TREASONABLE OFFENCES ORDINANCE

TREASONABLE OFFENCES ORDINANCE

Treasonable Offences.

No. 13 of 1868.

An Ordinance to assimilate the laws of this Colony respecting Treasonable
Offences to the Law of the United Kingdom.

[13th ',October, 1368.]

WHEREAS it is expedient to assimilate the law of this Colony respecting
treason- -
able offences to the. Law of the TTnited Kin;dom: Be it enacted by His .:
Excellency the Governor of Hongkong, with ,the advice of the Legislative
Council
:thereof, as follows:-

Ordinance No. 8 of 1868 shall be and-the same hereby is repealed.

2. From and after the passing amid colninb into operation of this
Ordinance the
,grovisi_Qns of an Act of, the Imperial Parliament passed in the
thirty-sixth year of the
reign of King George tlio third, chapter seven, made.perpetu~l-by. an Aft
of the
felonies by this

ordinance to be

ydnix'hsble by

))'al servltnde:

odiyprtsonmont,

ORDINANCE'. N613 ox 1868.

'L'reasonable Offences.

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, sate 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, imprisonment, or restraint of the Person of the Heirs, and
Successors of
His said Majesty King George the third, and the expressing, uttering or
declaring of
such eompasaings, imaginations, inventions, devices; or intezltions, or
.any of them,
shall cease to be.of force in this Colony.

If any person whatsoever. after the passing and coming into operation of
this
Ordinance shall, within thin Colony, 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 namo of the Imperial Crown of the United
Kingdom or o£
any other of Her Majesty's dominions or countries, or to levy war against
Her Majesty,.
Her Roirs or Successors within. any paxt of the United Kingdom 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 both
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
'dduiipions or countries under th'e obezsa-pae-,Qf $er. Majestv, :Her
Heirs or Successors
arid such compassiugs, ifpagipations, inventioDS; devices, or intentions,
or any of them-,

shall=eapPOSS with, or declare by 'publishing. any printing or writing or
by open and°j.
advised speaking or by and overt act or 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.

4. Provided always that no persov'shwll be prosecuted for any felony by
virtue ofv

vn;;io4ehiill us= .. this Ordinance in respect of such ,co' iuiaginations,
inventions, devices or
commenead~ -.

:' intentions as aforesaid, in so far as the same are expressed, uttered,
or declared 1Jy

open and advised speaking only unless`informatiou of such compassings,
imaginations,
°iilventiona; 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
nnore 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 hive
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 within
two years nest
after the passing of this Ordinance, and that no person shall be
convicted of any such
compassings, imaginations, inventions, dzvices; or intentions as
aforesaid, in so far as
~e same are expressed, uttered, or declared by open or advised speaking
as aforesaid,

'egcapt upon his own confession in open Court, ' or unless the words so
spoken shall be;
proved by two credible witnesses.
No. 13 of 1868.

Treasonable Offences.

5. It shall be lawful in any information for any felony under this
Ordinance, to to inforrnstions
coma than one j .

-charge against the offender any number of the matters, acts, or deeds,
by which such overt act cony be,
charged. .

compassiugs, imaginations, inventions, devices, or intentions as
aforesaid, or any of
them, shall have been expressed, uttered, or declared.

6, Provided a)waps that nothing herein contained shall lessee the force
of, or
-in any manner, affect anything enacted by the statute passed in the
twenty-fifth year
of Thing Edward the third,-A Declaration aulaich Offences shall be
adjudged Treason.

7, If the facts or mutters alleged in an information for any felony under
this
'-Ordinance, 'shall amount in law to treason such information shall
not,bp reason thereof,
he deemed void, erroneous or defective; and if the facts or matters
proved at the trial
of any person charged with any felony under ibis Ordinance, slap 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 same facts.

Nothing herein
to affect 26
Edward, s,
chap. 2.

tnformaEions for
tetonv-,nndee .
t1rSs Qrc>v(nance',
volia though ,
the facts xisay -
aauenrit to
treason. - .

8. In the cane of every felony punishable under this Ordinance, every
principal m to tile

in the second degree and every accessory .before t33e factshall be
punishablein the -scone
manner, as the principal in the first degree is by this Ordinance
punishal>le; and every
accessory after the fact to any such felony shall, on conviction, ho
liable to be impriso'rled

with or without hard labor, and with or without solitary confinement, for
any term not

:exceeding two pears.~ ,

punishment of
accessories
before and after
the tact.

8. This Ordinance shall commence and tape effr,ct on snob dap as shall
hereafter c~
be fixed by proclama't'ion tinder tbe,band'of the'. Governor.'

[In furce,from flue :X 7th October,, r888,.vznder;Prochxmation of.'tlte
same tlr`=°=

-Repealed by ,,b'
No. XS of 1868.
1019

Title.
Preamble.
Repeal of Ordinance No. 8 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except
1020
as to offences against the Person of the Sovereign.
Officers declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be commenced, warrant issued, &c.
1021
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Informations 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.

1019

Title.
Preamble.
Repeal of Ordinance No. 8 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except
1020
as to offences against the Person of the Sovereign.
Officers declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be commenced, warrant issued, &c.
1021
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Informations 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.

https://oelawhk.lib.hku.hk/items/show/255

1890

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No. 13 of 1868

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