BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1882

BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1882

No. 8 of 1882

An Ordinance entitled The Banishment and.Conditional Pardons
Ordinance, 1882.

[1st March, 1882.]


Be it enacted by the Governor of Hongkong,

B ~:ory, witithe advice of >tie,

Legislative Council thereof, as follows: -

1~ In the construction of this Ordinance, the exprc.'ion 'oraer,/ of `
r,.~A
.~_
'banishment ' means an order of the Governor in Council, prohibit
' ' i'°I'~ clause.

person from residing or being within this C'.aloDy, for a term not exet

five years.
ztpren~
twelve

ORDINANCE No. 7 S OF'; '1 W2;

Banishment and Conditional :Pardons.

2. When any person-not being awatural born or naturalized subject
of Her Majesty having been convicted of 'any offence punishable by
imprisonment has within twelve months after the expiration of any term
of imprisonment which he may have suffered for such offence beef
convicted of any offence punishable by imprisonment such person may at
any time be required by any Magistrate to find reasonable security for
his appearance in arid- Court for any purpose, and at any tune within
twelve months, and every. adjudication to that effect shall ,be made in
open Court, and reported forthwith to the Governor; and such person not

finding such, security shall be deemed a person dangerous to tile peace of
the Colony.

Power .~ to -$, The Governor in Council may, by order, prohibit apy person
not,
ba.7,11fih for 1'n`? being a natural born or naturalized subject of Her
Majesty from residing
or being within this Colony during any space of time riot exceeding five
gears, and may by the same or any subsequent, order, fix the time for
x the deharturC of such person from the Colon. Every or4er made under
tbis -section prohibiting any person franl resiaizy or beitio within this

. Co1onv shill contain a statement- of :the grounds upon which it. is
made.

['ended,hy Ordinance No. -4 1,885,.]

~~ .4: .very, person who ha .s peen prohibited `by- order of the Governor
,a ' Council from residing or~ being within this . Colony for any space of

~e ceeding five years under*tbe provisions'of this- or any other

ot X
dance, and who without lawful authority or excuse, tile proof of

~'~<i~ t ~wc~z ~vaj~
~i~,rut petrdon
~u3~_jec't toi

shall Ile. upon, him, is in this Colony after -the date of such order,
the time order,

Axed for his departure; and before the expiration of the
~hi a banishment, shall be guilty= of a misdemeanor, and upon conic-
~~of shall he liable to imprisonment; wit'h~ or without hard labour,

riod not exceeding one year: Provided that in all cases in

.efyprisoner when brouht before a magistrate' nom such charge
ll plead guilty thereto, it shall be lawful for the Maaistrnte to deal
~arily with the case, instead of committing the ~ prisoner for trial at

-;prenle Court.

ki'N
`The Governor nay in his discretion grant ,to any offender', any crime a
pardon subject to either of the following conditions,

~111s \e case may be, viz._: 'that such offender shall ~ quit the Colony
~ and

nci, .,fterwarda he, found at large therein; or that such offender shall,
iz~

-'Aet: olia sentence of death which may have been passed upon hire by any
OL.DIN AN-CE No. 8 ©F .118b .

Banishment and Conditional Pardtws.

Court of competent jurisdictions suffer such term of imprisonment, with
or without hard labour. or penal servitude, as the Governor may think fit,

6, If any offender to whom a pardon has been granted either before
or afcer the passing of this Ordinance, on the condition of his quitting
the Colony, b2 afterwards found at (arse therein without lawful authority
or excuse, the proof whereof shall lie upon him, he shall be guilty of a
felony or of a misdemeanor, acc;orclizy to the nature o£ the offence for
which he received such conditional pardon, and shawl, on conviction, be
liable, to guy sentence not exceedivm the whole of his original or
commuted sentence, such sentence to commence from the date at which:
he is tried and convictYd under this Ordinance: Provided that in all cases
in which the prisoner.when brought before a MIFIgistrzte 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 ~;ao3. to undergo tiny
sentence
not exceeding the while of his original or commuted sentence, instead of
eornmittin~ him for trial at the Supreme Court.

'j. If it appears fit to the Governor iu. Council, the Governor in Power
of
Governor to
Council may issue a, new order of banzshcnenta, against zany person who .
issue nGw
has been convicted o£ ari offence a,g:zinst section 4 of this Ordinance,
and order
such order shall commence to take effect during or at the expiration of
any =

term of imprisonment to which the prisoner has been selitQnce'd.

$. 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 au offence against section 6 of this Ordinance, and such
order shall commence to take effect during or ,Lt the elpira;tim of any

term of imprisonment to which the prisoner has been sentenced.. '

9. Any person who knowingly harbors or conceals in the. Colony
of Honakong, any person whose banishment has been ordered, s'-call, on
conviction thereof before a Magistrate, be liable to. a fine not ezceedima
fifty dollars, or in default of payment; to be imprisoned with or without
hard labour, for any term not exceeding six^montlns.

10. The following enactments are hereby repealed, vii. :-

Ordin.ance 14 of 1.84,---section 2, sub-sectiors 17, from the words
' shall beg,' to , the words ' al mS Or,'
inclusive.

Breach of
conditional
pardom.

Power t.o
banish .for
offence
agaii~st ice. 6..

HarbouriDa*

-
ORDINANCE No. 8 of 1882.

Banishment and Conditional Pardons.

Ordinance 9 of 1857,--All sections, except section 8, not previously
. ,,.
repealed.
8 of 1858,-Section 21 and section 28, sub-section ~.
from the words ' at the discretion' to the
T* Tlbe word words 't.he Court (and)'' inclusive and
`land' already
ermed by 3 from the words ' to his native to the
~f Ib81.
. words 'any other place' inclusive.

1 of 1860,-=-1'he n?1o1e. ~!
9 of 1867,-Section 17.
16 of 1870,

4 of 1871; r The whole. _
5 of 1$ 71~,

Pravi:ded that such repeal-shall not affect the past operation of any such
e~aactment or anything done or suffered thereunder.

11. This Ordinance shall not come into operation until Her Majesty's

`Poplirmation thereof is proclaimed by the G~vernor.~

[Comfirmation proclaimed 7th July, 1882.]


1643

Title.
Interpretation clause.
1644
Security to appear within twelve months.
Power to banish for five years.
Penalty for disobedience of order of banishment.
Governor may grant pardon subject to certain conditions.
1645
Breach of conditional pardon.
Power of Governor to issue new order of banishment.
Power to banish for offence against sec. 6.
Harbouring banished persons.
Repeals. 1646
[*The word 'and' already erased by 3 of 1881.]
Suspending clause.

1643

Title.
Interpretation clause.
1644
Security to appear within twelve months.
Power to banish for five years.
Penalty for disobedience of order of banishment.
Governor may grant pardon subject to certain conditions.
1645
Breach of conditional pardon.
Power of Governor to issue new order of banishment.
Power to banish for offence against sec. 6.
Harbouring banished persons.
Repeals. 1646
[*The word 'and' already erased by 3 of 1881.]
Suspending clause.

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No. 8 of 1882

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