BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1881
Title
BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1881
Description
Banishment and Conditional Pardons.
No. 4 of 1881.
An Ordinance entitled the 'Banishment and Conditional Pardons Ordinance, 1881.'
[24th June, 1881.]
BE it ena,et~d by the Governor of Hongkong, with the vice, of the
Legislative
~.CYouncl thereof, as follows:-. _
intorpl,E ~.-hn the construction Of this Or d1nc111ce, tile
expression 'order of banish ment
chl«se
inpan$: an order of tie Governor in Council, prohibiting a person from
residinj or bein:;
vlthih, this Colony, for a term not exceeding five years:
Power to a>Iw,t '2_, .A,yv, Ma,6strate 1ntLy lawfully arrest, or cause to
be arrested, with or without
iInd keep sns. ~-- .- ~ : .
peccedvmizsarieq wakran,~-a,~l~r person w11a121 lie rewLS4nably suspects
t0 be an emissary Or abettor of Her
ur ubettory of
(IICI11l~'s . . .. , - G,~Pe cjt-u, a fls Majesty's , eueinies, or of
pirates, or of Chinese disaffected , to Her Majesty',-, Govern,-
'sj~'S``'1''a meat, or otherwise dangerous to the peace and good older of
this Colony, and safely
keep hiumntil he can be dealt with according to law.
Sect'
trity to
~~ tpeI 4e,~witbbh;
:' wee .Ord. 8 of
21.1
3. .Any Magistrate lnay cause any Chinese person to find reasonable
security for
his appearance in any Court far any purpose, and at any time ~ within
twelve months,
and every adjudication to that effect shall be made in olden Court; and
reported forth-
ORDINANCE No. 4 of 1881
Bagislament and Conditional Pardons.
with to the Governor; and such Chinese not finding such security shall be
deemed a
person dangerous to the peace of the Colony, and be liable to banishment
under section
4 of this Ordinance.
4. The Governor. in Council may, by order, prohibit any person not being
aPower to banish
for live years.
natural .born or naturalized subject of Her Majesty from residing or
being within this ` [See ord. s of
1857, sec. 7, and
Colony daring any spore of time not exceeding five years, and may by the
saine or any Ored.2. 4 of Is!],
subsequent order, fix the time for the departure of such person from the
Colony.
5. Every person who has been prohibited by order of the Governor in
Council
from residing or being within this Colony for any space of tine not
exceeding five years
under the.provisions of this or any other Ordinance, and who without
lawful authority
or excuse, the proof of which shall lie upon him, is in this Colony after
the date of
such order, or after the tune fixed for h,is departure, and before the
expiration of the
term of his banishment, shall be guilty of a misdemeanor, and upon
conviction thereof
shall be liable to imprisonment, with or without hard labour, for any
period not
exceeding one year: Prodded that in ail cases in which the prisoner when
brought
before a Magistrate upon such charge shall plead guilty thereto, it shall
be lawful for
the Magistrate to deal summarily with the case, instead of committing the
prisoner
for trial at the Supreme Court.
6. The Governor map in his discretion grant ^to any offender convicted of
any
crime a-pardon subject to either of the following conditions, as the case
may be, viz.,.-
That, such offender shall quit the Colony and not afterwards -be found at
large therein;
or that such offender shall, in lieu of a sentence of death which may
have been passed
upon or recorded against him by any Court of competent jurisdiction,
suffer such term
of imprisonment, with or without hard labour, or penal servitude, as the
Governor
r nay think fit.
'. If airy offender to whom a pardon has been. granted eitlr before or
after the
passing of this Ordinance, on the condition of his quitting the Colony,
be afterwards
found at large therein without lawful authority or excuse, the proof
whereof shall lie
upon him, he shall be guilty of a felony or of a misdemeanor, according
to the nature
of the offence for which he received such conditional pardon, and shall,
on conviction,
be liat-le, to any sentence not exceeding the whole of his original or
commuted sentence,
such sentence to commence from the date at tvhich he is tried and
convicted under this
Ordinance: Provided that in all cases in which the prisoner when brought
before a
Magistrate upon such charge shall plead guilty thereto, it shall be
lawful for the
Magistrate to deal .summarily with the case, and to remit him to gaol to
undergo any,
sentence not exceeding, the whale of his original or commuted sentence,
instead of
committing him for trial at the Supreme Court. .
Whenever it seems expedient that any prisoner convicted of any crime, and
Penalty for dis-
obedience to or
violation oforrter
of iranishmont.
r&, Ord. 4 of
'V17l, see. s.)
(loverttor may
grant pardon
subject to con.
ditions of offen-
ders leaving the
Colony.
Fee Ord. 1 ref
i 8ti(, see, 1.] .
lir<.ach of con-
ditionral pardon.
Governor in
Council may
actually undergoing sentence of imprisonment should be released and
banished, it shall banish prisoners-
be lawful for the Governor in Council to order such prisoner to be
banished..
ORDINANCE N0.` 4 of 1881.
Banishment and Conditional Pardons.
9. Every convict, so banished and nevertheless returning to the Colony,
shall be
liable, on conviction thereof before a Magistrate, to undergo the
remainder of his
original sentence.
Prisoner may be 10. If it appears tt to the Governor in Council, the
Governor in Council may
banished again. ' `
r,5erord.4of issue a anew order of banishment against any person who has
been convicted of an
1871, sec. 4.3
.
offence against section 5 'of this Ordipauce, and such order shall
commence to take
effect during or at tile expiration of any term of imprisonment to which
the prisoner
has been sentenced.
Prisoner return. I'll If it appears fit t0 the Governor in Council, the
Governor in Council may
fng after condi-
tional pardon issue all order of banishment fLyalnst any person who has
been convicted of an offence
and banishment n
may be again
banished. against sections 7 ar 9 of this Ordinancer and,such order shall
commence to take effect
,during or at tie expiration of any term ref imprisonment to which the
prisoner bas been,
sentenced.
12. Any parson convicted before a Magistrate of mendicsaney in this
Colony shall
be liable to a fine not exceeding five dollars, or in default thereof, to
imprisonment,
with or without hard labour, not exceeding twenty-one days.
13. Any person wlao knowingly harba-urs~ or conceals in the Colony of
Llongl:oug
any person under sexaten<:e. of banishment, shall, on conviction thereof
before: be liable to a fine not exceedingtfifty, dollars, or in default
of payment, tq die
I'mp' ~Isoned, with or without hard labour, for any tern! not exceeding
six mom
14: :The following enactments are hereby repealed; viz.:~---
Ordztaance 14 of i$45,--Section 2, sub-section 7 7, from the woxd`s ~`
shall beg,' to
the=words 'alms ox,' inclusive.
9 of 1857,-All sections not previously repealed
8 0188,-Sections 21 and 23, and. sub-section 9 of section 28.
1 of 1860,--The whole.
9 of 1867,--Section 17.
16 of 1870,
4 of 1871,
5 of1871, The whole.
4 of 187:,
-Provided that such repeal shall not affect the.past operation of any
such enactment or
amything -dorle ox suffered thereunder.
n
15. This Ordinance shall not come .into operation until tier Majesty's
confirma»
t,ion thereof is proclaimed by the Governor.
E'cv f nnratirnc neIer p7 octaimed : Repealed by Ordinance Xo. 4 of 188
7.1
1586
Title.
[See Ordinance No. 12 of 1881.]
Interpretation clause.
Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
Security to appear within twelve months.
[See Ord. 8 of 1858, sec. 21.]
1587
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience to or violation of order of banishment.
[See Ord. 4 of 1871, sec. 3.]
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. 1 of 1860, sec. 1.]
Breach of conditional pardon.
Governor on Council may banish prisoners.
1588
Returning from banishment.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
Mendicancy forbidden.
Repeal.
Suspending clause.
No. 4 of 1881.
An Ordinance entitled the 'Banishment and Conditional Pardons Ordinance, 1881.'
[24th June, 1881.]
BE it ena,et~d by the Governor of Hongkong, with the vice, of the
Legislative
~.CYouncl thereof, as follows:-. _
intorpl,E ~.-hn the construction Of this Or d1nc111ce, tile
expression 'order of banish ment
chl«se
inpan$: an order of tie Governor in Council, prohibiting a person from
residinj or bein:;
vlthih, this Colony, for a term not exceeding five years:
Power to a>Iw,t '2_, .A,yv, Ma,6strate 1ntLy lawfully arrest, or cause to
be arrested, with or without
iInd keep sns. ~-- .- ~ : .
peccedvmizsarieq wakran,~-a,~l~r person w11a121 lie rewLS4nably suspects
t0 be an emissary Or abettor of Her
ur ubettory of
(IICI11l~'s . . .. , - G,~Pe cjt-u, a fls Majesty's , eueinies, or of
pirates, or of Chinese disaffected , to Her Majesty',-, Govern,-
'sj~'S``'1''a meat, or otherwise dangerous to the peace and good older of
this Colony, and safely
keep hiumntil he can be dealt with according to law.
Sect'
trity to
~~ tpeI 4e,~witbbh;
:' wee .Ord. 8 of
21.1
3. .Any Magistrate lnay cause any Chinese person to find reasonable
security for
his appearance in any Court far any purpose, and at any time ~ within
twelve months,
and every adjudication to that effect shall be made in olden Court; and
reported forth-
ORDINANCE No. 4 of 1881
Bagislament and Conditional Pardons.
with to the Governor; and such Chinese not finding such security shall be
deemed a
person dangerous to the peace of the Colony, and be liable to banishment
under section
4 of this Ordinance.
4. The Governor. in Council may, by order, prohibit any person not being
aPower to banish
for live years.
natural .born or naturalized subject of Her Majesty from residing or
being within this ` [See ord. s of
1857, sec. 7, and
Colony daring any spore of time not exceeding five years, and may by the
saine or any Ored.2. 4 of Is!],
subsequent order, fix the time for the departure of such person from the
Colony.
5. Every person who has been prohibited by order of the Governor in
Council
from residing or being within this Colony for any space of tine not
exceeding five years
under the.provisions of this or any other Ordinance, and who without
lawful authority
or excuse, the proof of which shall lie upon him, is in this Colony after
the date of
such order, or after the tune fixed for h,is departure, and before the
expiration of the
term of his banishment, shall be guilty of a misdemeanor, and upon
conviction thereof
shall be liable to imprisonment, with or without hard labour, for any
period not
exceeding one year: Prodded that in ail cases in which the prisoner when
brought
before a Magistrate upon such charge shall plead guilty thereto, it shall
be lawful for
the Magistrate to deal summarily with the case, instead of committing the
prisoner
for trial at the Supreme Court.
6. The Governor map in his discretion grant ^to any offender convicted of
any
crime a-pardon subject to either of the following conditions, as the case
may be, viz.,.-
That, such offender shall quit the Colony and not afterwards -be found at
large therein;
or that such offender shall, in lieu of a sentence of death which may
have been passed
upon or recorded against him by any Court of competent jurisdiction,
suffer such term
of imprisonment, with or without hard labour, or penal servitude, as the
Governor
r nay think fit.
'. If airy offender to whom a pardon has been. granted eitlr before or
after the
passing of this Ordinance, on the condition of his quitting the Colony,
be afterwards
found at large therein without lawful authority or excuse, the proof
whereof shall lie
upon him, he shall be guilty of a felony or of a misdemeanor, according
to the nature
of the offence for which he received such conditional pardon, and shall,
on conviction,
be liat-le, to any sentence not exceeding the whole of his original or
commuted sentence,
such sentence to commence from the date at tvhich he is tried and
convicted under this
Ordinance: Provided that in all cases in which the prisoner when brought
before a
Magistrate upon such charge shall plead guilty thereto, it shall be
lawful for the
Magistrate to deal .summarily with the case, and to remit him to gaol to
undergo any,
sentence not exceeding, the whale of his original or commuted sentence,
instead of
committing him for trial at the Supreme Court. .
Whenever it seems expedient that any prisoner convicted of any crime, and
Penalty for dis-
obedience to or
violation oforrter
of iranishmont.
r&, Ord. 4 of
'V17l, see. s.)
(loverttor may
grant pardon
subject to con.
ditions of offen-
ders leaving the
Colony.
Fee Ord. 1 ref
i 8ti(, see, 1.] .
lir<.ach of con-
ditionral pardon.
Governor in
Council may
actually undergoing sentence of imprisonment should be released and
banished, it shall banish prisoners-
be lawful for the Governor in Council to order such prisoner to be
banished..
ORDINANCE N0.` 4 of 1881.
Banishment and Conditional Pardons.
9. Every convict, so banished and nevertheless returning to the Colony,
shall be
liable, on conviction thereof before a Magistrate, to undergo the
remainder of his
original sentence.
Prisoner may be 10. If it appears tt to the Governor in Council, the
Governor in Council may
banished again. ' `
r,5erord.4of issue a anew order of banishment against any person who has
been convicted of an
1871, sec. 4.3
.
offence against section 5 'of this Ordipauce, and such order shall
commence to take
effect during or at tile expiration of any term of imprisonment to which
the prisoner
has been sentenced.
Prisoner return. I'll If it appears fit t0 the Governor in Council, the
Governor in Council may
fng after condi-
tional pardon issue all order of banishment fLyalnst any person who has
been convicted of an offence
and banishment n
may be again
banished. against sections 7 ar 9 of this Ordinancer and,such order shall
commence to take effect
,during or at tie expiration of any term ref imprisonment to which the
prisoner bas been,
sentenced.
12. Any parson convicted before a Magistrate of mendicsaney in this
Colony shall
be liable to a fine not exceeding five dollars, or in default thereof, to
imprisonment,
with or without hard labour, not exceeding twenty-one days.
13. Any person wlao knowingly harba-urs~ or conceals in the Colony of
Llongl:oug
any person under sexaten<:e. of banishment, shall, on conviction thereof
before: be liable to a fine not exceedingtfifty, dollars, or in default
of payment, tq die
I'mp' ~Isoned, with or without hard labour, for any tern! not exceeding
six mom
14: :The following enactments are hereby repealed; viz.:~---
Ordztaance 14 of i$45,--Section 2, sub-section 7 7, from the woxd`s ~`
shall beg,' to
the=words 'alms ox,' inclusive.
9 of 1857,-All sections not previously repealed
8 0188,-Sections 21 and 23, and. sub-section 9 of section 28.
1 of 1860,--The whole.
9 of 1867,--Section 17.
16 of 1870,
4 of 1871,
5 of1871, The whole.
4 of 187:,
-Provided that such repeal shall not affect the.past operation of any
such enactment or
amything -dorle ox suffered thereunder.
n
15. This Ordinance shall not come .into operation until tier Majesty's
confirma»
t,ion thereof is proclaimed by the Governor.
E'cv f nnratirnc neIer p7 octaimed : Repealed by Ordinance Xo. 4 of 188
7.1
1586
Title.
[See Ordinance No. 12 of 1881.]
Interpretation clause.
Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
Security to appear within twelve months.
[See Ord. 8 of 1858, sec. 21.]
1587
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience to or violation of order of banishment.
[See Ord. 4 of 1871, sec. 3.]
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. 1 of 1860, sec. 1.]
Breach of conditional pardon.
Governor on Council may banish prisoners.
1588
Returning from banishment.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
Mendicancy forbidden.
Repeal.
Suspending clause.
Abstract
1586
Title.
[See Ordinance No. 12 of 1881.]
Interpretation clause.
Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
Security to appear within twelve months.
[See Ord. 8 of 1858, sec. 21.]
1587
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience to or violation of order of banishment.
[See Ord. 4 of 1871, sec. 3.]
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. 1 of 1860, sec. 1.]
Breach of conditional pardon.
Governor on Council may banish prisoners.
1588
Returning from banishment.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
Mendicancy forbidden.
Repeal.
Suspending clause.
Title.
[See Ordinance No. 12 of 1881.]
Interpretation clause.
Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
Security to appear within twelve months.
[See Ord. 8 of 1858, sec. 21.]
1587
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience to or violation of order of banishment.
[See Ord. 4 of 1871, sec. 3.]
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. 1 of 1860, sec. 1.]
Breach of conditional pardon.
Governor on Council may banish prisoners.
1588
Returning from banishment.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
Mendicancy forbidden.
Repeal.
Suspending clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/391
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 4 of 1881
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1881,” Historical Laws of Hong Kong Online, accessed July 12, 2025, https://oelawhk.lib.hku.hk/items/show/391.
