TREASONABLE OFFENCES ORDINANCE

TREASONABLE OFFENCES ORDINANCE

.URDIhTANGlaJ : loo=. $.`ov 18,88'~:

Treasonable Offences.

NO. $ Of 1868.

An Ordinance to assimilate the Law of this Colony respecting Treasonable
Offences to the Law o£ the United Iiiuudom.

(22nd May; 1868J -

WHEREAS it is expedient, to assimilate the Law of this COIODY respecting
treasonable offences to the Law of the United Kingdom; Be it enacted by
His Excellencysthe Governor of Hongkong, ,with the advice of the
Legislative Council
thereof, as follows:-

i. 1'rovieionn oY 38

Gfeand67G ry
n.clisg. 8, sot to b6
of Yoxco in this
Colony, except as
r- to offences'
:eqainst the
Person of the
6ouereigrl. _

N a

Time Ivftliin

1, From and after the passing and coming into operation of this Ordinance
the
provisions of an Act of the Imperial Parliament passed in the
thirty-sixth year of the
reign -of King George the third, chapter seven made perpetual by an Act
of the Imperial
Parliament of the fifty .seventh year of the same reign, chapter six, and
all the provisions
of the last mentioned Act in relation thereto, save such of the same
respectively as
relate to the compassing, imagining, inventing, devising, or intending
death, or
destruction, or any bodily harm tending to death, or destruction, maim or
wounding,
i>Yi.p'risonment, or restraint of the person of the Heirs and Successors
of His said
1flajeety'gixig George the third, and the expressing, uttering or
declaring o such
compassings, imaginations, inventions, devices, or intentions, or any of
them, shall
oases to be of force in this Colony.

2, If any person whatsoever after the passing and coming into operation
of this
Ordinance shall, within this Colon -or without, compass, imagine, invent,
devise, or
intend to deprive or depose our Most Gracious Lady the Queen, Her Heirs
or Successors
from the style, honor or royal name o the Imperial Crown of the United
Kingdom or of
any other of Her Majesty's dominions or countries, or to levy war against
Her
Majesty, Her Heirs or Successors within any part of the United _Ringdom
in order by

.-force or constraint to compel, Her or Them to change Her or Their
measures or counsels
or in order to put any force or constraint upon, or in order to
intimidate or overawe
b¢.twh Houses or either House of the Imperial Parliament or to move or
stir any foreigner
or stranger with force to invade the United Kingdom, or any other, Her
Majesty's
dominions or countries under the obeisance. of Her Majesty, Her Heirs or
Successors
and such compassings, imaginations, inventions, devices, or intentions,
or any, of them
shall express with, or declare by, publishing any printing or writing or
by open and
advised speaking or by any overt actor deed, every person so offending
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
seven years, or to

..be imprisoned for any term not exceeding two years, with or without
hard labor; and,
With or without solitary confinement.

. ::.:...3. Provided always that no person shall be prosecuted for any
felony by virtue

which prosecn--
lion shall be of this Ordinance in respect of such -compassings,
imaginations, inventions,, deviaas or
ORDINANCE x.1'0.-8 -0F 1868.

Treasonable .Offences.

intentions 4.s aforesaid, in so far as the same are expressed, utteied,
or declared by -
open and advised speaking only unless information of such compassings,
imaginations,
inventions, devices, and intentions, and of the words by which the same
were expressed,
uttered, or declared shall be given upon oath or declaration to one or
more Justice or
Justices of the Peace within six days after such words shall have been
spoken, and
unless a warrant for the 'apprehension of the person by whom such words
shall have
been spoken, shall be issued within ten days next after such information
shall have
been given as aforesaid, and unless such warrant shall be issued
within1wo years
next after the passing of this Ordinance, and that no person shall be
convicted of any .
such compassings, imaginations, inventions, devices, or intentions as
aforesaid, in so,far as the same are expressed, uttered, or declared by
open or advised speaking as

aforesaid, except upon his own confession in open Court, or unless the
words so spoken

,shall be proved by two credible witnesses. -

4. It shall be lawful in any information for any felony under this
Ordinance, to In h,sorn,ation
more than one
charge against the offender any number of the matters, acts, or deeds, by-
which such overt act 1ayue
charged.
compassings, imaginations, inventions, devices or intentions as
aforesaid, or any of
them, shall have been expressed, uttered, or declared.

5. Provided always that nothing berein contained shall lessen the force
of, or in
any manner, affect anything enacted by the statute passed in the
twenty-fifth year of-
$ing Edward the third,--A declaration which Ofences shall be adjudged
Treason.

commenced,
warrant issued,

Nothing herein
to affect 25-
Edwiirct S, chap<;;

g. If the facts or matters alleged in an .information .fo.i ..any-:felony-
uyYdor_ 34-
ns~

Ordinance, shad amount in law to treason such information shall not by
reasq~.'thereo~
be deemed void, erroneous or defective; and if_the.£acts
ar.matters,grovedat the-trial-
of any person charged with any felony under thin Ordinance, shall amount
.in law to
treason, such person shall not, by reason thereof, be entitled to be
acquitted of such
felony; but no person tried for such felony shall be afterwards
prosecuted 'for treason
upon the sauce facts.

7. In the case of every felony punishable under this Ordinance, every
principal
in the second degree and every accessory before the..fact shaili lie
punishable in the
Ordinance

As to the pixnis~Y-'
ment~oYaeces:. >._ '

sories '9n~Te

aftek Lefnre. the manner, as the principal in the first degree is by this
punishable; and

every accessory after he fact to .any such felony shall, on conviction;
be liable to be
imprisoned with or .Without bard labor, and with or without solitary
confinement, for
any, term not exceeding two years. ` -

$. This Ordinance stall commence and take effect on such day as shall
herea£tei :`- cominen cement
- of'Ordinance.
-be fixed by proclamation under the hand of the Governor.

(In force from the 6th .Tune, 1868, under proclamation, of the sanae date.

Repealed by Ordinance .No. 18 of 1868, ,
1010
Title.
Preamble.
Provisions of 36 Geo. 3, chap.7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except as to offences against the Person of the Soverign.
Offences declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be
1011
commenced, warrant issued, &c.
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Information for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
Commencement of Ordinance.

1010
Title.
Preamble.
Provisions of 36 Geo. 3, chap.7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except as to offences against the Person of the Soverign.
Offences declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be
1011
commenced, warrant issued, &c.
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Information for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
Commencement of Ordinance.

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1890

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No. 8 of 1868

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