SUPPRESSION OF DESERTION ORDINANCE, 1852

SUPPRESSION OF DESERTION ORDINANCE, 1852

No. l of 1852.

An Ordinance to increase the powers of magistrates as
regards publicans, boarding-house keepers, and others,
with the view of suppressing desertion in His Majesty's
forces, naval and military.
[l8th May, 1852.]
WHEREAS the offence of desertion from His 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:-

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

2. In this Ordinance, sailor shall be deemed to extend
to every person serving for the time being in any ship then
under the orders of the Commander-in-Chief of His Majesty's
Ships and vessels employed on the China Station.

3. Any publican or keeper of a boarding-house, or any
other person whatsoever, who-

(1) by words or by any other means whatsoever, directly
or. indirectly procures any soldier, sailor, or marine to desert
or

(2) by words or by any other means whatsoever, attempts
or persuade, any soldier, sailor, or marine to



As. amended by Law Rev. Ord., 1923.

(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 himself,
shall be guilty of a misdemeanor, and shall upoll summary
conviction be liable to a fine not exceeding, one thousand
dollars.

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

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

6. Nothing in this Ordinance shall prevent, a magistrate
acting under this Ordinance from sending any case arising
out of any of the said offences for trial to the Supreme Court,
which be may consider sbould be investigated there.
[Originally No. 2 of 1852. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty on publican or boarding-house keeper inducing soldier or sailor to desert. Portion of penalty payable to informer. Forfeiture of licence on conviction. Case may be referred to Supreme Court.

[Originally No. 2 of 1852. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty on publican or boarding-house keeper inducing soldier or sailor to desert. Portion of penalty payable to informer. Forfeiture of licence on conviction. Case may be referred to Supreme Court.

https://oelawhk.lib.hku.hk/items/show/1059

1923

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No. 1 of 1852

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