SUPPRESSION OF DESERTION ORDINANCE, 1852

SUPPRESSION OF DESERTION ORDINANCE, 1852

ORINANCE No. 1 OF 1852

Suppression of Desertion

AN ORINANCE to increase in certain case the Powers of Magistrates
as regards Publicans Boarding-house Keepers, and
others, with the view suppressing Desertion in Her Majesty's
Foreces, Naval and Military within the Colony.

[18th May, 1852.] WHEREAS the offence of desertion in Her Majesty's Forces, Naval
and Military serving in this Colony has of late considerably
increased; and whereas such offence has heretofore had inception in, and
facility of commission from, public and boarding houses and other places:

Be it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Suppression of Desertion
Ordinance, 1852.

2. For the purposes of this Ordinance, the word 'Sailor' shall be
deemed to extend to every person serving for the time being in any ship
then under the order of the Commander-in-(hief of Her Majest's
Naval Forces in the East Indies and China Seas.

3. Any publican or keeper of a boarding-house or any other person
whosoever, who,
(1.) by words or by any other means whatsoever, directly or indirectly
procures any soldier, sailor, or marine to desert; or,
(2.) by words or by any other means whatsover, attempts to procure
or persuade any soldier, sailor, or marine to desert; or,
(3.) knowing that any soldier,sailor, or marine is about to desert,
aids or assists him in deserting; or,
(4.) knowing any soldier, sailor,or marine to be a deserter, conceals
such deserter, or aids or assists such deserter in concealing him
shall be deemed guilty of a misdemeanor, and shall, on conviction
thereof in a summary manner before a Magistrate, be liable for every
such offence to a penalty not excceding one thousand dollars.

4. A portion not excceding one-half of every such penalty shall be
payable to the person or persons by whose information or cvidence the
conviction of such offender is made.

5. Any publican or keeper of a boarding-house who is convicted
of any one or more of the above-mentioned offences shall, in addition to
the penalty above provided, forthwith forfeit any licence or licences then
held by him as a publiean or boarding-house keeper in the Colony,
and he shall be and is hereby declared incapable of holding thereafter
any licence as such publican or boarding-house keeper within the Colony.

6. Nothing in this Ordinance shall prevent any Magistrate acting
under this Ordinance from sending any case arising out of any of the
said offences for trial at the Supreme Court, which in the exercise of his
discretion he may consider should be investigated there. A.D. 1852. Ordinance No. 2 of 1852. Short title. Interpretation of term. Penalty on publican, boardinghouse keeper, or other person including soldier, sailor, or marine to desert, etc. Portion of penalty payable to informer. Forfeiture of licence of publican, etc., convicted under the Ordinance. Saving of right to refer case for trial at Supreme Court.

A.D. 1852. Ordinance No. 2 of 1852. Short title. Interpretation of term. Penalty on publican, boardinghouse keeper, or other person including soldier, sailor, or marine to desert, etc. Portion of penalty payable to informer. Forfeiture of licence of publican, etc., convicted under the Ordinance. Saving of right to refer case for trial at Supreme Court.

https://oelawhk.lib.hku.hk/items/show/549

1901

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