OFFENCENS AGAINST THE PERSON ORDINANCE
Title
OFFENCENS AGAINST THE PERSON ORDINANCE
Description
Offences against Person.
No. 4 of 1865.
An Ordinance to consolidate and amend the Enactments, in
Force in this Colony relating to Offences against the Person.
[2nd June, 1865.]
WHEREAS, it is expedient to consolidate and .amend the Enact-, Preamble.
ments#in force in this Colony relating to offences against the
person : Be it therefore enacted by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as
follows :--
13 under.
Sentence for
an0.rder.
Iinrial of
L(xry.
aonstsinngrr
u>lieiting to -
u>mmlt mur-
der.
Ii;duslaughter.
ORDINANCE No. 4 or 1865.
0fenees against the Person.
Homicide.
felon.
1. Whosoever shall be convicted of murder shall suffer death as a
2. Upon 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 pronounced and carried into execution, and all other proceed-
ings thereupon and in respect thereof might have been had and taken,
before the passing of this Ordinance upon a conviction for any other-
.felony for which the prisoner might have been sentenced to suffer death
as a felon.
3. The body of every person executed for murder shall be buried
in such place as the Governor shall order, and the sentence of the Court
shall so direct.
4. All, persons who shall within this Colony conspire, confederate
and agree to murder any person, whether he be a subject of Her Majesty
or not, and whether he be within the queen's Dominions or not, and.
whosoever within this Colony shall solicit, encourage, persuade, or-
endeavour to persuade, or shall propose to any person, to murder any
other person, whether he be a subject of Her Majesty or not, and whether'
he be within the Queen's Dominions or not, shall be guilty of a misde--
meanor`, and, being convicted thereof, shall. be liable, at the
discretion of
the Court, to be'kept in penal servitude for guy term not more than ten
dud riot less than three years,-or to be imprisoned for any term not
exceeding two years, with or without hard labour.
Whosoever shall b6 :convicted of mans. laugther shall be liable, at
the discretion of the Court, to be kept in penal servitude, for life or
for
any term not less than three years,-or to be imprisoned for any terns,
not .exceeding two years, with or without hard labour, or` to pay such.
fine as the Court shall award, in addition to or without any such other-
discretionary punishment as aforesaid.
r;gcivable 6 No punishment or forfeiture shall be incurred by atrperson mho
1'°''`~`~ shall bill another by misfortune or in his own defence, or rig
any other
manner without felony.
ORDINANCE ho. 4 of 1865.
Offences against the Pers6n.
'J. Every offence which, before the commencement of the Act of the Petit
Treason.
Imperial Parliament of the ninth year of Iiina George the Fourth, chapter
thirty-one, would have amount 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
accessories, .
shall be dealt with,. indicted, tried, and punished as principals and
acces-
sories in murder.
$. Where any person being felowously stricken, poisoned, or other-
wise hurt at any place in the Colony, shall die 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 shill amount 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 shall-
happen, in the same manner in all respects as if such offence bad been;
wholly committed in this Colony.
Attempts to Murder.
9. Whosoever shall administer to, or cause to be administered to,.
or u be taken by any person, any poison or other destructive thing or,
shall by any means whatsoever wound, or cause any grievous bodily -
harm to any person, with intent in any of the cases aforesaid to ,
commit,]
murder, shall be guilty of felon, and, being convicted thereof, shall be
liable, at the discretion of the Court, to be kept in penal servitude fdr,
life or for any term not. less than three years,- or to be imprisoned for
any term not exceeding two years, with or without hard labour, and with
or witho `ut solitary confinement.
10. Whosoever, by the explosion of gunpowder, or other explosive
substance, shall destroy or damage any building with intent to commit
murder:, shall be guilty of felony, and, being convicted thereof, shall
be liable, at the discretion of the Court, to be kept in penal servitude
for
life or for any term not less than three years,-or to be imprisoned for
any term not exceeding two years, with or without hard labour, and
W~itli ; or without solitary confinement.
11. Whogoever shall set fire to any ship or vessel,, or any part
thereof; or aq.. part of the tackle; apparel, or furniture thereof, ' or
any
goods oc .chattels being therein,: or shall cast .away or destroy axay
ship
.or Vessel with- -intent in any of such :cases, to commit: lp.urder;,
shall be.;
Prodisioii for -
ti^ial of Itnx-
der or man-
slaughter
where the
cause of deatli
only happens
in this Colony..
~tdtttkhter=,~,:
ing poison
wounding
with intent ~to -
murder:
Destroying .or.:
damaging a
building with
intent to
murder.
Setting fire to
or casting
away a ship
with intent
to muideT.-
URDINANCE` 1VTo. 4 of 1865.
Offences against the Person.
Attempting
to administer
poison, or
shooting, or
attempting to
shoot or
ciroWn, &c.,
with intent
to- murder.
By and other
means
attempting to
commit
murder.
Sending
letters
threatening to
murder.
guilty of felony, and, being convicted thereof, shall be liable, at the
discretion of the Court, to be kept in penal servitude for life or for any
term not less than three years, or to be imprisoned for any term not
exceeding two years, with yr without hard labour, and with or without
solitary confinement.
12. Whosoever shall attempt to administer to or shall attempt to
cause to be administered to or to be taken by any person any poison or
other destructive thing, or shall shoot at any person, yr shall, by
drawing
a -trigger or in any other manner, attempt to discharge any kind of
loaded.
arms at any person, or shall attempt to drown, suffocate, or strangle any
person, with intent, in any of the cases aforesaid, to commit murder,
shall,
whether any bodily injury be effected or not, be guilty of felony, and,
being convicted thereof, shall be liable, at the discretion of the Court,
to~
be kept in penal servitude for life or for any term not less than three
years,--or to be imprisoned for any term not exceeding two years, with
or without hard labour, and with or without solitary confinement.
13. Whosoever shall, -by any means other than those specified in
any of the preceding sections of this Ordinance, attempt to commit
murder, shall be guilty of felony; and; being convicted thereof, shad be.
liable, at the discretion of the Court, to be kept in penal servitude for
life
or for any term not less than three years,-or to be imprisoned for any
term not exceeding two years; with or without hard labour, and with yr
without solitary confinement.
Letters threatening to Murder.
14. Whosoever shall maliciously send, deliver, or utter, or directly,
or indirectly cause to be received, knowing the contents thereof, any
letter
or writing threatening to kill or murder any person, shall be guilty of
felony, and, being convicted thereof, shall. be .liable, ~t -the
discretion of
the Court, to be kept in penal servitude for any term not exceeding ten
years and .not less than three years,--or to be imprisoned for arty term
not .
exceeding two years, with or without hard labour, and with or without
solitary confinement, and, if a male under the age,of sixteen years, with,
or without whipping.
Acts causing or tending to cause Danger to Life or bodily Harm.
Impeding a 1~. Whosoever shall unlawfully and, maliciously prevent or
impede
person g any person, being on: board of or: having g tutted any ship or
vessel, which
ORDINANCE No. 4 of 1865.
Offences against the Pe?son.
shall be in distress, or wrecked, stranded, or cast on shore, in his
endeavour
to save his life or shall unlawfully and maliciously prevent or impede 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, being convicted
thereof, shall be liable:, at the discretion of the Court, to be kept in
penal
servitude for life or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement.
16. Whosoever shall unlawfully and maliciously by any means Shooting of
attempting
whatsoever wound or cause any grievous bodily harm to any person, or to
sboot, or
wounding, or
shoot at any person, or, by drawing a trl~ger or in ally other
manner, striking with
attempt to discharge any kind of loaded arms at any with intent intent to do
a 3 5 person, > grievous
in any of the cases aforesaid, to maim, disfigure, or disable any person,
bodily harm.
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, being convicted thereof, shall be liable,
at
the discretion of the Court, to be kept in penal servitude for life, or
for
any term not less than three years,-or to be imprisoned for any term
not exceeding two years, with or without hard labour, and with .-or
without solitary confinement.
17. Any gun, pistol, or other arms which shall be loaded in the
barrel with gunpowder or any other explosive substance, and ball, shotf
slug, or other destructive material, shall be deemed to be loaded arms
within the meaning of this Ordinance, although the attempt to discharge
the sane may fail from want of proper priming or from any other cause:
18. Whosoever shall unlawfully and maliciously wound or inflict
any grievous bodily harm upon any other person, either with or without
any weapon or instrument, shall be guilty of a misdemeanor, and, beinb
convicted thereof; shall be liable; at the discretion of the Court, to be
kept
in penal servitude for the term of three years,---or to be imprisoned for
any term not exceeding two years, with or without hard labour.
19. Whosoever shall, by any means whatsoever, attempt to choke,
suffocate, or strangle any other person, or shall by any means calculated
to choke, suffocate, or strangle, attempt 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
save himself
from ship-
wreck.
What shall
constitute
loaded army.
Inflicting
bodily injury'
with or
without
weapon.
Attempting
to choke, &c.,
in order to -
commit any
indictable
offence.
Using chloro-
form, &c., to
commit any
indictable
offepce.
Maliciously
administering
poison, &c., so
as to endanger
life or inflict
grievous
bodily harm.
poison,vdic., `'
with intent to
injure:
ORDINANCE :1fo. 4 0F 186.
Ct, ff'ences against the Person.
with intent in any of such eases thereby to assist any other person in
committing any indictable offence, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept
in penal servitude for life or for any term not less than three years,-or
to be imprisoned for any term not exceeding two years, with or without
hard labour.
20. Whosoever shall unlawfully apply or administer to or cause
to be taken by, or attempt to apply or administer to or attempt to cause
to be administered to or taken by, any person, any ebloroform, 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, being convicted thereof, shall be liable, at the discretion of the
Court,
to be kept in penal servitude for life or for any term not less than three
years,-.-or to be imprisoned for any term not exceeding two years, with
pr without hard labour.
21, Whosoever shall unlawfully and maliciously administer to or
cause to be administered to or taken by any other person,a,ny 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, being convicted thereof,
shall.
be liable, at the discretion of the Court, to be kept in penal servitude
for
any term not exceeding ten years and not less than three years,-or to
bel~itnprisoned for any term not exceeding two years, wig., ox without
hard labour.
2`'~,'. Whosoever shall unlawfully and maliciously administer to or
cause to be 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, anti, teing convicted
thereof, shall be liable, at the discretion of the Court, to 'Tie t :in
penal
servitudeAr the term of three years,-or to be imprisonedl or any term
not exceeding two years, with or without hard labour,
If jury, not 23. I£ upon the trial of any person for any felony in the
last but
satisfied that one .preceding section mentioned, the jury shall not be
satisfied, that such
charged 'g person is . ththereof, but shall be satisfied.that be is guilty
of an.
guilty of 'p~ guilty ~ felony they
may find him was4emeanor in. the, last preceding section mentioned, then
and in ever~r
ORDINANCE No. 4 0F 165.
-Offences against the Person.
such case 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 convicted upon an information for
such misdemeanor.
24. Whosoever, being legally liable; either as a master or mistress,
to provide for any apprentice or servant necessary food, clothing, or
lodging, shall wilfully and without lawful excuse refuse or neglect to
provide the same, or shall unlawfully and maliciously do or cause to be
done any bodily harm to any such apprentice or servant, so that the life
of such apprentice or servant shall be endangered, or the health. of such
apprentice or servant shall have been or shall be likely to be permanently
injured, shall be guilty of a misdemeanor, and, being convicted thereof,
shall be liable, at the discretion of the Court, to be kept in penal
servitude
for the term of three years,-or to be imprisoned for any term not
exceedin0 two years, with or without hard labour.
26. Whosoever shall unlawfully abandon or expose any child, being
under the acre of two years, whereby the life of such child shall be
endarigered, or the health of such child shall have been or shall be
likely
to be permanently injured, shall be guilty of a misdemeanor, and, being
convicted thereof, shall be liable, at the discretion of tile Court, to'
beept,
:in penal servitude for the term of three years,.-or to be imprisoned fir
any term not exceeding two years, with or without hard labour.
26. Whosoever shall unlawfully and maliciously, by the explosion
o£ gunpowd6f or other explosive substance, burn, maim, disfigure, disable,
:or do any grievous bodily harm to any person; shall be ,guilty of
.felony,
and, being convicted thereof, shall be liable, at the discretion of the
Court,
to be, kept in penal servitude for life or for any term not less than
three
years,-or to ke imprisoned for any term not exceeding two years, with
-or without bard-labour, and ivity or without solitary confinerpent, and,
if a male,:arf~er=the age of sixteen years, with or without whipping.
2T. Whosoever shall unlawfully and maliciously cause any gun-
powder or other explosive substance to explode, .or send or deliver to or
-cause, to be taken or received by any person any explosive substance, or
:any other dangerous or noxious thing, or put or lay at any place, or
7~ca,st or throw at or upon or otherwise apply to any person, any
corrosive
$uit1 or any .destructive. or explosive substance, with intent, .in any of
guilty of
zriisdemeanor.
Not providingy
apprentices or
servants with
food, R,c.,
whereby life
endangered.
Exposing
children
whereby life
endangered.
Causing
bodily injury
by gunpow-
der, &c.
Causing gnut-
powder to
explode, &e.,
or throwing
corrosive
fluid with
intent to do
grievous
bodily harm-
ORI?INANCE':N0. 4 '4 18M
Offences against the Person.
the cases aforesaid, to burn, maim, disfi;ure, or disable any person, or
to do some grievous bo:lily harm to any person, shall, whether any
bodily injury be effected or not, be guilty of felony, and, being
convicted
thereof, shall be liable, at the discretion of the Court, to be kept in
-penal
servitude for life or for guy' term. not less than three years,-or to be
imprisoned for any term not exceeding two years, with or witholzt hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping
F2$, Whosoever shall unlawfully and maliciously place, or throw
in, into, upon, against, or near any buildinn, ship, or vessel any Dun-
1'1lLCAUg gUSh
powder near
n building, -
kc., with
intent to do
bodily injury
arty
person,
betting0. spring
'fulls, P.C.,
with .intent
to, inflict
grievous
bodily hnrm
powder or other explosive substance, with intent to do any bodily injury
to any person, shall, whether or not any explosion take place, and
whether or not any bodily injury be effected, be guilty of felony, and,
being convicted thereof, shall be liable, at the discretion of the Court;
to
be kept in penal servitude for any term not exceeding fourteen years
and not less than three years,-or to be imprisoned for any ter m not
exceeding two years, with or without hard labour, and with or without
solitary confinement, and, if a rriale under the age of sixteen years,
with
or, without whipping.
, 29. Whosoever shall set or place, or cause to be set or placed, any
~sprina gun, man trap; or other enDine calculated to destroy human life
or. to inflict grievous bodily harm,, with the intent that the same or
whereby the same may destroy or inflict grievous bodily harm upon u
trespasser or other person coning in contact therewith, shall be guilty
of a misdemeanor, and, b2ina convicted thereof, shall be liable, at the
discretion of the, Court, to be kept in penal servitude for the .term of
three y8ars,-or to be imprisoned for guy term not exceeding two years,
with or without hard labour; and whosoever shall knowingly and
wilfully permit any such spring gun, man trap, or other= engine which
may have been set or placed in any place then being in or afterwards
comiub into his possession or occupation by some other person to con-
tinue so set or placed, shall 17e deemed to have set and placed such gun,
trap, or engine with such intent as aforesaid-: Provided that nothing in
this section contained shall extend to make it illegal to set or place any
dun or trap such as may 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
ORDINANCE No. 4 of 1565.
Offences against the Person.
be set or placed, or to be continued set or placed, from sunset to
sunrise,,
any spring gun, man trap, or other engine which shall be set or placed, of
caused or continue to be set or placed, in a dwelling-house, for the
protection
thereof.
30. Whosoever, leaving the charge of any carriage or vehicle, shall,
by wanton or furious driving or racing, or other wilful misconduct, or by
wilful neglect, do or cause to be done any bodily harm to any person
whatsoever, shall be guilty of a misdemeanor, and, being convicted
thereof;
shall be liable, at the discretion of the Court, to be imprisoned for any
,
term not exceeding t«o years, with or without hard labour.
Assaults.
31. Whosoever shall, by threats or force, obstruct or prevent, or
endeavour 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 shall strike or offer any violence to, or
shall, upon
a.ny civil process, or under the pretence of executing any civil process
arrest any clergyman or other minister wleo is engaged in, or to the know-
ledge 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, shall be'
-going to perform the same or returning from the performance thered*
-shall be guilty of a misdemeanor, and, being convicted thereof, shaft be
liable, at the discretion of the Court, to be imprisoned for any term ha0
,
exceeding two years, with or without hard labour.
32. Whosoever shall assault and strike or wound any Police Magis-
trate, Justice of the Peace, officer, or other person whatsoever 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, goods, or
effects
wrecked, stranded, or cast on shore, or lying under water, shall be
guilty,
of a misdemeanor, and, being convicted thereof, shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term not
exceeding seven years and not less than three years,-or to be imprisoned
for any term not exceeding two years, with or without hard labour.
33. Whosoever shall assault any person with intent to commit felony,
n,sanit witiL
-or shall assault, resist, or wilfully obstruct any constable or Police
officer le'O't~it
Drivers of car-
riages. &c., in-
juring persons
by furious
driving.
obstructing
or assaulting
clergyman,
&o., hi the
discharge cwt'
his duties.
Assaulting a
Magistrate;
&c., on
account. of bis
preserving
wreck.
ORDINANCE No: 4 oF, 1.865,.
Offences against the Person.
felony, or on in. the due execution of his duty, or any person acting in
aid of such'
peace ofHeers,
,&,c. officer, or shall assault 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, being convicted thereof, .
. shall be liable, at the discretion of the Court, -to be imprisoned for
any
' term not exceeding two years, with or without hard labour.
summary 34. Whosoever shall beat, or use any violence or threat of violence
conviction in
case of as- to any person, with intent to deter or hinder him from buying,
selling,
yanlts with
intent to ob- or otherwise disposing of or to compel him to buy, sell, or
otherwise
stmet the sale
of grain or its dispose of, any corn, rice, or other grain, flour,
plantains, yams, sweet
free naswge. . potatoes or other vegetables or salt in any market or other
place, or shall
beat or use any such violence or threat to any person having the care
or-
charge of any corn, rice, or other grain, flour, plantains, yams, sweet
potatoes, or other vegetables or salt whilst on- the way to or from any
city, town, or other place with intent to stop the conveyance of the same,
shall, on conviction thereof, before any Police Magistrate, be liable to
be-
imprisoned and kept to hard labour in the common gaol for any term not,
= exceeding three months: Provided that no person, who shall be'punished
for any such offence by virtue of this section, shall be punished for the-
same offence by virtue of any other Ordinance. .
Assaults on 36. -Whosoever shall unlawfully and with force binder or
prevent,,
persons witb
intent to - any person from working at or exercising his lawful trade,
business, or-
hind.er thorn
in working;. 0person or sball beat or use any violence or any threat- of
violence to
.aiy such person with intent to hinder or prevent him from working at or'
exercising the same, shall, on conviction thereof before any Police Magis=
trate, be liable to be imprisoned and kept to hard labour in the common;.
gaol for any term not exceeding three months: Provided that no person,
who shall be punished for any such offence by reason of this section,
shall
be punished for the same offence by virtue of any. other Ordinance.
36. Whosoever, in pursuance of any unlawful combination or co rn--
Ayeanlts
arising from
,oombinatton, spiracy to raise the rate o£ wages, or of any unlawful
combination or con-
spiracy respecting any trade, business, or manufacture, or respecting any
person concerned or employed therein, shall unlawfully assault any person,
shah be guilty of a misdemeanor, and, being convicted thereof, shall lae-
liable, at the discretion of the Court, to be imprisoned for auy~
t;exln'., not
exceeding two years, with or without hard labour.
ORDINANCE 1\o.- 4.oF.186fi.
Offences against the Person.
3'7, When any person shall be charge, b.fore any Police Hagistrate
with an assault or battery upon atiy tnale child whose age shall riot in
the
opinion of such Magistrate exceed fmrtean years, or upon any fernal`e~
either upon the complaint of the parry aggrieved or otherwise, the said
Magistrate rnay proceed to hear and determine the same in a summary,
way, and, if the some be proved, mziy convict the person accused; and
every such offender shall be liable to be imprisoned in the commua gaol,
with or without hard labour, fur any period not exceeding six' months or
to pay a fine not exceeding (cogether with costs) tile sum of one hundred
dollars, which fine shall be paid to tier Majesty for the use of tile
holoi~
and in default of payment to be imprisoned in the common gaol, with or
without hard labour, for any period not exceeding six months, unless
such fine and costs be sooner paid, and, if the Magistrate shall so think
fit, in any of the said cases, shall be bound to keep the peace and be of
ood bellriviorur fur any period not exceeding six months from the expira-
tion of such sentence.
38. If the Magistrate, upon the hearing of any case of assault or
battery upon the merits, where tile complaint was preferred .by or on the
behalf of the party aggrieved, .and shall deem the offence not to be
proved,
or shall find the assault or battery to have been justified, or
so.ti'i$ing as
not to merit any,punishinent, anti shall accordingly dismiss the com`~ht,
he shall forthwith make out a certificate under his hand.stating the, fact
of such dismissal, and shall deliver such certificate to the party apir at
Nv horn the complaint was perferred. -
39. If any person, against whom any such complaint as shad have
been preferred by or on the behalf of the party aggrieved, shall have
obtained such certificate, or, having been convicted, shall have paid tIhe
whole amount adjudged to be paid, or shall have .suffered the .im,prison-
ment, or imprisonment with hard labour awarded, in every such case he
shall be released from all further or other proceedings, civil or
criminal,
for the same cause,
40. Provided, that in case the Magistrate shall find the assault or
battery complained of to have been accompanied by any attempt to
commit felony, or shall be of opinion that the same is, from any, other
circumstance, a fit subject for a prosecution by information, be shall
abstain from -any adjudication thereupon, and.shall deal with .the case in
x,%11 rejects -in :the same .manner as if .he had no authority :finally
to hear
Assaults on
females and
boys under
fourteen
years of age.
If the Magis-
trate dismiss
the complain&.
he shall e °
out a eertifl=
ante to that
effect. - .
Certificate.of
conviction
shall be a bar
to any other
proceeding.
These provi-
sions not to
apply to
certain cases.
Common
assault.
ORDINANCE No. 4 0F 1865.
O,$'ences against the Person.
and determine the same: Provided also, that nothing herein contained
shall authorize any' 117agistra,te to hear and determine any case of
assault
or battery in which any question shall arise 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 any execution under the
process of any Court of Justice.
Assault 41. Whosoever shall be convicted upon an information of any assault
occasioning occasioning actual bodily harm shall be liable, at the
discretion of the
Court, to be kept in penal servitude -for the term of three years,---or
to be
imprisoned for any term not exceeding two years, with or without hard
labour; and whosoever shall be convicted upon an information for a
common assault shall be liable, at the discretion of the Court, lor o, f a
Police Magistrate: Repealed by Ordinance No. 16 of 1875] to be
imprisoned for any term not exceeding one year, with yr without hard
labour.
Procuring the
defilement of
girl under
age.
Carnally
knowing a
girl under
ten years of
age.
Rape, Abduction, and Defilement of Women.
42. Whosoever shall be convicted of the crime of rape shall be guilty
of felony, and, being convicted thereof, shall be liable, at the
discretion
of the Court, to be kept in penal servitude for life or for any term not
less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour.
43. Whosoever shall, by false pretences, false representations or other
fraudulent means, procure any woman or girl under the age of twenty-one
years to have illicit or carnal connexion with any man, shall be guilty of
a misdemeanor, and, being convicted thereof, -shall be liable, at the
discretion of the Court, to be imprisoned for any term not exceeding two
years, with or without hard labour.
44. Whosoever shall unlawfully and carnally know and abuse any
girl under the age of ten years shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept in penal servitude for life or for any term not less than three
years,--or to be imprisoned for any term not exceeding two years, with
or without hard labour.
Carnally 45. Whosoever shall unlawfully and carnally know and abuse any
knowing a
girl between girl being above the age of ten years and under the abwe o£
twelve yearls
ORDINANCE No. 4 OF 1865.
Offences against the Person.
shall be guilty of a misdemeanor, and; being convicted thereof., shall' be
liable, at the discretion of the Court, to be kept in penal servitude for
the term of three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour.
46. Whosoever shall be convicted of any indecent assault upon any
female, or of any attempt to have carnal knowledge of any girl under
twelve years of age, shall be liable, at the discretion of the Court, to
be
imprisoned for any term not exceeding two years, with or without
hard labour.
4'7. Where any woman of any age shall have any interest whether
legal or equitable, present or future, absolute, conditional, or
contingent,
in any real or personal estate or shall be a presumptive heiress or
coheiress or presumptive next of kin, or one of the presumptive next of
kin, to anyone having such interest, whosoever shall, from motives of
lucre, take away or detain such woman against her will, with intent to
harry or carnally know her, or to cause her to .be married or carnally
known by any other person; and whosoever shall fraudulently allure,
take away, or detain such woman, being under the age of twenty-one
years, out of the possession and against the will of her father or mother,
or of any other person having the lawful care or charge of her,. with
intent to marry or carnally know her, or to cause her to be married or
carnally known by any other person, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept in penal servitude for any term not exceeding fourteen years and
not less than three years,-or to be imprisoned for any term not exceed-
ing two years, with or without hard labour; and whosoever shall be
convicted of any offence against this section, shall be incapable of
taking
any estate or interest, legal or equitable; in any real or personal estate
of such woman, or in which she shall have any such interest, or which
shall come to her as such heiress, coheiress, or next of kin as aforesaid
;
and if any such marriage as aforesaid shall have taken place, such
property shall, . upon such conviction, be settled in such manner as the
Supreme Court in this Colony sitting in its Equity Jurisdiction shall,
upon any information at the suit of the Attorney General, appoint.
48. Whosoever shall, by force, take away or detain against her will
any woman of any age, with intent to marry or carnally know her, onto
cause her to be married or carnally .known by any other person, shall be
the ages of
ten and
twelve.
[Compare
No. 11 of 1890
s. G.]
Attempts to
commit the
last two
offences.
Abduction of
a woman
against her
will from
motives of
lucre.
Fraudulent
abduction of
a girl against.,.
the will of her
father; &c. . -
Offender
incapable of
taking any of
her property.
Forcible ab-
duction of
any woman
with intent to,
marry her..
QRDINAhTCS'To. 4 of:Itk65:
Offences against the Person.
guilty of felony, and; being convicted thereof, .shall be liable, at thie
discretion of the Court, to be kept in penal servitude for any term not
exceeding fourteen years and not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour.
Abduction of a,
girl under six-
teen years of ege.
Forcible tak
ing-or keeping
any perso~.~.
[See oral-V.
Sarnaea No. 3
of 1888 and
No. 3 of 1881.]
Child
stealing.
(&o Ordi-
nanoes No. 3
of 1888 and
No. 3 of
49. Whosoever shall unlawfully take or cause to be taken any unmarried
girl, being
under the age of sixteen years, out of the possession and against the
will of her father
and mother, or of any other person having the lawful care or charge of
her, shall be
guilty of a misdemeanor, and, being convicted thereof, shall be liable,
at the discretion of
the Court, to be imprisoned for any term not exceeding two years, with or
without hard
labour. [Repealed by Ordinance No. 9 of 1890 and new section
substituted.*]
Forcible Taking or Detention.
60. Whosoever shall, by force, take away or detain against his will
any man or boy, woman or female child with intNnt to sell him or her, or
to procure a ransom or benefit for his or her liberation, shall be guilty
of
felony, and, being convicted thereof, shall be liable, at the discretion
of
the Court, to be kept in penal servitude for any term not exceeding
fourteen years and not less than three years,-or to be imprisoned for
any term not exceeding two years, with or without hard labour.
Child Stealing.
ra1. Whosoever shall unlawfully, either by force or fraud, lead or
take away, or decoy or entice away, or detain any child under the are of
fourteen years, with intent to deprive any parent, guardian, or other
person having the lawful care or charrye of such child of the possession
of:-:
such child, or with intent to steal :ury article upon or. about the
person'
of such child, to whomsoever such article may beloan, and whosoever
shall, with any such intent, receive or harbour aav such child, knowing
the same to have been, by force or fraud, led, token, decoyed, enticed
away, or detained as in this section before mentioned, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion
o£
the Court, to be kept in penal servitude for any term not exceeding seven
years and not less than three years,-or to be imprisoned for any term .
not exceeding two years, with or without hard labour, and, if a male
under the age o£ sixteen years, with or without whipping: Provided,
NOTE.- The substituted section changes the word 'and' between the words
°1fathei
and mother' to -',or.'
QRI?IhTAivTCE? NA. 4 or 1865.
Offeuces agaiust the Person.
that no person who shall have claimed any right to the possession of
such child, or shall be the mother or shall have 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.
Bigamy.
62, Whosoever, being married, shall marry any other person during
Bisatn,F.
the life of the former husband or wife, [whether the second qnarriczge
shall
have taken place in the Colony or elsewhere: Repealed by Ordinance No.
1 of 1866] shall be guilty of felony, and, being convicted thereof; shall
be
liable, at the discretion of the Court, to be kept in penal servitude for
any
term not exceeding seven years and not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour: Provided that nothing in this section contained shall extend , [to
any s~eond marl iacle contracted eb~FUlz,ere than in this Colony by any
otlaer
-than a subject of Her lllajesty: Repealed Ly Ordinance No. 1 of 1866]
to any person marrying a second time whose husband or wife shall have
beep continually absent from such persons for the space of seven yews
then last past, and shall not have been known by such persons to be living
within that time, or shall extend to any person who, at the time of such
second marriage, shall have been divorced from the, band of the fist
marriage, or to any person whose former marriage shill have been declared
void by the sentence of any Court of competent jurisdiction.
Attempt to procure Abortion.
M, Every woman, being with child, who with intent to procure her
own miscarriage, shall unlawfully administer to herself any poison or
other noxious thing, or shall unlawfully use any instrument or other
means whatsoever with the like intent, find whosoever, .with intent to
procure the miscarriage of any woman, whether she be or be not with
child, shall unlawfully administer to her or cause to be taken by her any
poison or other noxious thing, or shall unlawfully use any instrument or
lother -means whatsoever with the like intent, shall be guilty of felony,
and,
being convicted thereof, shall be liable, at the discretion of the Court,
to
be :kept in penal servitude for life or for any term not less .than
.three years,
_,-.~-Qr to be, imprisoned for any term not exceeding two years, with or
with-
-out hard labo-ur, and with or without solitary confinement.
1Vdt to catenri
to c~rtain.
marriages,
Rc., herein
stated.
Adrriinis-
tering drugs,
or using
instruments'
to procure
abortion.
ORDINANCE No. 4 or 1865.
Offences against the Person.
Procuring 54. Whosoever shall unlawfully supply or procure any poison or
drugs, &c., to
cause abor- other noxious thing or any instrument or thing whatsoever,
knowing that
tion. the same is intended to be unlawfully used or employed with intent to
procure the miscarriage of any woman, whether she be or be not with
child, shall be guilty of a misdemeanor, and, being convicted thereof,
shall
be liable, at the discretion of the Court, to be kept in penal servitude
for
the term of three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour.
Concealing the Birth of a Child.
Concealing 55. If any woman shall be delivered of a child, every person who
the birth of
a child. shall, by any secret disposition of the dead body of the said
child
whether such child died before, at, or after its birth, endeavour
to conceal the birth thereof, shall be guilty of a misdemeanor, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, with or without hard
labour: Provided that if any person tried for the murder of any child
shall be acquitted thereof, it shall be lawful for the jury by whose
verdict
such person shall be acquitted to find, in case it shall so appear 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 upon an information for the concealment
,.of the birth.
Unnatural Offence. N
Sodomy and 56. Whosoever shall be convicted of the abominable crime of
bestiality. buggery, committed either with mankind or with any animal,
shall be
guilty of felony, and shall be liable, at the discretion of the Court, to
be
kept in penal, servitude for life, or for any term not less than ten yeas.
Attempt to 57. Whosoever shall attempt to commit the said abominable crime,
commit a
unnatural or shall be wiltY of anY assault with intent to commit the same,
or of
b
nffenee. any indecent assault upon any male person, shall be guilty of a
misdemeanor, and, being convicted thereof, shall be liable, at the
discretion
of the Court, to be kept in penal servitude for any term not exceeding
ten years and not less than three years,-or to be imprisoned ,for any
term not exceeding two years, with or without hard labour. .'
ORDINANCE No. A of 1865.
Offences against the Person.
58. Whenever upon the trial for any offence punishable under this carnal
know-
ledge defiuecL
Ordinance it may be 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 the carnal knowledge shall be deemed complete
upon proof of penetration only.
Making Gunpowder to commit Offences, and searching for the same.
59. Whosoever shall knowingly have in his possession, or make or
manufacture, any gunpowder, explosive substance, or any 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 in this Ordinance mentioned shall
be guilty of a misdemeanor, and, being convicted thereof, shall be liable,
at the discretion of the Court, to be imprisoned for any term not exceed-
ing two years, with or without hard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without whipping.
60. Upon reasonable cause assigned upon oath or declaration b,
-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 in this Ordinance mentioned, a
Police ivlagistrate may issue a warrant under his hand and seal for
searching, in the day-time, any house, mill, magazine, storehouse,
warehouse, shop, cellar, yard, wharf, or other place, or any carriage,
waggon, 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 same substances and things shall be brought before a Police Magis-
trate, and, upon due proof that the same has been made, kept, or carried
for any of the purposes aforesaid, whether in the presence or absence of
the owner of the same substances and things, a Police Magistrate may
<declare the same to be and the same shall be forfeited accordingly; and
every Police 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, or things, found upon such search, which
-he shall have gooacause to suspect to be intended to be used in com-
Mt,kivg or
having gun-
powder with
intent to
commit any
felony against
this Ordi-
nance.
Magistrate
may issue
warrant for
searching
houses;-&o.,
for such-gun-
powdec.
0:RDINANC.E~ .Vo. 4. or 1865.
Offences against the Person.
mining any such offence, and the barrels, packa;;es, cases, and other
receptacles in which the same shall be, the same powers and protections'
which are given by Ordinance No. 10 of 1844.
Other Matters.
A person
loitering at
-night and
Suspected of
any felony
may be appre-
hended.
Punishment
of principals
in the second
degrees anti
:vcaessorae,-
61. Any constable or peace offrcer may take into custody without a
warrant, any person whom he shall find lying or loitering or being in
any highway, yard, or other place during the night, and whom he shall
have reasonable cause to suspect. of (raving committed or being about to
c«mmit,or intending to commit any felony or misdemeanor in this ()rdi-
nance mentioned, and shall take such person, as soon as reasonably rnay
be, before a Police Magistrate, to be dealt with according to law.
62. 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 ; and every accessory, after the
fact to' any felony punishable under this Ordinance (except murder]
shall be liable to be imprisoned for any term not exce:e~ling two years,
with or without hard labour ; and every accessory user the fact to~
murder shall be liable, at the discretion of the Court, to be kept in
penal?
.servitude for life, or for any term not less than three years,-or to be
.imprisoned for any term not exceeding two years, with or without hard
labour; and whosoever shall conceal, aid, or abet the commission of any
.indictable misderneauor, punishable; under this Ordinance, shall be
liable
to be proceeded against, indicted, and punished as a principal offender.
Hard labour. 613. Whenever imprisonment, with or without hard labour, may
awarded for any indictable offence under this Ordinance, the Court mad
sentence the offender to be irnpqkoned, or to be imprisoned and kept to
bard labour, and in either case the sentence shall be carried out in
accord:
,1ance with the provisions of Ordinance No. 4.of 1863, section 15. ~°~ No.
'18 of 1885' as amended by Ordinance No. 18 of 1885.)
64. Whenever solitary confinement may be awarded for any offence
under this Ordinance, the Court may direct the offender to be kept i>i
solitary confinement for any portion or portions of his imprisonment, or
of any imprisonment or any imprisonment with hard labour, which the
-Court may award not exceeding one month at arty one tune, and not,
exceeding three months in any one year; [Repealed hr/ Ordinance No: i
of -r866 and iaezd section substituted.]
Ordinance No. 4 of 1865.
Offences against the Person.
65. Whenever any person shall be convicted of any indictable
misdemeanor, punishable under this Ordinance, the Court may, if it shall
think fit, in addition to or in lieu of any punishment by this Ordinance
authorized, fine the offender, and require him to enter into his own
reconnizances, 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, if it shall
think fit, 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 by this Ordinance authorized: Provided that no person shall
be imprisoned for not finding sureties under this section for any period
exceeding one year.
66. No summary conviction under this Ordinance shall be quashed
for want of form, or be removed by certiorari, and no warrant of commit-
ment shall be held void by reason of any defect therein, provided it be
therein alleged that the party has been convicted, and there be a good
and valid conviction to sustain the same.
67.'very offence tinder this Ordinance made punishable on sum-
mary conviction by a Police Magistrate shall be prosecuted, tried, and
determined in all respects in the manner directed by Ordinance No. 10 of
1844,' and all provisions contained in the said Ordinance shall be applic-
able to such prosecutions in the same manner as if they were incorporated
in this Ordinance: Provided that nothing in this Ordinance contained
shall, in any manner otherwise than as respects the punishment, alter or,
affect any enactment now in force relating to procedure in the case of
I y offence punishable on summary conviction, or the recovery or applica-
tion of any penalty or forfeiture for any such offence.
68. This Ordinance shall commene-amd take effect on the fourteenth
day of June, in the year one thousand eight hundred and sixty-five.
757
Title.
[Sec 24 & 25 Vic. c. 100.]
Preamble.
758
Murder.
Sentence for murder.
Burial of body.
Conspiring or soliciting to commit murder.
Manslaughter.
Excusable homicide.
759
Petit Treason.
Provision for trial of murder or manslaughter where the cause of death only happens in this Colony.
Administering poison or wounding with intent to murder.
Destroying or damaging a building with intent to murder.
Setting fire to or casting away a ship with intent to murder.
760
Attempting to administer poison, or shooting, or attempting to shoot or drown, &c., with intent to murder.
By any other means attempting to commit murder.
Sending letters threatening to murder.
Impeding a person endeavouring to
761
save himself from shipwreck.
Shooting or attempting to shoot, or wounding, or striking with intent to do grievous bodily harm.
What shall constitute loaded arms.
Inflicting bodily injury with or without weapon.
Attemping to choke, &c., in order to commit any indictable offence.
762
Using chloroform, &c., to commit any indictable offence.
Maliciously administering poison, &c., so as to endanger life or inflict grievous bodily harm.
Maliciously administering poison, &c., with intent to injure.
If jury not satisfied that person charged is guilty of felony they may find him
763
guilty of misdemeanor.
Not providing appretices or servants with food, &c., whereby life endangered.
Exposing children whereby life endangered.
Causing bodily injury by gunpowder, &c.
Causing gunpowder to explode, &c., or throwong corrosive fluid with intent to do grievous bodily harm.
764
Placing gunpowder near a building, &c., with intent to do bodily injury to any person.
Setting spring guns, &c., with intent to inflict grievous bodily harm.
765
Drivers of carriages, &c., injuring persons by furious driving.
Obstructing or assaulting clergyman, &c., in the discharge of his duties.
Assaulting a Magistrate, &c., on account of his preserving wreck.
Assault with intent to commit
766
felong, or on peace officers, &c.
Summary conviction in case of assaults with intent to obstruct the sale of grain or its free passage.
Assaults on persons with intent to hinder them in working.
Assaults arising from combination.
767
Assaults on females and boys under fourteen years of age.
If the Magistrate dismiss the complaint he shall make out a certificate to that effect.
Certificate of conviction shall be a bar to any other proceeding.
Three provisions not to apply to certain cases.
768
Assault occasioning bodily harm.
Common assault.
Rape.
Procuring the defilement of girl under age.
Carnally knowing a girl under ten years of age.
Carnally knowing a girl between
769
the ages of ten and twelve. [Compare No. 11 of 1890 s. 6.]
Attemtps to commit the last two offences.
Abduction of a woman against her will from motives of lucre.
Fraudulent abduction of a girl against the will of her father, &c.
Offender incapable of taking any of her property.
Forcible abduction of any woman with intent to marry her.
770
abduction of a girl under sixteen years of age.
Forcible taking or keeping any person.
[See Ordinance No. 3 of 1868 and No. 3 of 1881.]
Child stealing.
[See Ordinances N0. 3 of 1868 and No. 3 of 1881.]
771
Bigamy.
Not to extend to certian marriages, &c., herein stated.
Administering drugs or using instruments to procure abortion.
772
Procuring drugs, &c., to cause abortion.
Concealing the birth of a child.
Sodomy and bestiality.
Attempt to commit an unnatural offence.
773
Carnal knowledge defined.
Making or having gunpowder with intent to commit any felony against this Ordinance.
Magistrate may issue warrant for searching houses, &c., for such gunpowder, &c.
774
A person loitering at night and suspected of any felony may be apprehended.
Punishment of principals in the second degrees and accessories.
Hard labour.
Solitary confinement.
775
In what cases fine and sureties for keeping the peace to awarded.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases of summary conviction.
[* See Ord. No. 10 of 1890.]
Commencement of Ordinance.
No. 4 of 1865.
An Ordinance to consolidate and amend the Enactments, in
Force in this Colony relating to Offences against the Person.
[2nd June, 1865.]
WHEREAS, it is expedient to consolidate and .amend the Enact-, Preamble.
ments#in force in this Colony relating to offences against the
person : Be it therefore enacted by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as
follows :--
13 under.
Sentence for
an0.rder.
Iinrial of
L(xry.
aonstsinngrr
u>lieiting to -
u>mmlt mur-
der.
Ii;duslaughter.
ORDINANCE No. 4 or 1865.
0fenees against the Person.
Homicide.
felon.
1. Whosoever shall be convicted of murder shall suffer death as a
2. Upon 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 pronounced and carried into execution, and all other proceed-
ings thereupon and in respect thereof might have been had and taken,
before the passing of this Ordinance upon a conviction for any other-
.felony for which the prisoner might have been sentenced to suffer death
as a felon.
3. The body of every person executed for murder shall be buried
in such place as the Governor shall order, and the sentence of the Court
shall so direct.
4. All, persons who shall within this Colony conspire, confederate
and agree to murder any person, whether he be a subject of Her Majesty
or not, and whether he be within the queen's Dominions or not, and.
whosoever within this Colony shall solicit, encourage, persuade, or-
endeavour to persuade, or shall propose to any person, to murder any
other person, whether he be a subject of Her Majesty or not, and whether'
he be within the Queen's Dominions or not, shall be guilty of a misde--
meanor`, and, being convicted thereof, shall. be liable, at the
discretion of
the Court, to be'kept in penal servitude for guy term not more than ten
dud riot less than three years,-or to be imprisoned for any term not
exceeding two years, with or without hard labour.
Whosoever shall b6 :convicted of mans. laugther shall be liable, at
the discretion of the Court, to be kept in penal servitude, for life or
for
any term not less than three years,-or to be imprisoned for any terns,
not .exceeding two years, with or without hard labour, or` to pay such.
fine as the Court shall award, in addition to or without any such other-
discretionary punishment as aforesaid.
r;gcivable 6 No punishment or forfeiture shall be incurred by atrperson mho
1'°''`~`~ shall bill another by misfortune or in his own defence, or rig
any other
manner without felony.
ORDINANCE ho. 4 of 1865.
Offences against the Pers6n.
'J. Every offence which, before the commencement of the Act of the Petit
Treason.
Imperial Parliament of the ninth year of Iiina George the Fourth, chapter
thirty-one, would have amount 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
accessories, .
shall be dealt with,. indicted, tried, and punished as principals and
acces-
sories in murder.
$. Where any person being felowously stricken, poisoned, or other-
wise hurt at any place in the Colony, shall die 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 shill amount 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 shall-
happen, in the same manner in all respects as if such offence bad been;
wholly committed in this Colony.
Attempts to Murder.
9. Whosoever shall administer to, or cause to be administered to,.
or u be taken by any person, any poison or other destructive thing or,
shall by any means whatsoever wound, or cause any grievous bodily -
harm to any person, with intent in any of the cases aforesaid to ,
commit,]
murder, shall be guilty of felon, and, being convicted thereof, shall be
liable, at the discretion of the Court, to be kept in penal servitude fdr,
life or for any term not. less than three years,- or to be imprisoned for
any term not exceeding two years, with or without hard labour, and with
or witho `ut solitary confinement.
10. Whosoever, by the explosion of gunpowder, or other explosive
substance, shall destroy or damage any building with intent to commit
murder:, shall be guilty of felony, and, being convicted thereof, shall
be liable, at the discretion of the Court, to be kept in penal servitude
for
life or for any term not less than three years,-or to be imprisoned for
any term not exceeding two years, with or without hard labour, and
W~itli ; or without solitary confinement.
11. Whogoever shall set fire to any ship or vessel,, or any part
thereof; or aq.. part of the tackle; apparel, or furniture thereof, ' or
any
goods oc .chattels being therein,: or shall cast .away or destroy axay
ship
.or Vessel with- -intent in any of such :cases, to commit: lp.urder;,
shall be.;
Prodisioii for -
ti^ial of Itnx-
der or man-
slaughter
where the
cause of deatli
only happens
in this Colony..
~tdtttkhter=,~,:
ing poison
wounding
with intent ~to -
murder:
Destroying .or.:
damaging a
building with
intent to
murder.
Setting fire to
or casting
away a ship
with intent
to muideT.-
URDINANCE` 1VTo. 4 of 1865.
Offences against the Person.
Attempting
to administer
poison, or
shooting, or
attempting to
shoot or
ciroWn, &c.,
with intent
to- murder.
By and other
means
attempting to
commit
murder.
Sending
letters
threatening to
murder.
guilty of felony, and, being convicted thereof, shall be liable, at the
discretion of the Court, to be kept in penal servitude for life or for any
term not less than three years, or to be imprisoned for any term not
exceeding two years, with yr without hard labour, and with or without
solitary confinement.
12. Whosoever shall attempt to administer to or shall attempt to
cause to be administered to or to be taken by any person any poison or
other destructive thing, or shall shoot at any person, yr shall, by
drawing
a -trigger or in any other manner, attempt to discharge any kind of
loaded.
arms at any person, or shall attempt to drown, suffocate, or strangle any
person, with intent, in any of the cases aforesaid, to commit murder,
shall,
whether any bodily injury be effected or not, be guilty of felony, and,
being convicted thereof, shall be liable, at the discretion of the Court,
to~
be kept in penal servitude for life or for any term not less than three
years,--or to be imprisoned for any term not exceeding two years, with
or without hard labour, and with or without solitary confinement.
13. Whosoever shall, -by any means other than those specified in
any of the preceding sections of this Ordinance, attempt to commit
murder, shall be guilty of felony; and; being convicted thereof, shad be.
liable, at the discretion of the Court, to be kept in penal servitude for
life
or for any term not less than three years,-or to be imprisoned for any
term not exceeding two years; with or without hard labour, and with yr
without solitary confinement.
Letters threatening to Murder.
14. Whosoever shall maliciously send, deliver, or utter, or directly,
or indirectly cause to be received, knowing the contents thereof, any
letter
or writing threatening to kill or murder any person, shall be guilty of
felony, and, being convicted thereof, shall. be .liable, ~t -the
discretion of
the Court, to be kept in penal servitude for any term not exceeding ten
years and .not less than three years,--or to be imprisoned for arty term
not .
exceeding two years, with or without hard labour, and with or without
solitary confinement, and, if a male under the age,of sixteen years, with,
or without whipping.
Acts causing or tending to cause Danger to Life or bodily Harm.
Impeding a 1~. Whosoever shall unlawfully and, maliciously prevent or
impede
person g any person, being on: board of or: having g tutted any ship or
vessel, which
ORDINANCE No. 4 of 1865.
Offences against the Pe?son.
shall be in distress, or wrecked, stranded, or cast on shore, in his
endeavour
to save his life or shall unlawfully and maliciously prevent or impede 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, being convicted
thereof, shall be liable:, at the discretion of the Court, to be kept in
penal
servitude for life or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement.
16. Whosoever shall unlawfully and maliciously by any means Shooting of
attempting
whatsoever wound or cause any grievous bodily harm to any person, or to
sboot, or
wounding, or
shoot at any person, or, by drawing a trl~ger or in ally other
manner, striking with
attempt to discharge any kind of loaded arms at any with intent intent to do
a 3 5 person, > grievous
in any of the cases aforesaid, to maim, disfigure, or disable any person,
bodily harm.
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, being convicted thereof, shall be liable,
at
the discretion of the Court, to be kept in penal servitude for life, or
for
any term not less than three years,-or to be imprisoned for any term
not exceeding two years, with or without hard labour, and with .-or
without solitary confinement.
17. Any gun, pistol, or other arms which shall be loaded in the
barrel with gunpowder or any other explosive substance, and ball, shotf
slug, or other destructive material, shall be deemed to be loaded arms
within the meaning of this Ordinance, although the attempt to discharge
the sane may fail from want of proper priming or from any other cause:
18. Whosoever shall unlawfully and maliciously wound or inflict
any grievous bodily harm upon any other person, either with or without
any weapon or instrument, shall be guilty of a misdemeanor, and, beinb
convicted thereof; shall be liable; at the discretion of the Court, to be
kept
in penal servitude for the term of three years,---or to be imprisoned for
any term not exceeding two years, with or without hard labour.
19. Whosoever shall, by any means whatsoever, attempt to choke,
suffocate, or strangle any other person, or shall by any means calculated
to choke, suffocate, or strangle, attempt 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
save himself
from ship-
wreck.
What shall
constitute
loaded army.
Inflicting
bodily injury'
with or
without
weapon.
Attempting
to choke, &c.,
in order to -
commit any
indictable
offence.
Using chloro-
form, &c., to
commit any
indictable
offepce.
Maliciously
administering
poison, &c., so
as to endanger
life or inflict
grievous
bodily harm.
poison,vdic., `'
with intent to
injure:
ORDINANCE :1fo. 4 0F 186.
Ct, ff'ences against the Person.
with intent in any of such eases thereby to assist any other person in
committing any indictable offence, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept
in penal servitude for life or for any term not less than three years,-or
to be imprisoned for any term not exceeding two years, with or without
hard labour.
20. Whosoever shall unlawfully apply or administer to or cause
to be taken by, or attempt to apply or administer to or attempt to cause
to be administered to or taken by, any person, any ebloroform, 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, being convicted thereof, shall be liable, at the discretion of the
Court,
to be kept in penal servitude for life or for any term not less than three
years,-.-or to be imprisoned for any term not exceeding two years, with
pr without hard labour.
21, Whosoever shall unlawfully and maliciously administer to or
cause to be administered to or taken by any other person,a,ny 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, being convicted thereof,
shall.
be liable, at the discretion of the Court, to be kept in penal servitude
for
any term not exceeding ten years and not less than three years,-or to
bel~itnprisoned for any term not exceeding two years, wig., ox without
hard labour.
2`'~,'. Whosoever shall unlawfully and maliciously administer to or
cause to be 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, anti, teing convicted
thereof, shall be liable, at the discretion of the Court, to 'Tie t :in
penal
servitudeAr the term of three years,-or to be imprisonedl or any term
not exceeding two years, with or without hard labour,
If jury, not 23. I£ upon the trial of any person for any felony in the
last but
satisfied that one .preceding section mentioned, the jury shall not be
satisfied, that such
charged 'g person is . ththereof, but shall be satisfied.that be is guilty
of an.
guilty of 'p~ guilty ~ felony they
may find him was4emeanor in. the, last preceding section mentioned, then
and in ever~r
ORDINANCE No. 4 0F 165.
-Offences against the Person.
such case 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 convicted upon an information for
such misdemeanor.
24. Whosoever, being legally liable; either as a master or mistress,
to provide for any apprentice or servant necessary food, clothing, or
lodging, shall wilfully and without lawful excuse refuse or neglect to
provide the same, or shall unlawfully and maliciously do or cause to be
done any bodily harm to any such apprentice or servant, so that the life
of such apprentice or servant shall be endangered, or the health. of such
apprentice or servant shall have been or shall be likely to be permanently
injured, shall be guilty of a misdemeanor, and, being convicted thereof,
shall be liable, at the discretion of the Court, to be kept in penal
servitude
for the term of three years,-or to be imprisoned for any term not
exceedin0 two years, with or without hard labour.
26. Whosoever shall unlawfully abandon or expose any child, being
under the acre of two years, whereby the life of such child shall be
endarigered, or the health of such child shall have been or shall be
likely
to be permanently injured, shall be guilty of a misdemeanor, and, being
convicted thereof, shall be liable, at the discretion of tile Court, to'
beept,
:in penal servitude for the term of three years,.-or to be imprisoned fir
any term not exceeding two years, with or without hard labour.
26. Whosoever shall unlawfully and maliciously, by the explosion
o£ gunpowd6f or other explosive substance, burn, maim, disfigure, disable,
:or do any grievous bodily harm to any person; shall be ,guilty of
.felony,
and, being convicted thereof, shall be liable, at the discretion of the
Court,
to be, kept in penal servitude for life or for any term not less than
three
years,-or to ke imprisoned for any term not exceeding two years, with
-or without bard-labour, and ivity or without solitary confinerpent, and,
if a male,:arf~er=the age of sixteen years, with or without whipping.
2T. Whosoever shall unlawfully and maliciously cause any gun-
powder or other explosive substance to explode, .or send or deliver to or
-cause, to be taken or received by any person any explosive substance, or
:any other dangerous or noxious thing, or put or lay at any place, or
7~ca,st or throw at or upon or otherwise apply to any person, any
corrosive
$uit1 or any .destructive. or explosive substance, with intent, .in any of
guilty of
zriisdemeanor.
Not providingy
apprentices or
servants with
food, R,c.,
whereby life
endangered.
Exposing
children
whereby life
endangered.
Causing
bodily injury
by gunpow-
der, &c.
Causing gnut-
powder to
explode, &e.,
or throwing
corrosive
fluid with
intent to do
grievous
bodily harm-
ORI?INANCE':N0. 4 '4 18M
Offences against the Person.
the cases aforesaid, to burn, maim, disfi;ure, or disable any person, or
to do some grievous bo:lily harm to any person, shall, whether any
bodily injury be effected or not, be guilty of felony, and, being
convicted
thereof, shall be liable, at the discretion of the Court, to be kept in
-penal
servitude for life or for guy' term. not less than three years,-or to be
imprisoned for any term not exceeding two years, with or witholzt hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping
F2$, Whosoever shall unlawfully and maliciously place, or throw
in, into, upon, against, or near any buildinn, ship, or vessel any Dun-
1'1lLCAUg gUSh
powder near
n building, -
kc., with
intent to do
bodily injury
arty
person,
betting0. spring
'fulls, P.C.,
with .intent
to, inflict
grievous
bodily hnrm
powder or other explosive substance, with intent to do any bodily injury
to any person, shall, whether or not any explosion take place, and
whether or not any bodily injury be effected, be guilty of felony, and,
being convicted thereof, shall be liable, at the discretion of the Court;
to
be kept in penal servitude for any term not exceeding fourteen years
and not less than three years,-or to be imprisoned for any ter m not
exceeding two years, with or without hard labour, and with or without
solitary confinement, and, if a rriale under the age of sixteen years,
with
or, without whipping.
, 29. Whosoever shall set or place, or cause to be set or placed, any
~sprina gun, man trap; or other enDine calculated to destroy human life
or. to inflict grievous bodily harm,, with the intent that the same or
whereby the same may destroy or inflict grievous bodily harm upon u
trespasser or other person coning in contact therewith, shall be guilty
of a misdemeanor, and, b2ina convicted thereof, shall be liable, at the
discretion of the, Court, to be kept in penal servitude for the .term of
three y8ars,-or to be imprisoned for guy term not exceeding two years,
with or without hard labour; and whosoever shall knowingly and
wilfully permit any such spring gun, man trap, or other= engine which
may have been set or placed in any place then being in or afterwards
comiub into his possession or occupation by some other person to con-
tinue so set or placed, shall 17e deemed to have set and placed such gun,
trap, or engine with such intent as aforesaid-: Provided that nothing in
this section contained shall extend to make it illegal to set or place any
dun or trap such as may 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
ORDINANCE No. 4 of 1565.
Offences against the Person.
be set or placed, or to be continued set or placed, from sunset to
sunrise,,
any spring gun, man trap, or other engine which shall be set or placed, of
caused or continue to be set or placed, in a dwelling-house, for the
protection
thereof.
30. Whosoever, leaving the charge of any carriage or vehicle, shall,
by wanton or furious driving or racing, or other wilful misconduct, or by
wilful neglect, do or cause to be done any bodily harm to any person
whatsoever, shall be guilty of a misdemeanor, and, being convicted
thereof;
shall be liable, at the discretion of the Court, to be imprisoned for any
,
term not exceeding t«o years, with or without hard labour.
Assaults.
31. Whosoever shall, by threats or force, obstruct or prevent, or
endeavour 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 shall strike or offer any violence to, or
shall, upon
a.ny civil process, or under the pretence of executing any civil process
arrest any clergyman or other minister wleo is engaged in, or to the know-
ledge 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, shall be'
-going to perform the same or returning from the performance thered*
-shall be guilty of a misdemeanor, and, being convicted thereof, shaft be
liable, at the discretion of the Court, to be imprisoned for any term ha0
,
exceeding two years, with or without hard labour.
32. Whosoever shall assault and strike or wound any Police Magis-
trate, Justice of the Peace, officer, or other person whatsoever 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, goods, or
effects
wrecked, stranded, or cast on shore, or lying under water, shall be
guilty,
of a misdemeanor, and, being convicted thereof, shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term not
exceeding seven years and not less than three years,-or to be imprisoned
for any term not exceeding two years, with or without hard labour.
33. Whosoever shall assault any person with intent to commit felony,
n,sanit witiL
-or shall assault, resist, or wilfully obstruct any constable or Police
officer le'O't~it
Drivers of car-
riages. &c., in-
juring persons
by furious
driving.
obstructing
or assaulting
clergyman,
&o., hi the
discharge cwt'
his duties.
Assaulting a
Magistrate;
&c., on
account. of bis
preserving
wreck.
ORDINANCE No: 4 oF, 1.865,.
Offences against the Person.
felony, or on in. the due execution of his duty, or any person acting in
aid of such'
peace ofHeers,
,&,c. officer, or shall assault 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, being convicted thereof, .
. shall be liable, at the discretion of the Court, -to be imprisoned for
any
' term not exceeding two years, with or without hard labour.
summary 34. Whosoever shall beat, or use any violence or threat of violence
conviction in
case of as- to any person, with intent to deter or hinder him from buying,
selling,
yanlts with
intent to ob- or otherwise disposing of or to compel him to buy, sell, or
otherwise
stmet the sale
of grain or its dispose of, any corn, rice, or other grain, flour,
plantains, yams, sweet
free naswge. . potatoes or other vegetables or salt in any market or other
place, or shall
beat or use any such violence or threat to any person having the care
or-
charge of any corn, rice, or other grain, flour, plantains, yams, sweet
potatoes, or other vegetables or salt whilst on- the way to or from any
city, town, or other place with intent to stop the conveyance of the same,
shall, on conviction thereof, before any Police Magistrate, be liable to
be-
imprisoned and kept to hard labour in the common gaol for any term not,
= exceeding three months: Provided that no person, who shall be'punished
for any such offence by virtue of this section, shall be punished for the-
same offence by virtue of any other Ordinance. .
Assaults on 36. -Whosoever shall unlawfully and with force binder or
prevent,,
persons witb
intent to - any person from working at or exercising his lawful trade,
business, or-
hind.er thorn
in working;. 0person or sball beat or use any violence or any threat- of
violence to
.aiy such person with intent to hinder or prevent him from working at or'
exercising the same, shall, on conviction thereof before any Police Magis=
trate, be liable to be imprisoned and kept to hard labour in the common;.
gaol for any term not exceeding three months: Provided that no person,
who shall be punished for any such offence by reason of this section,
shall
be punished for the same offence by virtue of any. other Ordinance.
36. Whosoever, in pursuance of any unlawful combination or co rn--
Ayeanlts
arising from
,oombinatton, spiracy to raise the rate o£ wages, or of any unlawful
combination or con-
spiracy respecting any trade, business, or manufacture, or respecting any
person concerned or employed therein, shall unlawfully assault any person,
shah be guilty of a misdemeanor, and, being convicted thereof, shall lae-
liable, at the discretion of the Court, to be imprisoned for auy~
t;exln'., not
exceeding two years, with or without hard labour.
ORDINANCE 1\o.- 4.oF.186fi.
Offences against the Person.
3'7, When any person shall be charge, b.fore any Police Hagistrate
with an assault or battery upon atiy tnale child whose age shall riot in
the
opinion of such Magistrate exceed fmrtean years, or upon any fernal`e~
either upon the complaint of the parry aggrieved or otherwise, the said
Magistrate rnay proceed to hear and determine the same in a summary,
way, and, if the some be proved, mziy convict the person accused; and
every such offender shall be liable to be imprisoned in the commua gaol,
with or without hard labour, fur any period not exceeding six' months or
to pay a fine not exceeding (cogether with costs) tile sum of one hundred
dollars, which fine shall be paid to tier Majesty for the use of tile
holoi~
and in default of payment to be imprisoned in the common gaol, with or
without hard labour, for any period not exceeding six months, unless
such fine and costs be sooner paid, and, if the Magistrate shall so think
fit, in any of the said cases, shall be bound to keep the peace and be of
ood bellriviorur fur any period not exceeding six months from the expira-
tion of such sentence.
38. If the Magistrate, upon the hearing of any case of assault or
battery upon the merits, where tile complaint was preferred .by or on the
behalf of the party aggrieved, .and shall deem the offence not to be
proved,
or shall find the assault or battery to have been justified, or
so.ti'i$ing as
not to merit any,punishinent, anti shall accordingly dismiss the com`~ht,
he shall forthwith make out a certificate under his hand.stating the, fact
of such dismissal, and shall deliver such certificate to the party apir at
Nv horn the complaint was perferred. -
39. If any person, against whom any such complaint as shad have
been preferred by or on the behalf of the party aggrieved, shall have
obtained such certificate, or, having been convicted, shall have paid tIhe
whole amount adjudged to be paid, or shall have .suffered the .im,prison-
ment, or imprisonment with hard labour awarded, in every such case he
shall be released from all further or other proceedings, civil or
criminal,
for the same cause,
40. Provided, that in case the Magistrate shall find the assault or
battery complained of to have been accompanied by any attempt to
commit felony, or shall be of opinion that the same is, from any, other
circumstance, a fit subject for a prosecution by information, be shall
abstain from -any adjudication thereupon, and.shall deal with .the case in
x,%11 rejects -in :the same .manner as if .he had no authority :finally
to hear
Assaults on
females and
boys under
fourteen
years of age.
If the Magis-
trate dismiss
the complain&.
he shall e °
out a eertifl=
ante to that
effect. - .
Certificate.of
conviction
shall be a bar
to any other
proceeding.
These provi-
sions not to
apply to
certain cases.
Common
assault.
ORDINANCE No. 4 0F 1865.
O,$'ences against the Person.
and determine the same: Provided also, that nothing herein contained
shall authorize any' 117agistra,te to hear and determine any case of
assault
or battery in which any question shall arise 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 any execution under the
process of any Court of Justice.
Assault 41. Whosoever shall be convicted upon an information of any assault
occasioning occasioning actual bodily harm shall be liable, at the
discretion of the
Court, to be kept in penal servitude -for the term of three years,---or
to be
imprisoned for any term not exceeding two years, with or without hard
labour; and whosoever shall be convicted upon an information for a
common assault shall be liable, at the discretion of the Court, lor o, f a
Police Magistrate: Repealed by Ordinance No. 16 of 1875] to be
imprisoned for any term not exceeding one year, with yr without hard
labour.
Procuring the
defilement of
girl under
age.
Carnally
knowing a
girl under
ten years of
age.
Rape, Abduction, and Defilement of Women.
42. Whosoever shall be convicted of the crime of rape shall be guilty
of felony, and, being convicted thereof, shall be liable, at the
discretion
of the Court, to be kept in penal servitude for life or for any term not
less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour.
43. Whosoever shall, by false pretences, false representations or other
fraudulent means, procure any woman or girl under the age of twenty-one
years to have illicit or carnal connexion with any man, shall be guilty of
a misdemeanor, and, being convicted thereof, -shall be liable, at the
discretion of the Court, to be imprisoned for any term not exceeding two
years, with or without hard labour.
44. Whosoever shall unlawfully and carnally know and abuse any
girl under the age of ten years shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept in penal servitude for life or for any term not less than three
years,--or to be imprisoned for any term not exceeding two years, with
or without hard labour.
Carnally 45. Whosoever shall unlawfully and carnally know and abuse any
knowing a
girl between girl being above the age of ten years and under the abwe o£
twelve yearls
ORDINANCE No. 4 OF 1865.
Offences against the Person.
shall be guilty of a misdemeanor, and; being convicted thereof., shall' be
liable, at the discretion of the Court, to be kept in penal servitude for
the term of three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour.
46. Whosoever shall be convicted of any indecent assault upon any
female, or of any attempt to have carnal knowledge of any girl under
twelve years of age, shall be liable, at the discretion of the Court, to
be
imprisoned for any term not exceeding two years, with or without
hard labour.
4'7. Where any woman of any age shall have any interest whether
legal or equitable, present or future, absolute, conditional, or
contingent,
in any real or personal estate or shall be a presumptive heiress or
coheiress or presumptive next of kin, or one of the presumptive next of
kin, to anyone having such interest, whosoever shall, from motives of
lucre, take away or detain such woman against her will, with intent to
harry or carnally know her, or to cause her to .be married or carnally
known by any other person; and whosoever shall fraudulently allure,
take away, or detain such woman, being under the age of twenty-one
years, out of the possession and against the will of her father or mother,
or of any other person having the lawful care or charge of her,. with
intent to marry or carnally know her, or to cause her to be married or
carnally known by any other person, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept in penal servitude for any term not exceeding fourteen years and
not less than three years,-or to be imprisoned for any term not exceed-
ing two years, with or without hard labour; and whosoever shall be
convicted of any offence against this section, shall be incapable of
taking
any estate or interest, legal or equitable; in any real or personal estate
of such woman, or in which she shall have any such interest, or which
shall come to her as such heiress, coheiress, or next of kin as aforesaid
;
and if any such marriage as aforesaid shall have taken place, such
property shall, . upon such conviction, be settled in such manner as the
Supreme Court in this Colony sitting in its Equity Jurisdiction shall,
upon any information at the suit of the Attorney General, appoint.
48. Whosoever shall, by force, take away or detain against her will
any woman of any age, with intent to marry or carnally know her, onto
cause her to be married or carnally .known by any other person, shall be
the ages of
ten and
twelve.
[Compare
No. 11 of 1890
s. G.]
Attempts to
commit the
last two
offences.
Abduction of
a woman
against her
will from
motives of
lucre.
Fraudulent
abduction of
a girl against.,.
the will of her
father; &c. . -
Offender
incapable of
taking any of
her property.
Forcible ab-
duction of
any woman
with intent to,
marry her..
QRDINAhTCS'To. 4 of:Itk65:
Offences against the Person.
guilty of felony, and; being convicted thereof, .shall be liable, at thie
discretion of the Court, to be kept in penal servitude for any term not
exceeding fourteen years and not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour.
Abduction of a,
girl under six-
teen years of ege.
Forcible tak
ing-or keeping
any perso~.~.
[See oral-V.
Sarnaea No. 3
of 1888 and
No. 3 of 1881.]
Child
stealing.
(&o Ordi-
nanoes No. 3
of 1888 and
No. 3 of
49. Whosoever shall unlawfully take or cause to be taken any unmarried
girl, being
under the age of sixteen years, out of the possession and against the
will of her father
and mother, or of any other person having the lawful care or charge of
her, shall be
guilty of a misdemeanor, and, being convicted thereof, shall be liable,
at the discretion of
the Court, to be imprisoned for any term not exceeding two years, with or
without hard
labour. [Repealed by Ordinance No. 9 of 1890 and new section
substituted.*]
Forcible Taking or Detention.
60. Whosoever shall, by force, take away or detain against his will
any man or boy, woman or female child with intNnt to sell him or her, or
to procure a ransom or benefit for his or her liberation, shall be guilty
of
felony, and, being convicted thereof, shall be liable, at the discretion
of
the Court, to be kept in penal servitude for any term not exceeding
fourteen years and not less than three years,-or to be imprisoned for
any term not exceeding two years, with or without hard labour.
Child Stealing.
ra1. Whosoever shall unlawfully, either by force or fraud, lead or
take away, or decoy or entice away, or detain any child under the are of
fourteen years, with intent to deprive any parent, guardian, or other
person having the lawful care or charrye of such child of the possession
of:-:
such child, or with intent to steal :ury article upon or. about the
person'
of such child, to whomsoever such article may beloan, and whosoever
shall, with any such intent, receive or harbour aav such child, knowing
the same to have been, by force or fraud, led, token, decoyed, enticed
away, or detained as in this section before mentioned, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion
o£
the Court, to be kept in penal servitude for any term not exceeding seven
years and not less than three years,-or to be imprisoned for any term .
not exceeding two years, with or without hard labour, and, if a male
under the age o£ sixteen years, with or without whipping: Provided,
NOTE.- The substituted section changes the word 'and' between the words
°1fathei
and mother' to -',or.'
QRI?IhTAivTCE? NA. 4 or 1865.
Offeuces agaiust the Person.
that no person who shall have claimed any right to the possession of
such child, or shall be the mother or shall have 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.
Bigamy.
62, Whosoever, being married, shall marry any other person during
Bisatn,F.
the life of the former husband or wife, [whether the second qnarriczge
shall
have taken place in the Colony or elsewhere: Repealed by Ordinance No.
1 of 1866] shall be guilty of felony, and, being convicted thereof; shall
be
liable, at the discretion of the Court, to be kept in penal servitude for
any
term not exceeding seven years and not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour: Provided that nothing in this section contained shall extend , [to
any s~eond marl iacle contracted eb~FUlz,ere than in this Colony by any
otlaer
-than a subject of Her lllajesty: Repealed Ly Ordinance No. 1 of 1866]
to any person marrying a second time whose husband or wife shall have
beep continually absent from such persons for the space of seven yews
then last past, and shall not have been known by such persons to be living
within that time, or shall extend to any person who, at the time of such
second marriage, shall have been divorced from the, band of the fist
marriage, or to any person whose former marriage shill have been declared
void by the sentence of any Court of competent jurisdiction.
Attempt to procure Abortion.
M, Every woman, being with child, who with intent to procure her
own miscarriage, shall unlawfully administer to herself any poison or
other noxious thing, or shall unlawfully use any instrument or other
means whatsoever with the like intent, find whosoever, .with intent to
procure the miscarriage of any woman, whether she be or be not with
child, shall unlawfully administer to her or cause to be taken by her any
poison or other noxious thing, or shall unlawfully use any instrument or
lother -means whatsoever with the like intent, shall be guilty of felony,
and,
being convicted thereof, shall be liable, at the discretion of the Court,
to
be :kept in penal servitude for life or for any term not less .than
.three years,
_,-.~-Qr to be, imprisoned for any term not exceeding two years, with or
with-
-out hard labo-ur, and with or without solitary confinement.
1Vdt to catenri
to c~rtain.
marriages,
Rc., herein
stated.
Adrriinis-
tering drugs,
or using
instruments'
to procure
abortion.
ORDINANCE No. 4 or 1865.
Offences against the Person.
Procuring 54. Whosoever shall unlawfully supply or procure any poison or
drugs, &c., to
cause abor- other noxious thing or any instrument or thing whatsoever,
knowing that
tion. the same is intended to be unlawfully used or employed with intent to
procure the miscarriage of any woman, whether she be or be not with
child, shall be guilty of a misdemeanor, and, being convicted thereof,
shall
be liable, at the discretion of the Court, to be kept in penal servitude
for
the term of three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour.
Concealing the Birth of a Child.
Concealing 55. If any woman shall be delivered of a child, every person who
the birth of
a child. shall, by any secret disposition of the dead body of the said
child
whether such child died before, at, or after its birth, endeavour
to conceal the birth thereof, shall be guilty of a misdemeanor, and, being
convicted thereof, shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, with or without hard
labour: Provided that if any person tried for the murder of any child
shall be acquitted thereof, it shall be lawful for the jury by whose
verdict
such person shall be acquitted to find, in case it shall so appear 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 upon an information for the concealment
,.of the birth.
Unnatural Offence. N
Sodomy and 56. Whosoever shall be convicted of the abominable crime of
bestiality. buggery, committed either with mankind or with any animal,
shall be
guilty of felony, and shall be liable, at the discretion of the Court, to
be
kept in penal, servitude for life, or for any term not less than ten yeas.
Attempt to 57. Whosoever shall attempt to commit the said abominable crime,
commit a
unnatural or shall be wiltY of anY assault with intent to commit the same,
or of
b
nffenee. any indecent assault upon any male person, shall be guilty of a
misdemeanor, and, being convicted thereof, shall be liable, at the
discretion
of the Court, to be kept in penal servitude for any term not exceeding
ten years and not less than three years,-or to be imprisoned ,for any
term not exceeding two years, with or without hard labour. .'
ORDINANCE No. A of 1865.
Offences against the Person.
58. Whenever upon the trial for any offence punishable under this carnal
know-
ledge defiuecL
Ordinance it may be 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 the carnal knowledge shall be deemed complete
upon proof of penetration only.
Making Gunpowder to commit Offences, and searching for the same.
59. Whosoever shall knowingly have in his possession, or make or
manufacture, any gunpowder, explosive substance, or any 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 in this Ordinance mentioned shall
be guilty of a misdemeanor, and, being convicted thereof, shall be liable,
at the discretion of the Court, to be imprisoned for any term not exceed-
ing two years, with or without hard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without whipping.
60. Upon reasonable cause assigned upon oath or declaration b,
-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 in this Ordinance mentioned, a
Police ivlagistrate may issue a warrant under his hand and seal for
searching, in the day-time, any house, mill, magazine, storehouse,
warehouse, shop, cellar, yard, wharf, or other place, or any carriage,
waggon, 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 same substances and things shall be brought before a Police Magis-
trate, and, upon due proof that the same has been made, kept, or carried
for any of the purposes aforesaid, whether in the presence or absence of
the owner of the same substances and things, a Police Magistrate may
<declare the same to be and the same shall be forfeited accordingly; and
every Police 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, or things, found upon such search, which
-he shall have gooacause to suspect to be intended to be used in com-
Mt,kivg or
having gun-
powder with
intent to
commit any
felony against
this Ordi-
nance.
Magistrate
may issue
warrant for
searching
houses;-&o.,
for such-gun-
powdec.
0:RDINANC.E~ .Vo. 4. or 1865.
Offences against the Person.
mining any such offence, and the barrels, packa;;es, cases, and other
receptacles in which the same shall be, the same powers and protections'
which are given by Ordinance No. 10 of 1844.
Other Matters.
A person
loitering at
-night and
Suspected of
any felony
may be appre-
hended.
Punishment
of principals
in the second
degrees anti
:vcaessorae,-
61. Any constable or peace offrcer may take into custody without a
warrant, any person whom he shall find lying or loitering or being in
any highway, yard, or other place during the night, and whom he shall
have reasonable cause to suspect. of (raving committed or being about to
c«mmit,or intending to commit any felony or misdemeanor in this ()rdi-
nance mentioned, and shall take such person, as soon as reasonably rnay
be, before a Police Magistrate, to be dealt with according to law.
62. 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 ; and every accessory, after the
fact to' any felony punishable under this Ordinance (except murder]
shall be liable to be imprisoned for any term not exce:e~ling two years,
with or without hard labour ; and every accessory user the fact to~
murder shall be liable, at the discretion of the Court, to be kept in
penal?
.servitude for life, or for any term not less than three years,-or to be
.imprisoned for any term not exceeding two years, with or without hard
labour; and whosoever shall conceal, aid, or abet the commission of any
.indictable misderneauor, punishable; under this Ordinance, shall be
liable
to be proceeded against, indicted, and punished as a principal offender.
Hard labour. 613. Whenever imprisonment, with or without hard labour, may
awarded for any indictable offence under this Ordinance, the Court mad
sentence the offender to be irnpqkoned, or to be imprisoned and kept to
bard labour, and in either case the sentence shall be carried out in
accord:
,1ance with the provisions of Ordinance No. 4.of 1863, section 15. ~°~ No.
'18 of 1885' as amended by Ordinance No. 18 of 1885.)
64. Whenever solitary confinement may be awarded for any offence
under this Ordinance, the Court may direct the offender to be kept i>i
solitary confinement for any portion or portions of his imprisonment, or
of any imprisonment or any imprisonment with hard labour, which the
-Court may award not exceeding one month at arty one tune, and not,
exceeding three months in any one year; [Repealed hr/ Ordinance No: i
of -r866 and iaezd section substituted.]
Ordinance No. 4 of 1865.
Offences against the Person.
65. Whenever any person shall be convicted of any indictable
misdemeanor, punishable under this Ordinance, the Court may, if it shall
think fit, in addition to or in lieu of any punishment by this Ordinance
authorized, fine the offender, and require him to enter into his own
reconnizances, 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, if it shall
think fit, 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 by this Ordinance authorized: Provided that no person shall
be imprisoned for not finding sureties under this section for any period
exceeding one year.
66. No summary conviction under this Ordinance shall be quashed
for want of form, or be removed by certiorari, and no warrant of commit-
ment shall be held void by reason of any defect therein, provided it be
therein alleged that the party has been convicted, and there be a good
and valid conviction to sustain the same.
67.'very offence tinder this Ordinance made punishable on sum-
mary conviction by a Police Magistrate shall be prosecuted, tried, and
determined in all respects in the manner directed by Ordinance No. 10 of
1844,' and all provisions contained in the said Ordinance shall be applic-
able to such prosecutions in the same manner as if they were incorporated
in this Ordinance: Provided that nothing in this Ordinance contained
shall, in any manner otherwise than as respects the punishment, alter or,
affect any enactment now in force relating to procedure in the case of
I y offence punishable on summary conviction, or the recovery or applica-
tion of any penalty or forfeiture for any such offence.
68. This Ordinance shall commene-amd take effect on the fourteenth
day of June, in the year one thousand eight hundred and sixty-five.
757
Title.
[Sec 24 & 25 Vic. c. 100.]
Preamble.
758
Murder.
Sentence for murder.
Burial of body.
Conspiring or soliciting to commit murder.
Manslaughter.
Excusable homicide.
759
Petit Treason.
Provision for trial of murder or manslaughter where the cause of death only happens in this Colony.
Administering poison or wounding with intent to murder.
Destroying or damaging a building with intent to murder.
Setting fire to or casting away a ship with intent to murder.
760
Attempting to administer poison, or shooting, or attempting to shoot or drown, &c., with intent to murder.
By any other means attempting to commit murder.
Sending letters threatening to murder.
Impeding a person endeavouring to
761
save himself from shipwreck.
Shooting or attempting to shoot, or wounding, or striking with intent to do grievous bodily harm.
What shall constitute loaded arms.
Inflicting bodily injury with or without weapon.
Attemping to choke, &c., in order to commit any indictable offence.
762
Using chloroform, &c., to commit any indictable offence.
Maliciously administering poison, &c., so as to endanger life or inflict grievous bodily harm.
Maliciously administering poison, &c., with intent to injure.
If jury not satisfied that person charged is guilty of felony they may find him
763
guilty of misdemeanor.
Not providing appretices or servants with food, &c., whereby life endangered.
Exposing children whereby life endangered.
Causing bodily injury by gunpowder, &c.
Causing gunpowder to explode, &c., or throwong corrosive fluid with intent to do grievous bodily harm.
764
Placing gunpowder near a building, &c., with intent to do bodily injury to any person.
Setting spring guns, &c., with intent to inflict grievous bodily harm.
765
Drivers of carriages, &c., injuring persons by furious driving.
Obstructing or assaulting clergyman, &c., in the discharge of his duties.
Assaulting a Magistrate, &c., on account of his preserving wreck.
Assault with intent to commit
766
felong, or on peace officers, &c.
Summary conviction in case of assaults with intent to obstruct the sale of grain or its free passage.
Assaults on persons with intent to hinder them in working.
Assaults arising from combination.
767
Assaults on females and boys under fourteen years of age.
If the Magistrate dismiss the complaint he shall make out a certificate to that effect.
Certificate of conviction shall be a bar to any other proceeding.
Three provisions not to apply to certain cases.
768
Assault occasioning bodily harm.
Common assault.
Rape.
Procuring the defilement of girl under age.
Carnally knowing a girl under ten years of age.
Carnally knowing a girl between
769
the ages of ten and twelve. [Compare No. 11 of 1890 s. 6.]
Attemtps to commit the last two offences.
Abduction of a woman against her will from motives of lucre.
Fraudulent abduction of a girl against the will of her father, &c.
Offender incapable of taking any of her property.
Forcible abduction of any woman with intent to marry her.
770
abduction of a girl under sixteen years of age.
Forcible taking or keeping any person.
[See Ordinance No. 3 of 1868 and No. 3 of 1881.]
Child stealing.
[See Ordinances N0. 3 of 1868 and No. 3 of 1881.]
771
Bigamy.
Not to extend to certian marriages, &c., herein stated.
Administering drugs or using instruments to procure abortion.
772
Procuring drugs, &c., to cause abortion.
Concealing the birth of a child.
Sodomy and bestiality.
Attempt to commit an unnatural offence.
773
Carnal knowledge defined.
Making or having gunpowder with intent to commit any felony against this Ordinance.
Magistrate may issue warrant for searching houses, &c., for such gunpowder, &c.
774
A person loitering at night and suspected of any felony may be apprehended.
Punishment of principals in the second degrees and accessories.
Hard labour.
Solitary confinement.
775
In what cases fine and sureties for keeping the peace to awarded.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases of summary conviction.
[* See Ord. No. 10 of 1890.]
Commencement of Ordinance.
Abstract
757
Title.
[Sec 24 & 25 Vic. c. 100.]
Preamble.
758
Murder.
Sentence for murder.
Burial of body.
Conspiring or soliciting to commit murder.
Manslaughter.
Excusable homicide.
759
Petit Treason.
Provision for trial of murder or manslaughter where the cause of death only happens in this Colony.
Administering poison or wounding with intent to murder.
Destroying or damaging a building with intent to murder.
Setting fire to or casting away a ship with intent to murder.
760
Attempting to administer poison, or shooting, or attempting to shoot or drown, &c., with intent to murder.
By any other means attempting to commit murder.
Sending letters threatening to murder.
Impeding a person endeavouring to
761
save himself from shipwreck.
Shooting or attempting to shoot, or wounding, or striking with intent to do grievous bodily harm.
What shall constitute loaded arms.
Inflicting bodily injury with or without weapon.
Attemping to choke, &c., in order to commit any indictable offence.
762
Using chloroform, &c., to commit any indictable offence.
Maliciously administering poison, &c., so as to endanger life or inflict grievous bodily harm.
Maliciously administering poison, &c., with intent to injure.
If jury not satisfied that person charged is guilty of felony they may find him
763
guilty of misdemeanor.
Not providing appretices or servants with food, &c., whereby life endangered.
Exposing children whereby life endangered.
Causing bodily injury by gunpowder, &c.
Causing gunpowder to explode, &c., or throwong corrosive fluid with intent to do grievous bodily harm.
764
Placing gunpowder near a building, &c., with intent to do bodily injury to any person.
Setting spring guns, &c., with intent to inflict grievous bodily harm.
765
Drivers of carriages, &c., injuring persons by furious driving.
Obstructing or assaulting clergyman, &c., in the discharge of his duties.
Assaulting a Magistrate, &c., on account of his preserving wreck.
Assault with intent to commit
766
felong, or on peace officers, &c.
Summary conviction in case of assaults with intent to obstruct the sale of grain or its free passage.
Assaults on persons with intent to hinder them in working.
Assaults arising from combination.
767
Assaults on females and boys under fourteen years of age.
If the Magistrate dismiss the complaint he shall make out a certificate to that effect.
Certificate of conviction shall be a bar to any other proceeding.
Three provisions not to apply to certain cases.
768
Assault occasioning bodily harm.
Common assault.
Rape.
Procuring the defilement of girl under age.
Carnally knowing a girl under ten years of age.
Carnally knowing a girl between
769
the ages of ten and twelve. [Compare No. 11 of 1890 s. 6.]
Attemtps to commit the last two offences.
Abduction of a woman against her will from motives of lucre.
Fraudulent abduction of a girl against the will of her father, &c.
Offender incapable of taking any of her property.
Forcible abduction of any woman with intent to marry her.
770
abduction of a girl under sixteen years of age.
Forcible taking or keeping any person.
[See Ordinance No. 3 of 1868 and No. 3 of 1881.]
Child stealing.
[See Ordinances N0. 3 of 1868 and No. 3 of 1881.]
771
Bigamy.
Not to extend to certian marriages, &c., herein stated.
Administering drugs or using instruments to procure abortion.
772
Procuring drugs, &c., to cause abortion.
Concealing the birth of a child.
Sodomy and bestiality.
Attempt to commit an unnatural offence.
773
Carnal knowledge defined.
Making or having gunpowder with intent to commit any felony against this Ordinance.
Magistrate may issue warrant for searching houses, &c., for such gunpowder, &c.
774
A person loitering at night and suspected of any felony may be apprehended.
Punishment of principals in the second degrees and accessories.
Hard labour.
Solitary confinement.
775
In what cases fine and sureties for keeping the peace to awarded.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases of summary conviction.
[* See Ord. No. 10 of 1890.]
Commencement of Ordinance.
Title.
[Sec 24 & 25 Vic. c. 100.]
Preamble.
758
Murder.
Sentence for murder.
Burial of body.
Conspiring or soliciting to commit murder.
Manslaughter.
Excusable homicide.
759
Petit Treason.
Provision for trial of murder or manslaughter where the cause of death only happens in this Colony.
Administering poison or wounding with intent to murder.
Destroying or damaging a building with intent to murder.
Setting fire to or casting away a ship with intent to murder.
760
Attempting to administer poison, or shooting, or attempting to shoot or drown, &c., with intent to murder.
By any other means attempting to commit murder.
Sending letters threatening to murder.
Impeding a person endeavouring to
761
save himself from shipwreck.
Shooting or attempting to shoot, or wounding, or striking with intent to do grievous bodily harm.
What shall constitute loaded arms.
Inflicting bodily injury with or without weapon.
Attemping to choke, &c., in order to commit any indictable offence.
762
Using chloroform, &c., to commit any indictable offence.
Maliciously administering poison, &c., so as to endanger life or inflict grievous bodily harm.
Maliciously administering poison, &c., with intent to injure.
If jury not satisfied that person charged is guilty of felony they may find him
763
guilty of misdemeanor.
Not providing appretices or servants with food, &c., whereby life endangered.
Exposing children whereby life endangered.
Causing bodily injury by gunpowder, &c.
Causing gunpowder to explode, &c., or throwong corrosive fluid with intent to do grievous bodily harm.
764
Placing gunpowder near a building, &c., with intent to do bodily injury to any person.
Setting spring guns, &c., with intent to inflict grievous bodily harm.
765
Drivers of carriages, &c., injuring persons by furious driving.
Obstructing or assaulting clergyman, &c., in the discharge of his duties.
Assaulting a Magistrate, &c., on account of his preserving wreck.
Assault with intent to commit
766
felong, or on peace officers, &c.
Summary conviction in case of assaults with intent to obstruct the sale of grain or its free passage.
Assaults on persons with intent to hinder them in working.
Assaults arising from combination.
767
Assaults on females and boys under fourteen years of age.
If the Magistrate dismiss the complaint he shall make out a certificate to that effect.
Certificate of conviction shall be a bar to any other proceeding.
Three provisions not to apply to certain cases.
768
Assault occasioning bodily harm.
Common assault.
Rape.
Procuring the defilement of girl under age.
Carnally knowing a girl under ten years of age.
Carnally knowing a girl between
769
the ages of ten and twelve. [Compare No. 11 of 1890 s. 6.]
Attemtps to commit the last two offences.
Abduction of a woman against her will from motives of lucre.
Fraudulent abduction of a girl against the will of her father, &c.
Offender incapable of taking any of her property.
Forcible abduction of any woman with intent to marry her.
770
abduction of a girl under sixteen years of age.
Forcible taking or keeping any person.
[See Ordinance No. 3 of 1868 and No. 3 of 1881.]
Child stealing.
[See Ordinances N0. 3 of 1868 and No. 3 of 1881.]
771
Bigamy.
Not to extend to certian marriages, &c., herein stated.
Administering drugs or using instruments to procure abortion.
772
Procuring drugs, &c., to cause abortion.
Concealing the birth of a child.
Sodomy and bestiality.
Attempt to commit an unnatural offence.
773
Carnal knowledge defined.
Making or having gunpowder with intent to commit any felony against this Ordinance.
Magistrate may issue warrant for searching houses, &c., for such gunpowder, &c.
774
A person loitering at night and suspected of any felony may be apprehended.
Punishment of principals in the second degrees and accessories.
Hard labour.
Solitary confinement.
775
In what cases fine and sureties for keeping the peace to awarded.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases of summary conviction.
[* See Ord. No. 10 of 1890.]
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/204
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 4 of 1865
Number of Pages
19
Files
Collection
Historical Laws of Hong Kong Online
Citation
“OFFENCENS AGAINST THE PERSON ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 11, 2025, https://oelawhk.lib.hku.hk/items/show/204.
