SUPPRESSION OF PIRACY ORDINANCE (HONGKONG), 1868
Title
SUPPRESSION OF PIRACY ORDINANCE (HONGKONG), 1868
Description
Suppression of Piracy.
No. l of 1868.
An Ordinance to make provision for the more effectual Suppression of Piracy.
[22nd May, 1868.]
WHEREAS it is expedient that stringent measures should be adopted
for the suppression of piracy: Be it enacted by the Governor of'
Hongkong, with the advice of the Legislative Council thereof, as
follows:-
1. This Ordinance shall commence and take effect on such day as.
shall hereafter be fixed by proclawation.under the hind of the Governor. ORDINANCE No: :1 of 186ti
Suppression of Piracy.
2. This Ordinance may be cited for all purposes as ~~ The Ordinance short
tttebf
for the Suppression of Piracy ( Hongkong), 1868.' ' Ordinance.
$. Whosoever shall knowingly hive set forth any pirate or aided,
assisted, maintained, procured, commanded, counselled, or advised any
person whatsoever to do or commit any piracy, shall be guilty of felony
aid being convicted thereof shall be liable, at the discretion of the
Curt,
to be kept in penal servitude for any term not exceeding fifteen years
and not less than five years, or to be transported for any tern not
e;tceeding fifteen years acid riot less than five years, or to be
imprisoned
for any term not exceedin;; two years with or without hard labor.
4. Whosoever shall hive knowingly set forth any pirate, or aided,
assisted, maintained, procured, commanded, counselled, or advised any
person whatsoever to do or commit any piracy and iii consequence of
such setting forth, aid, assistance, maintenance, procurement, coininand,
counsel, or advice, a piracy with murder has been committed, shall be
guilty of felony and being convicted thereof shall suffer death, or be
liable, at the discretion of the Court, to be kept in penal servitu;le for
life or for any term not less than fourteen years, or to -he transported
for.
life or for any term not exceeding fourteen years, or to be imprisoned
for-
a.ny term not exceeding two years with or without hard labor.
lj. Whosoever shall have traded with any pirate, knowing him to
be guilty of piracy, or to be fitted out with the intention of coin
mit1titig
piracy, or who, with the like knowledge, shall have .furnished any pirate
Wth arms, ammunitions, provisions, or stores of any kind, or shall .fit
out any junk, vessel, or boat knowingly acid with a design to trade with,
supply, or correspond with any pirate, or if any person sball iti any way
have consulted, combined, aoncederated, or corresponded with guy pirate
knowing him to be guilty of piracy, 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 tern not. exceeding ten years and not less than
five years, or to be transported for any term not ehceedit,b ten years and
not less than five years, or to be imprisoned with or without hard labour
for any term not exceeding two years.
6. Whosoever shall have knowingly received, entertained, or- con-
Receiving,&e_
cealed any person guilty of an act of piracy, or taken into .his custody
pit:t1y Q tor,
(amended by Urdinance No. 6 c f 1$69] any junk, vessel, boat, goods, or
taking -
Setting forth,-
aiding and
assisting, dic.
pirates, where.
piracy
committed.
Setting forth,
aiding and
assisting, &c.
pirates, where
piracy W1t4
vioieuce,or
piracy with
Murder
committed.
Trading; .&c.
with-,piratos-
-
(~i.DIhAIVTCE ~To.` i of 1868.
Suppression of Piracy.
chattels, which shall have been by such pirate feloniously taken, shall be
guilty of felony and being convicted thereof shall be liable, at the
discre-
tion of the Court, to be kept in penal servitude for guy term not
exceeding
ten years and not less than five years, or to be transported for' any term
not exceeding ten years.and not less than five years, or to be imprisoned
with or without hard labor for any period not exceeding two years
Provided that the expression 'received or taken into his custody' shall
be satisfied by proof that the goods and chattels alleged to have been
received and taken into custody were found in any house or premises, or
on board any junk, vessel, or boat within which the person charged shall
be found and of which said goods and chattels he shall be unable to give
a satisfactory account.
'l. Whosoever shall be found within the Colony of Hongkong on board a
junk,
twenty-one days
on boaraa9unk, vessel; or boat, which junk, vessel, or boat shall be
proved to have taken part in an act
SiG. proved to -
have
inpey d of piracy within twenty-one days previously, and who shall be
unable to satisfy the
the atop°o et%°: (:ourt that he was not on board such junk, vessel, or
boat, at the time of the commission
non-oompiiotty: of such act of piracy, or, if on board at such time, that
he was not on board with his
o*n Consent or with the knowledge that an act of piracy was about to be
committed,'
shall bo 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 five years, or to be transported for any term not exceeding ton
years and not
less than five years; or to be imprisoned for guy term not exceeding two
years with or
without hard labor. (Repealed by Ordinance No. 6 of 1869.j'
Being seen within
':_6,wenty.orie days
oa board a junk,
6cg, proved to
', . haveaaken ?',art
.f5~:cywith
v9blenee or piracy
with mardet-and
uu'ta to satiety .
the Court es tb
n~n:complloity.
~0ing seen' ou
bdard ~ rati-
cal I P 4n~',' -&c.;
and unable t6,
.
satisfy ty~°''°:
Cou~-as.*.o -~- >>,. -junk, vessel, or boat kith his own consent or with
the knowledge that
non-oomph. a _ ~
pity` - ~ he same was equipped for the purposes of piracy, shall be guilty
of felony
$, Whosoever shall be found within the Colony of Hongkong on board 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
he 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
such time, that lie
was not on board with his own consent or with the knowledge that an act
of piracy
with violence or piracy with murder was about to be committed, shall be
guilty of
felony and being convicted thereof shall be liable, at the discretion of
the Court, to he`
);slit in penal servitude for life, or for any term not less than
fourteen years, or to be
transported for life, or for any term not less than fourteen years, or to
be imprisoned.
for any period not exceeding two years. with or without hard labour.
[Repealed by
Ordinance No. 6 of 1869.]
g. Whosoever shall be iound within the Colony of Hongkong on
board any junk, vessel, or boat, equipped for the purposes o£ piracy, and
who shall be unable to satisfy the Court that he was not on board such
ORDINTANCE 1f©. :1' of'-13i-:
Suppression of Piracy.
and being convicted thereof shall be liable, at the discretion of the
Court,
to be imprisocied with or without hard labor for any term not exceeding
three years
If after the coming into operation of this Ordinance, any
person shall be convicted of any offence punishable under this
Ordinance whose age shall not in the opinion of the. Court
exceed the age of sixteen years, then and in every such case it
shall be lawful for 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 expiration of such sentence, or
forthwith, as the case may be, to any Reformatory School
established or to be 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
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 person whose age in the opinion of the Court
shall exceed sixteen years convicted under this Ordinance, to be once,
twice,
or thrice privately or publicly flogged in the manner and subject to the
conditions and restrictions prescribed and imposed with respect tologgng
under Ordinance No. 12 of 1865, and before being discharged from custo~
such person may 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. [Repealed by Ordinance No. 3 of 1881.]
10. In order to bring to adjudication with as little delay and
inconvenience as possible any person who shall be charged with the crime
of piracy ,or with any of the offences hereinbefure mentioned, and by this
Ordinance defined, there shall be constituted in this Colony a Court of
Record to be styled ''The, High Court of Hongkong for the Suppression
o£ Piracy.'
11. The said High Court shall have all such powers as are possessed
Powers.of
Court and
by the Supreme Court, so far as they are necessary for carrying
ilito.effeet . , President.
the provisions of this Ordinance and coizsisteut with the object thereof
12: =The said High Court shall consist o£ the Chief . Justice; the
Judge of the Court of Summary Jurisdiction, who shall be called the
official members of the said Court, and of three other persons; to be
Juvenile
offenders,how
to be dealt
with.
Ord. Yo. 16
Jurisdiction
in piraoy, &C.; :.
fobs eRerGise'd:.:
by a. Court :to.,.
be c4nristituteil F_,
for the
Yurpoae
Constitutioii ..
of .Court: -.'
ORDINANCE' N6; i of 1$0:
Suppression of Piracy.
Offences
cognizablE bar
3fiigb: Court.
appbinted from time to time by the Governor, who shall be called the
unofficial members of the said Court.
13. 'The High Court for Suppression of Piracy' shall have jurisdic-
tion concurrently with the Supreme Court to try all cases of piracy which
the Supreme Court now has ,jurisdiction to try, and also the offences
hereinbefore defined, and to inflict the punishment attached thereto
respectively.
nigh court 14. The said High Court shall be and is hereby empowered to try
-empowered to
act without a without the intFrvontion of a jury all cases over which it
hath or may
jury. hereafter have ,jurisdiction.
Precedence. llj. The official members of the High Court shall take
precedence of
the unofficial members, and the unofficial members shall, when sitting in
Court, take prcce:dence between themselves according to the rules of
precedence ordinarily adopted in this Colony, with sanction of the
Governor.
-Chief Justice
to preside in
Court, or in
life absence
theludge of
the Court o£
summary'
Jurisdiction.
All matters=to
be decided by
a majority of
Votes... ~
Sittings of
Court.
Place in
which .Conzt
sits to be
deemed an
open Court.
lg; The High 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.
17. The Chief Justice shall preside in the High Court, except when
be shall be prevented by some necessary and reasonable cause, and at any
sitting of the said Court which may be hell during his absence, the Judge
of the Court of Summary Jurisdiction shall preside.
18. All matters which shall be brought before the High 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.
19. The place at which the High Court shall sit in discharge of its
duties, shall be such pace as nay from time to time be appointed for that
purpose by the Governor.
20. The place in which the High Court shall sit to hear and' deter-
mine any matter shall be deemed an open Court to which the public
generally may have access.
ORDINANCE No: 1 :oF 1888:
Suppression o f .Piracy.
21. The Governor shall direct a seal to be made for the High Court sear
of the .
.and may direct the same to be broken, altered and renewed at his discre-
Court,
tion, and all documents issuing from the Court shall be sealed with the
said seal.
22. The Registrar and other officers of the Supreme Court shall officers
of:
attend the sittings of ' The High Court of Hongkong for the Suppression
Court.
of Piracy,' and assist in the proceedings thereof, and whilst so attending
and assisting shall be styled officers of such last mentioned Court.
23. It shall be in the power of the High Court to adjourn the i>owcr to
proceedings from time to time to any day or days to be fixed by them in
adio'm.
the event of the absence of witnesses or of any other cause which sball
appear to them expedient.
24. Every member of the high Court before he shall enter upon Nowt,orsto
the execution of any of the duties of his office shall take an oath in
the take at i oath.
presence of the Governor in form following, that is to say :--
' I, A. L., do solemnly swear that I -will according to the
best of my skill 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 same Court before Ile enters
on the duties of his office shall take an oath'before one of the members
of
the Court who shall be empowered to administef' the same in the form
following, that is to say:-
441 , .A. Ii., do solemnly swear that I will according to the
best of my skill and knowledge, act in the execution of my
office, and that # 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 am attached
and will act with fidelity in all the affairs which may belong to
my charge, arid without reference or favor either for prosecutors,
or prisoners, or any other persons. So help me God.'
25. For the purpose of bringing any offence under the cognizance Attorney
-of the High Court, an information shall be signed b the Attorne General
to
y y proseeute,:m'
General.
Registrar and
other officers
to take are.
oath.
False witness
to be -
summarily
'punished.
Practice of
the Court.
t.
ra~al ~n~p
take place
bofore
Supreme
Court.
Commntntton of
punish-
a ~;1a8i a.
Ordit~tll~e,~ .
No. 9 of 1$66
and No. 12 of
1867 repenled..
1
capital :nthnt. ower to
flog.
,~Pe Ord. No. 16
T (c.)
ORDINANCE. No. 1 'OF', 186$.
Suppression of Piracy.
2,6. The rules o£ evidence observed in the Supreme Court in its.
Criminal Jurisdiction shall, except as herein specially provided, and
until
otherwise provided by competent authority in that behalf, be applicable-
to, and observed in, the trial of all questions of fact in the High Court.
27. Every person who upon any examination upon oath or upon
affirmation or declaration before the High 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 hard labor.
28: The practice of the High , Court shall except where otherwise
herein provided or by the rules or orders to be from time to time made
and approved under the provisions hereof, be, so far as the circumstances
of the case will admit, according to the present practice of the Supreme
Court.
Rules and 29. And to the end and intent that the procedure and practice of
orders to be
naae nor the Hi ;h Court may be of the most simple and expeditious
character, it
regulating the
Proeeaura of shall be lawful for the Chief Justice to maize, and he is
hereby required to-
make, and from time to time to amend all necessary rules and orders, for
regulating the procedure and practice of the Court, and generally for
carrying the provisions of this Ordinance into effect, but the same
respectively shall not be deemed binding until the same shall be revised
and approved of by the Legislative Council.
PrlvilegcoE 30. Barristers and attornies shall respectively have and enjoy
the-
bii9'Asters and
-4tto I inaes.- 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.
31. Every person triable before the said High Court shall be
committed for trial and shall be tried before the Supreme Court, unless.
the Attorney General shall otherwise direct.
32. Whenever sentenceofdeath shallhave been pronounced by the said Supreme
Court or by the said High 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 or privately flogged
in the manner
and subject to the conditions and restrictions prescribed and imposed
with respect to-
ff,ogging under Ordinance No. 12 of 1865. ' .Repealed by Ondinanzee No. 3
of 1881.
. 33. Ordinances No. 9 of 1866 and NO. 12 of 1867, are hereby
repealed.
Suppression of Piracy.
No. 1 of 1868.
34. All local laws, statutes, ordinances and usages inconsistent with
the provisions of this Ordinance shall be and the same hereby are
declared,
to be of no force and effect whatsoever within the Colony of Hongkong;
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.
[In force from 28rd May, 1868, under Proclamation of the sauce date.]
982
Title.
Preamble.
Commemcement of Ordinance.
983
Short title of Ordinance.
Setting forth, aiding and assisting, &c. pirates, where piracy committed.
Setting forth, aiding and assisting, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c. with pirates.
Receiving, &c. pirates after piracy or taking ship, goods, &c.
984
piratically stolen with knowledge.
Being seen within twenty-one days on board a 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. 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 satisfy the Court as to non-complicity.
985
Juvenile offenders, how to be dealt with.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Jurisdiction in piracy, &c., to be exercised by a Court to be constituted for the Purpose.
Powers of Court and President.
Constitution of Court.
986
Offences cognizable by High Court.
High Court empowered to act without a jury.
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence the Judge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sitting of Court.
Place in which Court sits to be deemed an open Court.
987
Seal of the Court.
Officers of Court.
power ot adjourn.
Members to taek an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
988
What rules of evidence to be observed.
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.
Trial may take place before Supreme Court.
Commutation of capital punishment. Power to flog.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Ordinances No. 9 of 1866 and No. 12 of 1867 repealed.
989
Inconsistent laws, &c., of no force in Hongkong.
Saving of jurisdiction of Supreme Court.
No. l of 1868.
An Ordinance to make provision for the more effectual Suppression of Piracy.
[22nd May, 1868.]
WHEREAS it is expedient that stringent measures should be adopted
for the suppression of piracy: Be it enacted by the Governor of'
Hongkong, with the advice of the Legislative Council thereof, as
follows:-
1. This Ordinance shall commence and take effect on such day as.
shall hereafter be fixed by proclawation.under the hind of the Governor. ORDINANCE No: :1 of 186ti
Suppression of Piracy.
2. This Ordinance may be cited for all purposes as ~~ The Ordinance short
tttebf
for the Suppression of Piracy ( Hongkong), 1868.' ' Ordinance.
$. Whosoever shall knowingly hive set forth any pirate or aided,
assisted, maintained, procured, commanded, counselled, or advised any
person whatsoever to do or commit any piracy, shall be guilty of felony
aid being convicted thereof shall be liable, at the discretion of the
Curt,
to be kept in penal servitude for any term not exceeding fifteen years
and not less than five years, or to be transported for any tern not
e;tceeding fifteen years acid riot less than five years, or to be
imprisoned
for any term not exceedin;; two years with or without hard labor.
4. Whosoever shall hive knowingly set forth any pirate, or aided,
assisted, maintained, procured, commanded, counselled, or advised any
person whatsoever to do or commit any piracy and iii consequence of
such setting forth, aid, assistance, maintenance, procurement, coininand,
counsel, or advice, a piracy with murder has been committed, shall be
guilty of felony and being convicted thereof shall suffer death, or be
liable, at the discretion of the Court, to be kept in penal servitu;le for
life or for any term not less than fourteen years, or to -he transported
for.
life or for any term not exceeding fourteen years, or to be imprisoned
for-
a.ny term not exceeding two years with or without hard labor.
lj. Whosoever shall have traded with any pirate, knowing him to
be guilty of piracy, or to be fitted out with the intention of coin
mit1titig
piracy, or who, with the like knowledge, shall have .furnished any pirate
Wth arms, ammunitions, provisions, or stores of any kind, or shall .fit
out any junk, vessel, or boat knowingly acid with a design to trade with,
supply, or correspond with any pirate, or if any person sball iti any way
have consulted, combined, aoncederated, or corresponded with guy pirate
knowing him to be guilty of piracy, 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 tern not. exceeding ten years and not less than
five years, or to be transported for any term not ehceedit,b ten years and
not less than five years, or to be imprisoned with or without hard labour
for any term not exceeding two years.
6. Whosoever shall have knowingly received, entertained, or- con-
Receiving,&e_
cealed any person guilty of an act of piracy, or taken into .his custody
pit:t1y Q tor,
(amended by Urdinance No. 6 c f 1$69] any junk, vessel, boat, goods, or
taking -
Setting forth,-
aiding and
assisting, dic.
pirates, where.
piracy
committed.
Setting forth,
aiding and
assisting, &c.
pirates, where
piracy W1t4
vioieuce,or
piracy with
Murder
committed.
Trading; .&c.
with-,piratos-
-
(~i.DIhAIVTCE ~To.` i of 1868.
Suppression of Piracy.
chattels, which shall have been by such pirate feloniously taken, shall be
guilty of felony and being convicted thereof shall be liable, at the
discre-
tion of the Court, to be kept in penal servitude for guy term not
exceeding
ten years and not less than five years, or to be transported for' any term
not exceeding ten years.and not less than five years, or to be imprisoned
with or without hard labor for any period not exceeding two years
Provided that the expression 'received or taken into his custody' shall
be satisfied by proof that the goods and chattels alleged to have been
received and taken into custody were found in any house or premises, or
on board any junk, vessel, or boat within which the person charged shall
be found and of which said goods and chattels he shall be unable to give
a satisfactory account.
'l. Whosoever shall be found within the Colony of Hongkong on board a
junk,
twenty-one days
on boaraa9unk, vessel; or boat, which junk, vessel, or boat shall be
proved to have taken part in an act
SiG. proved to -
have
inpey d of piracy within twenty-one days previously, and who shall be
unable to satisfy the
the atop°o et%°: (:ourt that he was not on board such junk, vessel, or
boat, at the time of the commission
non-oompiiotty: of such act of piracy, or, if on board at such time, that
he was not on board with his
o*n Consent or with the knowledge that an act of piracy was about to be
committed,'
shall bo 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 five years, or to be transported for any term not exceeding ton
years and not
less than five years; or to be imprisoned for guy term not exceeding two
years with or
without hard labor. (Repealed by Ordinance No. 6 of 1869.j'
Being seen within
':_6,wenty.orie days
oa board a junk,
6cg, proved to
', . haveaaken ?',art
.f5~:cywith
v9blenee or piracy
with mardet-and
uu'ta to satiety .
the Court es tb
n~n:complloity.
~0ing seen' ou
bdard ~ rati-
cal I P 4n~',' -&c.;
and unable t6,
.
satisfy ty~°''°:
Cou~-as.*.o -~- >>,. -junk, vessel, or boat kith his own consent or with
the knowledge that
non-oomph. a _ ~
pity` - ~ he same was equipped for the purposes of piracy, shall be guilty
of felony
$, Whosoever shall be found within the Colony of Hongkong on board 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
he 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
such time, that lie
was not on board with his own consent or with the knowledge that an act
of piracy
with violence or piracy with murder was about to be committed, shall be
guilty of
felony and being convicted thereof shall be liable, at the discretion of
the Court, to he`
);slit in penal servitude for life, or for any term not less than
fourteen years, or to be
transported for life, or for any term not less than fourteen years, or to
be imprisoned.
for any period not exceeding two years. with or without hard labour.
[Repealed by
Ordinance No. 6 of 1869.]
g. Whosoever shall be iound within the Colony of Hongkong on
board any junk, vessel, or boat, equipped for the purposes o£ piracy, and
who shall be unable to satisfy the Court that he was not on board such
ORDINTANCE 1f©. :1' of'-13i-:
Suppression of Piracy.
and being convicted thereof shall be liable, at the discretion of the
Court,
to be imprisocied with or without hard labor for any term not exceeding
three years
If after the coming into operation of this Ordinance, any
person shall be convicted of any offence punishable under this
Ordinance whose age shall not in the opinion of the. Court
exceed the age of sixteen years, then and in every such case it
shall be lawful for 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 expiration of such sentence, or
forthwith, as the case may be, to any Reformatory School
established or to be 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
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 person whose age in the opinion of the Court
shall exceed sixteen years convicted under this Ordinance, to be once,
twice,
or thrice privately or publicly flogged in the manner and subject to the
conditions and restrictions prescribed and imposed with respect tologgng
under Ordinance No. 12 of 1865, and before being discharged from custo~
such person may 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. [Repealed by Ordinance No. 3 of 1881.]
10. In order to bring to adjudication with as little delay and
inconvenience as possible any person who shall be charged with the crime
of piracy ,or with any of the offences hereinbefure mentioned, and by this
Ordinance defined, there shall be constituted in this Colony a Court of
Record to be styled ''The, High Court of Hongkong for the Suppression
o£ Piracy.'
11. The said High Court shall have all such powers as are possessed
Powers.of
Court and
by the Supreme Court, so far as they are necessary for carrying
ilito.effeet . , President.
the provisions of this Ordinance and coizsisteut with the object thereof
12: =The said High Court shall consist o£ the Chief . Justice; the
Judge of the Court of Summary Jurisdiction, who shall be called the
official members of the said Court, and of three other persons; to be
Juvenile
offenders,how
to be dealt
with.
Ord. Yo. 16
Jurisdiction
in piraoy, &C.; :.
fobs eRerGise'd:.:
by a. Court :to.,.
be c4nristituteil F_,
for the
Yurpoae
Constitutioii ..
of .Court: -.'
ORDINANCE' N6; i of 1$0:
Suppression of Piracy.
Offences
cognizablE bar
3fiigb: Court.
appbinted from time to time by the Governor, who shall be called the
unofficial members of the said Court.
13. 'The High Court for Suppression of Piracy' shall have jurisdic-
tion concurrently with the Supreme Court to try all cases of piracy which
the Supreme Court now has ,jurisdiction to try, and also the offences
hereinbefore defined, and to inflict the punishment attached thereto
respectively.
nigh court 14. The said High Court shall be and is hereby empowered to try
-empowered to
act without a without the intFrvontion of a jury all cases over which it
hath or may
jury. hereafter have ,jurisdiction.
Precedence. llj. The official members of the High Court shall take
precedence of
the unofficial members, and the unofficial members shall, when sitting in
Court, take prcce:dence between themselves according to the rules of
precedence ordinarily adopted in this Colony, with sanction of the
Governor.
-Chief Justice
to preside in
Court, or in
life absence
theludge of
the Court o£
summary'
Jurisdiction.
All matters=to
be decided by
a majority of
Votes... ~
Sittings of
Court.
Place in
which .Conzt
sits to be
deemed an
open Court.
lg; The High 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.
17. The Chief Justice shall preside in the High Court, except when
be shall be prevented by some necessary and reasonable cause, and at any
sitting of the said Court which may be hell during his absence, the Judge
of the Court of Summary Jurisdiction shall preside.
18. All matters which shall be brought before the High 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.
19. The place at which the High Court shall sit in discharge of its
duties, shall be such pace as nay from time to time be appointed for that
purpose by the Governor.
20. The place in which the High Court shall sit to hear and' deter-
mine any matter shall be deemed an open Court to which the public
generally may have access.
ORDINANCE No: 1 :oF 1888:
Suppression o f .Piracy.
21. The Governor shall direct a seal to be made for the High Court sear
of the .
.and may direct the same to be broken, altered and renewed at his discre-
Court,
tion, and all documents issuing from the Court shall be sealed with the
said seal.
22. The Registrar and other officers of the Supreme Court shall officers
of:
attend the sittings of ' The High Court of Hongkong for the Suppression
Court.
of Piracy,' and assist in the proceedings thereof, and whilst so attending
and assisting shall be styled officers of such last mentioned Court.
23. It shall be in the power of the High Court to adjourn the i>owcr to
proceedings from time to time to any day or days to be fixed by them in
adio'm.
the event of the absence of witnesses or of any other cause which sball
appear to them expedient.
24. Every member of the high Court before he shall enter upon Nowt,orsto
the execution of any of the duties of his office shall take an oath in
the take at i oath.
presence of the Governor in form following, that is to say :--
' I, A. L., do solemnly swear that I -will according to the
best of my skill 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 same Court before Ile enters
on the duties of his office shall take an oath'before one of the members
of
the Court who shall be empowered to administef' the same in the form
following, that is to say:-
441 , .A. Ii., do solemnly swear that I will according to the
best of my skill and knowledge, act in the execution of my
office, and that # 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 am attached
and will act with fidelity in all the affairs which may belong to
my charge, arid without reference or favor either for prosecutors,
or prisoners, or any other persons. So help me God.'
25. For the purpose of bringing any offence under the cognizance Attorney
-of the High Court, an information shall be signed b the Attorne General
to
y y proseeute,:m'
General.
Registrar and
other officers
to take are.
oath.
False witness
to be -
summarily
'punished.
Practice of
the Court.
t.
ra~al ~n~p
take place
bofore
Supreme
Court.
Commntntton of
punish-
a ~;1a8i a.
Ordit~tll~e,~ .
No. 9 of 1$66
and No. 12 of
1867 repenled..
1
capital :nthnt. ower to
flog.
,~Pe Ord. No. 16
T (c.)
ORDINANCE. No. 1 'OF', 186$.
Suppression of Piracy.
2,6. The rules o£ evidence observed in the Supreme Court in its.
Criminal Jurisdiction shall, except as herein specially provided, and
until
otherwise provided by competent authority in that behalf, be applicable-
to, and observed in, the trial of all questions of fact in the High Court.
27. Every person who upon any examination upon oath or upon
affirmation or declaration before the High 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 hard labor.
28: The practice of the High , Court shall except where otherwise
herein provided or by the rules or orders to be from time to time made
and approved under the provisions hereof, be, so far as the circumstances
of the case will admit, according to the present practice of the Supreme
Court.
Rules and 29. And to the end and intent that the procedure and practice of
orders to be
naae nor the Hi ;h Court may be of the most simple and expeditious
character, it
regulating the
Proeeaura of shall be lawful for the Chief Justice to maize, and he is
hereby required to-
make, and from time to time to amend all necessary rules and orders, for
regulating the procedure and practice of the Court, and generally for
carrying the provisions of this Ordinance into effect, but the same
respectively shall not be deemed binding until the same shall be revised
and approved of by the Legislative Council.
PrlvilegcoE 30. Barristers and attornies shall respectively have and enjoy
the-
bii9'Asters and
-4tto I inaes.- 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.
31. Every person triable before the said High Court shall be
committed for trial and shall be tried before the Supreme Court, unless.
the Attorney General shall otherwise direct.
32. Whenever sentenceofdeath shallhave been pronounced by the said Supreme
Court or by the said High 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 or privately flogged
in the manner
and subject to the conditions and restrictions prescribed and imposed
with respect to-
ff,ogging under Ordinance No. 12 of 1865. ' .Repealed by Ondinanzee No. 3
of 1881.
. 33. Ordinances No. 9 of 1866 and NO. 12 of 1867, are hereby
repealed.
Suppression of Piracy.
No. 1 of 1868.
34. All local laws, statutes, ordinances and usages inconsistent with
the provisions of this Ordinance shall be and the same hereby are
declared,
to be of no force and effect whatsoever within the Colony of Hongkong;
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.
[In force from 28rd May, 1868, under Proclamation of the sauce date.]
982
Title.
Preamble.
Commemcement of Ordinance.
983
Short title of Ordinance.
Setting forth, aiding and assisting, &c. pirates, where piracy committed.
Setting forth, aiding and assisting, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c. with pirates.
Receiving, &c. pirates after piracy or taking ship, goods, &c.
984
piratically stolen with knowledge.
Being seen within twenty-one days on board a 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. 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 satisfy the Court as to non-complicity.
985
Juvenile offenders, how to be dealt with.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Jurisdiction in piracy, &c., to be exercised by a Court to be constituted for the Purpose.
Powers of Court and President.
Constitution of Court.
986
Offences cognizable by High Court.
High Court empowered to act without a jury.
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence the Judge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sitting of Court.
Place in which Court sits to be deemed an open Court.
987
Seal of the Court.
Officers of Court.
power ot adjourn.
Members to taek an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
988
What rules of evidence to be observed.
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.
Trial may take place before Supreme Court.
Commutation of capital punishment. Power to flog.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Ordinances No. 9 of 1866 and No. 12 of 1867 repealed.
989
Inconsistent laws, &c., of no force in Hongkong.
Saving of jurisdiction of Supreme Court.
Abstract
982
Title.
Preamble.
Commemcement of Ordinance.
983
Short title of Ordinance.
Setting forth, aiding and assisting, &c. pirates, where piracy committed.
Setting forth, aiding and assisting, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c. with pirates.
Receiving, &c. pirates after piracy or taking ship, goods, &c.
984
piratically stolen with knowledge.
Being seen within twenty-one days on board a 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. 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 satisfy the Court as to non-complicity.
985
Juvenile offenders, how to be dealt with.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Jurisdiction in piracy, &c., to be exercised by a Court to be constituted for the Purpose.
Powers of Court and President.
Constitution of Court.
986
Offences cognizable by High Court.
High Court empowered to act without a jury.
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence the Judge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sitting of Court.
Place in which Court sits to be deemed an open Court.
987
Seal of the Court.
Officers of Court.
power ot adjourn.
Members to taek an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
988
What rules of evidence to be observed.
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.
Trial may take place before Supreme Court.
Commutation of capital punishment. Power to flog.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Ordinances No. 9 of 1866 and No. 12 of 1867 repealed.
989
Inconsistent laws, &c., of no force in Hongkong.
Saving of jurisdiction of Supreme Court.
Title.
Preamble.
Commemcement of Ordinance.
983
Short title of Ordinance.
Setting forth, aiding and assisting, &c. pirates, where piracy committed.
Setting forth, aiding and assisting, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c. with pirates.
Receiving, &c. pirates after piracy or taking ship, goods, &c.
984
piratically stolen with knowledge.
Being seen within twenty-one days on board a 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. 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 satisfy the Court as to non-complicity.
985
Juvenile offenders, how to be dealt with.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Jurisdiction in piracy, &c., to be exercised by a Court to be constituted for the Purpose.
Powers of Court and President.
Constitution of Court.
986
Offences cognizable by High Court.
High Court empowered to act without a jury.
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence the Judge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sitting of Court.
Place in which Court sits to be deemed an open Court.
987
Seal of the Court.
Officers of Court.
power ot adjourn.
Members to taek an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
988
What rules of evidence to be observed.
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.
Trial may take place before Supreme Court.
Commutation of capital punishment. Power to flog.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Ordinances No. 9 of 1866 and No. 12 of 1867 repealed.
989
Inconsistent laws, &c., of no force in Hongkong.
Saving of jurisdiction of Supreme Court.
Identifier
https://oelawhk.lib.hku.hk/items/show/243
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 1 of 1868
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPPRESSION OF PIRACY ORDINANCE (HONGKONG), 1868,” Historical Laws of Hong Kong Online, accessed July 12, 2025, https://oelawhk.lib.hku.hk/items/show/243.
