during any space of time not exceeding five years, and may by the Ord. 4 of 1871,
sec. 2.]
same or any subsequent order under his hand , fix the time for the departure of such
person from the Colony.

6. Every person who either before or after the passing of this Ordinance shall Penalty for
disobedience to
or violation of
have been prohibited by order of the Governor in Council from residing or being order of
deportation.
within this Colony for any space of time not exceeding five years under the provisions [See Ord. 4 of
1871, sec. 3.]
of this or any other Ordinance, and who without lawful authority or excuse, the proof
of which shall lie upon him, shall be in this Colony after the date of such order, or