SUPPRESSION OF PIRACY ORDINANCE
Title
SUPPRESSION OF PIRACY ORDINANCE
Description
An Ordinance
' Piracy.
WREREAS~
it is ex
ORDINANCE No, .2, oF 1866.
Suppression of Piracy.
No. 9 of 1866.
to make ProviSiOD for the more eflectual Suppression of
[16th August, 1866.]
piracy has of late greatly increased in the vicinity of Hongkoug atiA
~edient that more stringent measures be adopted for its suppression:
'Be it enacted byl the Governor of Hong kong, with the advice of the
Legislative Council
thereof, as folio
1. This Or
be fined by pro
N. The fo
construction th
be repugnant
them (that is t
:The t
t '.
0
The e
~ora evo, 12
p
i.
vi
w
a
The
3. This
Suppression
4. In- oipossible any 1
offences horei
in this Colon
.Suppression o
5. The
Court, so far
-Ordinance an
6, The s
-or the Senio
t~tTt of Sum
Court,, and o
-the Governor
finance shall commence and take effect on such day as shall hereafter'
commencement
of Ordinance.
lamation under the hand of the Governor.
lowing words and expressions used. in this Ordinance shall, in the
rof, have, except where the nature of the provision or the context shall
t such construction, the respective meanings hereinafter assigned to
o say)-
rms 'Governor,' 'Chief Justice,' 'Attorney General,' and 'Judge
'Governor,' &C,
the Court of Summary Jurisdiction' shall include the persons for the
u
e being exercising the said offices.
pression ' received or taken into his custody' shall be satisfied by
'aecene or tale
MW hiscuat6Qy.
oof that the goods and chattels alleged to have been received and taken
L1Eerpretation o~'!~
terWS.
i~to custody were found in any house or premises, or on board any junk,
;ssel or boat within which the person charged shall be found and of
hick said goods and chattels he shall be unable to give a satisfactory
;count.
ords 'goods and chattels,' shall include money, bills, bonds, notes and
pprsonal property of any kind or description whatsoever.
Ordinance may be cited for all purposes as 'The Ordinance for the
o Piracy (Hongkong) 1866.'
er to bring to adjudication with as little delay and inconvenience as
> ;rson who shall be charged with the crime of piracy or with any of the
after mentioned, and by this Ordinance defined, there shall be constituted
y a Court of Record to be styled `~ The High Court of $oilgkong for the
Piracy.'
s aid Court shall have all such powers as ire possessed by the Supreme
s they are necessary for carrying into effect the provisions of Wis
consistent with the object thereof' =as-
id Court shall consist of the Chief Justice, the Admiral of the Station,
. , ~~lrtitntinnnf
r Naval Officer for the time been, at Houk1'ng, and the Judge of tl~`
m ary Jurisdiction, who shall be called;.tli6,offi-''al memboi's- of the
,- -_ .
two other persons to be appointed from tittle to time by His Escelleucy~-
.
who shall be called the unofficial members of the said Court.
'Goods and
chattels.-
I
short title of
Ordinance.
Jurisdiction in
piracy, &c., to be,
ezeereised by a
Court to be
constituted for
the purpose:
Powers ofCoart
and President.
Offences
cognizable by
t tigh Court. -
Setting; titrtlt,
aiding nun
assisting, x,:.,
I3trY,tns, w.'.ere
piracy cntn-
mlf0d.
URVI'ANGE~No. 9 uF 1866.
1upprcssion of Piracy.
aiding and
-'
assisting, &C.
ylrntes, Where
piracy whit
violence or
piracy )rill,
nntrder emn-
nduetl.
Trading, ,co.
with pirates.
Receiving, xe.,
locates it ftcr
piracy or taking
911(1), goods, &C.,
piraticallY stolen
with knowledge.
71, °° The lIigh Court for Suppression of Piracy' shall have jurisdiction
to try all
cases of piracy which the Supreme Court now has jurisdiction to try, and
the offences
hereinafter defined, and to inflict the punishment attached thereto
respectively.
(l.) If any person shall knowingly have set forth any pirate or aided,
assisted,
tnaintaine<l, procured, commanded, counselled, or advised any person
whatsoever to do or commit any piracy, every such person shall be
liable, at the discretion of the Court, to be kept in penal servitude for
ally tel'ln not exceeding fifteen years and not less than five years, or
to
be transported for any term not exceeding fifteen years and not less
than five years or to be imprisoned for any term not exceeding two
years with or without hard labor.
(v.) If any person shall have knowingly set forth any pirate, or aided,
assisted,
maintained, procured, commanded, counselled, or advised any person
whatsoever to do or commit any piracy and in consequence of such
setting forth, and, assistance, I11a111te11allCe, procurement, command
counsel, or advice, a piracy with murder has been ootntnitte&r,ch first,
mentioned person shall suffer death, or be liable, at the c~,isCiYet.ion
of
the Court, to be kol)t in penal servitude for life or for any term not
lees than fourteen rears, or to be transported for life or for any term
not exceeding fourteen years, or to be imprisoned for any term not
esceedin' two years with or without hard labor.
(3.) If any person shall !lave traded with any pirate, knowing bite to be
guilty
of piracy, or to be fitted out with the intention of committing
piracy, or who with the like knowledge shall have furnished any pirate
' with arms, ammunition, provisions, or stores of any kind or shall fit
out any junk, vessel, or boat knowingly and with a design to trade
with, supply, or correspond with any pirate or if any person shall in
any, way have consulted, combined, confederated, or corresponded with
any pirate knowing him to be guilty of piracy such first mentioned
Person 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
five years or to be transported fur any term not exceeding ten years
and riot less than five years, or to be imprisoned with or without hard
labor for guy term not exceeding two years.
(4.) If guy person shall have knowingly received, entertained, or
concealed.
any poison guilty of'~an set of piracy or taken into his custody any
junk, vessel, boat, goods or chattels which shall have been by such
pirate F~' :' piously taken, such first mentioned person. shall be liable,
at t.liQ:' lscre`tion of the Court, to be kept in penal servitude fop:any
term not exceeding ten years and not less than five years or to be
transported for guy term not exceeding ten years and not less than, five
aRDIVANCK No::A,. of 1366.
Suppression of Fircxy,
years, or to be imprisoned with or without hard labor for any
period not exceeding two years.
(5.) If any person shall be found within the Colony of Hongkong on board a
junk, vessel, or boat, which junk, vessel, or boat shall be proved to
have taken part in an act of piracy within twenty-one days pre-
viously, and who shall be unable to satisfy the Court that he was not
on board such junk, vessel, or boat, at the time of the commission of
such act of piracy or, if on board at such time that he was not on
board with his own consent or with the knowledge that an act of
piracy was about to be committed, such person shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term not
exceeding ten years and not lass than five years or to be transported
for any term not exceeding ten years and not less than five years, or
to be imprisoned for any term not exceeding two years with or without
hard labor.
y-w(.) Ifany person shall be found within the Colony of Hongkong
onboard-a.
junk, vessel, or boat, which shall be proved to have taken part in an
act of piracy with murder within twenty-one days previously, and who
shall be unable to satisfy the Court that be was not on board such
junk, vessel, or boat at the time of the commission of such act of
piracy with violence or piracy with murder, or if on board at.slxcli. tune
that he was not on board with,his,own consent or with .the kxlowJe,4
ge,
that an act of piracy with violence or piracy with murder was abp,>~t to:
be committed, such pennon shall .be liable, at the discretion :off lbo:
Court, to be kept in penal servitude for life, or for any term not lest
than fourteen years or to be transported for life, or for any term not
less than fourteen years, or to be imprisoned for any poriod.n.ot exceed-
ing two years with or without hard labor.
Being seen
within twenty-
one days on
boards junk,
&c., proved to .
have taken part
in piracy and
unable to satisfy
the court as to
non-complicity.
Being seen
within twenty-
one days on
board a junk,
&c;, prCved to
have taken part
in,p!racy with
'do Tbnce or piracy
viith m6rder
and naable to
astfafy the Cons
as tp non
core-pliolty ` , ......
(7.) If any person shall be found within the Colony of Hongkong on board
any junk:, vessel, or boat, equipped for the purposes of ,piracy, and
who shall be unable to satisfy the Court that he was not on=board such
junk, vessel, or boat with his own consent or with the knowledge that
the same was equipped for the purposes of piracy, such person shall
be liable, at the discretion of the Court, to be imprisoned with or
without hard labor for any term not exceeding three years: Provided
anvenile
always that.if after ,the eoming.nto operation of this.Ordinance, any bid
altwith.
enders how t~
person shall be convicted of .any offence. punishable under this
Ordinance whose sae shall not in the opinio ~' the Court exceed the
age of sixteen years,. hen and in every--such , ~e:ishall. be:lawful ford
v
the Court in addition to or -in lieu of .the sentence passed or omitted to
be passed for his offence to . direct such offender to be sent at the
Being seen on
board a.,piratical,
junk, &c., and
thne Cou t as to,
non-complicity.
ORMNANCE No: `9 op' 1866.
8ruppression of Piracy.
Precedence.
Chief Justice to
preside In Court,
or in his absence
the Judge of the
Court of Sum-
mar! Jnrisdic
tton.
All matters to be
decided by a
majority of votes.
Sittings of Court.
expiration of such sentence, or forthwith, as the case may be, to any
reformatory school established in this Colony (if the directors or
managers thereof shall be willing to receive such offender) and to be
there detained for a period not less than one year and not exceeding
five years: Provided also that it shall be lawful for the said Court in
addition to any punishment other than capital punishment hereby
imposed for any offence against this Ordinance, to order any male party
or parties whose age in the opinion of the Court shall exceed sixteen
years convicted under this Ordinance, to be once, twice, or thrice
publicly flogged in the manner and subject to the conditions and
restrictions prescribed and imposed with respect to flogging under
Ordinance No. 12 of 1865; and before being discharged from custody
such parties shall be marked with some indelible mark in such manner
and in such part of the body as the Governor in Council may from
time to time direct.
- $, The official members of the said Court shall take precedence of the
unofficial
members, and the official members shall, when sitting in Court take
precedence between
themselves according to the order in which their respective offices are
enumerated in
the sixth section, and the unofficial members according to 'the priority
of their
respective appointments.
9. The Court shall not be competent to try, any case unless three members
at the
least of such Court shall be present at the sitting of such Court, and of
these three
members, one, at the least, shall be the Chief Justice or the Judge of
the Court
of Summary Jurisdiction, and one at the least shall be a Naval officer.
10. The Chief Justice shall preside in the Court, except when he shall be
prevented by some necessary and reasonable cause, and at any sitting of
the said
Court which may be held during his absence, the Judge of the Court of
Summary
Jurisdiction shall preside.
11. A11 matters which shall be brought before the Court shall be decided
by the
majority of votes. The President shall have an original vote in common
with the
other members of the Court, and shall have also a casting vote whenever
upon any
question the votes shall be equally divided.
12. The place at which the Court shall sit in discharge of its duties,
shall be such
place as may from time to time be appointed for that purpose by the
Governor.
Place In width 13. The place in which the Court shall sit to hear and
determine any matter shall
Court sits to be
deemed an open be deemed an open Court to which the public generally may
have access.
Court.
14. The Governor'li-all direct a seal to be made for the Court and may
direa,*the
same to be broken, altered and renewed at his discretion, and all
documents issuing
from the Court shall be sealed. with the said seal.
Seal of the
Court.
ORDINANCE N9..'.9 -of 1°866.
Suppression of Piracy.
15. The Registrar and other officers of the Supreme Court shall attend
the sittings Officers of Court,
of 'the High Court of Hongkong for the Suppression of Piracy,' and assist
in the
proceedings thereof, and whilst so attending and assisting shall be
styled officers of
such last-mentioned Court.
16. It shall be in the power of the Court to adjourn the proceedings from
time to Powerto
adjourn.
time to any day or days to be fixed by them in the event of the absence
of witnesses or `
of any other cause which shall appear to them expedient.
1'7. Every member of the Court before he shall enter upon the execution
of any membersto
of the duties of his office shall take an oath in the presence of His
Excellency the take an oath.
Governor in the form following (that is to say)--
°'I, A. B., do solemnly swear that I will according to the best of my
qkilv
and knowledge, act in the execution of my office of member of 'the High
Court of Hongkong for the Suppression of Piracy' faithfully, impartially,
fairly, and without prejudice either for or against prosecutors or
prisoners,
or any other persons. So help me God.'
And every Registrar and other officer of the Court before he enters on
the duties of his 'e9iatrar and
other officers to
office shall take an oath before one of the members of the Court who
shall be takeanonth.
empowered to administer the same in the foriu following (that is to say)-
°°I, A.B., do solemnly swear that I will according to the best of my skill
and knowledge act in the execution of my office, and that I will conduct
myself with respect to the authority of the members of 'the High Court of
Hongkong for the Suppression of Piracy' to which Court I amsattached and
will act with fidelity in all the affairs which may belong to my charge;
and
without reference or favor either' for prosecutors or prisoners, or any
other
persons. So help me God.'
18. For the purpose of bringing any offencp. under the cognizance of the
Court, Attorney Generar
to prosecute.
an information shall be signed by the Attorney General.
19. From and after the commencement of this Ordinance every person who,
but
for this Ordinance, would be committed for trial before the Supreme Court
for piracy
or any offence connected therewith shall in lieu thereof be committed for
trial before
the Court established by this Ordinance. Provided always that the
Attorney General
if he shall think expedient so to do, may direct that the trial of any
person committed
for trial before the said Court shall take place before the Supreme Court
in cases where
the Supreme Court has jurisdiction to try the offence for which such
person shall have
been committed as aforesaid.
20. The rules of evidence observed in the Supreme Court in its Criminal
JurlSdiC- What rules of
evidence to be
do R shall, except as herein specially provided, and until othere
provided bY competent, observed and iQrity in that behalf, be applicable
to, and observed in, the trial of all questions of
fist in :the Court established in pursuance of this Ordinance.
Committal of
prisoners for
trial for offences
connected with
piracy.
Attorney GeneraY
may direct trial
to take place at
Supreme Court
in certain cases.
-Commutation of
capital punish.
went.
Power to flog.
Inconsistent
laws, .kc., of no
force in Hong.
kong. Saving of
-jurisdiction of
Supreme Court.
ORDINANCE No. '9 0r 1866
,
-i5tuppression.nf Piracy.
21. Every person who upon any examination upon oath or upon affirmation or
Are summarily
pnnfanea. 'declaration before the Court shall in its opinion have wilfully
and corruptly given false
evidence shall be sentenced without further trial to a term of
imprisonment not
exceeding eighteen months with or without bard labor.
'Practice of the 22. The practice of the Court shall, except where
otherwise herein provided or by
-Court. the rules or orders to be from time to time made and approved
under the pr091slos
hereof, be, so far as the circumstances of the case will admit, according
to the present
practice of the Supreme Court.
23. And to the end and intent that the procedure and practice of the
Court may
be of the most simple and expeditious character, it shall be lawful for
the Chief Justice
'to 'make, and he is hereby required to make, and from time to time to
amend all
necessary rules and orders, and to frame proceedings for regulating the
procedure and
practice of the Court, and generally for carrying the provisions of this
Ordinance into
effect, subject nevertheless to amendment and approval of all such rules,
orders and
proceedings by the Governor in Executive Council, and such rules, orders
or forms,
ox amended rules, orders and forms shall be submitted to the Legislative
Council who
may allow, disallow, or alter the same and the rules, orders and forms so
allowed or
altered shall be of the same force and effect. as if they had been
specially inserted herein
Barristers and attornies shall respectively have and enjoy the like
privilege of practising
before, and be subject to the like authority o£ the Court as they have
and enjoy, and are,
subject to in the Supreme Court.
24. Whenever sentence of death shall have been pronounced by the Court
upon
any prisoner, and such sentence shall be commuted by the Governor, it
shall be lawful
for the Governor in Council to order that such prisoner be once, twice or
thrice publicly
flogged in the manner and subject to the conditions and restrictions
prescribed and
imposed with respect to flogging under Ordinance No. 12 of 1865.
25. All local Laws, Statutes, Ordinances and usages inconsistent with the
.provi-
sions of this Ordinance shall be and the same hereby are declared to be
of no force and
efFect whatsoever within the Colony of Hougkong; Provided always that
nothing herein contained shall be construed in any way to take away,
abridge, or affect the jurisdiction
now exercised by the Supreme Court.
[No record of and proclamation under section one.
Repealed by. Ordinance No. 1 of 1868.E
917
Tilte.
[See Ord. No. 12 of 1867.]
Preamble.
Commencement of Ordinance.
Interpretation of terms.
'Governor,' &c.
'Recevie or take into his custody.'
'Goods and chattels.'
Short title of Ordinance.
Jurisdiction in priacy, &c., to be excercised by a Court to be constituted for the purpose.
Powers of Court and President.
Powers of Court and President.
Constitution of Court.
918
Offences cognizable by High Court.
Setting forth, aiding and assisting, &c., pirates, where piracy committed.
Setting forth, aiding and assistign, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c., with pirates.
Receiving, &c., pirates or taking ship, goods, &c., piratically stolen with knowledge.
919
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy and unale to satisfy the Court as to non-complicity.
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy with violence or piracy with murder and unable to satisfy the Court as to non-complicity.
Being seen on board a piratical junk, &c., and unable to satify the Court as to non-complicity.
Juvenile offenders how to be dealt with.
920
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence th eJudge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sittings of Court.
Place in which Court sits to be deemed and open Court.
Seal of the Court.
921
Officers of Court.
Power to adjourn.
Members to take an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
Committal of prisoners for trial for offences connected with piracy.
Attorney General may direct trial to take place at Supreme Court in certain cases.
What rules of evidence to be observed.
922
False witness to be summarily punished.
Practice of the Court.
Rules and orders to be made for regulating the procedure of the Court.
Privilege of barristers and attornies.
Commutation of capital punishment.
Power ot flog.
Inconsistent laws, &c., of no force in Hongkong. Saving of jurisdiction of Supreme Court.
' Piracy.
WREREAS~
it is ex
ORDINANCE No, .2, oF 1866.
Suppression of Piracy.
No. 9 of 1866.
to make ProviSiOD for the more eflectual Suppression of
[16th August, 1866.]
piracy has of late greatly increased in the vicinity of Hongkoug atiA
~edient that more stringent measures be adopted for its suppression:
'Be it enacted byl the Governor of Hong kong, with the advice of the
Legislative Council
thereof, as folio
1. This Or
be fined by pro
N. The fo
construction th
be repugnant
them (that is t
:The t
t '.
0
The e
~ora evo, 12
p
i.
vi
w
a
The
3. This
Suppression
4. In- oipossible any 1
offences horei
in this Colon
.Suppression o
5. The
Court, so far
-Ordinance an
6, The s
-or the Senio
t~tTt of Sum
Court,, and o
-the Governor
finance shall commence and take effect on such day as shall hereafter'
commencement
of Ordinance.
lamation under the hand of the Governor.
lowing words and expressions used. in this Ordinance shall, in the
rof, have, except where the nature of the provision or the context shall
t such construction, the respective meanings hereinafter assigned to
o say)-
rms 'Governor,' 'Chief Justice,' 'Attorney General,' and 'Judge
'Governor,' &C,
the Court of Summary Jurisdiction' shall include the persons for the
u
e being exercising the said offices.
pression ' received or taken into his custody' shall be satisfied by
'aecene or tale
MW hiscuat6Qy.
oof that the goods and chattels alleged to have been received and taken
L1Eerpretation o~'!~
terWS.
i~to custody were found in any house or premises, or on board any junk,
;ssel or boat within which the person charged shall be found and of
hick said goods and chattels he shall be unable to give a satisfactory
;count.
ords 'goods and chattels,' shall include money, bills, bonds, notes and
pprsonal property of any kind or description whatsoever.
Ordinance may be cited for all purposes as 'The Ordinance for the
o Piracy (Hongkong) 1866.'
er to bring to adjudication with as little delay and inconvenience as
> ;rson who shall be charged with the crime of piracy or with any of the
after mentioned, and by this Ordinance defined, there shall be constituted
y a Court of Record to be styled `~ The High Court of $oilgkong for the
Piracy.'
s aid Court shall have all such powers as ire possessed by the Supreme
s they are necessary for carrying into effect the provisions of Wis
consistent with the object thereof' =as-
id Court shall consist of the Chief Justice, the Admiral of the Station,
. , ~~lrtitntinnnf
r Naval Officer for the time been, at Houk1'ng, and the Judge of tl~`
m ary Jurisdiction, who shall be called;.tli6,offi-''al memboi's- of the
,- -_ .
two other persons to be appointed from tittle to time by His Escelleucy~-
.
who shall be called the unofficial members of the said Court.
'Goods and
chattels.-
I
short title of
Ordinance.
Jurisdiction in
piracy, &c., to be,
ezeereised by a
Court to be
constituted for
the purpose:
Powers ofCoart
and President.
Offences
cognizable by
t tigh Court. -
Setting; titrtlt,
aiding nun
assisting, x,:.,
I3trY,tns, w.'.ere
piracy cntn-
mlf0d.
URVI'ANGE~No. 9 uF 1866.
1upprcssion of Piracy.
aiding and
-'
assisting, &C.
ylrntes, Where
piracy whit
violence or
piracy )rill,
nntrder emn-
nduetl.
Trading, ,co.
with pirates.
Receiving, xe.,
locates it ftcr
piracy or taking
911(1), goods, &C.,
piraticallY stolen
with knowledge.
71, °° The lIigh Court for Suppression of Piracy' shall have jurisdiction
to try all
cases of piracy which the Supreme Court now has jurisdiction to try, and
the offences
hereinafter defined, and to inflict the punishment attached thereto
respectively.
(l.) If any person shall knowingly have set forth any pirate or aided,
assisted,
tnaintaine<l, procured, commanded, counselled, or advised any person
whatsoever to do or commit any piracy, every such person shall be
liable, at the discretion of the Court, to be kept in penal servitude for
ally tel'ln not exceeding fifteen years and not less than five years, or
to
be transported for any term not exceeding fifteen years and not less
than five years or to be imprisoned for any term not exceeding two
years with or without hard labor.
(v.) If any person shall have knowingly set forth any pirate, or aided,
assisted,
maintained, procured, commanded, counselled, or advised any person
whatsoever to do or commit any piracy and in consequence of such
setting forth, and, assistance, I11a111te11allCe, procurement, command
counsel, or advice, a piracy with murder has been ootntnitte&r,ch first,
mentioned person shall suffer death, or be liable, at the c~,isCiYet.ion
of
the Court, to be kol)t in penal servitude for life or for any term not
lees than fourteen rears, or to be transported for life or for any term
not exceeding fourteen years, or to be imprisoned for any term not
esceedin' two years with or without hard labor.
(3.) If any person shall !lave traded with any pirate, knowing bite to be
guilty
of piracy, or to be fitted out with the intention of committing
piracy, or who with the like knowledge shall have furnished any pirate
' with arms, ammunition, provisions, or stores of any kind or shall fit
out any junk, vessel, or boat knowingly and with a design to trade
with, supply, or correspond with any pirate or if any person shall in
any, way have consulted, combined, confederated, or corresponded with
any pirate knowing him to be guilty of piracy such first mentioned
Person 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
five years or to be transported fur any term not exceeding ten years
and riot less than five years, or to be imprisoned with or without hard
labor for guy term not exceeding two years.
(4.) If guy person shall have knowingly received, entertained, or
concealed.
any poison guilty of'~an set of piracy or taken into his custody any
junk, vessel, boat, goods or chattels which shall have been by such
pirate F~' :' piously taken, such first mentioned person. shall be liable,
at t.liQ:' lscre`tion of the Court, to be kept in penal servitude fop:any
term not exceeding ten years and not less than five years or to be
transported for guy term not exceeding ten years and not less than, five
aRDIVANCK No::A,. of 1366.
Suppression of Fircxy,
years, or to be imprisoned with or without hard labor for any
period not exceeding two years.
(5.) If any person shall be found within the Colony of Hongkong on board a
junk, vessel, or boat, which junk, vessel, or boat shall be proved to
have taken part in an act of piracy within twenty-one days pre-
viously, and who shall be unable to satisfy the Court that he was not
on board such junk, vessel, or boat, at the time of the commission of
such act of piracy or, if on board at such time that he was not on
board with his own consent or with the knowledge that an act of
piracy was about to be committed, such person shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term not
exceeding ten years and not lass than five years or to be transported
for any term not exceeding ten years and not less than five years, or
to be imprisoned for any term not exceeding two years with or without
hard labor.
y-w(.) Ifany person shall be found within the Colony of Hongkong
onboard-a.
junk, vessel, or boat, which shall be proved to have taken part in an
act of piracy with murder within twenty-one days previously, and who
shall be unable to satisfy the Court that be was not on board such
junk, vessel, or boat at the time of the commission of such act of
piracy with violence or piracy with murder, or if on board at.slxcli. tune
that he was not on board with,his,own consent or with .the kxlowJe,4
ge,
that an act of piracy with violence or piracy with murder was abp,>~t to:
be committed, such pennon shall .be liable, at the discretion :off lbo:
Court, to be kept in penal servitude for life, or for any term not lest
than fourteen years or to be transported for life, or for any term not
less than fourteen years, or to be imprisoned for any poriod.n.ot exceed-
ing two years with or without hard labor.
Being seen
within twenty-
one days on
boards junk,
&c., proved to .
have taken part
in piracy and
unable to satisfy
the court as to
non-complicity.
Being seen
within twenty-
one days on
board a junk,
&c;, prCved to
have taken part
in,p!racy with
'do Tbnce or piracy
viith m6rder
and naable to
astfafy the Cons
as tp non
core-pliolty ` , ......
(7.) If any person shall be found within the Colony of Hongkong on board
any junk:, vessel, or boat, equipped for the purposes of ,piracy, and
who shall be unable to satisfy the Court that he was not on=board such
junk, vessel, or boat with his own consent or with the knowledge that
the same was equipped for the purposes of piracy, such person shall
be liable, at the discretion of the Court, to be imprisoned with or
without hard labor for any term not exceeding three years: Provided
anvenile
always that.if after ,the eoming.nto operation of this.Ordinance, any bid
altwith.
enders how t~
person shall be convicted of .any offence. punishable under this
Ordinance whose sae shall not in the opinio ~' the Court exceed the
age of sixteen years,. hen and in every--such , ~e:ishall. be:lawful ford
v
the Court in addition to or -in lieu of .the sentence passed or omitted to
be passed for his offence to . direct such offender to be sent at the
Being seen on
board a.,piratical,
junk, &c., and
thne Cou t as to,
non-complicity.
ORMNANCE No: `9 op' 1866.
8ruppression of Piracy.
Precedence.
Chief Justice to
preside In Court,
or in his absence
the Judge of the
Court of Sum-
mar! Jnrisdic
tton.
All matters to be
decided by a
majority of votes.
Sittings of Court.
expiration of such sentence, or forthwith, as the case may be, to any
reformatory school established in this Colony (if the directors or
managers thereof shall be willing to receive such offender) and to be
there detained for a period not less than one year and not exceeding
five years: Provided also that it shall be lawful for the said Court in
addition to any punishment other than capital punishment hereby
imposed for any offence against this Ordinance, to order any male party
or parties whose age in the opinion of the Court shall exceed sixteen
years convicted under this Ordinance, to be once, twice, or thrice
publicly flogged in the manner and subject to the conditions and
restrictions prescribed and imposed with respect to flogging under
Ordinance No. 12 of 1865; and before being discharged from custody
such parties shall be marked with some indelible mark in such manner
and in such part of the body as the Governor in Council may from
time to time direct.
- $, The official members of the said Court shall take precedence of the
unofficial
members, and the official members shall, when sitting in Court take
precedence between
themselves according to the order in which their respective offices are
enumerated in
the sixth section, and the unofficial members according to 'the priority
of their
respective appointments.
9. The Court shall not be competent to try, any case unless three members
at the
least of such Court shall be present at the sitting of such Court, and of
these three
members, one, at the least, shall be the Chief Justice or the Judge of
the Court
of Summary Jurisdiction, and one at the least shall be a Naval officer.
10. The Chief Justice shall preside in the Court, except when he shall be
prevented by some necessary and reasonable cause, and at any sitting of
the said
Court which may be held during his absence, the Judge of the Court of
Summary
Jurisdiction shall preside.
11. A11 matters which shall be brought before the Court shall be decided
by the
majority of votes. The President shall have an original vote in common
with the
other members of the Court, and shall have also a casting vote whenever
upon any
question the votes shall be equally divided.
12. The place at which the Court shall sit in discharge of its duties,
shall be such
place as may from time to time be appointed for that purpose by the
Governor.
Place In width 13. The place in which the Court shall sit to hear and
determine any matter shall
Court sits to be
deemed an open be deemed an open Court to which the public generally may
have access.
Court.
14. The Governor'li-all direct a seal to be made for the Court and may
direa,*the
same to be broken, altered and renewed at his discretion, and all
documents issuing
from the Court shall be sealed. with the said seal.
Seal of the
Court.
ORDINANCE N9..'.9 -of 1°866.
Suppression of Piracy.
15. The Registrar and other officers of the Supreme Court shall attend
the sittings Officers of Court,
of 'the High Court of Hongkong for the Suppression of Piracy,' and assist
in the
proceedings thereof, and whilst so attending and assisting shall be
styled officers of
such last-mentioned Court.
16. It shall be in the power of the Court to adjourn the proceedings from
time to Powerto
adjourn.
time to any day or days to be fixed by them in the event of the absence
of witnesses or `
of any other cause which shall appear to them expedient.
1'7. Every member of the Court before he shall enter upon the execution
of any membersto
of the duties of his office shall take an oath in the presence of His
Excellency the take an oath.
Governor in the form following (that is to say)--
°'I, A. B., do solemnly swear that I will according to the best of my
qkilv
and knowledge, act in the execution of my office of member of 'the High
Court of Hongkong for the Suppression of Piracy' faithfully, impartially,
fairly, and without prejudice either for or against prosecutors or
prisoners,
or any other persons. So help me God.'
And every Registrar and other officer of the Court before he enters on
the duties of his 'e9iatrar and
other officers to
office shall take an oath before one of the members of the Court who
shall be takeanonth.
empowered to administer the same in the foriu following (that is to say)-
°°I, A.B., do solemnly swear that I will according to the best of my skill
and knowledge act in the execution of my office, and that I will conduct
myself with respect to the authority of the members of 'the High Court of
Hongkong for the Suppression of Piracy' to which Court I amsattached and
will act with fidelity in all the affairs which may belong to my charge;
and
without reference or favor either' for prosecutors or prisoners, or any
other
persons. So help me God.'
18. For the purpose of bringing any offencp. under the cognizance of the
Court, Attorney Generar
to prosecute.
an information shall be signed by the Attorney General.
19. From and after the commencement of this Ordinance every person who,
but
for this Ordinance, would be committed for trial before the Supreme Court
for piracy
or any offence connected therewith shall in lieu thereof be committed for
trial before
the Court established by this Ordinance. Provided always that the
Attorney General
if he shall think expedient so to do, may direct that the trial of any
person committed
for trial before the said Court shall take place before the Supreme Court
in cases where
the Supreme Court has jurisdiction to try the offence for which such
person shall have
been committed as aforesaid.
20. The rules of evidence observed in the Supreme Court in its Criminal
JurlSdiC- What rules of
evidence to be
do R shall, except as herein specially provided, and until othere
provided bY competent, observed and iQrity in that behalf, be applicable
to, and observed in, the trial of all questions of
fist in :the Court established in pursuance of this Ordinance.
Committal of
prisoners for
trial for offences
connected with
piracy.
Attorney GeneraY
may direct trial
to take place at
Supreme Court
in certain cases.
-Commutation of
capital punish.
went.
Power to flog.
Inconsistent
laws, .kc., of no
force in Hong.
kong. Saving of
-jurisdiction of
Supreme Court.
ORDINANCE No. '9 0r 1866
,
-i5tuppression.nf Piracy.
21. Every person who upon any examination upon oath or upon affirmation or
Are summarily
pnnfanea. 'declaration before the Court shall in its opinion have wilfully
and corruptly given false
evidence shall be sentenced without further trial to a term of
imprisonment not
exceeding eighteen months with or without bard labor.
'Practice of the 22. The practice of the Court shall, except where
otherwise herein provided or by
-Court. the rules or orders to be from time to time made and approved
under the pr091slos
hereof, be, so far as the circumstances of the case will admit, according
to the present
practice of the Supreme Court.
23. And to the end and intent that the procedure and practice of the
Court may
be of the most simple and expeditious character, it shall be lawful for
the Chief Justice
'to 'make, and he is hereby required to make, and from time to time to
amend all
necessary rules and orders, and to frame proceedings for regulating the
procedure and
practice of the Court, and generally for carrying the provisions of this
Ordinance into
effect, subject nevertheless to amendment and approval of all such rules,
orders and
proceedings by the Governor in Executive Council, and such rules, orders
or forms,
ox amended rules, orders and forms shall be submitted to the Legislative
Council who
may allow, disallow, or alter the same and the rules, orders and forms so
allowed or
altered shall be of the same force and effect. as if they had been
specially inserted herein
Barristers and attornies shall respectively have and enjoy the like
privilege of practising
before, and be subject to the like authority o£ the Court as they have
and enjoy, and are,
subject to in the Supreme Court.
24. Whenever sentence of death shall have been pronounced by the Court
upon
any prisoner, and such sentence shall be commuted by the Governor, it
shall be lawful
for the Governor in Council to order that such prisoner be once, twice or
thrice publicly
flogged in the manner and subject to the conditions and restrictions
prescribed and
imposed with respect to flogging under Ordinance No. 12 of 1865.
25. All local Laws, Statutes, Ordinances and usages inconsistent with the
.provi-
sions of this Ordinance shall be and the same hereby are declared to be
of no force and
efFect whatsoever within the Colony of Hougkong; Provided always that
nothing herein contained shall be construed in any way to take away,
abridge, or affect the jurisdiction
now exercised by the Supreme Court.
[No record of and proclamation under section one.
Repealed by. Ordinance No. 1 of 1868.E
917
Tilte.
[See Ord. No. 12 of 1867.]
Preamble.
Commencement of Ordinance.
Interpretation of terms.
'Governor,' &c.
'Recevie or take into his custody.'
'Goods and chattels.'
Short title of Ordinance.
Jurisdiction in priacy, &c., to be excercised by a Court to be constituted for the purpose.
Powers of Court and President.
Powers of Court and President.
Constitution of Court.
918
Offences cognizable by High Court.
Setting forth, aiding and assisting, &c., pirates, where piracy committed.
Setting forth, aiding and assistign, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c., with pirates.
Receiving, &c., pirates or taking ship, goods, &c., piratically stolen with knowledge.
919
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy and unale to satisfy the Court as to non-complicity.
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy with violence or piracy with murder and unable to satisfy the Court as to non-complicity.
Being seen on board a piratical junk, &c., and unable to satify the Court as to non-complicity.
Juvenile offenders how to be dealt with.
920
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence th eJudge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sittings of Court.
Place in which Court sits to be deemed and open Court.
Seal of the Court.
921
Officers of Court.
Power to adjourn.
Members to take an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
Committal of prisoners for trial for offences connected with piracy.
Attorney General may direct trial to take place at Supreme Court in certain cases.
What rules of evidence to be observed.
922
False witness to be summarily punished.
Practice of the Court.
Rules and orders to be made for regulating the procedure of the Court.
Privilege of barristers and attornies.
Commutation of capital punishment.
Power ot flog.
Inconsistent laws, &c., of no force in Hongkong. Saving of jurisdiction of Supreme Court.
Abstract
917
Tilte.
[See Ord. No. 12 of 1867.]
Preamble.
Commencement of Ordinance.
Interpretation of terms.
'Governor,' &c.
'Recevie or take into his custody.'
'Goods and chattels.'
Short title of Ordinance.
Jurisdiction in priacy, &c., to be excercised by a Court to be constituted for the purpose.
Powers of Court and President.
Powers of Court and President.
Constitution of Court.
918
Offences cognizable by High Court.
Setting forth, aiding and assisting, &c., pirates, where piracy committed.
Setting forth, aiding and assistign, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c., with pirates.
Receiving, &c., pirates or taking ship, goods, &c., piratically stolen with knowledge.
919
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy and unale to satisfy the Court as to non-complicity.
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy with violence or piracy with murder and unable to satisfy the Court as to non-complicity.
Being seen on board a piratical junk, &c., and unable to satify the Court as to non-complicity.
Juvenile offenders how to be dealt with.
920
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence th eJudge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sittings of Court.
Place in which Court sits to be deemed and open Court.
Seal of the Court.
921
Officers of Court.
Power to adjourn.
Members to take an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
Committal of prisoners for trial for offences connected with piracy.
Attorney General may direct trial to take place at Supreme Court in certain cases.
What rules of evidence to be observed.
922
False witness to be summarily punished.
Practice of the Court.
Rules and orders to be made for regulating the procedure of the Court.
Privilege of barristers and attornies.
Commutation of capital punishment.
Power ot flog.
Inconsistent laws, &c., of no force in Hongkong. Saving of jurisdiction of Supreme Court.
Tilte.
[See Ord. No. 12 of 1867.]
Preamble.
Commencement of Ordinance.
Interpretation of terms.
'Governor,' &c.
'Recevie or take into his custody.'
'Goods and chattels.'
Short title of Ordinance.
Jurisdiction in priacy, &c., to be excercised by a Court to be constituted for the purpose.
Powers of Court and President.
Powers of Court and President.
Constitution of Court.
918
Offences cognizable by High Court.
Setting forth, aiding and assisting, &c., pirates, where piracy committed.
Setting forth, aiding and assistign, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c., with pirates.
Receiving, &c., pirates or taking ship, goods, &c., piratically stolen with knowledge.
919
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy and unale to satisfy the Court as to non-complicity.
Being seen within twenty-one days on board a junk, &c., proved to have taken part in piracy with violence or piracy with murder and unable to satisfy the Court as to non-complicity.
Being seen on board a piratical junk, &c., and unable to satify the Court as to non-complicity.
Juvenile offenders how to be dealt with.
920
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence th eJudge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sittings of Court.
Place in which Court sits to be deemed and open Court.
Seal of the Court.
921
Officers of Court.
Power to adjourn.
Members to take an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
Committal of prisoners for trial for offences connected with piracy.
Attorney General may direct trial to take place at Supreme Court in certain cases.
What rules of evidence to be observed.
922
False witness to be summarily punished.
Practice of the Court.
Rules and orders to be made for regulating the procedure of the Court.
Privilege of barristers and attornies.
Commutation of capital punishment.
Power ot flog.
Inconsistent laws, &c., of no force in Hongkong. Saving of jurisdiction of Supreme Court.
Identifier
https://oelawhk.lib.hku.hk/items/show/224
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 9 of 1866
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPPRESSION OF PIRACY ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 15, 2025, https://oelawhk.lib.hku.hk/items/show/224.
