SUPPRESSION OF DESERTION ORDINANCE, 1852

SUPPRESSION OF DESERTION ORDINANCE, 1852

1845.

No. 1 of 1845, repealed bv No. 10 of 1932.

1851.

No. 1 of 1851, repealed by No, 25 of 1930.

1852.

No. 1 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
force, naval and military.

[18th 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 offer person
whatsoever, who

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

(2) by. words or by any other means whatsoever, attempts
to procure 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 con-
cealing himself,

shall be guilty of a misdemeanor, and shall upon 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 anv one or more of the above-mentioned offences
shall, in addition to the penalty above provided, forthwith 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
he may consider should be investigated there.
[1.1.33.] [5.12.30.][Originally No. 2 of 1852.] 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 in conviction Case may be referred to Supreme Court.

[1.1.33.] [5.12.30.][Originally No. 2 of 1852.] 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 in conviction Case may be referred to Supreme Court.

https://oelawhk.lib.hku.hk/items/show/1378

1937

v1

No. 1 of 1852

2