OFFENCES AGAINST THE PERSON ORDINANCE

OFFENCES AGAINST THE PERSON ORDINANCE

CHAPTER 212.

THE OFFENCES AGAINST THE PERSON

ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section................................. Page
1. Short title................................ ... ... ... ... ... 85
2-9. Homicide................................. ... ... ... ... 85

10-14. Attempts to murder .................... ... ... ... ... 86

15. Letters threatening to murder ........... ... ... ... ... 87

16-33. Acts causing or tending to cause danger to life, etc. 88

34-41. Assaults ............................. ... ... ... ... ... 93

42-44. Forcible taking or detention of persons ... ... ... ... 95

45. Bigamy ........... ..................... ... ... ... 97

46-47. Attempts to procure abortion .......... ... ... 97

48. Concealing the birth of a child ......... ... ... ... ... ... 98

49-53. Abominable offences ................... ... ... ... ... ... 98

54-55. Making gunpowder to commit offences, searches therefor 99
56. Arrest of person loitering at night with certain intent 100

57. Principals and accessories ............. ... ... ... ... ... 100

58. Fine, and sureties to keep the peace .... ... ... ... 101

59. No summary conviction to be quashed for want of form 101





CHAPTER 212.

OFFENCES AGAINST THE PERSON.

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.

Homicide.

2. Any 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
]lad and taken, in the same manner in all respects as sentence of death
might have been pronounced 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
ill such place as the Governor may order, and the sentence of the court
shall so direct.

5. All persons who within this Colony conspire, confederate, and
agree to murder any person, whether he is a subject of His Majesty or
not and whether lie is within His Majesty's dominions or not, and any
person who within this Colony solicits, encourages, persuades or
endeavours to persuade, or proposes to any Pei-soil to murder any
other person, whether he is a subject of His Majesty or not and
whether lie is within His Majesty's dominions or not, shall be guilty of a
misdemeanor, and shall be liable to imprisonment for ten years.





6. Any offence which, before the commencement of
the Act 9 George 4, chapter 31, entitled 'An Act for con-
solidating 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. Any 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 manslaughter, may be dealt with, 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.

Attempts to murder.

10. Any person who-
(a)administers to, or causes to be administered to, or
to be taken by any person any poison or other
destructive thing; or
(b)by any means whatsoever, wounds or causes any
grievous bodily harm to any person,
with intent in an), of such cases to commit murder, shall
be guilty of felony, and shall be liable to imprisonment
for life.





11. Any 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. Any, person who-

(a)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 being therein ; or

(b) 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. Any person who-

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

(b) shoots at any person; or

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

(d)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.

14. Any 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 imprisonment for life.

Letters threatening to murder.

15. Any person who maliciously sends, delivers, or titters, 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 ten
years, and, if a male of sixteen years, with or without whipping.





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

16. Any person who-

(a)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

(b)unlawfully and maliciously prevents or impedes
any 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 imprison-
ment for life.

17. Any person who-

(a)unlawfully and maliciously, by any means whatsoever,
wounds or causes any grievous bodily harm to any person;
or

(b) shoots at any person; or

(c)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 c any
person, or to do some other grievous bodily harm to any person, or
with intent to resist or prevent the lawful apprehension or detainer of
any person, shall be guilty of felony, and shall be liable to
imprisonment for life.

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. Any 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 three years.





20. Any person who-

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

(b)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 imprisonment for life.

21. Any person who unlawfully applies or administers to or causes
lo 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,
laudanum, 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. Any person who unlawfully and maliciously administers to, or
causes to be administered to or taken by, any 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 guilty of felony, and shall be liable to
imprisonment for ten years.

23. Any person who unlawfully and maliciously administers to, or
causes to be administered to or taken by, ally 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 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 guilt), thereof,
but are satisfied that he is guilty of any misdemeanor 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. Any person who-

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

(b)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 three years.

26. Any 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 guilt ' v
of a misdemeanor, and shall be liable to imprisonment for
three years.

27. (1) If any per-son over the age of sixteen years
who has the custody, ' charge or care of any child or young
person under that age wilfully assaults, ill-treats, neglects,
abandons or exposes such child or young person or causes
or procures such child ot. 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 of two thousand dollars
and to imprisonment 'for two years; or

(b) on summary conviction to a fine of two hundred and fifty
dollars and to imprisonment for 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, lie
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 an offence. under this section,
either on indictment or by a court of summary jurisdiction,
notwithstanding that actual suffering or injury to health or the
likelihood of such suffering or injury 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 summary jurisdiction,
notwithstanding the death of the child or young person in respect of
whom the offence is committed. [26A

28. Any person who unlawfully and maliciously, by
the explosion of gunpowder or any other explosive sub-
stance, 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 . age of sixteen years with. or-without
whipping-; [27

29. Any person who unlawfully and maliciously-

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

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

(c) 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 substance,

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 effected





or not, be guilty of felony, and shall be liable to imprison-
ment for life, and,, if a male under the age of sixteen years,
with or without. whipping. [28

30. Any 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 any person, shall, whether or not any explosion takes place
and whether or not any bodily injury is effected, be guilty of felony,
and shall be liable to imprisonment for fourteen years, and, if a male
under the age of sixteen years, with or without whipping. [29

31. (1) Any person who sets or places, or causes to be set or
placed, any spring gun, man trap, or other engine calculated to destroy
human life or to inflict grievous bodily hamr with intent that the same or
whereby the same may, destroy or inflict grievous bodily harm upon a
trespasser or other person coming in contact therewith, shall be gulity
of a misdemeanor, and shall be liable to imprisonment for three years.

(2) Any person who knowingly and wilfully permits
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 may have been or may be usually
set or placed with the intent of destroying vermin : Pro-
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 or placed, or caused or continued to be set or placed,
in a dwelling-house, for the protection thereof. [30

32. (1) Any 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 fourteen years, and, if a male under -the
age of sixteen years with or without whipping.

(2) Any person who unlawfully and maliciously throws or causes to
fall or strike, at, against, into, or upon any engine, tender, carriage, 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 fourteen years.

(3) Any person who, by any unlawful act, or by any wilful
omission or neglect, endangers or cause 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 gulity of a
misdemeanor triable summarily, and shall be liable to imprisonemtn for
two years.

(4) For the purposes of this section, 'railwya' Shall include 'tramway'.

33. Any peson who, having the charge of any carriage or vehicle, by wanton or
furious driving or racing or other wilful misconduct, or by wilful neglect,
does or causes to be done any bodily harm to any person shall be guilty of
a misdemeanor tribale summarily, and shll be liable to imprisonment for two years.

Assaults

34. Any person who-
(a) by threats or force, obstructs or prevents, or endeavours to obstruct or prevent,
any clergyman or other ministeeer 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

(b)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 triable summarily, and
shall be liable to imprisonment for two years. [32

35. Any person who assaults and strikes or wounds
any magistrate, justice of the peace, officer, or other person.
whomsoever lawfully authorized, in or on account of the
exercise of his duty in or concerning the preservation of
any vessel in distress, or of any vessel, -oods, 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 seven years. [33

36. Any person who-

(a)assaults any person with intent to commit felony or

(b)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

(c)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 triable summarily, and
shall be liable to imprisonment for two years. [34

37. If the magistrate, on the hearing of any case of assault
or battery upon the merits, where the complaint is preferred by
or on behalf 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 accordingly dismisses 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.

38. If any person against whom any such complaint
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 im-
prisonment awarded, in every such case he shall be released
from all further or other proceedings, civil or criminal, for
the same cause. [40

39. Any person who is convicted of an assault occasioning
actual bodily harm shall be guilty of a misdemeanor and shall be liable
to imprisonment for three years. [42

40. Any person who is convicted of a common assault
.shall be guilty of a- misdemeanor triable summarily, and
shall be liable to imprisonment for one year. [43

41. In the event of a conviction under section 39 or 40, the
convicting court may, in addition to imposing any penalty, order the
offender to enter into a recognizance, with or without sureties, in a sum
not greater than five hundred dollars, to keep the peace 'or to be of
good behaviour for a period not exceeding twelve months. [43

Forcible taking or detention of persons.

42. Any person who, by force or fraud, takes away or detains
against his or her will any man or boy, woman 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 fourteen years.

43. (1) Any person who-

(a)unlawfully, by any means, leads or takes away, 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 imprison-
ment for 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 bona 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 subsection 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, 1938; and

(b) that nothing in this subsection 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. [45

44. (1) Any person who takes any part in any transaction the object
or one of the objects of which is to transfer or confer, wholly or partly,
temporarily or permanently, the possession, custody or control of any
other person for any valuable consideration shall be guilty of a
misdemeanor triable summarily and shall be liable to imprisonment for
two years.





(2) Any person who without lawful authority or excuse harbours
or has in his possession, custody or control any person with respect to
whom the temporary or permanent possession, custody or control has
been transferred or conferred for valuable consideration by any other
person within or without the Colony shall be guilty of a misdemeanor
triable summarily and liable to imprisonment for two years.

(3) Nothing in this section shall be construed as affecting the
customary giving or receiving of presents on occasions of bona fide
betrothals, weddings or adoptions.

(4) No prosecution under this section shall be instituted without
the consent of the Secretary for Chinese Affairs
Provided that such consent shall not be necessary for the arrest of any
person suspected of having contravened this section.

(5) The consent of the person intended to be, or actually,
unlawfully transferred, taken into possession, custody or control or
harboured, or the receipt by such person of the consideration, or any
part thereof, shall be no defence to a charge or indictment under this
section. [45A

Bigamy.

45. Any person who, being married, marries any other
person during the life of the former husband or wife shall
be guilty of felony, and shall be liable to imprisonment for
seven years:Provided that nothing in this section shall
extend to any person marrying a second time whose hushand
hand 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 of the first marriage, or
to any person whose former marriage has been declared
void by the sentence of any court of competent jurisdic-
tion. [46

Attempts to procure abortion.

46. Any woman, being with child, who, with intent to procure her
own miscarriage, unlawfully administers to herself any poison or other
noxious thing, or unlawfully





uses any instrument or other means whatsoever with the like
intent, and any person who, with intent to procure the
miscarriage of any woman, whether she is or is not with
child, unlawfully administers or causes to be taken by her
any poison or other noxious thing, or unlawfully uses any
instrument or other means whatsoever with the like intent,
shall be guilty of felony, and shall be liable to imprison-
ment for life. [47

47. Any person who unlawfully supplies or procures
any poison or other noxious thing or any instrument or thing
whatsoever, knowing that the same is intended to be unlaw-
fully used or employed with intent to procure the miscarriage
of any woman, whether she is or is not with child, shall be
guilty of a misdemeanor, and shall be liable to imprisonment
for three years. [48

Concealing the birth of a child.

48. If any woman is delivered of a child, every person who, by any
secret disposition of the dead body of the said child, whether such
child died before, at, or after its birth, endeavours to conceal the birth
thereof shall be guilty of a misdemeanor triable summarily, and shall be
liable to imprisonment for two years : Provided that if any person tried
for the murder of any child is acquitted thereof, it shall be 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 birth thereof, and thereupon the court
may pass such sentence as if such person had been convicted on an
indictment for the concealment of the birth.


[49
Abominable offences.

49. Any 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
imprisonment for life. [50

50. Any person who

(a) attempts to commit the said abominable crime; or
(b) 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 be liable to
imprisonment for ten years. [51

51. Any male person who, in public or private, commits,
or is a party to the commission of, or procures or attempts to
procure the commission by any male person of any act of
gross indecency with another male person shall be guilt), of
a misdemeanor triable summarily, and shall be liable to
imprisonment for two years. [52

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

53. 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 deemed complete on proof of
penetration only. [54

Waking gunpowder to commit offences, and search therefor.

54. Any person who knowingly has in his possession,
or makes or manufactures, any gunpowder, explosive sub-
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 be liable to impri-
sonment for two years, male under the age of sixteen
years, with or without whipping. [55

55. (1) On reasonable cause assigned upon oath by any person
that any such gunpowder, or other explosive, dangerous, or noxious
substance 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 may issue a warrant for searching, in the day-time, any
house, mill, magazine, storehouse, warehouse, shop, cellar, yard,





wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel,
in which the same is suspected to be made, 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 declare the same to be forfeited.

(2) Any magistrate and person acting in 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, instruments
merits, 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 relating to
gunpowder. [56

Miscellaneous.

56. Any police officer may take into custody, without a
warrant, any person whom lie finds lying or loitering oi-
being in any highway, yard, or other place during the night,
and whom he 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. [57

57. (I) In the case of every felony punishable under 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) Any accessory after the fact to any felony punishable under
this Ordinance (except murder) shall be guilty of a misdemeanor triable
summarily, and liable to imprisonment
for two years.

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





(4) Any person who conceals, aids, or abets the com-
mission of any indictable misdemeanor punishable under this
Ordinance shall be liable to be proceeded against, indicted,
and punished, as a principal offender. [58

58. Wherever 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 keeping 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 recogizances and to find sureties, both or either,
for keeping the peace, in addition to any punishment
authorized by this Ordinance :Provided that no person
shall be imprisoned for not finding sureties under this section
for any period exceeding one year. [61

59. No summary conviction under 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 con
viction to sustain the same [62
Originally 4 of 1865. Fraser 2 of 1865. 5 of 1938. 16 of 1938. 7 of 1939. 8 of 1948. 22 of 1950. 24 of 1950. 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 committ murder. 24 & 25 Vict. c. 100, s. 4. Petit treason to be murder. 24 & 25 Vict. C. 100, s. 8. Man-slaughter. 24 & 25 Vict. C. 100, s. 5. 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 wit intent to murder. 24 & 25 Vict. c. 100, s. 11. 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 committ murder by means not specified. 24 & 25 Vict. c. 100, s. 15. Sending letter threatening to murder. 24 & 25 Vict. c. 100, s. 16. 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. Definition of loaded arms. 24 & 25 Vict. c. 100, s. 19. Wounding or inflicting grievous bodily harm. 24 & 25 Vict. c 100, s. 20. Attempting to choke, etc. in order to commit indictable offence. 24 & 25 Vict. C. 100, s. 21. 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. [s. 24 cont.] 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. Ill-treatment or neglect by those in charge of child or young person. [cf. 8 Edw. 7, c. 67, s. 12.] 22 of 1950, Schedule. Causing bodily injury by gun-powder, etc. 24 & 25 Vict. C. 100, s. 28. Causing gun-powder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 24 & 25 Vict. C. 100, s. 29. [s. 29 cont.] Placing gun-powder near building, etc., with intent to do bodily injury. 24 & 25 Vict. C. 100, s. 30. 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. 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. 22 of 1950, s. 3. Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 24 & 25 Vict. c. 100, s. 35. 22 of 1950, s. 3. Obstructing or assaulting clergyman, etc., in discharge of his duties. [s. 34 cont.] 24 & 25 Vict. C. 100, s. 36. 22 of 1950, s. 3. Assaulting magistrate, etc., on account of his preserving wreck. 24 & 25 Vict. C. 100, s. 37. Assault with intent to commit felony, or on police officer, etc. 24 & 25 Vict. C. 100, s. 38. 22 of 1950, s. 3. 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. Assault occasioning actual bodily harm. [cf. 24 & 25 Vict. C. 100, s. 4.] 24 of 1950, Schedule. Common assault. [cf. 24 & 25 Vict. C. 100, s. 47.] 24 of 1950, Schedule. 22 of 1950, s. 3. Power to bind over offenders. [cf. 15 & 16 Geo. 5, c. 86, s. 39 (3).] 24 of 1950, Schedule. Forcible taking or detention of person, with intent to sell him. Stealing child under 14 years. 24 & 25 Vict. c. 100, s. 56. [s. 43 cont.] (5 of 1938). Unlawful transfers of possession custody of control of other persons for valuable consideration. 16 of 1938, s. 2. 22 of 1950, s. 3. 22 of 1950, s. 3. 7 of 1939, s. 2. Bigamy. 24 & 25 Vict. C. 100, s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100, s. 58. [s. 46 cont.] 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. 22 of 1950, s. 3. 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. 22 of 1950, s. 3. 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. Power to issue warrant for searching house, etc. for gun-powder, etc. 24 & 25 Vict. c. 100, s. 65. [s. 55 cont.] 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. 22 of 1950, s. 3. 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 4 of 1865. Fraser 2 of 1865. 5 of 1938. 16 of 1938. 7 of 1939. 8 of 1948. 22 of 1950. 24 of 1950. 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 committ murder. 24 & 25 Vict. c. 100, s. 4. Petit treason to be murder. 24 & 25 Vict. C. 100, s. 8. Man-slaughter. 24 & 25 Vict. C. 100, s. 5. 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 wit intent to murder. 24 & 25 Vict. c. 100, s. 11. 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 committ murder by means not specified. 24 & 25 Vict. c. 100, s. 15. Sending letter threatening to murder. 24 & 25 Vict. c. 100, s. 16. 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. Definition of loaded arms. 24 & 25 Vict. c. 100, s. 19. Wounding or inflicting grievous bodily harm. 24 & 25 Vict. c 100, s. 20. Attempting to choke, etc. in order to commit indictable offence. 24 & 25 Vict. C. 100, s. 21. 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. [s. 24 cont.] 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. Ill-treatment or neglect by those in charge of child or young person. [cf. 8 Edw. 7, c. 67, s. 12.] 22 of 1950, Schedule. Causing bodily injury by gun-powder, etc. 24 & 25 Vict. C. 100, s. 28. Causing gun-powder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 24 & 25 Vict. C. 100, s. 29. [s. 29 cont.] Placing gun-powder near building, etc., with intent to do bodily injury. 24 & 25 Vict. C. 100, s. 30. 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. 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. 22 of 1950, s. 3. Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 24 & 25 Vict. c. 100, s. 35. 22 of 1950, s. 3. Obstructing or assaulting clergyman, etc., in discharge of his duties. [s. 34 cont.] 24 & 25 Vict. C. 100, s. 36. 22 of 1950, s. 3. Assaulting magistrate, etc., on account of his preserving wreck. 24 & 25 Vict. C. 100, s. 37. Assault with intent to commit felony, or on police officer, etc. 24 & 25 Vict. C. 100, s. 38. 22 of 1950, s. 3. 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. Assault occasioning actual bodily harm. [cf. 24 & 25 Vict. C. 100, s. 4.] 24 of 1950, Schedule. Common assault. [cf. 24 & 25 Vict. C. 100, s. 47.] 24 of 1950, Schedule. 22 of 1950, s. 3. Power to bind over offenders. [cf. 15 & 16 Geo. 5, c. 86, s. 39 (3).] 24 of 1950, Schedule. Forcible taking or detention of person, with intent to sell him. Stealing child under 14 years. 24 & 25 Vict. c. 100, s. 56. [s. 43 cont.] (5 of 1938). Unlawful transfers of possession custody of control of other persons for valuable consideration. 16 of 1938, s. 2. 22 of 1950, s. 3. 22 of 1950, s. 3. 7 of 1939, s. 2. Bigamy. 24 & 25 Vict. C. 100, s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100, s. 58. [s. 46 cont.] 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. 22 of 1950, s. 3. 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. 22 of 1950, s. 3. 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. Power to issue warrant for searching house, etc. for gun-powder, etc. 24 & 25 Vict. c. 100, s. 65. [s. 55 cont.] 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. 22 of 1950, s. 3. 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/2038

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