BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1881
Title
BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1881
Description
Banishment and Conditional Pardons.
No. 12 of 1881.
An Ordinance entitled the 'Banishment and Conditional Pardons Ordinance, 1881.'
[23rd August, 1881.]
BE it enacted by the Governor of Hongkong; with the advice of the Legislative
Council thereof, as follows:--
1. In the construction of this Ordinance, the expression
K~ order of banishment'
means, axl order of the Governor in Council, prohibiting a person from
'residing or being,
within this Colony,` for a term not exceeding five years.
ro~oi~o ' =arresi ; .2 -, Any Justice o£ the Peaca may lawfully arrest, or
cause to be.arrested, with or
an~i;kcep aitq
~octeae~ss~ :-, yaithout warrant, any person whom he reasonably, suspects
to be an emissary or ukiettor
or ~hettors of .,
Cn,eiare: ~ ~~ of H'ysr lZajesty's. enemies, or of pirates,, or of Chinese
di affected to Her Majesty's.
~sJ`, See., ,l y 4ov®rtaxnent, or, otherwise dangerous to the peace and
good order of this Colony, an( l,
I~eex> hi rri~ until he can be dealt with according to law.
seeurity to '~ ~ ~ r $, A:ny- Magistrate may cause any Chinese person to
find reasonable security for
appear MUMn~
c`volve '1ont11g
~~4a'~ earance ii any Court for any purpose, and at any tithe within
twelve months,
Ord. 8 of
~s5s, see, 21J
~~;~,~ex,~. ~dau~acation to, that effect shah be made in open Court, and
reported forth-
,le, ,C~vernor.;` and such, Chinese not finding; such security shall be
deemed a
~o~i3dargero~us toahe peace of the Colony, and be liable to banishment
under section
4 of -tla:rs 0-Ldina~nce = -- . -- s ~, ,
4. The Glbve>~nnz~ 3n yCounel may, by order, prohibit any person not
being a,
natural horn or- naE'uralize<l subject a H er Majesty from residing or
being within this
Colony during aiy.-space-of time not exeeeding fire years, and ma,y by
the 'same or any
subsequent order, fix the.time for the departure of such person from the
Colony.
ORDINANCE No. 12 OF 1881.
Banic7cment and Conditional Pardons.
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 tune 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 time fixed for his 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, vi`ith or without hard labour,
for any period
not exceeding one- year: 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, instead of committing the
prisoner for
trial at the Supreme Court.
$, The Governor may in his discretion grant to any offender convicted of
any
crime a pardon subject to either of the following conditions, as the
cai.se may he, viz.:-
`That such offender shall quit the Colony and eat afterwards h'e found-at
largo therein;
or that such offender shall, in lieu of a sentence of death which may
have been passed
upon or recorded against hire by airy Court of competent jurisdic;tiao,
suffer such term
of imprisonment, with or without hard labour, Or 1°renal servitude, as
the Croverrror may
think -fit..
Penalty for
disobedience to
au violation of
UI'(iCr Uf 11aII1Vi1-
In! II$..
(,Yee Ord. 4 of'
1871, see. 3.1
(itVE.t'itUt into,
gniat pardon
Subject to
conditions of
offenders leaving
the Colony.
[See Ord. I of
1$Gll, we. 1.] .
.7. If any offender to whom a pardon has been granted either before or
after the Breach of
Ctmciitiona
pasEln; of this Ordinance, on the, condition of hip quitting the Colony,
be afterwards nal'a'I.
1ouncl at.large thereiriswithout. lawful uauth,ority or eicuse, 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 cotaditional pardon, and shall,
on wnvietion,
be liable; to any sentence not exceediab the whole'o'£ his original or
commuted senten,ce,
such sentence to commence from the date at whicY3ae 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 hinr to gaol to
undergo any
sentence not exceeding the whole- of ~ his original or commuted sentence,
instead of
committing him' for trial at the Supreme Court.
$. If. it appears fit to the Governor in Council, the Governor 4n Council
may issue
a new order of banishment against any, person who has been convicted of
ail offence
.against section 5 of this Ordinance, and such order shall commence to
take effect during
or at tire expiration of any term of imprisonment to which the prisoner
has been sen.
tenced. .
9. if it appears fit to the Governor in Council, the Governor in Council
may issue
an order of banishment against any person who has been convicted of an
offence against
secio>n ,7 of this Ordinance, and such order shall commence to take
effect during or at
the expiration of any term of imprisonment to which the prisoner has
been_sentenced.
10. Any person who' knowingly harbours or conceals in tire Colony of
Hongkong,
am person whose banishment has been ordered, shall, on conviction thereof
before a
k!°iyolicsr way be
banished again.
UOrd. 4 n'
Z I, see. 4 It
ink after
('.017(11tIQIkaI
pardon and
bitlaishlnent nlriy
be again
1>flII19rled.
Ordinance No. 12 of 1881.
Banishment and Conditional Pardons.
Magistrate, be liable to a fine not exceeding fifty dollars, or in
default of payment, to
be imprisoned, with or without hard labour, for any term not exceeding
sip months.
21. The following enactments are hereby repealed, viz.:-
Ordinance 14 of 184,-Section 2, sub-section 17, from the words ' shall
bed,' to
the words 'alms or,' inclusive.
9 of 18'7,-All sections not previously repealed.
8 of 1858,-Section 21 and section 28, sub-section 9, from the words
- ' and be deported' to ' shall so decide.'
1 of 1860,-The whole.
9 of 1867,-Section 17.
16 of 1870,
4 of 1871, The whole.,
5 of 1871,
Provided that such repeal shall not affect the past operation of any
such. enactment or
anything done or suffered thereunder.
12. This Ordinance shall not come into operation until Her Majesty's
confirma-
tion thereof is proclaimed by the Governor.
[Confirmation never proclaimed: Repealed by Ordinance No. 4 of 1887, and see
Ordinance No. 8 of 1882.]
1592
Title.
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.]
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
1593
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.
Breach of conditional pardon.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
1594
Repeal.
Suspending clause.
No. 12 of 1881.
An Ordinance entitled the 'Banishment and Conditional Pardons Ordinance, 1881.'
[23rd August, 1881.]
BE it enacted by the Governor of Hongkong; with the advice of the Legislative
Council thereof, as follows:--
1. In the construction of this Ordinance, the expression
K~ order of banishment'
means, axl order of the Governor in Council, prohibiting a person from
'residing or being,
within this Colony,` for a term not exceeding five years.
ro~oi~o ' =arresi ; .2 -, Any Justice o£ the Peaca may lawfully arrest, or
cause to be.arrested, with or
an~i;kcep aitq
~octeae~ss~ :-, yaithout warrant, any person whom he reasonably, suspects
to be an emissary or ukiettor
or ~hettors of .,
Cn,eiare: ~ ~~ of H'ysr lZajesty's. enemies, or of pirates,, or of Chinese
di affected to Her Majesty's.
~sJ`, See., ,l y 4ov®rtaxnent, or, otherwise dangerous to the peace and
good order of this Colony, an( l,
I~eex> hi rri~ until he can be dealt with according to law.
seeurity to '~ ~ ~ r $, A:ny- Magistrate may cause any Chinese person to
find reasonable security for
appear MUMn~
c`volve '1ont11g
~~4a'~ earance ii any Court for any purpose, and at any tithe within
twelve months,
Ord. 8 of
~s5s, see, 21J
~~;~,~ex,~. ~dau~acation to, that effect shah be made in open Court, and
reported forth-
,le, ,C~vernor.;` and such, Chinese not finding; such security shall be
deemed a
~o~i3dargero~us toahe peace of the Colony, and be liable to banishment
under section
4 of -tla:rs 0-Ldina~nce = -- . -- s ~, ,
4. The Glbve>~nnz~ 3n yCounel may, by order, prohibit any person not
being a,
natural horn or- naE'uralize<l subject a H er Majesty from residing or
being within this
Colony during aiy.-space-of time not exeeeding fire years, and ma,y by
the 'same or any
subsequent order, fix the.time for the departure of such person from the
Colony.
ORDINANCE No. 12 OF 1881.
Banic7cment and Conditional Pardons.
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 tune 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 time fixed for his 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, vi`ith or without hard labour,
for any period
not exceeding one- year: 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, instead of committing the
prisoner for
trial at the Supreme Court.
$, The Governor may in his discretion grant to any offender convicted of
any
crime a pardon subject to either of the following conditions, as the
cai.se may he, viz.:-
`That such offender shall quit the Colony and eat afterwards h'e found-at
largo therein;
or that such offender shall, in lieu of a sentence of death which may
have been passed
upon or recorded against hire by airy Court of competent jurisdic;tiao,
suffer such term
of imprisonment, with or without hard labour, Or 1°renal servitude, as
the Croverrror may
think -fit..
Penalty for
disobedience to
au violation of
UI'(iCr Uf 11aII1Vi1-
In! II$..
(,Yee Ord. 4 of'
1871, see. 3.1
(itVE.t'itUt into,
gniat pardon
Subject to
conditions of
offenders leaving
the Colony.
[See Ord. I of
1$Gll, we. 1.] .
.7. If any offender to whom a pardon has been granted either before or
after the Breach of
Ctmciitiona
pasEln; of this Ordinance, on the, condition of hip quitting the Colony,
be afterwards nal'a'I.
1ouncl at.large thereiriswithout. lawful uauth,ority or eicuse, 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 cotaditional pardon, and shall,
on wnvietion,
be liable; to any sentence not exceediab the whole'o'£ his original or
commuted senten,ce,
such sentence to commence from the date at whicY3ae 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 hinr to gaol to
undergo any
sentence not exceeding the whole- of ~ his original or commuted sentence,
instead of
committing him' for trial at the Supreme Court.
$. If. it appears fit to the Governor in Council, the Governor 4n Council
may issue
a new order of banishment against any, person who has been convicted of
ail offence
.against section 5 of this Ordinance, and such order shall commence to
take effect during
or at tire expiration of any term of imprisonment to which the prisoner
has been sen.
tenced. .
9. if it appears fit to the Governor in Council, the Governor in Council
may issue
an order of banishment against any person who has been convicted of an
offence against
secio>n ,7 of this Ordinance, and such order shall commence to take
effect during or at
the expiration of any term of imprisonment to which the prisoner has
been_sentenced.
10. Any person who' knowingly harbours or conceals in tire Colony of
Hongkong,
am person whose banishment has been ordered, shall, on conviction thereof
before a
k!°iyolicsr way be
banished again.
UOrd. 4 n'
Z I, see. 4 It
ink after
('.017(11tIQIkaI
pardon and
bitlaishlnent nlriy
be again
1>flII19rled.
Ordinance No. 12 of 1881.
Banishment and Conditional Pardons.
Magistrate, be liable to a fine not exceeding fifty dollars, or in
default of payment, to
be imprisoned, with or without hard labour, for any term not exceeding
sip months.
21. The following enactments are hereby repealed, viz.:-
Ordinance 14 of 184,-Section 2, sub-section 17, from the words ' shall
bed,' to
the words 'alms or,' inclusive.
9 of 18'7,-All sections not previously repealed.
8 of 1858,-Section 21 and section 28, sub-section 9, from the words
- ' and be deported' to ' shall so decide.'
1 of 1860,-The whole.
9 of 1867,-Section 17.
16 of 1870,
4 of 1871, The whole.,
5 of 1871,
Provided that such repeal shall not affect the past operation of any
such. enactment or
anything done or suffered thereunder.
12. This Ordinance shall not come into operation until Her Majesty's
confirma-
tion thereof is proclaimed by the Governor.
[Confirmation never proclaimed: Repealed by Ordinance No. 4 of 1887, and see
Ordinance No. 8 of 1882.]
1592
Title.
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.]
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
1593
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.
Breach of conditional pardon.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
1594
Repeal.
Suspending clause.
Abstract
1592
Title.
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.]
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
1593
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.
Breach of conditional pardon.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
1594
Repeal.
Suspending clause.
Title.
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.]
Power to banish for five years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
1593
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.
Breach of conditional pardon.
Prisoner may be banished again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon and banishment may be again banished.
1594
Repeal.
Suspending clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/399
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 12 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/399.
