CONDITIONAL PARDONS -- DEPORTATION ORDINANCE

CONDITIONAL PARDONS -- DEPORTATION ORDINANCE

ORDINANCE N o: -2 0r 1870.

Conditional Pandv?es-=Deportation.

No. I of 1870.

An Ordinance for the Punishment of deported Criminals and other' 'ice.
Persons dangerous to the Peace and hood Order of the Coionyp who
may be found at large within the same before the Expiration of .the
Period of their Deportation.

18th August,-4,87,0.]
HERFS`by_ reason of the proximity of the Island of Hongkong, to the

-,

` mainland- of China., Chinese subjects who have been convicted of-crimes
and to:

wham a pardon has been granted -by the Governor an condition of their
quitting the-:
Colony, are often found at large therein in violation w£ such condition;
.Anal whereas
other Chinese subjects who are deemed dangerous to the peace and good
order of- the
-Colony, and who have been deported therefrom by the Governor for a
period of'y
often return before the expiration of the term of their deportation;
And-whereas it is
expedient to adopt stringent .measures .for the punishment of such:
offenders and for
the better security of the Colonyand of the residents therein: Be it
enacted by the
'Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows:-

1. Section 2 o£ Ordinance No. 1 of 1860 is hereby repealed.

Preamble-

Repeal.

2. If any offender to whom a' pardon shall have teen granted under
Ordinance T r

.eseity for
brcaoh of

No. l of 1$60, on condition of his quitting the- Colony, be afterwards
found at

aspiration thereof shall be re-deported by, the sentence of the Court for
the ter 1:6f
life.

3..If any person who shall have been deported from this
ColQnyurieler-Ordinance=

No. 9 of 1857, shall be found at large therein without lawful :calise.-,,
before 'the egpira=
tion: of the term for, which he'- shal1.have been deported, he dhall be
=guilty of m
misdemeanor'and on conviction tbereof -before, the . Supreme.Court, shall
'be: liable~to
mprisonxnant with hard, labor, for any term not egceedrng tern ~ears
~,xid shall be
re»deported;by the sentence of. t1xa: Court.for any : period. not
exceeding, five years to
from the egpiratibn of;such,sentence,o£:itnprisan

4. If shy peison who shall have been re-, eparted yby sentence of the
Supreme:. 4enm-ty` fox

~etr,~s~s fro

Court under this Ordinance, shall be found at-large within the . Colony
without lawful=' ,:aapaxtat~on br
.d'allsa before the expiration 'of the term speciled sentence of the

-iri such sentence he shall be guilty of ~: 'o°°*s. , .` --
=feloriy; arid so often as ha shall be convicted thereof before- the
Supreme
shall-be.liable to the punishment prescribed by section 2, and iii
adc'litioii to sueli;
pu nighment the Supreme Court may direct that the offender, .'if
a-tn:alg;,'ha-once, twice -
or thrice-publicly or privately whipped in the manner prescribed by
aiid~subject to the

provisions of-Ordinance No. 12 of 1$$0.
No. 7 of 1870.

Conditional Pardons -- Deportation.

5. Whenever any Chinese subject shall receive a pardon on condition of
quitting
the Colony under Ordinance No. .1 of 1860, or shall be deported by order
of the
Governor under Ordinance No. 9 of 1857, or by the Supreme Court under this

Ordinance, it shall be lawful for a Police Magistrate forthwith or at the
expiration of
any term of penal servitude or imprisonment which such person shall have
been
sentenced to. undergo previously to such deportation, by warrant under
his hand

addressed to the Superintendent of Victoria Gaol, or to the keeper of any
other place in ou~tody in which such person shall be detained, and to the
constables of the Hong-

a;oxkg Police force, to direct that such person shall be removed from
this . Colony to
_p lace within Chinese territory, and in effecting such deportation,
force may be used

ifj;need be for the purposes thereof.

of uA enc®r

burden of

injuries to
Clown

g, The provisions of section 5 of Ordinance No. 2 of 1850, shall apply to
any
action brought against any person for anything done in obedience. to a
warrant issued
under the last.preceding section..

7; The provisions of this Ordinance shall apply only to subjects of
China, but in

case any question shall arise as to the nationality o£ the prisoner, the
burden 'of proof
shall lie upon him.

[I)isallowance-proclaimed 21st-Aprila 1.871. Repealed by
Ordinance No., 4 of r887.]
1053
Title.
Preamble.
Repeal.
Penalty for breach of conditional pardon.
Penalty for returning from deportation.
Penalty for returning from deportation by sentence of the Court.
1054
Mode of enforcing sentence, order or condition of deportation.
Provisions of section 5 of Ordinance No. 2 of 1850.
Application of Ordinance.
Burden of proof.

1053
Title.
Preamble.
Repeal.
Penalty for breach of conditional pardon.
Penalty for returning from deportation.
Penalty for returning from deportation by sentence of the Court.
1054
Mode of enforcing sentence, order or condition of deportation.
Provisions of section 5 of Ordinance No. 2 of 1850.
Application of Ordinance.
Burden of proof.

https://oelawhk.lib.hku.hk/items/show/276

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No. 7 of 1870

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