the-ordinances-of-the-legislative-counci-1890v3 — Page 304

ORDINANCE No. 4 OF 1881 . 1587


Banishment and Conditional Pardons.


with 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 banishment under section
4 of this Ordinance.

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

5. Every person who has been prohibited by order of the Governor in Council Penalty for dis
obedience to or
violation oforder
from residing or being within this Colony for any space of time not exceeding five years ofbanishment.
[See Ord. 4 of
under the provisions of this or any other Ordinance, and who without lawful authority 1871, sec. 3.]
or excuse, the proof of which shall lie upon him, is in this Colony after the date of
such order, or after the time fixed for his departure, and before the expiration of the
term of his banishment, shall be guilty of a misdemeanor, and upon conviction thereof
shall be liable to imprisonment, with or without hard labour, for any period not
exceeding one year : Provided that in all cases in which the prisoner when brought
before a Magistrate upon such charge shall plead guilty thereto, it shall be lawful for
the Magistrate to deal summarily with the case, instead of committing the prisoner
for trial at the Supreme Court.

6. The Governor may in his discretion grant to any offender convicted of any Governor may
grant pardon
crime a pardon subject to either of the following conditions, as the case may be, viz.: subject to con
ditions of offen
ders leaving the
That such offender shall quit the Colony and not afterwards be found at large therein ; Colony.
[See Ord. 1 of
or that such offender shall, in lieu of a sentence of death which may have been passed 1860, sec. 1.]
upon or recorded against him by any Court of competent jurisdiction , suffer such term
of imprisonment, with or without hard labour, or penal servitude, as the Governor
may think fit.

7. If any offender to whom a pardon has been granted either before or after the Breach of con
ditional pardon.
passing of this Ordinance, on the condition of his quitting the Colony, be afterwards
found at large therein without lawful authority or excuse, the proof whereof shall lie
upon him, he shall be guilty of a felony or of a misdemeanor, according to the nature
of the offence for which he received such conditional pardon , and shall, on conviction ,
be liable, to any sentence not exceeding the whole of his original or commuted sentence ,
such sentence to commence from the date at which he is tried and convicted under this
Ordinance : Provided that in all cases in which the prisoner when brought before a
Magistrate upon such charge shall plead guilty thereto, it shall be lawful for the
Magistrate to deal summarily with the case, and to remit him to gaol to undergo any
sentence not exceeding the whole of his original or commuted sentence, instead of
committing him for trial at the Supreme Court.

8. Whenever it seems expedient that any prisoner convicted of any crime, and Governor in
Council may
actually undergoing sentence of imprisonment should be released and banished , it shall banish prisoners .

be lawful for the Governor in Council to order such prisoner to be banished.