OFFENCES AGAINST THE PERSON ORDINANCE, 1865

OFFENCES AGAINST THE PERSON ORDINANCE, 1865

No. 2 of 1865.

An Ordinance to consolidate and amend the laws relating to
offences against the person.
[14th June, 1865.]

1. This Ordinance may be cited as the Offences against the
Person Ordinance, 1865.

Homicide.

2. Every person who is convicted of murder shall suffer
death as a felon.

3. On every conviction for murder the court shall pronounce
sentence of death, and the same may be carried into execution,
and all other proceedings upon such sentence and in respect
thereof may be had and taken, in the same manner in all
respects as sentence of death might have been pmnounced and
carried into execution, and all other proceedings thereupon and
in respect thereof might have been had and taken, before the
commencement of this Ordinance, on a conviction for any other
felony for which the prisoner might have been sentenced to
suffer death as a felon.

4. The body of every person executed for murder shall be
buried in such place as the Governor may order, and the
sentence of the court shall so direct.





5. *All persons who within this Colony conspire, con-
federate, and agree to murder any person, whether he is a
subject of His Majesty or not and whether he is within His
Majesty's dominions or not, and every person who within this
Colony solicits, encourages, persuades or endeavours to persuade,
or proposes to any person to murder any other person, whether
he is a subject of His Majesty or not and whether he is within
His Majesty's dominions or not, shall be guilty of a mis-
demeatior, and shall be liable to imprisonment for any term not
exceeding ten years.

6. Every offence which, before the commencement of the
Act 9 George 4, chapter 31, entitled ' An Act for consolidating
and amending the Statutes in England relative to Offences
against the Person,' would have amounted according to the
law of England to petit treason shall be deemed to be murder
only, and no greater offence; and all persons guilty in respect
thereof, whether as principals or as accessories, shall be dealt
with, indicted, tried, and punished as principals and accessories
in murder.

7. Every person who is convicted of manslaughter shall be
liable to imprisonment for life and to pay such fine as the court
may award.

8. No punishment or forfeiture shall be incurred by any
person who kills another by misfortune, or in his own defence,
or in any other manner without felony.

9. Where any person being feloniously stricken, poisoned,
or otherwise hurt at any place in this Colony dies of such
stroke, poisoning, or hurt upon the sea or at any place out of
this Colony, every offence committed in respect of any such
case, whether the same amounts to the offence of murder, or
of manslaughter, or of being accessory to murder or man-
slaughter, may be dealt wiih, inquired of, tried, determined,
and punished in this Colony in which such stroke, poisoning,
or hurt happens, in the same manner in all respects as if such
offence had been wholly committed in this Colony.

See No. 10 of 1886, Second Schedule.





Attempts to murder.

10. *Every person who-

(1) administers to, or causes to be administered to, or to
be taken by any person any poison or other destructive thing
or

(2) by any means whatsoever, wounds or causes any
grievous bodily harm to any person,

with intent in any of such cases to commit murder, shall be
guilty of felony, and shall be liable to imprisonment for life.

11. *Every person who, by the explosion of gunpowder or
any other explosive substance, destroys or damages any building
with intent to commit murder shall be guilty of felony, and shall
be liable to imprisonment for life.

12. *Every person who-

(1) sets fire to any ship or vessel, or any part thereof, or
any part of the tackle, apparel, or furniture thereof, or any
goods or chattels heing therein ; or


(2) casts away or destroys any ship or vessel,
with intent in any of such cases to commit murder, shall be
guilty of felony, and shall be liable to imprisonment for life.

13. *Every person who-

(1) attempts to administer to, or attempts to cause to be
administered to or to he taken by any person any poison or other
destructive thing; or

(2) shoots at any person ; or

(3) by drawing a trigger or in any other manner, attempts
to discharge any kind of loaded arms at any person ; or

(4) attempts to drown, suffocate, or strangle any person,
with intent in any of such cases to commit murder, shall, whether
any bodily injury is effected or not, be guilty of felony, and
shall be liable to imprisonment for life.

See No. 10 of 1886 Second Schedule.






14. *Every person who, by any means other than those
specified in any of the preceding sections, attempts to commit
murder shall be-guilty of felony, and shall be.liable to imprison-
ment for life.

Letters threatening to inurder.

15. *Every person who maliciously sends, delivers, or
utters, or directly or indirectly causes to be received, knowing
the contents thereof, any letter or writing threatening to kill or
murder any person shall be guilty of felony and shall be liable
to imprisonment for any term not exceeding ten years, and, if a
male under the age of sixteen years, with or without whipping.

Acts causing or tending to cause danger to life, etc.

16. Every person who-

(i) unlawfully and maliciously prevents or impedes any
person being on board of or having quitted any ship or vessel
which is in distress, or wrecked, stranded, or cast on shore, in
his endeavour to save his life; or

(2) unlawfully and maliciously prevents or impedes an),
person in his endeavour to save the life of any such person as
in this section first aforesaid,

shall be guilty of felony, and shall be liable to imprisonment
for life.

17. *Every person who-

(i) unlawfully and maliciously, by any means whatsoeverY
wounds, or causes'any grievous bodily harm to any person; or

(2) shoots at any person ; or,

(3) by drawing a trigger or in any other manner, attempts
to discharge any kind of loaded arms at any person,

with intent in any of such cases to maim, disfigure, or disable
any person or to do some other grievous bodily harm to anv
p erson, or with intent to resist or prevent the lawful appreherl-
sion or detainer of any person, shall he guilty of felony, and
shall he liable to imprisonment for life.

See No. lO of 1886, Second Schedule.






18. Any gun, pistol, or other arm which is loaded in the
barrel. with gunpowder or any other explosive substance, and
ball, shot, slug, or any other destructive material, shall be
deemed to be loaded arms within the meaning of this Ordinance,
although the attempt to discharge the same may fail from want
of proper priming or from any other cause.

19. *Every person who unlawfully and maliciously wounds
or inflicts any grievous bodily harm upon any other person,
either with or without any weapon or instrument, shall be guilty
of a misdemeanor, and shall be liable to imprisonment for any
term not exceeding three years.

20. *Every person who-

(i) by any means whatsoever, attempts to choke, suffocate,
or strangle any other person ; or

(2) by any means calculated-to choke, suffocate, or strangle,
attempts to render any other person insensible, unconscious,
or incapable of resistance,

with intent in any of such cases thereby to enable himself or
any other person to commit, or with intent.in any of such cases
thereby to assist any other person in. committing, any indictable
offence, shall be guilty of felony, and shall be liable to imprison-
ment for life.

21. *Every person who unlawfully applies or administers to
or causes to be taken by, or attempts to apply or administer
to, or attempts to cause to be administered to or taken by any
person any chloroform, laudanurn, pepper, or other stupefying
or overpowering drug, matter, or thing, with intent in any of
such cases thereby to enable himself or any other person to
commit, or with intent in any of such cases thereby to assist
any other person in committing, any indictable offence, shall be
guilty of felony, and shall be liable to imprisonment for life..

22. *Every person who unlawfully and maliciously ad-
ministers to, or causes to be administe;ed to or taken by, any
t other person any poison or other destructive or noxious thing,
so as thereby to endanger the. life of such person or so as thereby
to inflict upon such person any grievous bodily harm, shall be

See No. 10 of 1886, Second Schedule.





guilty of felony, and shall be liable to imprisonment for any
term not exceeding ten years.

23. *Every person who unlawfully and maliciously ad-
ministers to, or causes to he administered to or taken by, any
other person any poison or other destructive or noxious thing,
with intent to injure, aggrieve, or annoy such person, shall be
guilty of a misdemeanor, and shall be liable to imprisonment
for any term not exceeding three years.

24. If, on the trial of any person for any felony mentioned
in section 22, the jury are not satisfied that such person is
guilty thereof, but are satisfied that he is guilty of any mis-
demeanor mentioned in Section 23, the jury may acquit the
accused of such felony and find him guilty of such misdemeanor,
and thereupon he shall be liable to be punished in the same
manner as if he had been convicted on an indictment for such
misdemeanor.

25. Every person who-

(i) being legally liable, either as a master or mistress, to
provide for any apprentice or servant necessary food, clothing,
or lodging, wilfully and without lawful excuse refuses or neglects
to. provide the same; or

(2) unlawfully and maliciously does or causes to be done
any bodily harm to any such apprentice or servant,

so that the life of such apprentice or servant is endangered,
or the health of such apprentice or servant has been or is likely
to be permanently injured, shall be guilty of a misdemeanor,
and shall be liable to imprisonment for any term not exceeding
three years.

26. Every person who unlawfully abandons or exposes any
child, being under the age of two years, whereby the life of
such child is endangered, or the health of such child is or is
likely to be permanently injured, shall be guilty of a mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding three years.

See No. 10 of 1886, Second Schedule.





26A.-(i) If any person over the age of sixteen years who
has the custody, charge or care of any child or young person
tinder that age wilfully assaults, ill-treats, neglects, abandons
or exposes such child or young person or causes or procures
such child or young person to be assaulted, ill-treated, neglected,
abandoned or exposed in a manner likely to cause such child or
young person unnecessary suffering or injury to his health
(including injury to or loss of sight, or hearing, or limb, or
organ of the body, or any mental derangement) such person
shall be guilty of a misdemeanor and shall be liable-

(a) on conviction on indictment to a fine not exceeding one
thousand dollars and to imprisonment for any term not exceeding
two years; or

(b) on summary conviction to a fine not exceeding two
hundred and fifty dollars and to imprisonment for any term not
exceeding six months;

and for the purposes of this section a parent or other person
over the age of sixteen having the custody, charge or care of
a child or young person under that age shall be deemed to
have neglected him in a manner likely to cause injury to his
health if he fails to provide adequate food, clothing or lodging
for the child or young person, or if, being unable otherwise
to provide. such food, clothing or lodging, he knowingly and
wilfully fails to take steps to procure the same to be provided
by some authority, society or institution which undertakes to
make such provision for necessitous children or young persons.

(2) A person may be convicted of anoffence under this
section, either on indictment or by a court of summary juris-
diction, notwithstanding that actual suffering or injury to
health or the likelihood of such suffering or in'ury to health was
obviated by the action of another person.

(3) A person may be convicted of an offence under this
section, either on indictment or by a court of surnmary juris-
diction, notwithstanding the death of the child or young person
in respect of whom the offence is committed.

27. *Every person who unlawfully and maliciously, by
the explosion of gunpowder or ariv other explosive substance,

See No. 10 of 1886, Second Schedule.





burns, maims, disfigures, disables, or does any grievous. bodily
harm to any person shall be guilty of felony, and shall be
liable to imprisonment for life, and, if a male under the age of
sixteen years, with or without whipping,.

28. *Every person who unlawfully and maliciously-

(i) causes any gunpowder or other explosive substance to
explode; or

(2) sends or delivers to, or causes to be taken or received
by, any person any explosive substance or any other dangerous
or noxious thing; or

(3) puts or lays at any place, or casts or throws at or-upon
or otherwise applies to any person, any corrosive fluid or any
destructive or explosive suGstance,

with intent in any of such cases to burn, maim, disfigure, or
disable any person or to do some grievous bodily harm to any
person, shall ' whether any bodily injury is ef F ' ected or not, b c
guilty of felony, and shall be liable to imprisonment for life,
and, if a, male under the age of sixteen years, with or without
whipping.

29. *Every person who unlawfully and maliciously places
or throws in, into, upon, against or near any building, ship,
or vessel any gunpowder or other explosive ' substance, with
intent to do any bodily injury to an), person, shall, whether
or not any estplosion takes place and whether or not any bodily
injury is effected, be . guilty of felony, and shall he liable to
imprisonment for any term not exceeding fourteen years, and,
if a male under the age of sixteen years, with or without
whipping.

30.'-([) Every person who sets or places, or causes to
be set or placed, any spring gun, man trap,- or otlier engine
calculated to destroy human life or to inflict grievous bodily
harm, with intent that the same or whereby the same may
destroy or inflict grievous bodily harm upon a trespasser or other
person comine~ in contact t~lerewitti, shall be. guilty of a
misdemeanor, and shall be liable to imprisonment for any term
not exceeding three years.

Ste No. 10 of 16 - 86, Second S(hedule.





(2) Every person who knowingly and wilfully.pe rmits any such
spring gun, man trap, or other engine which may have been set or
placed in any place then being in or afterwards coming into his
possession or occupation by some other person to continue so set or
placed shall. be deemed to have set and placed such gun, trap, or
engine with such intent as aforesaid: Provided that nothing in this
section shall extend to make it illegal to set or place any gun or trap
such as rnay have been or may be usually set or placed with the intent
of destroying vermin:. Provided, also, that nothing in this section shall
be deemed to make it unlawful to set or place or cause to be set or
placed, or to be continued set or placed, from sunset to sunrise, any
spring gun, man trap, or other engine which is set pr placed, or caused
or continued to be set or placed, in a dwelling-house, for the protection
thereof.

30A.*-(i) Every person who unlawfully and maliciously puts or
throws upon or across any railway any wood, stone, or other matter.or
thing, or unlawfully and maliciously takes tip, removes, or displaces any
rail, sleeper, or other matter or thing belonging to any railway, or
unlawfully and maliciously turns, moves,' or diverts any points or other
machinery belonging to any railway, or unlawfully and maliciously
makes or shows, hides or removes, any signal or light upon or near to
any railway, or unlawfully and maliciously does or causes to be done
any other matter or. thing, with -intent, in any of the cases aforesaid,
to endanger the safety of any person travelling or being upon such
railway, shall be guilty of felony, and shall be liable to imprisonment for
any term not exceeding fourteen years, and, if a male under the age of
sixteen years, with or without whipping.

(2) Every person who unlawfully and maliciously throws, or
causes to fall or strike, at, against, into, or upon any engine, tender, ea-
rriage,- or truck used upon any railway, any wood, stone, or other
matter or thing, with intent to injure or endanger the safety of any
person being in or upon such engine, tender, carriage, or truck, or in or
upon any other engine, tender, carriage, or truck of any train of
which.such first-mentioned engine, tender, carriage, or truck shall
form part, shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding fourteen ye~ars.

See No. 10 of 1886, Second Schedule.





(3) Every person who, by any unlawful act, or by any wilful omission or
neglect,'endangers or causes to be endangered the safety of any. person
conveyed or being in or likely to be in or upon or near to a railway, or aids or
assists therein, shall be guilty.of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding two years.

(4) For the purposes of this section, ' railway ' shall include ' tramway

31. Every person who, having the charge of any. carriage or vehicle, by
wanton or furious driving or racikig or other wilful misconduct, or by
wilfulneglect, does or causes to be done any bodily harm to any person shall
be guilty of a misdemeanor, and shall be liable to imprisonment for any term
not exceeding two years.

Assaults.

32. Every person who-.

(i) by threats or force, obstructs or prevents, or endeavours
to obstruct or prevent, any clergyman or other minister in or
from celebrating divine service or otherwise officiating in any
church, chapel, meeting house, or other place of divine worship,
or in or from the performance of his duty in the lawful burial
of the dead in any churchyard or other burial place; or

(2) strikes or offers any violence to, or upon any civil process, or under
the pretence of executing any civil process, arrests, any clergyman or other
minister who is engaged in, or, to the knowledge of the offender, is about to
engage in, any of the rites or duties in this section aforesaid, or who, to the
knowledge of the offender, is going to perform the same or is returning from
the performance thereof,

shall be guilty of a misdemeanor, and shall be liable to imprisonment for any
term not exceeding two years.

33. Every person who assaults and strikes or wounds any inagis . trate,
justice of the peace, officer, or other person whomsoever lawfully
authorized, in or on account of tile exercise of his duty in or concerning the
preservation of any vessel in distress, or of any vessel, goods, or effects
wrecked, stranded, or cast on shore, or lying under water, shall be guilty of.a
misdemeanor, and shall be liable to imprisonment for an), term not exceeding
seven years.





34. *Every person who-

(i) assaults any person with intent to commit felony; or

(2) assaults,. resists, or wilfully obstructs. any police officer
in the due execution of his duty or any person acting in aid
of such officer; or

(3) assaults any person with intent to resist or prevent the
lawful apprehension or detainer of himself or of any other
person for any offence,

shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding two years.

[ss. 35 and .36, 7ep. No. 5 of 1924.1

37. *Every person who, in pursuance of any unlawful
combination or conspiracy to raise the rate of wages, or of
any unlawful combination or conspiracy respecting any trade,
business, or manufacture, or respecting any person concerned
or employed therein, . unlawfully assaults any person, sliall be
guilty of a misdemeanor, and shall be liable to imprisonment
for any term not exceeding two years.

38. *When any person is charged before any magistrate
with an assault or battery upon any male child whose age
does not, in the opinion of the magistrate, exceed fourteen years,
or upon any female, either on the complaint of the party
aggrieved or otherwise, the. magistrate may proceed to hear and
determine the same in a summary way, and may convict the
person accused ; and such offender shall be - liable to imprison-
ment for any term not exceeding six months or to a fine not
exceeding (together with costs) one hundred dollars, and, if
the magistrate thinks fit, in any of the said cases, shall be bound
to keep the peace and be of good behaviour for any period not
exceeding six months from the expiration of such sentence.

39. If the magistrate, on the hearing of any case of assault
or battery upon the merits, where the complaint is preferred
by or on *beha'lf of the party aggrieved, deems the offence not
to be proved, or finds the assault or battery to have been
justified or so trifling as not to merit any punishment, and

See No. 10 f 1886, Second Schedule.





accordingly dismiss es the complaint, he shall forthwith make out
a certificate under his hand stating the fact of such dismissal,
and shall deliver.such certificate to the party against whom the
complaint was preferred.

40. If any person against whom any such coniplaint is
preferred by or on behalf of the party aggrieved obtains such
certificate of dismissal, or, having been convicted, pays the whole
amount adjudged to be paid, or suffers the imprisonment
a-warded, in every such case he shall be released from all further
or other proceedings, civil or criminal, for the same cause.

41. Provided that in case the magistrate finds the assault
or battery complained of to have been accompanied by any
attempt to commit felony, or is of opinion that the same is,
from any other circumstance, a fit subject for a prosecution by
indictment, he stiall, abstain from any adjudication thereon, and
shall deal with the case in all respects in the. same manner as
if he had no authority finally to ' hear and determine the same:
Provided, also, that nothincy herein contained shall authorize
any magistrate to bear and determine any case of assault or
battery in which any question arises as to the title to any lands,
tenements, or hereditaments or any interest therein or accruing
therefrom, or as to any bankruptcy or insolvency or as to any
execution under the process of any court of justice.

42. *Every person who is convicted on an indictment of.
any assault occasioning aettial bodily harm shall be liable to
imprisonment for any term not exceeding three years.

43. *Every person u'ho is convicted on an indictment of
a common asault shall be liable to imprisonment for any term
not exceeding one year.

Forcible taking or detenllon olf persons.

44. Every person Who, by force or fraud, takes away or
detains against his or her will any man or boy, wornan or female
child, with intent to sell him or her, or to procure a ransom or
benefit for his or her liberation, shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
fourteen years.

See No. 10 of 1886, Second Schedule.





45.-(1) Every person who-

(a) unlawfully, by any means, leads or takes away, or
decoys or entices away, or detains any child under the age of
fourteen years, with intent to deprive any parent, guardian,
or other person having the lawful care or charge of such child
of the possession of such child, or with intent to steal any
article upon or about the person of such child, to whomsoever
,such article may belong; or

(b) with any such intent, receives or harbours any such
child, knowing the same to have been led, taken, decoyed, enticed
away, or detained as in this section before mentioned,

shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding seven years, and, if a male under
the age of sixteen years, with or without whipping: Provided
that no person who has bona' fide claimed any right to the
possession of such child, or is the mother or has bond fide
claimed to be the father of an illegitimate child, shall be liable
to be prosecuted by virtue hereof on account of the getting
possession of such child or taking such child out of the possession
of any person having the lawful charge thereof..

(2) For the purposes of this section, the adoptive parent of
a child under the age of fourteen years, and the employer of a
child under the age of fourteen years, including the employer
of a mui tsai under the age of fourteen years, shall be deemed
to have had the lawful care or charge of such child, provided as
follows:-

(a) that nothing in this sub-section shall be construed as
affecting any rights vested in or conferred on the Secretary for
Chinese Affairs by or under the Protection of Women and
Girls Ordinance, 1897 ; and

(b) that nothing in this sub-section shall be construed as
conferring upon any adoptive parent or employer any right of
retaining possession, custody or control of any child as against
the child's parent or guardian, or as against the child.

45A.-(i) Every person who tabes any part, or attempts to
take any part, in any transaction the object or one of the objects
of which is to transfer or confer, wholly or partly, the possession,

As amended by No. 13 of 1929 [20.9.291 and No. 25 of 1930 [5.12.30.]





custody or control of any minor un der the age of eighteen
years for any valuable consideration shall he deemed to be guilty
of an offence against this section, unless such person proves
beyond reasonable doubt that the transaction was bond fide and
solely for the purpose of a proposed marriage, or adoption, in
accordance with Chinese custom.

(2) Every person shall be deemed to he guilty of an offence.
against this section who without lawful authority or excuse
harbours or has in his possession, custody.of control any minor
tinder the age of eighteen years, if any person has, within or
without the Colony, purported to transfer o~r confer the
possession, custody or 'control, wholly or partly, of such minor
for valuable consideration after the 6th day of September,
1929.

(3) It shall be lawful for a magistrate to find the age of
any minor brought before him with respect to whom an offence
against this section is alleged, whether evidence of age be given
or not.

(4) It shall be no defence to a charge under this section
that the minor consented to the transaction or that the minor
received the consideration or any part t~ereof, or that the
accused believed or had reasonable ground to believe that the
minor was not tinder the age of eighteen years.

(5) Every person who is guilty of an offence against this
section shall upon summary conviction be liable to a fine not
exceeding one thousand dollars and to imprisonment for any
term not exceeding one year.

(6) Nothing in this section shall 'be construed as recogni-
,-.ing in any way whatsoever the possibility that rights of
possession, custody or control over any person can be trans-
ferred or conferred for valuable consideration for any purpose.

(7) No prosecution under this section shall be instituted
without the consent of the Attorney General. Provided that
such consent shall not be necessary for the arrest of any person
suspected of having committed an offence against this section.

Bigamy.

46. Every person who, being married, marries any other
person during the life of the former husband or wife shall he

t As amended by No. 13 of 1M





guilty. of felon ' s., and shall be liable to imprisonment. for any
term not exceeding seven years: Provided that nothing in this
section shall extend to -any person marrying a second time
whose husband or wife, has been continually absent from such
person for the space of seven years then- last past, and has
not been known by such person to be living within that time,
or to any person who, at the time of such second marriage,
has been divorced from the bond (if the first marriage, or to
an), person \,;hose former marriage has been declared void by
the sentence- of any court of competent Jurisdiction.

Allempts to procure abortion.

47. Every woman, being with child, who, with intent to
procure her own miscarriage, unlawfully administers to hersell'
any poison or other noxious thing, or unlawful]\, uses ans,
instrunient or other means whatsoever with the like intent, and
every person s%,,ho, xvith intent to procure the miscarriage of ariv
wornan, whether she is or is not with child, unlawfully
administers or causes to he taken bY her any poison or other
noxions thinZ, or unlawfulIv uses ans, instrument or other
means whatsoever with the like intent, shall he guilty of felony,
and shall be liable to imprisonment for life.

48. Every person who unjawfully supplies or procures any
poison or other noxious thing or any instrurnent or thing what-
soever, knowing that the sarne is intended to he iinlavftillv. used
or employed with intent to prncure the miscarriage of ally
woman, whether she is or is not with child, shall be guilty of
a misdemeanor. and shall be liable to imprisonment for ans,
term not exceeding three years.

Concealing the birth of (7 child.

49. If any woman is delivered of a child, every person
who, by an ' v secret. disposition of the dead body of the said
child, whether stich child died before, at, or after its birth,
endeavours to conceal the birth thereof shall he guilt), of a
rnisdenteanor, and shall be liable to imprisonment for any term
not exceeding two years: Provided that if any person tried
for the murder of any child is acquitted thereof, it shall he
lawful for the jury by whose verdict such person is acquitted
to find, in case it so appears in evidence, that the child had





recently been born, and that such person did, by some secret
disposition of the dead body of such child, endeavour to conceal
the bijth thereof, and thereupon the court rnay pass such
sentence as if such person had been convictedon an indictment
for the concealment of the birth.

Abominable offences.

50. Every person who is convicted of the abominable
Crime of buggery, committed either with mankind or with any
animal, shall be guilty of felony, and shall be liable to imprison-
ment for life

51. Every person who-

(1) attempts to commit the said abominable crime ; or

(2) is guilty of any assault with intent to commit the same,
or of any indecent assault upon any male person,

shall be guilty of a misdemeanor, and shall he liable to
imprisonment for any term not exceeding ten years.

52. Every male person who, in public or private, commits,
or is a party to the commission of, or procures or attempts to
procure the commission b any male person of any act of gross
indecency with another niale person shall be guilty, of a mis-
demeanor, and shall he liable to imprisonment for any term
not exceeding two years.


53. It shall be no defence to a charge or indictment for
an indecent assault on a male person under the age of thirteen
io prove that he consented to the act of indecency.

54. Whenever, on the trial of any offence punishable
under this or any. other Ordinance, it is necessary to prove
carnal knowledge, it shall not be necessary to prove the actual
emission of seed in order to constitute a carnal knowledge,
but carnal knowledge shall be deerned complete on proof of
penetration only.

Making gunpowder to commit offences, and search therefor.

55. *Every person who knowingly has in his possession,
or makes or manufactures, any gunpowder, explosive sub-

See No. 10 of 1886, Second Schedule.





stance, or dangerous or noxious thing, or any machine,' engine,
instrument, or thing, with intent by means thereof to commit,
or for the purpose of enabling any other person to commit, any
of the felonies mentioned in this Ordinance, shall be. guilty of
a misdemeanor, and shall he liable to imprisonment for any
terni not exceeding two, years, and, if a male under the age of
sixteen years, mlith or without whipping.

56.-(1 ) On reasonable cause assigned upon oath by any
person that -any such gunpowder, or other explosive, dangerous,
or noxious subscance or thing, or any such machine, engine,
Instrument, or thing is suspected. to be made, kept, or carried
for the purpose of being used in committing any of the felonies
mentioned in this Ordinance, a magistrate rnav. issue a warrant
for searching, in the day-time, any house, mill, magazine,
storehouse, warehouse, shop, cellar, vird, wharf, or other place,
or any carriage, wagon, cart, ship, boat, or vessel, in which
the same is suspected to be niade, kept, or carried for such
purpose as hereinbefore mentioned and the said substances
and things shall be brought before a magistrate, and, on proof
that the same have been made, kept, or carried for any of the
purposes aforesaid, whether in the presence or absence of the
owner of the said substances and things, a magistrate may
declaic the same to be forfeited.

(2) Every magistrate and person acting i n the execution
of any such warrant shall have, for seizing, removing to
proper places, and detaining all such gunpowder, explosive,
dangerous, or noxious substances, machines, engines, instru-
ments, or things, found upon such search, which he may have
good cause to suspect to be intended to be used in committing
any such offence, and the barrels, packages, cases, and other
receptacles in which the'same may be, the same powers and
protections which are given by any Ordinance retating to
gunpowder.

,lliseellaneoius.

57. Any constable may take into custody, without a
warrant, any person whoin lie finds lying or loitering or being
in any highway, yard, or other pla~e during the night, and
whom fie has good cause to suspect of having committed, or
being about to commit, or intending to commit any felony or
misdemeanor mentioned in this Ordinance, and shall take such





person, as soon as reasonably may be, before a magistrate, to
be dealt with 'according to law.

58.-(1) In the case of every felony punishable urder this
Ordinance, every principal in the second degree, and every
accessory before the fact, shall be punishable in the same manner
as the principal in the first degree is by this Ordinance
punishable.

(2) Every accessory after the fact to any felony punishable
under this Ordinance (except murder) shall be liable to imprison-
ment for any term not exceeding two years.

(3) Every.accessory after the fact to murder shall be liable
to imprisonment for life.

(4) Every person who conceals, aids, or abets the corn-
mission of any indictable misdemeanor punishable under this
Ordinance shall be liable to be proceeded against, indicted, and
punished, as a principal offender.

[ss. 59 and 6o, rep. No. 3o of igi i.]

61. Whenever any person is convicted of any indictable
misdemeanor punishable under this Ordinance, the court may,
in addition to or in lieu of any punishment authorized by this
Ordinance, fine the offender, and require him to enter into his
own recognizances and to find sureties, both or either, for keep-
ing the peace and being of good behaviour; and, in case of any
felony punishable under this Ordinance otherwise than with
death, the court may require the offender to enter into his own
recognizances and to find sureties, both or either, for keeping
the peace, in addition to any punishment authcrized by this
Ordinance. Provided that no person shall be imprisoned for
not finding sureties under this section for any, period exceeding
one year.

62. No summary conviction tinder this Ordinance shall be
quashed for want of form or be removed by certiorari, and no
warrant of commitment ' shall be held void by reason of any
defect therein, provided it is therein alleged that the party has
been convicted, and there is a good and valid conviction to
sustain the same.

[s. 63, rep. No. So of ioi i.]
[Originally No. 4 of 1865. No. 13 of 1929. No. 25 of 1930.] Short title. 24 & 25 Vict. C. 100. Murder 24 & 25 Vict. C. 100 s. 1. Sentence for murder 24 & 25 Vict. C. 100, s. 2. Burial of body of person executed. 24 & 25 Vict. C. 100, s. 3. Conspiring or soliciting to commit murder 24 & 25 Vict. C. 100, s. 4. Petit treason to be murder. 24 & 25 Vict. C. 100, s. 8. Manslaughter 24 & 25 Vict. C. 100, s. 5. [cf. No. 3 of 1903.] Excusable homicide 24 & 25 Vict. C. 100, s. 7. Trial of homicide where cause of death only happens in the Colony. 24 & 25 Vict. c. 100, s. 10. Administering poison or wounding with intent to murder. 24 & 25 Vict. C. 100, s. 11. [cf. No. 3 of 1903.] Destroying or damaging building with intent to murder. 24 & 25 Vict. C. 100, s. 12. Setting fire to or casting away ship with intent to murder. 24 & 25 Vict. c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict. c. 100, s. 14. Attempting to commit murder by means not specified. 24 & 25 Vict. C. 100, s. 15. Sending letter threatening to murder. 24 & 25 Vict. C. 100, s. 16. [cf. No. 3 of 1903.] Impeding person endeavouring to save himself or another from shipwreck. 24 & 25 Vict. c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 24 & 25 Vict. c. 100, s. 18. [cf. No. 3 of 1903.] Definition of loaded arms. 24 & 25 Vict. C. 100 , s. 19. Wounding or inflicting grievous bodily harm. 24 & 25 Vict. C. 100, s. 20. [cf. No. 3 of 1903.] Attempting to choke, etc. in order to commit indictable offence. 24 & 25 Vict. C. 100, s. 21. [cf. No. 3 of 1903.] Using chloroform, etc. in order to commit indictable offence, 24 & 25 Vict. c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 24 & 25 Vict. c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 24 & 25 Vict. C. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 24 & 25 Vict. C. 100, s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict. c. 100, s. 26. Exposing child whereby life is endangered. 24 & 25 Vict. c. 100, s. 27. [cf. No. 4 of 1897, s. 27.] Ill-treatment or neglect by those in charge of child or young person. [cf. 8 Edw. 7, c. 67, s. 12 and No. 9 of 1899, s. 77A(4) & No. 1 of 1932, s. 17(1)(h).] Offence committed even if full effect obviated by interposition of third party. Offence committed even if death of individual offended against occurs. Causing bodily injury by gun- powder, etc. 24 & 25 Vict. C. 100, s. 28. [cf. No. 3 of 1903.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 24 & 25 Vict. C. 100, s. 29. [cf. No. 3 of 1903.] Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict. c. 100, s. 30. [cf. No. 3 of 1903.] Setting spring gun, etc., with intent to inflict grievous bodily harm. 24 & 25 Vict. c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers. 24 & 25 Vict. C. 100, s. 32. [cf. No. 3 of 1903.] Casting stone, etc., upon a railway carriage with intent to endanger the safety of any person therein. 24 & 25 Vict. C. 100, s. 33. Doing or omitting anything endangering passengers. 24 & 25 Vict. C. 100, s. 34. Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 24 & 25 Vict. C. 100, s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict. c. 100, s. 36. [cf. No. 3 of 1903.] Assaulting magistrate, etc., on account of his preserving wreck. 24 & 25 Vict. c. 100, s. 37. [cf. No. 3 of 1903.] Assault with intent to commit felony, or on police officer, etc. 24 & 25 Vict. C. 100, s. 38. [cf. No. 3 of 1903.] Assault arising from combination respecting wages or trade. 24 & 25 Vict. C. 100, s. 41. [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female 24 & 25 Vict. c. 100, s. 43. [cf. No. 49 of 1935, s. 3 (a).] Certificate of dismissal of complaint. 24 & 25 Vict. c. 100, s. 44. Certificate of dismissal or conviction and punishment to bar any other proceeding. 24 & 25 Vict. C. 100, s. 45. Exceptions for attempt to commit felony, etc., and for question of title. 24 & 25 Vict. C. 100, s. 46. Assault occasioning bodily harm 24 & 25 Vict. c. 100, s. 47. [cf. No. 3 of 1903.] Common assault. 24 & 25 Vict. c. 100, s. 47. [cf. No. 3 of 1903.] Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1903, & No. 41 of 1932, ss. 86 & 89(1).] Stealing child under 14 years. 24 & 25 Vict. C. 100, s. 56. [cf. No. 4 of 1897, s. 27, No. 3 of 1903, & No. 41 of 1932, ss. 86 & 89 (1).] Ordinance No. 4 of 1897. Certain transactions with regard to minors prohibited. [cf. No. 1 of 1932, s. 17(1)(h).] Bigamy 24 & 25 Vict. C. 100, s. 57. [cf. No. 14 of 1906, Schedule.] Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100, s. 58. Procuring drug, etc., with intent to cause abortion 24 & 25 Vict. C. 100, s. 59. Concealing birth of child. 24 & 25 Vict. C. 100, s. 60. [cf. No. 9 of 1899, s. 77A (3) & (4).] Sodomy and bestiality 24 & 25 Vict. C. 100, s. 61. Attempt to commit unnatural offence. 24 & 25 Vict. C. 100, s. 62. Act of gross indecency by male with male. 48 & 49 Vict. C. 69, s. 11 [cf. No. 41 of 1932, s. 89.] Consent. 43 & 44 Vict. C. 45, s. 2. Definition of carnal knowledge. 24 & 25 Vict. c. 100, s 63. Making or having gunpowder with intent to commit felony. 24 & 25 Vict. C. 100, s. 64. [cf. No. 3 of 1903.] Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict. C. 100, s. 65. [cf. No. 14 of 1901.] Apprehension of-person loitering at night and suspected of felony. 24 & 25 Vict. c. 100, s. 66. Punishment of principals in the second degree and accessories. 24 & 25 Vict. C. 100, s. 67. Awarding of fine and sureties for keeping the peace. 24 & 25 Vict. C. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 24 & 25 Vict. C. 100, s. 72.

[Originally No. 4 of 1865. No. 13 of 1929. No. 25 of 1930.] Short title. 24 & 25 Vict. C. 100. Murder 24 & 25 Vict. C. 100 s. 1. Sentence for murder 24 & 25 Vict. C. 100, s. 2. Burial of body of person executed. 24 & 25 Vict. C. 100, s. 3. Conspiring or soliciting to commit murder 24 & 25 Vict. C. 100, s. 4. Petit treason to be murder. 24 & 25 Vict. C. 100, s. 8. Manslaughter 24 & 25 Vict. C. 100, s. 5. [cf. No. 3 of 1903.] Excusable homicide 24 & 25 Vict. C. 100, s. 7. Trial of homicide where cause of death only happens in the Colony. 24 & 25 Vict. c. 100, s. 10. Administering poison or wounding with intent to murder. 24 & 25 Vict. C. 100, s. 11. [cf. No. 3 of 1903.] Destroying or damaging building with intent to murder. 24 & 25 Vict. C. 100, s. 12. Setting fire to or casting away ship with intent to murder. 24 & 25 Vict. c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict. c. 100, s. 14. Attempting to commit murder by means not specified. 24 & 25 Vict. C. 100, s. 15. Sending letter threatening to murder. 24 & 25 Vict. C. 100, s. 16. [cf. No. 3 of 1903.] Impeding person endeavouring to save himself or another from shipwreck. 24 & 25 Vict. c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 24 & 25 Vict. c. 100, s. 18. [cf. No. 3 of 1903.] Definition of loaded arms. 24 & 25 Vict. C. 100 , s. 19. Wounding or inflicting grievous bodily harm. 24 & 25 Vict. C. 100, s. 20. [cf. No. 3 of 1903.] Attempting to choke, etc. in order to commit indictable offence. 24 & 25 Vict. C. 100, s. 21. [cf. No. 3 of 1903.] Using chloroform, etc. in order to commit indictable offence, 24 & 25 Vict. c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 24 & 25 Vict. c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 24 & 25 Vict. C. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 24 & 25 Vict. C. 100, s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict. c. 100, s. 26. Exposing child whereby life is endangered. 24 & 25 Vict. c. 100, s. 27. [cf. No. 4 of 1897, s. 27.] Ill-treatment or neglect by those in charge of child or young person. [cf. 8 Edw. 7, c. 67, s. 12 and No. 9 of 1899, s. 77A(4) & No. 1 of 1932, s. 17(1)(h).] Offence committed even if full effect obviated by interposition of third party. Offence committed even if death of individual offended against occurs. Causing bodily injury by gun- powder, etc. 24 & 25 Vict. C. 100, s. 28. [cf. No. 3 of 1903.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 24 & 25 Vict. C. 100, s. 29. [cf. No. 3 of 1903.] Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict. c. 100, s. 30. [cf. No. 3 of 1903.] Setting spring gun, etc., with intent to inflict grievous bodily harm. 24 & 25 Vict. c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers. 24 & 25 Vict. C. 100, s. 32. [cf. No. 3 of 1903.] Casting stone, etc., upon a railway carriage with intent to endanger the safety of any person therein. 24 & 25 Vict. C. 100, s. 33. Doing or omitting anything endangering passengers. 24 & 25 Vict. C. 100, s. 34. Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 24 & 25 Vict. C. 100, s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict. c. 100, s. 36. [cf. No. 3 of 1903.] Assaulting magistrate, etc., on account of his preserving wreck. 24 & 25 Vict. c. 100, s. 37. [cf. No. 3 of 1903.] Assault with intent to commit felony, or on police officer, etc. 24 & 25 Vict. C. 100, s. 38. [cf. No. 3 of 1903.] Assault arising from combination respecting wages or trade. 24 & 25 Vict. C. 100, s. 41. [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female 24 & 25 Vict. c. 100, s. 43. [cf. No. 49 of 1935, s. 3 (a).] Certificate of dismissal of complaint. 24 & 25 Vict. c. 100, s. 44. Certificate of dismissal or conviction and punishment to bar any other proceeding. 24 & 25 Vict. C. 100, s. 45. Exceptions for attempt to commit felony, etc., and for question of title. 24 & 25 Vict. C. 100, s. 46. Assault occasioning bodily harm 24 & 25 Vict. c. 100, s. 47. [cf. No. 3 of 1903.] Common assault. 24 & 25 Vict. c. 100, s. 47. [cf. No. 3 of 1903.] Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1903, & No. 41 of 1932, ss. 86 & 89(1).] Stealing child under 14 years. 24 & 25 Vict. C. 100, s. 56. [cf. No. 4 of 1897, s. 27, No. 3 of 1903, & No. 41 of 1932, ss. 86 & 89 (1).] Ordinance No. 4 of 1897. Certain transactions with regard to minors prohibited. [cf. No. 1 of 1932, s. 17(1)(h).] Bigamy 24 & 25 Vict. C. 100, s. 57. [cf. No. 14 of 1906, Schedule.] Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100, s. 58. Procuring drug, etc., with intent to cause abortion 24 & 25 Vict. C. 100, s. 59. Concealing birth of child. 24 & 25 Vict. C. 100, s. 60. [cf. No. 9 of 1899, s. 77A (3) & (4).] Sodomy and bestiality 24 & 25 Vict. C. 100, s. 61. Attempt to commit unnatural offence. 24 & 25 Vict. C. 100, s. 62. Act of gross indecency by male with male. 48 & 49 Vict. C. 69, s. 11 [cf. No. 41 of 1932, s. 89.] Consent. 43 & 44 Vict. C. 45, s. 2. Definition of carnal knowledge. 24 & 25 Vict. c. 100, s 63. Making or having gunpowder with intent to commit felony. 24 & 25 Vict. C. 100, s. 64. [cf. No. 3 of 1903.] Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict. C. 100, s. 65. [cf. No. 14 of 1901.] Apprehension of-person loitering at night and suspected of felony. 24 & 25 Vict. c. 100, s. 66. Punishment of principals in the second degree and accessories. 24 & 25 Vict. C. 100, s. 67. Awarding of fine and sureties for keeping the peace. 24 & 25 Vict. C. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 24 & 25 Vict. C. 100, s. 72.

https://oelawhk.lib.hku.hk/items/show/1386

1937

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No. 2 of 1865

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