OFFENCES AGAINST THE PERSON ORDINANCE, 1865
Title
OFFENCES AGAINST THE PERSON ORDINANCE, 1865
Description
ORDINANCE NO.2 OF 1865.
Offences against the Person Ordinance, 1865.
AN ORDINANCE to consolidate and amend the laws relating to
offences against the person.
[14th June, 1865.]
BE it enacted by the Governor of Hongkong , with the advice of the
Legislative council thereof , as follows:-
1. this ordinance may be cited as the offences against the Person
Ordinance, 1865.
Homicide .
2. every person who is convicted of murder shall suffer death as a
felon.
3. on every conviction for murder the court shall pronounce sn-
tence of death , and the same may be carried into execution , and all othe r
proceedings upon suhc sentence and in respect thereof may be had and
taken , in the same manner in all respects as sentence of death might
have been pronounced and carried into execution , and all other proceed-
ings thereupon and in respect thereof might have been had and taken .
before the commencement of this ordinance , on a conviction for any other
felony for which the prisoner might have been sentenced to suffer death
as a felon .
4. the body of every person executed for murder shall be buried in
such place as the Governor may order , and the sentence of the court
shall so direct .
5. all persons who within this colony conspire , confederate, and
agree to murder any person , whether he is a subject of Her Majesty or
not and whether he is within Her Majesty's dominions or no t , and
every person who within this colony solicits, encourages , persuades or
endeavours to persuade , or proposes to any person to murder any other
person , whether he is a subject of Her Majesty or not and whether he
is within Her Majesty's dominions or not , shall be guilty of a misde-
meanor , and , being convicted thereof , shall be liable, at the discretion fo
the court ,to imprisonment with hard labour for any term not more than
ten and not less than three years or to imprisonment for any term not
exceeding two years , with or without hard labour.
6. every offence wich , before the commencement of the Act 9
George 4 chapter 31 , entitled ' an act for consolidating and amending
the statutes in England relative to offences against the person ,' would
have amounted according to the law of England to petit treason shall
be dealt with ,indicted , tried , and punished as principals and accessories
in murder .
7. every person who is convicted of manslaughter shall be liable , at
the discretion of the court , to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years , with or wihout hard labour , or to pay such
fine as the court may award , in addition to or without any such other
discretionary punishment as aforesaid .
8. no punishment or forfeiture shall be incurred by any person who
kills another by misfortune, or in his own defence , or in any other man-
ner without felony .
9. where any person being feloniously stricken , poisoned , or other-
wise hurt at any place in this colony dies of such stroke, poisoning , or
hurt upon the sea or at any place out this colony, every offence com-
mitted in respect of any such case , whether the same amounts to the
offence of murder , or of manslaughter , or of being accessory to murder
or manslaughter, may be dealt with , inquired of , tried , determined , and
punished in this colony in which scuh stroke, poisoning , or hurt happens ,
in the same manner in all respects as if such offence had been wholly
committed in this colony.
attempts to murder.
10. every person who-
(1) administer to , or causes to be administered to , or to be taken by
any person any poison or other destructive thing ; or ,
(2) by any means whatsoever , wounds or causes any grievous bodily
harm to any person ,
with intent in any of such cases to commit murder, shall be guilty of
felony , and , being convicted thereof , shall be liable, at the discretion of
the court , to imprisonment with labour for life or for life or for any term
not less than three years or to imprisonment for any term not exceeding
two years , with or without hard labour and with or without solitary
confinement .
11. every person who , by the explosion of gunpowder or any other
explosive substance , destroys or damages any building with intent to
commit murder shall be guilty of felony , and , being convicted thereof,
shall be liable , at the discretion of the court , to imprisonment with hard
labour for life or for any term not less than three years or to imprison-
ment for any term not exceeding two years , with or without hard labour
and wiht or without solitary confinement .
12. every person who-
(1) sets fire to any ship or vessel , or any part thereof , or any part of
the tackle , apparel , or furniture thereof , or any goods or chattels
being therein ; or
(2) casts away or destroys any ship or vessel ,
with intent in any of such cases to commit murder , shall be guilty of
felony, and , being convicted thereof , shall be liable , at the discretion of
the court , to imprisonment with hard labour for life or any term not
less than three years or to imprisonment for any term not exceeding
two years , with or without hard labour and with or without solitary
confinement .
13. every person who-
(1) attempts to adminster to , or attempts to cause to be administered
to or to be taken by , any perosn any poiso or other destructive
thing ; or
(2) shoots at any person ; or
(3) by drawing a trigger or in any other other manner , attempts to dis-
charge any kind of loaded arms at any person ; ro
(4) attempts to drown, suffocate , or strangle any person ,
with intent in any of such cases to commit murder , shall , whether any
bodily injury is effected or not , be guilty of felony , and , being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
will hard labour for life or for any term not less than three years or
to imprisonment for any term not exceeding two years , with or without
hard labour and with or without solitary confinement .
14. every person who , by any means other than those specified in
any of the preceding sections of this ordinance , attempts to commit
murder shall be guilty fo felony , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement .
Letters threatening to Murder .
15. every person who maliciously sends , delivers , or utters , or di-
rectly or indirectly causes to be received , knowing the content thereof ,
any letter or writing threatening to kill or murder any person shall be
guilty of felony, and , being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for any term
not exceeding ten years and not less than three years or to imprisonment
for any term not exceedig two years , with or without hard labour and
with or without solitary confinement , and , if a made under the age of
sixteen years , with or without whipping .
Acts causing or tending to cause danger to life, etc.
16.every person who -
(1) unlawfully and malicious prevents or impedes any person,
being on board of or having quitted any ship or vessel which is
in distress , or wrecked , stranded , or cast on shore , in his endeavour
to save his life ; or
(2) unlawfully and maliciously prevents or impedes any person in
his endeavour to save the life of any such person as in this section
first aforesaid .
shall be guilty of felony, and , being convicted thereof , shall be liable ,
at the discretion of the court , to imprisonment with hard with hard labour for
life or for any term not less three years or to imprisonment for
any term not exceeding two years , with or without hard labour and
with or without solitary confinement .
17. every person who -
(1) unlawfully and maliciously , by any means whatsoever, wounds or
causes any grieveous bodily harm to any person ; or
(2) shoots at any person; or ,
(3) by drawing a trigger or in any other manner , attempts to dis-
charge any kind of loaded arms at any person ,
with intent in any of such cases to maim , desfigure ,o rdisable any per-
son or to do some other grievous bodily apprehension or detainer of any
person , shall be guilty of felony, and , being convicted thereof , shall be
liable , at the discretion of hte court , to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment
for any term not exceeding two years , with or without hard labour and
with or without solitary confinement
18. any gun , pistol , or other arms which is or are loaded in the
barrel with gunpowder or any other explosive substance, and ball, shot ,
slug, or any other destructive material , shall be deemed to be loaded arms
within the meaning of this ordinance , although the attempt to discharge
the same may fail from want of proper priming or from any other cause .
19.every person who unlawfully and maliciously wounds or inflicts
any grievous bodily harm upon any other person , either with or without
any weapon or instrument, shall be guilty of a misdemeanor , and , being
convicted thereof, shall be liable, at the discretion of the court , to im-
prisonment with hard labour for the term of three years or to imprison-
ment for any term not exceeding two years, with or without hard
labour.
20. every person who, -
(1) by any means whatsoever, attempts to choke , suffocate , or strangle
any other person; or ,
(2) by any means calculated to choke, suffocate, or strangle ,attempts
to render any other person insensible ,unconscious , or incapable of
resistance.
with intent in any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases thereby to assist
any other person in committing, any indicatable offence , shall be guilty
of felony,and , being convicted thereof , shall be liable ,at the discretion
of the court , to imprisonment with hard labour for life or for any term
not less than three years to imprisonment for any term not exceeding
two years , with or without hard labour.
21.every person who unlawfully applies or administers to or causes
to be taken by , or attempts to apply or administer to , or attempts to
cause to be administered to or taken by any person any chloroform,
laudnum, pepper , or other stupefying or overpowering drug , matter,
or thing, with intent in any of suhc cases thereby to enable himself or
any other person to commit, or with intent in any of such cases thereby
to assist any other person in committing , any indictable offence , shall be
guilty of felony , and being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for liife ro
for any term not less than three years or to imprisonment for any term
not exceeding two years , with or without hard labour.
22. every person who unlawfully and maliciously administer to , or
causes to be adminstered to or taken by , any other person any poison or
other destructive or noxious thing , so as thereby to endanger the life of
such person or so as thereby to inflict upon such person any grievous
bodily harm , shall be guilty of felony , and , being convicted thereof ,
shall be liable , aaat the discretion of the court , to imprisonment with hard
labour for any term not exceedign ten years and not less than three
years or to imprisonment for any term vot exceeding two years , with or
without hard labour.
23. every person who unlawfully and maliciously administers to , or
causes to be administered to or taken by , any other person any poison
or other destructive or noxious thing, with intent to injure , aggrieve, or
annoy such person , shall be guilty of a misdemeanor , and , being con-
victed thereof , shall be liable , at the discretion of the court , to impri-
sonment with hard labour for the term of three years or to imprison-
ment for any term not exceeding two years , with or without hard labour .
24. if , on the trial of any person for any felony mentioned in section
22, the jury are not satisfied that such person is guilty thereof , but pre-
ceding section , then and in every such case the jury may acquit the
accused of such felony and find him guilty of such mis demeanor , and
thereupon he shall be liable to be punished inn the smae manner as if he
had been convicted on an indictment for such misdemeanor .
25.every person who , -
(1) being legally liable , either as a master or mistress , to provide
for any apprentice or servant necessary food , clothing , or lodging,
wilfully and without lawful excuse refuses or neglects to provide
the same ; or
(2) unlawfully and maliciously does or causes to be done any bodily
harm to any such apprentice or servant,
so that the life of such apprentice or servant is endangered, or the
health of such apprentice or servant has been or is likely to be per-
manently injured , shall be guilty of a misdemeanor n and n being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
with hard labour for the term of three years or to imprisonment for any
term not exceeding two years, with or without hard labour .
26. every person who unlawfully abandons or exposes any child , being
under the age of two years , whereby the life of such child is endangered ,
or the health of such child is or is likely to be permanently injured ,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment with hard labour
for the term of three years or to imprisonment for any term not exceed-
ing two years , with or without hard labour .
27. every person who unlawfully and maliciowsly , by the explosion
of gunpowder or any other explosive substance , burns , maims , disfigures ,
disables, or does any grievous bodily harm to any person shall be guilty
of felony , and ,being convicted thereof , shall be liable ,at he discretion
of the court , to imprisonment with hard labour for life or for any term
not less than three years or to imprisonment with or without solitary con-
finement , and , if a male under the age of sixteen years , with or without
whipping .
28. every person who unlawfully and maliciouly-
(1) causes any gunpowder or other explosive substance to explode;
or
(2) sends or delivers to , or causes to be taken or received by , any
person any explosive substance or any other dangerous or noxious
thing; or
(3) puts or lays at any place, or casts or throws at or upon or other -
wise applied to any person , any corrosive fluid or any destructive
or explosive substance,
with intent in any of such cases to butn, maim , disfigure, or disable any
person or to do some grievous bodily harm to any person , shall , whether
any bodily injury is effected or not , be guilty of felony , and , being con-
victed thereof , shall be liable , at the discretion of the court , to imprison-
ment with hard labour for life or for any term not less than three
years or to imprisonment for any term not exceeding two years ,with
or without hard labour and with or without solitary confinement , and ,
if a made under the age of sixteen years , with or without whipping.
29.every person who unlawfully and maliciouly places or throws in ,
into upon, against , or near any building , ship, or vessel any gunpowder
or other explosive substance, with intent to do any bodily injury to any
person, shall , whether or not any explosion takes place and whether or
not any bodily injury is effected , be guilty of felony , and , being convicted
thereof , shall be liable, at the discretion of the court , to imprisonment
with hard labour for any term nto exceedinng fourteen years and not less
than three years or to imprisonment of any term not exceeding two
years , with or without hared labour and with or without solitary confine-
ment , and , if a male under the age of sixteen years , with or without
whipping .
30.-(1) every person who sets or places , or causes to be set or
placed , any spring gun , may trap, or other engine calculated to destroy
human life or to inflict grievous bodily harm,with intent that the same
or whereby the same may destroy or to inflict grievous bodily harm upon a
trespasser or other person coming in contact thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for the term
of three years or to imprisonmnt for any term not exceeding two years ,
with or without hard labour .
(2) every perosn who knowingly and wilfuly permits any such
spring gun, man trap, or other engine which may have been set or placed
in any place then being in or afterwards coming into his possession or
occupation by some other person to continue so set or placed shall be
deemed to have set and placed such gun, trap, or placed shall be
intent as aforesaid: provided that nothing in this section shall extend to
make it illegal to set or place any gun or trap such as may have been or
may be usually set or placed with the intent of destroying vermin :
peovided , also , that nothing inthis section shall be deemed to make it
unlawful to set ro place or cause to be se tor placed , or to be continued
set ro placed , from sunset or sunrise , any spring gun , man trap, or other
engine which is set or placed , or cause or continred to be set or placed ,
in a dwelling-house , or the protection thereof .
31. every person who, having the charge of any carriage or vehicel ,
by wanton or furiors driving or racing or other wilful misconduct , or by
wilful neglect , does or causes to be done any bodily harm to any person
shall be guilty of a misdemeanor , nd , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour.
Assaults .
32.every person who-
(1) by threats or force , obstructs or prevents , or endeavours to ob-
struct or prevent , any cleryman or other minister in or from cele-
brating Divine Service or otherwise officiating in any church ,
chapel , meeting house , or other place of Divine Worship, or in or
from the performance of his duty in the lawful burial of the dead
in any churchyard or other burial place; or
(2) strikes or offers any violence to , or upon any civil process, or
under the pretence fo executing any civil process , arrests , any
clergyman or other minister who is engaged in , or ,to the know-
ledge of the offender , is about to engage in, any of the rites or
duties in this section aforesaid , or who , to the knowledge of the
offender , is going to perform the same or is returning from the
performance thereof ,
shall be guity of a misdemeanor , and , beign convicted thereof, shall be
liable, at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour.
33. every person who assaults and strikes or wounds any Police Ma-
gistrate, Justice of the Peace, officer , or other person whomsoever lawfully
authorized , in or on account of the exercise of his duty in or concerning
the preservation of any vessel in distress, or of any vessel, goods , or
effects wrecked , stranded , or cast on shore , or lying under water , shall be
guilty of misdemeanor , and , being convicted thereof , shall be liable , at
the discretion of the Court , to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to im-
prisonment for any term not exceeding two years , with or without hard
labour.
34 every who -
(1) assaults any person with intent to commit felony; or
(2) assaults, resists , or wildfully obstructs any constable or police officer
in the due execution of his duty or any person acting in aid of
such officer ; or
(3) assaults any person with intent to resist or prevent the lawful
apprehension or detainer of himself or of any other person for any
offence ,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour .
35.every person who-
(1) beats or uses any violence or threat of violence to any person,
with intent to deter or hinder him from buying, selling, or other-
wise disposing of, or to compel himto buy , sell , or otherwise
dispose of , any violence or other grain, floor, plantains, yams,
sweet potatoes, or other vegetables , or salt in any market or other
place; or
(2) beats or uses any violence or threat to any person having the
care or charge of any corn, rice, or other grain , floor, plantains ,
yans , sweet potatoes, or other vegetables , or suit whilst on the way
to or from any city , town , or other place, with intent to stop the
conveyance of the same,
shall, on conviction thereof before any Police Magistrate, be liable to
imprisonment with hard labour for any term not exceedding three
months: Provided tha no person who is punished for any such offence
by virtue of this section shall be punished for the same offence by virtue
of any other Ordinance.
36. Every person who _
(1) unlawfully and with force hinders or prevents any person from
working at or exercising his lawful reade, business, or occupation ;
or
(2) beats or uses any violence or any threat of violence to any such
person, with intent to hinder or prevent him from working at or
exercising the same,
shall, on conviction thereof before any Police Magistrate, be liable to
imprisonment with hard labour for any term not exceeding three
months: Provided that no perosn who is punished for any such offence
by virtue of this section shall be punished for the same offence by virtue
of any other Ordinance.
37. Every person who, in pursuance of any unlawfully combination or
conspiracy to raise that rate of wages, or of any unlawful combination or
conspiracy respecting any trade, business, or manufacture or respecting
any person concerned or employed therein, unlawfully assaults any
perosn shall be guilty of a misdemeanor, and, being convicte thereof,
shall be liable, at the discreation of the Court, to imprisonment for any
term not exceeding two years, with or without hard labour.
38. When any person is chaged before any Police Magistrate with
an assault or battery upon any male child whose age does not, in the
opinion of the Magistrate, exceed fourteen years, or upon any female,
either on the complaint of the party aggrieved or otherwise, the Ma-
gistrate may proceed to hear and determine the same in a summary
way, and, if the same is proved, may convict the person accused; and
every such offender shall be liable to imprisonment, with or without hard labout, for any term not exceeding six months or to pay a fine not
exceeding (together with costs) the sum of one hundred dollars,which
fine shall be paid to Her Majesty for the use of the Colony, and, if
the Magistrate thinks fit, in any of the said cases, shall be bound to
keep the peace and be of good behaviour for any period not exceeding
six months from the expiration of such sentence.
39. If the Magistrate, on the hearing of any case of assault or battery
upon the merits, where the complaint is preferred by or on behalf of
the party aggrieved, deems the offence not to be proved, or finds the
assault or battery to have been justified or so trifling as not to merit any
punishment, and accordingly disnisses the complatint, he shall forthwith
make out a certificate under his hand stating the fact of such dismissal,
and shall deliver such certificate to the party against whom the com-
plaint was preferred.
40. If any person against whom any such complaint is preferred by
or on behalf of the party aggrieved obtains such certificate of dismissal,
or, having been convicted, pays the whole amount adjudged to be paid,
or suffers the imprisonment or imprisonment with hard labour awarded,
in every such case he shall be released from all further or other pre-
ceedings, civil or criminal, for the same cause.
41. Provided that in case the Magistrate finds the assault or battery
complained of to have been accompanied by any attempt to commit
felony, or is of opinion that the same is, from any other circumstance,
a fit subject for a procecution by indictment, he shall abstain from any
adjudication thereon, and shall deal with the case in all respects in
the same manner as if he had no authority finally to hear and determine
the same: Provided, also, that nothing herein contained shall authorize
any Magistrate to hear and determine any case of assault or battery in
which any question arises as to the title to any lands, tenments, or
hereditaments or any interest therein or accruing therefrom, or as to
any bankruptey or insolvency, or as to any execution under the process
of any Court of Justice.
42. Every person who is convicted on an indietment of any assault
occassioning actual bodily harm shall be liable, at the disctetion of the
Court, to imprisonment with hard labour for the term of three years or
to imprisonment for any term not exceeding two years, with or without
hard labour.
43. Every person who is convicted on an indictment of a common
assault shall be liable, at the disctetion of the Court, to imprisonment
for any term not exceeding one year, with or without hard labour.
44. Every person who, by force, takes away or detains against his
or her will any man or boy, woman or female child, with intent to sell
him or her, or to procure a ransom or benefit for his or her liberation,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the disctetion of the Court, to imprisonment with hard labout for any
term not exveeding fourteen years and not less than three years or to
imprisonment for any term not exveeding two years, with or without
hard lbnour, and in either of such cases with or without solitary confine-
ment.
45. Every person who-
(1) umlawfully,either by force or fraud, leads or takes away, or
decoys or entices away , or detains any child under the age of
fourteen years, with intent to deprive any parent, guardian, or
other person having the lawful card or charge of such child of the
possession of such child, or with intent to steal any article upon
or about the person of such child, to whomsoever such article may
belong; or
(2) with any such intent, receives or hardbours any such child, know-
ing the same to have been, by force or fraud, led, taken, decoyed,
enticed away, or detained as in this section before mentioned,
shall be guilty of felony, and, being convicted thereof, shall be liable,
at the discretion of the Court, to imprisonment with hard labout for
any term not exceeding seven years and not less than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour, and in either of such cases with or without solitary confine-
ment, and, if a male under the age of sixteen years, with or without
whipping: Provided that no person who has claimed any right to the
possession of such child, or is the mother or has claimed to be the father
of an illegitimate child, shall be liable to be prosecuted by virtue hereof
on account of the getting possession of such child or taking such child
out of the possession of any person having the lawful charge thereof.
46. Every person who, being married, marries any other person during
the life of the former husband or wife shall be guilty of felony, and,
being convicted thereof, shall be liable, at the discretion of the Court, to
imprisonment with hard labout for any term not exveeding seven years
and not less then three years or to imprisonment for any term not ex-
ceeding two years, with or without hard lablut: Provided that nothing
in this section shall extend to any person marrying a second time whose
husband or wife has been continually absent from such person for the
fspace of seven years then last past, and has not been known by such
person to be living within that time, or to any perosn who, at the time
of such second marriage, has been divorced from the bond of the first
marriage, or to any person whose former marriage has been declared
void by the sentence of any court of competent jurisdiction.
47. Every woman, being with child, who, with intent to procure her
own miscarriage, unlawfully administers to herself any poison or other
noxious thing, or unlawfully uses any instrument or other means what-
soever with the like intent, and every person who, with intent to procure
the miscarriage of any woman, whether she is or is not with child,
unlawfully administers to or causes to be taken by her any posion or
other noxious thing, or unlawfully uses any instrument or other means
whatsoever with the like intent, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the dissctetion of the Court, to im-
prisonment with hard labout for life or for any term not less than three
years or to imprisonment for any term not exveeding two years, with or
without hard labour and with or without solitary confinement.
48. Every person who unlawfully supplies or procures any poison or
other noxious thing or any instrument or thing whatsoever, knowing that
the same is intended to be unlawfully used or employed with intent to
procure the miscurriage of any woman, whether she is or is not with
child, shall be guilty of a misdemeanor, and, being covicted thereof,
shall be liable, at the disctetion of the Court, to imprisonment with hard
labour for the term of three years or to imprisonment for any term not
exveeding two years, with or without hard labour.
49. If any woman is delivered of a child, every person who, by any
secret disposition of the dead body of the said child, whether such child
died before, at, or after its birth, endeavours to conceal the birth thereof
sshall be guilty of a misdemeanor, and, being convieted thereof, shall be
liable, at the disctetion of the Court, to imprisonment for any term not
exveeding two years, with or without hard labour: Provided that if any
person tried for the murder of any child is acquitted thereof, it shall be
lawful for the jury by whose verdict such perosn is acquitted to find, in
case it so appears in evidence, that the child had recently been born,
and that such perosn did, by some sectet disposition of the dead body of
such child, endeavour to conceal the birth thereof, and thereupon the
50. Every person who is convicted of the abominable crime of
buggery, committed either with mankind or with any animal, shall be
guilty of felony, and shall be liable, at the disctetion of the Court, to
imprisonment with hard labour for life or for any term not less than ten
years.
51. Every person who--
(1) attempts to commit the said abominable crime; or
(2) is guilty of any assault with intent to commit the same, or of any
indecent assault upon any male person.
shall be guilty of a misdemeanor, and, being convicted thereof, shall be
liable, at the discretion of the Court, to imprisonment with hard labour
for any term not exveeding ten years and not less than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour.
52. Every male person who, in pblic or private, commits, or is a
party to the commission of, or procures or atteimpts to procure the
commission by any male person of any act of gross indecency with
another male person shall be guilty of a misdemeanor, and, being
convicted therof, shall be liable to imprisonment for any term not
exceeding two years, with or without hard labour.
53. It shall be no defence to a charge or indictment for an indecent
assault on a male perosn under the age of thirteen to prove that he
consented to the act of indcency.
54. Whenever, on the trial of any offence punishable under this
Ordinance, it is necessary to prove carnal knowledge, it shall not be
necessary to prove the actual emission of sced in order to constitute a
carnal knowledge, but the carnal knowledge shall be deemed complete
on proof of penetration only.
55. Every person who knowingly has in his possession, or makes or
maunfactures, any gunpowder, explosive substance, or dangerous or
noxious thing, or any machine, engine, instrument, or thing, with intent
by means thereof to commit, or for the purpose of enabling any other
person to commit, any of the felonies mentioned in this Ordinance, shall
be guilty of a misdemeanor, and, being convicted thereof, shall be liable,
at the discretion of the Court, to imprisonment for any term not exveed-
ing two years, with or without hard labour and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without whipping.
56.-(1) On reasonable cause assigned upon oath or declaration by
any person that any such gunpowder, or other explosive, dnagerous, or
noxious substance or thing, or any such machine, engine, instrument, or
thing is suspected to be made, kept, ot carried for the purpose of being
used in committing any of the felouies mentioned in the Ordinance, a
Police Magistrate may issue a warrant under his hand and seal for'
searching, in the day-time, any house, mill, magazine, storehouse, ware-
house, shop, cellar, yard, wharf, or other place, or any carriage, wagon,
cart, ship, boat, or vessel, in which the same is suspected to be made,
kept, or carried for such purpose as hereinbefor mentioned: and the
said substances and things shall be brought before a Police magistrate,
and, on proof that the same have been made, kept, or carried for any
of the purposes aforesaid, whether in the presence or absence of the
owner of the said substances and things, a Police Magistrate may declare
the same to be and the same shall be forfeited accordingly.
(2) Every Police Magistrate and person acting in the execution of any
such warrant shall have, for seizing, removing to proper places, and
detaining all such gunpowder, explosive, dangerous, or noxious sub-
tections which are given by any Ordinance for the time being in force
relating to gunpower.
57. Any constable or peace officer may take into custody, without
a warrant, any person whom he finds lying or loitering or being in
any highway, yard, or other place during the night, and whom he has
reasonable cause to suspect of having commited, or being about to com-
mit, or intending to commit any felony or misdemeanor mentioned in this
Ordinance, and shall take such person, as soon as reasonably may be,
before a Police Magistrate, to be dealt with according to law.
58.-(1) In the case of every felony punishable under this Ordinance
every principal in the second degree, and every accessory before the fact,
shall be punishable in the same manner as the principal in the first degree
is by this Ordinance punishable.
(2) Every accessory after the fact to any felony punishable under this
Ordinance (except murder0 shall be liable to imprisonment for any term
not exveeding two years, with or without hard labour.
(3) Every accessory after the fact to any felony punishable under this
Ordinance (except murder) shall be liable to imprisonment for any term
not exceeding two years, with or without hard labour.
(3) Every necessory after the fact to any felony punishable under this
Ordinance (except murder) shall be liable to imprisonment for any term
not exveeding two years, with or without hard labour.
(3) Every accessory after the fact to murder shall be liable, at the
discretion of the Court, to imprisonment with hard labour for life or for
any term not less than three years or to imprisonment for any term not
exveeding two years, with or without hard labour.
(4) Every person who conceals, aids, or abets the commission of any
indictable misdeanor punishable under this Ordinance shall be liable
to be proceeded against, indieted, and punished as a principal offender.
59. Whenever imprisonment, with or without hard labour, may be
awarded for any indictable offence under this Ordinance, the Court may
sentence the offender to be imprisoned or to be imprisoned and kept to
hard labout, and in either case the sentence shall be carried out in
accordance with the provisions of any Ordinacne for the time being in
force relating to prisons.
60. Whenever solitary confinement may be awarded for any indictable
offence under this ordinance, the Couurt may direct the offender to be
kept in solitary confinement for any portion or portion of his imprison-
ment with hard labour or of his imprisonment not exceeding one month
at any one time and not exceeding three months in any one year.
61.Whenever any person is convicted of any indictable misdeneanor
punishable under this Ordinance, the Court may, if it thinks fit, in
addition to or in lieu of any punishment authorized by this Ordinance,
fine the offender, and require him to enter into his own recongizances
and to find sureties, both or either, for keeping the peace and being of
good behavour; and,in case of any felony punishable under this Ordi-
nance otherwise than with death, the Court may,if it thinks fit,require
the offender to enter into his own recognizances and to find sureties,
both or either for keeping the peace in addition to any punishment authorized
by this Ordinance: Provided that no person shall be imprisoned for not finding
sureties under this section for any period exceeding one year.
62.No summary conviction under this Ordinance shall be quashed
for want of form or be removed by certiorari and no warrnt of com-
mitment shall be held void by reason of any defect therein provid it
is therein alleged that the party has been convicted, and there is a good
and valid conviction to sustain the sme.
63.Every offence under this Ordinance made punishable on sum-
mary conviction by a 'Ploice Magistrate shall be prosecuted, tried, and
determined in all respects in the manner directed by any Ordinance for
the time being in force relating to the jurisdiction of Magistrates and
the practice and procedure before them in relation to offences pubish-
able on summary conviction; and all provisions contained in any such
Ordinance shall be applicable to such pro-secutions in the same manner
as if they were incorporated in this Ordinance: Provided that nothing
in this Ordinance shall, in any manner otherwise than as respects the
punishment, alter or affect any enactment now in force relating to procedure
in the case of any offence punishable on summary conviction or
recovery or application of any penalty or forfeiture for any such
offence. A.D. 1865. Ordinance No. 4 of 1865, with Ordinances No. 1 of 1866 s. 5 in pt., No. 3 of 1868 s. 2, and No. 3 of 1901 in pt. Incorporated. See also Ordinance no. 4 of 1897 Part I. Short title. Murder. 24 & 25 Vict. C. 100 s. 1. Sentence for murder. Ib. s. 2. Burial of body of person executed. Ib. s. 3. Conspiring or soliciting to commit murder. Ib. s. 4. Petit treason to be murder. Ib. s. 8. Manslaughter. Ib. s. 5. Excusable homicide. 24 & 25 Vict. C. 100 s. 7. Trial of homicide where cause of death only happens in the Colony. Ib. s. 10. Administering poison or wounding with intent to murder. Ib. s. 11. Destroying or damaging building with intent to murder. Ib. s.12. Setting fire to or casting away ship with intent to murder. Ib. s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict. C. 100 s. 14. Attempting to commit murder by means not specified. Ib. s. 15. Sending letter threatening to murder. Ib. s. 16. Impeding person endeavouring to save himself from ship- wreak. 24 & 25 Vict. C. 100 s. 17. Shooting or attempting to shoot, or wounding or striking, with intent to do grievous bodily harm. Ib. s. 18. Definition of loaded arms. Ib. s. 19. Wounding or inflicting grievous bodily harm. Ib. s. 20. Attempting to choke, etc. in order to commit indictable offence. Ib. s. 21. See Ordinance No. 7 of 1901 s. 3. Using chloroform, etc., in order to commit indictable offence. 24 & 25 Vict. C. 100 s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. Ib. s. 23. Administering poison, etc., with intent to injure, etc. Ib. s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. Ib. s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict. C. 100 s. 26. Exposing child whereby life is endangered. Ib. s. 27. Causing bodily injury by gunpowder, etc. Ib. s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. Ib. s. 29. Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict. C. 100 s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. Ib. s. 31. Driver of carriage, etc., injuring person by furious driving. Ib. s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict. C. 100 s. 36. Assaulting Magistrate, etc., on account of his preserving wreck. Ib. s. 37. Assault with intent to commit felony, or on peace officer, etc. Ib. s. 38. Assault with intent to obstruct sale of grain or its free passage. 24 & 25 Vict. C. 100 s. 39. Assault on person with intent to hinder him in working. Ib. s. 40. Assault arising from combination repenting wages or trade. Ib. s. 41. Assault on boy under fourteen years of age or on female. Ib. s. 43. Certificate of dismissal of complaint. 24 & 25 Vict. C. 100 s. 44. Certificate of conviction to bar any other proceeding. Ib. s. 45. Exceptions for attempt to commit felony, etc., and for question to title. Ib. s. 46. Assault occasioning actual bodily harm. Ib. s. 47. Common assault. Ib. Forcible taking or detention of person, with intent to sell him, etc. Stealing child under 14 years. 24 & 25 Vict. C. 100 s. 56. Bigamy. Ib. s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100 s. 58. Procuring drug, etc., with intent to cause abortion. Ib. s. 59. Concealing birth of child. Ib. s. 60. Sodomy and bestiality. 24 & 25 Vict. C. 100 s. 61. Attempt to commit unnatural offence. Ib. s. 62. Act of gross indecency by male with male. 48 & 49 Vict. C. 69 s. 11. Consent of male person under 13 years. 43 & 44 Vict. C. 45 s. 2. Definition of carnal knowledge. 24 & 25 Vict. c. 100 s. 63. Making or having gunpowder with intent to commit felony against the Ordinance. Ib. s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict. C. 100 s. 65. See Ordinance No. 14 of 1901. Apprehension of person loitering at night and suspected of felony. Ib. s. 66. Punishment of principals in the second degree and accessories. Ib. s. 67. Imprisonment and hard labour. 24 & 25 Vict. C. 100 s. 69. See Ordinance No. 4 of 1899. Duration of solitary confinement. Ib. s. 70. Awarding of fine and sureties for keeping the peace. Ib. s. 71. No summary conviction or warrant to be quashed for want for form. Ib. s. 72. procedure in cases of summary conviction. Ib. s. 76. See Ordinance No. 3 of 1890.
Offences against the Person Ordinance, 1865.
AN ORDINANCE to consolidate and amend the laws relating to
offences against the person.
[14th June, 1865.]
BE it enacted by the Governor of Hongkong , with the advice of the
Legislative council thereof , as follows:-
1. this ordinance may be cited as the offences against the Person
Ordinance, 1865.
Homicide .
2. every person who is convicted of murder shall suffer death as a
felon.
3. on every conviction for murder the court shall pronounce sn-
tence of death , and the same may be carried into execution , and all othe r
proceedings upon suhc sentence and in respect thereof may be had and
taken , in the same manner in all respects as sentence of death might
have been pronounced and carried into execution , and all other proceed-
ings thereupon and in respect thereof might have been had and taken .
before the commencement of this ordinance , on a conviction for any other
felony for which the prisoner might have been sentenced to suffer death
as a felon .
4. the body of every person executed for murder shall be buried in
such place as the Governor may order , and the sentence of the court
shall so direct .
5. all persons who within this colony conspire , confederate, and
agree to murder any person , whether he is a subject of Her Majesty or
not and whether he is within Her Majesty's dominions or no t , and
every person who within this colony solicits, encourages , persuades or
endeavours to persuade , or proposes to any person to murder any other
person , whether he is a subject of Her Majesty or not and whether he
is within Her Majesty's dominions or not , shall be guilty of a misde-
meanor , and , being convicted thereof , shall be liable, at the discretion fo
the court ,to imprisonment with hard labour for any term not more than
ten and not less than three years or to imprisonment for any term not
exceeding two years , with or without hard labour.
6. every offence wich , before the commencement of the Act 9
George 4 chapter 31 , entitled ' an act for consolidating and amending
the statutes in England relative to offences against the person ,' would
have amounted according to the law of England to petit treason shall
be dealt with ,indicted , tried , and punished as principals and accessories
in murder .
7. every person who is convicted of manslaughter shall be liable , at
the discretion of the court , to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years , with or wihout hard labour , or to pay such
fine as the court may award , in addition to or without any such other
discretionary punishment as aforesaid .
8. no punishment or forfeiture shall be incurred by any person who
kills another by misfortune, or in his own defence , or in any other man-
ner without felony .
9. where any person being feloniously stricken , poisoned , or other-
wise hurt at any place in this colony dies of such stroke, poisoning , or
hurt upon the sea or at any place out this colony, every offence com-
mitted in respect of any such case , whether the same amounts to the
offence of murder , or of manslaughter , or of being accessory to murder
or manslaughter, may be dealt with , inquired of , tried , determined , and
punished in this colony in which scuh stroke, poisoning , or hurt happens ,
in the same manner in all respects as if such offence had been wholly
committed in this colony.
attempts to murder.
10. every person who-
(1) administer to , or causes to be administered to , or to be taken by
any person any poison or other destructive thing ; or ,
(2) by any means whatsoever , wounds or causes any grievous bodily
harm to any person ,
with intent in any of such cases to commit murder, shall be guilty of
felony , and , being convicted thereof , shall be liable, at the discretion of
the court , to imprisonment with labour for life or for life or for any term
not less than three years or to imprisonment for any term not exceeding
two years , with or without hard labour and with or without solitary
confinement .
11. every person who , by the explosion of gunpowder or any other
explosive substance , destroys or damages any building with intent to
commit murder shall be guilty of felony , and , being convicted thereof,
shall be liable , at the discretion of the court , to imprisonment with hard
labour for life or for any term not less than three years or to imprison-
ment for any term not exceeding two years , with or without hard labour
and wiht or without solitary confinement .
12. every person who-
(1) sets fire to any ship or vessel , or any part thereof , or any part of
the tackle , apparel , or furniture thereof , or any goods or chattels
being therein ; or
(2) casts away or destroys any ship or vessel ,
with intent in any of such cases to commit murder , shall be guilty of
felony, and , being convicted thereof , shall be liable , at the discretion of
the court , to imprisonment with hard labour for life or any term not
less than three years or to imprisonment for any term not exceeding
two years , with or without hard labour and with or without solitary
confinement .
13. every person who-
(1) attempts to adminster to , or attempts to cause to be administered
to or to be taken by , any perosn any poiso or other destructive
thing ; or
(2) shoots at any person ; or
(3) by drawing a trigger or in any other other manner , attempts to dis-
charge any kind of loaded arms at any person ; ro
(4) attempts to drown, suffocate , or strangle any person ,
with intent in any of such cases to commit murder , shall , whether any
bodily injury is effected or not , be guilty of felony , and , being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
will hard labour for life or for any term not less than three years or
to imprisonment for any term not exceeding two years , with or without
hard labour and with or without solitary confinement .
14. every person who , by any means other than those specified in
any of the preceding sections of this ordinance , attempts to commit
murder shall be guilty fo felony , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement .
Letters threatening to Murder .
15. every person who maliciously sends , delivers , or utters , or di-
rectly or indirectly causes to be received , knowing the content thereof ,
any letter or writing threatening to kill or murder any person shall be
guilty of felony, and , being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for any term
not exceeding ten years and not less than three years or to imprisonment
for any term not exceedig two years , with or without hard labour and
with or without solitary confinement , and , if a made under the age of
sixteen years , with or without whipping .
Acts causing or tending to cause danger to life, etc.
16.every person who -
(1) unlawfully and malicious prevents or impedes any person,
being on board of or having quitted any ship or vessel which is
in distress , or wrecked , stranded , or cast on shore , in his endeavour
to save his life ; or
(2) unlawfully and maliciously prevents or impedes any person in
his endeavour to save the life of any such person as in this section
first aforesaid .
shall be guilty of felony, and , being convicted thereof , shall be liable ,
at the discretion of the court , to imprisonment with hard with hard labour for
life or for any term not less three years or to imprisonment for
any term not exceeding two years , with or without hard labour and
with or without solitary confinement .
17. every person who -
(1) unlawfully and maliciously , by any means whatsoever, wounds or
causes any grieveous bodily harm to any person ; or
(2) shoots at any person; or ,
(3) by drawing a trigger or in any other manner , attempts to dis-
charge any kind of loaded arms at any person ,
with intent in any of such cases to maim , desfigure ,o rdisable any per-
son or to do some other grievous bodily apprehension or detainer of any
person , shall be guilty of felony, and , being convicted thereof , shall be
liable , at the discretion of hte court , to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment
for any term not exceeding two years , with or without hard labour and
with or without solitary confinement
18. any gun , pistol , or other arms which is or are loaded in the
barrel with gunpowder or any other explosive substance, and ball, shot ,
slug, or any other destructive material , shall be deemed to be loaded arms
within the meaning of this ordinance , although the attempt to discharge
the same may fail from want of proper priming or from any other cause .
19.every person who unlawfully and maliciously wounds or inflicts
any grievous bodily harm upon any other person , either with or without
any weapon or instrument, shall be guilty of a misdemeanor , and , being
convicted thereof, shall be liable, at the discretion of the court , to im-
prisonment with hard labour for the term of three years or to imprison-
ment for any term not exceeding two years, with or without hard
labour.
20. every person who, -
(1) by any means whatsoever, attempts to choke , suffocate , or strangle
any other person; or ,
(2) by any means calculated to choke, suffocate, or strangle ,attempts
to render any other person insensible ,unconscious , or incapable of
resistance.
with intent in any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases thereby to assist
any other person in committing, any indicatable offence , shall be guilty
of felony,and , being convicted thereof , shall be liable ,at the discretion
of the court , to imprisonment with hard labour for life or for any term
not less than three years to imprisonment for any term not exceeding
two years , with or without hard labour.
21.every person who unlawfully applies or administers to or causes
to be taken by , or attempts to apply or administer to , or attempts to
cause to be administered to or taken by any person any chloroform,
laudnum, pepper , or other stupefying or overpowering drug , matter,
or thing, with intent in any of suhc cases thereby to enable himself or
any other person to commit, or with intent in any of such cases thereby
to assist any other person in committing , any indictable offence , shall be
guilty of felony , and being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for liife ro
for any term not less than three years or to imprisonment for any term
not exceeding two years , with or without hard labour.
22. every person who unlawfully and maliciously administer to , or
causes to be adminstered to or taken by , any other person any poison or
other destructive or noxious thing , so as thereby to endanger the life of
such person or so as thereby to inflict upon such person any grievous
bodily harm , shall be guilty of felony , and , being convicted thereof ,
shall be liable , aaat the discretion of the court , to imprisonment with hard
labour for any term not exceedign ten years and not less than three
years or to imprisonment for any term vot exceeding two years , with or
without hard labour.
23. every person who unlawfully and maliciously administers to , or
causes to be administered to or taken by , any other person any poison
or other destructive or noxious thing, with intent to injure , aggrieve, or
annoy such person , shall be guilty of a misdemeanor , and , being con-
victed thereof , shall be liable , at the discretion of the court , to impri-
sonment with hard labour for the term of three years or to imprison-
ment for any term not exceeding two years , with or without hard labour .
24. if , on the trial of any person for any felony mentioned in section
22, the jury are not satisfied that such person is guilty thereof , but pre-
ceding section , then and in every such case the jury may acquit the
accused of such felony and find him guilty of such mis demeanor , and
thereupon he shall be liable to be punished inn the smae manner as if he
had been convicted on an indictment for such misdemeanor .
25.every person who , -
(1) being legally liable , either as a master or mistress , to provide
for any apprentice or servant necessary food , clothing , or lodging,
wilfully and without lawful excuse refuses or neglects to provide
the same ; or
(2) unlawfully and maliciously does or causes to be done any bodily
harm to any such apprentice or servant,
so that the life of such apprentice or servant is endangered, or the
health of such apprentice or servant has been or is likely to be per-
manently injured , shall be guilty of a misdemeanor n and n being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
with hard labour for the term of three years or to imprisonment for any
term not exceeding two years, with or without hard labour .
26. every person who unlawfully abandons or exposes any child , being
under the age of two years , whereby the life of such child is endangered ,
or the health of such child is or is likely to be permanently injured ,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment with hard labour
for the term of three years or to imprisonment for any term not exceed-
ing two years , with or without hard labour .
27. every person who unlawfully and maliciowsly , by the explosion
of gunpowder or any other explosive substance , burns , maims , disfigures ,
disables, or does any grievous bodily harm to any person shall be guilty
of felony , and ,being convicted thereof , shall be liable ,at he discretion
of the court , to imprisonment with hard labour for life or for any term
not less than three years or to imprisonment with or without solitary con-
finement , and , if a male under the age of sixteen years , with or without
whipping .
28. every person who unlawfully and maliciouly-
(1) causes any gunpowder or other explosive substance to explode;
or
(2) sends or delivers to , or causes to be taken or received by , any
person any explosive substance or any other dangerous or noxious
thing; or
(3) puts or lays at any place, or casts or throws at or upon or other -
wise applied to any person , any corrosive fluid or any destructive
or explosive substance,
with intent in any of such cases to butn, maim , disfigure, or disable any
person or to do some grievous bodily harm to any person , shall , whether
any bodily injury is effected or not , be guilty of felony , and , being con-
victed thereof , shall be liable , at the discretion of the court , to imprison-
ment with hard labour for life or for any term not less than three
years or to imprisonment for any term not exceeding two years ,with
or without hard labour and with or without solitary confinement , and ,
if a made under the age of sixteen years , with or without whipping.
29.every person who unlawfully and maliciouly places or throws in ,
into upon, against , or near any building , ship, or vessel any gunpowder
or other explosive substance, with intent to do any bodily injury to any
person, shall , whether or not any explosion takes place and whether or
not any bodily injury is effected , be guilty of felony , and , being convicted
thereof , shall be liable, at the discretion of the court , to imprisonment
with hard labour for any term nto exceedinng fourteen years and not less
than three years or to imprisonment of any term not exceeding two
years , with or without hared labour and with or without solitary confine-
ment , and , if a male under the age of sixteen years , with or without
whipping .
30.-(1) every person who sets or places , or causes to be set or
placed , any spring gun , may trap, or other engine calculated to destroy
human life or to inflict grievous bodily harm,with intent that the same
or whereby the same may destroy or to inflict grievous bodily harm upon a
trespasser or other person coming in contact thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for the term
of three years or to imprisonmnt for any term not exceeding two years ,
with or without hard labour .
(2) every perosn who knowingly and wilfuly permits any such
spring gun, man trap, or other engine which may have been set or placed
in any place then being in or afterwards coming into his possession or
occupation by some other person to continue so set or placed shall be
deemed to have set and placed such gun, trap, or placed shall be
intent as aforesaid: provided that nothing in this section shall extend to
make it illegal to set or place any gun or trap such as may have been or
may be usually set or placed with the intent of destroying vermin :
peovided , also , that nothing inthis section shall be deemed to make it
unlawful to set ro place or cause to be se tor placed , or to be continued
set ro placed , from sunset or sunrise , any spring gun , man trap, or other
engine which is set or placed , or cause or continred to be set or placed ,
in a dwelling-house , or the protection thereof .
31. every person who, having the charge of any carriage or vehicel ,
by wanton or furiors driving or racing or other wilful misconduct , or by
wilful neglect , does or causes to be done any bodily harm to any person
shall be guilty of a misdemeanor , nd , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour.
Assaults .
32.every person who-
(1) by threats or force , obstructs or prevents , or endeavours to ob-
struct or prevent , any cleryman or other minister in or from cele-
brating Divine Service or otherwise officiating in any church ,
chapel , meeting house , or other place of Divine Worship, or in or
from the performance of his duty in the lawful burial of the dead
in any churchyard or other burial place; or
(2) strikes or offers any violence to , or upon any civil process, or
under the pretence fo executing any civil process , arrests , any
clergyman or other minister who is engaged in , or ,to the know-
ledge of the offender , is about to engage in, any of the rites or
duties in this section aforesaid , or who , to the knowledge of the
offender , is going to perform the same or is returning from the
performance thereof ,
shall be guity of a misdemeanor , and , beign convicted thereof, shall be
liable, at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour.
33. every person who assaults and strikes or wounds any Police Ma-
gistrate, Justice of the Peace, officer , or other person whomsoever lawfully
authorized , in or on account of the exercise of his duty in or concerning
the preservation of any vessel in distress, or of any vessel, goods , or
effects wrecked , stranded , or cast on shore , or lying under water , shall be
guilty of misdemeanor , and , being convicted thereof , shall be liable , at
the discretion of the Court , to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to im-
prisonment for any term not exceeding two years , with or without hard
labour.
34 every who -
(1) assaults any person with intent to commit felony; or
(2) assaults, resists , or wildfully obstructs any constable or police officer
in the due execution of his duty or any person acting in aid of
such officer ; or
(3) assaults any person with intent to resist or prevent the lawful
apprehension or detainer of himself or of any other person for any
offence ,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour .
35.every person who-
(1) beats or uses any violence or threat of violence to any person,
with intent to deter or hinder him from buying, selling, or other-
wise disposing of, or to compel himto buy , sell , or otherwise
dispose of , any violence or other grain, floor, plantains, yams,
sweet potatoes, or other vegetables , or salt in any market or other
place; or
(2) beats or uses any violence or threat to any person having the
care or charge of any corn, rice, or other grain , floor, plantains ,
yans , sweet potatoes, or other vegetables , or suit whilst on the way
to or from any city , town , or other place, with intent to stop the
conveyance of the same,
shall, on conviction thereof before any Police Magistrate, be liable to
imprisonment with hard labour for any term not exceedding three
months: Provided tha no person who is punished for any such offence
by virtue of this section shall be punished for the same offence by virtue
of any other Ordinance.
36. Every person who _
(1) unlawfully and with force hinders or prevents any person from
working at or exercising his lawful reade, business, or occupation ;
or
(2) beats or uses any violence or any threat of violence to any such
person, with intent to hinder or prevent him from working at or
exercising the same,
shall, on conviction thereof before any Police Magistrate, be liable to
imprisonment with hard labour for any term not exceeding three
months: Provided that no perosn who is punished for any such offence
by virtue of this section shall be punished for the same offence by virtue
of any other Ordinance.
37. Every person who, in pursuance of any unlawfully combination or
conspiracy to raise that rate of wages, or of any unlawful combination or
conspiracy respecting any trade, business, or manufacture or respecting
any person concerned or employed therein, unlawfully assaults any
perosn shall be guilty of a misdemeanor, and, being convicte thereof,
shall be liable, at the discreation of the Court, to imprisonment for any
term not exceeding two years, with or without hard labour.
38. When any person is chaged before any Police Magistrate with
an assault or battery upon any male child whose age does not, in the
opinion of the Magistrate, exceed fourteen years, or upon any female,
either on the complaint of the party aggrieved or otherwise, the Ma-
gistrate may proceed to hear and determine the same in a summary
way, and, if the same is proved, may convict the person accused; and
every such offender shall be liable to imprisonment, with or without hard labout, for any term not exceeding six months or to pay a fine not
exceeding (together with costs) the sum of one hundred dollars,which
fine shall be paid to Her Majesty for the use of the Colony, and, if
the Magistrate thinks fit, in any of the said cases, shall be bound to
keep the peace and be of good behaviour for any period not exceeding
six months from the expiration of such sentence.
39. If the Magistrate, on the hearing of any case of assault or battery
upon the merits, where the complaint is preferred by or on behalf of
the party aggrieved, deems the offence not to be proved, or finds the
assault or battery to have been justified or so trifling as not to merit any
punishment, and accordingly disnisses the complatint, he shall forthwith
make out a certificate under his hand stating the fact of such dismissal,
and shall deliver such certificate to the party against whom the com-
plaint was preferred.
40. If any person against whom any such complaint is preferred by
or on behalf of the party aggrieved obtains such certificate of dismissal,
or, having been convicted, pays the whole amount adjudged to be paid,
or suffers the imprisonment or imprisonment with hard labour awarded,
in every such case he shall be released from all further or other pre-
ceedings, civil or criminal, for the same cause.
41. Provided that in case the Magistrate finds the assault or battery
complained of to have been accompanied by any attempt to commit
felony, or is of opinion that the same is, from any other circumstance,
a fit subject for a procecution by indictment, he shall abstain from any
adjudication thereon, and shall deal with the case in all respects in
the same manner as if he had no authority finally to hear and determine
the same: Provided, also, that nothing herein contained shall authorize
any Magistrate to hear and determine any case of assault or battery in
which any question arises as to the title to any lands, tenments, or
hereditaments or any interest therein or accruing therefrom, or as to
any bankruptey or insolvency, or as to any execution under the process
of any Court of Justice.
42. Every person who is convicted on an indietment of any assault
occassioning actual bodily harm shall be liable, at the disctetion of the
Court, to imprisonment with hard labour for the term of three years or
to imprisonment for any term not exceeding two years, with or without
hard labour.
43. Every person who is convicted on an indictment of a common
assault shall be liable, at the disctetion of the Court, to imprisonment
for any term not exceeding one year, with or without hard labour.
44. Every person who, by force, takes away or detains against his
or her will any man or boy, woman or female child, with intent to sell
him or her, or to procure a ransom or benefit for his or her liberation,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the disctetion of the Court, to imprisonment with hard labout for any
term not exveeding fourteen years and not less than three years or to
imprisonment for any term not exveeding two years, with or without
hard lbnour, and in either of such cases with or without solitary confine-
ment.
45. Every person who-
(1) umlawfully,either by force or fraud, leads or takes away, or
decoys or entices away , or detains any child under the age of
fourteen years, with intent to deprive any parent, guardian, or
other person having the lawful card or charge of such child of the
possession of such child, or with intent to steal any article upon
or about the person of such child, to whomsoever such article may
belong; or
(2) with any such intent, receives or hardbours any such child, know-
ing the same to have been, by force or fraud, led, taken, decoyed,
enticed away, or detained as in this section before mentioned,
shall be guilty of felony, and, being convicted thereof, shall be liable,
at the discretion of the Court, to imprisonment with hard labout for
any term not exceeding seven years and not less than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour, and in either of such cases with or without solitary confine-
ment, and, if a male under the age of sixteen years, with or without
whipping: Provided that no person who has claimed any right to the
possession of such child, or is the mother or has claimed to be the father
of an illegitimate child, shall be liable to be prosecuted by virtue hereof
on account of the getting possession of such child or taking such child
out of the possession of any person having the lawful charge thereof.
46. Every person who, being married, marries any other person during
the life of the former husband or wife shall be guilty of felony, and,
being convicted thereof, shall be liable, at the discretion of the Court, to
imprisonment with hard labout for any term not exveeding seven years
and not less then three years or to imprisonment for any term not ex-
ceeding two years, with or without hard lablut: Provided that nothing
in this section shall extend to any person marrying a second time whose
husband or wife has been continually absent from such person for the
fspace of seven years then last past, and has not been known by such
person to be living within that time, or to any perosn who, at the time
of such second marriage, has been divorced from the bond of the first
marriage, or to any person whose former marriage has been declared
void by the sentence of any court of competent jurisdiction.
47. Every woman, being with child, who, with intent to procure her
own miscarriage, unlawfully administers to herself any poison or other
noxious thing, or unlawfully uses any instrument or other means what-
soever with the like intent, and every person who, with intent to procure
the miscarriage of any woman, whether she is or is not with child,
unlawfully administers to or causes to be taken by her any posion or
other noxious thing, or unlawfully uses any instrument or other means
whatsoever with the like intent, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the dissctetion of the Court, to im-
prisonment with hard labout for life or for any term not less than three
years or to imprisonment for any term not exveeding two years, with or
without hard labour and with or without solitary confinement.
48. Every person who unlawfully supplies or procures any poison or
other noxious thing or any instrument or thing whatsoever, knowing that
the same is intended to be unlawfully used or employed with intent to
procure the miscurriage of any woman, whether she is or is not with
child, shall be guilty of a misdemeanor, and, being covicted thereof,
shall be liable, at the disctetion of the Court, to imprisonment with hard
labour for the term of three years or to imprisonment for any term not
exveeding two years, with or without hard labour.
49. If any woman is delivered of a child, every person who, by any
secret disposition of the dead body of the said child, whether such child
died before, at, or after its birth, endeavours to conceal the birth thereof
sshall be guilty of a misdemeanor, and, being convieted thereof, shall be
liable, at the disctetion of the Court, to imprisonment for any term not
exveeding two years, with or without hard labour: Provided that if any
person tried for the murder of any child is acquitted thereof, it shall be
lawful for the jury by whose verdict such perosn is acquitted to find, in
case it so appears in evidence, that the child had recently been born,
and that such perosn did, by some sectet disposition of the dead body of
such child, endeavour to conceal the birth thereof, and thereupon the
50. Every person who is convicted of the abominable crime of
buggery, committed either with mankind or with any animal, shall be
guilty of felony, and shall be liable, at the disctetion of the Court, to
imprisonment with hard labour for life or for any term not less than ten
years.
51. Every person who--
(1) attempts to commit the said abominable crime; or
(2) is guilty of any assault with intent to commit the same, or of any
indecent assault upon any male person.
shall be guilty of a misdemeanor, and, being convicted thereof, shall be
liable, at the discretion of the Court, to imprisonment with hard labour
for any term not exveeding ten years and not less than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour.
52. Every male person who, in pblic or private, commits, or is a
party to the commission of, or procures or atteimpts to procure the
commission by any male person of any act of gross indecency with
another male person shall be guilty of a misdemeanor, and, being
convicted therof, shall be liable to imprisonment for any term not
exceeding two years, with or without hard labour.
53. It shall be no defence to a charge or indictment for an indecent
assault on a male perosn under the age of thirteen to prove that he
consented to the act of indcency.
54. Whenever, on the trial of any offence punishable under this
Ordinance, it is necessary to prove carnal knowledge, it shall not be
necessary to prove the actual emission of sced in order to constitute a
carnal knowledge, but the carnal knowledge shall be deemed complete
on proof of penetration only.
55. Every person who knowingly has in his possession, or makes or
maunfactures, any gunpowder, explosive substance, or dangerous or
noxious thing, or any machine, engine, instrument, or thing, with intent
by means thereof to commit, or for the purpose of enabling any other
person to commit, any of the felonies mentioned in this Ordinance, shall
be guilty of a misdemeanor, and, being convicted thereof, shall be liable,
at the discretion of the Court, to imprisonment for any term not exveed-
ing two years, with or without hard labour and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without whipping.
56.-(1) On reasonable cause assigned upon oath or declaration by
any person that any such gunpowder, or other explosive, dnagerous, or
noxious substance or thing, or any such machine, engine, instrument, or
thing is suspected to be made, kept, ot carried for the purpose of being
used in committing any of the felouies mentioned in the Ordinance, a
Police Magistrate may issue a warrant under his hand and seal for'
searching, in the day-time, any house, mill, magazine, storehouse, ware-
house, shop, cellar, yard, wharf, or other place, or any carriage, wagon,
cart, ship, boat, or vessel, in which the same is suspected to be made,
kept, or carried for such purpose as hereinbefor mentioned: and the
said substances and things shall be brought before a Police magistrate,
and, on proof that the same have been made, kept, or carried for any
of the purposes aforesaid, whether in the presence or absence of the
owner of the said substances and things, a Police Magistrate may declare
the same to be and the same shall be forfeited accordingly.
(2) Every Police Magistrate and person acting in the execution of any
such warrant shall have, for seizing, removing to proper places, and
detaining all such gunpowder, explosive, dangerous, or noxious sub-
tections which are given by any Ordinance for the time being in force
relating to gunpower.
57. Any constable or peace officer may take into custody, without
a warrant, any person whom he finds lying or loitering or being in
any highway, yard, or other place during the night, and whom he has
reasonable cause to suspect of having commited, or being about to com-
mit, or intending to commit any felony or misdemeanor mentioned in this
Ordinance, and shall take such person, as soon as reasonably may be,
before a Police Magistrate, to be dealt with according to law.
58.-(1) In the case of every felony punishable under this Ordinance
every principal in the second degree, and every accessory before the fact,
shall be punishable in the same manner as the principal in the first degree
is by this Ordinance punishable.
(2) Every accessory after the fact to any felony punishable under this
Ordinance (except murder0 shall be liable to imprisonment for any term
not exveeding two years, with or without hard labour.
(3) Every accessory after the fact to any felony punishable under this
Ordinance (except murder) shall be liable to imprisonment for any term
not exceeding two years, with or without hard labour.
(3) Every necessory after the fact to any felony punishable under this
Ordinance (except murder) shall be liable to imprisonment for any term
not exveeding two years, with or without hard labour.
(3) Every accessory after the fact to murder shall be liable, at the
discretion of the Court, to imprisonment with hard labour for life or for
any term not less than three years or to imprisonment for any term not
exveeding two years, with or without hard labour.
(4) Every person who conceals, aids, or abets the commission of any
indictable misdeanor punishable under this Ordinance shall be liable
to be proceeded against, indieted, and punished as a principal offender.
59. Whenever imprisonment, with or without hard labour, may be
awarded for any indictable offence under this Ordinance, the Court may
sentence the offender to be imprisoned or to be imprisoned and kept to
hard labout, and in either case the sentence shall be carried out in
accordance with the provisions of any Ordinacne for the time being in
force relating to prisons.
60. Whenever solitary confinement may be awarded for any indictable
offence under this ordinance, the Couurt may direct the offender to be
kept in solitary confinement for any portion or portion of his imprison-
ment with hard labour or of his imprisonment not exceeding one month
at any one time and not exceeding three months in any one year.
61.Whenever any person is convicted of any indictable misdeneanor
punishable under this Ordinance, the Court may, if it thinks fit, in
addition to or in lieu of any punishment authorized by this Ordinance,
fine the offender, and require him to enter into his own recongizances
and to find sureties, both or either, for keeping the peace and being of
good behavour; and,in case of any felony punishable under this Ordi-
nance otherwise than with death, the Court may,if it thinks fit,require
the offender to enter into his own recognizances and to find sureties,
both or either for keeping the peace in addition to any punishment authorized
by this Ordinance: Provided that no person shall be imprisoned for not finding
sureties under this section for any period exceeding one year.
62.No summary conviction under this Ordinance shall be quashed
for want of form or be removed by certiorari and no warrnt of com-
mitment shall be held void by reason of any defect therein provid it
is therein alleged that the party has been convicted, and there is a good
and valid conviction to sustain the sme.
63.Every offence under this Ordinance made punishable on sum-
mary conviction by a 'Ploice Magistrate shall be prosecuted, tried, and
determined in all respects in the manner directed by any Ordinance for
the time being in force relating to the jurisdiction of Magistrates and
the practice and procedure before them in relation to offences pubish-
able on summary conviction; and all provisions contained in any such
Ordinance shall be applicable to such pro-secutions in the same manner
as if they were incorporated in this Ordinance: Provided that nothing
in this Ordinance shall, in any manner otherwise than as respects the
punishment, alter or affect any enactment now in force relating to procedure
in the case of any offence punishable on summary conviction or
recovery or application of any penalty or forfeiture for any such
offence. A.D. 1865. Ordinance No. 4 of 1865, with Ordinances No. 1 of 1866 s. 5 in pt., No. 3 of 1868 s. 2, and No. 3 of 1901 in pt. Incorporated. See also Ordinance no. 4 of 1897 Part I. Short title. Murder. 24 & 25 Vict. C. 100 s. 1. Sentence for murder. Ib. s. 2. Burial of body of person executed. Ib. s. 3. Conspiring or soliciting to commit murder. Ib. s. 4. Petit treason to be murder. Ib. s. 8. Manslaughter. Ib. s. 5. Excusable homicide. 24 & 25 Vict. C. 100 s. 7. Trial of homicide where cause of death only happens in the Colony. Ib. s. 10. Administering poison or wounding with intent to murder. Ib. s. 11. Destroying or damaging building with intent to murder. Ib. s.12. Setting fire to or casting away ship with intent to murder. Ib. s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict. C. 100 s. 14. Attempting to commit murder by means not specified. Ib. s. 15. Sending letter threatening to murder. Ib. s. 16. Impeding person endeavouring to save himself from ship- wreak. 24 & 25 Vict. C. 100 s. 17. Shooting or attempting to shoot, or wounding or striking, with intent to do grievous bodily harm. Ib. s. 18. Definition of loaded arms. Ib. s. 19. Wounding or inflicting grievous bodily harm. Ib. s. 20. Attempting to choke, etc. in order to commit indictable offence. Ib. s. 21. See Ordinance No. 7 of 1901 s. 3. Using chloroform, etc., in order to commit indictable offence. 24 & 25 Vict. C. 100 s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. Ib. s. 23. Administering poison, etc., with intent to injure, etc. Ib. s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. Ib. s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict. C. 100 s. 26. Exposing child whereby life is endangered. Ib. s. 27. Causing bodily injury by gunpowder, etc. Ib. s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. Ib. s. 29. Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict. C. 100 s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. Ib. s. 31. Driver of carriage, etc., injuring person by furious driving. Ib. s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict. C. 100 s. 36. Assaulting Magistrate, etc., on account of his preserving wreck. Ib. s. 37. Assault with intent to commit felony, or on peace officer, etc. Ib. s. 38. Assault with intent to obstruct sale of grain or its free passage. 24 & 25 Vict. C. 100 s. 39. Assault on person with intent to hinder him in working. Ib. s. 40. Assault arising from combination repenting wages or trade. Ib. s. 41. Assault on boy under fourteen years of age or on female. Ib. s. 43. Certificate of dismissal of complaint. 24 & 25 Vict. C. 100 s. 44. Certificate of conviction to bar any other proceeding. Ib. s. 45. Exceptions for attempt to commit felony, etc., and for question to title. Ib. s. 46. Assault occasioning actual bodily harm. Ib. s. 47. Common assault. Ib. Forcible taking or detention of person, with intent to sell him, etc. Stealing child under 14 years. 24 & 25 Vict. C. 100 s. 56. Bigamy. Ib. s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100 s. 58. Procuring drug, etc., with intent to cause abortion. Ib. s. 59. Concealing birth of child. Ib. s. 60. Sodomy and bestiality. 24 & 25 Vict. C. 100 s. 61. Attempt to commit unnatural offence. Ib. s. 62. Act of gross indecency by male with male. 48 & 49 Vict. C. 69 s. 11. Consent of male person under 13 years. 43 & 44 Vict. C. 45 s. 2. Definition of carnal knowledge. 24 & 25 Vict. c. 100 s. 63. Making or having gunpowder with intent to commit felony against the Ordinance. Ib. s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict. C. 100 s. 65. See Ordinance No. 14 of 1901. Apprehension of person loitering at night and suspected of felony. Ib. s. 66. Punishment of principals in the second degree and accessories. Ib. s. 67. Imprisonment and hard labour. 24 & 25 Vict. C. 100 s. 69. See Ordinance No. 4 of 1899. Duration of solitary confinement. Ib. s. 70. Awarding of fine and sureties for keeping the peace. Ib. s. 71. No summary conviction or warrant to be quashed for want for form. Ib. s. 72. procedure in cases of summary conviction. Ib. s. 76. See Ordinance No. 3 of 1890.
Abstract
A.D. 1865. Ordinance No. 4 of 1865, with Ordinances No. 1 of 1866 s. 5 in pt., No. 3 of 1868 s. 2, and No. 3 of 1901 in pt. Incorporated. See also Ordinance no. 4 of 1897 Part I. Short title. Murder. 24 & 25 Vict. C. 100 s. 1. Sentence for murder. Ib. s. 2. Burial of body of person executed. Ib. s. 3. Conspiring or soliciting to commit murder. Ib. s. 4. Petit treason to be murder. Ib. s. 8. Manslaughter. Ib. s. 5. Excusable homicide. 24 & 25 Vict. C. 100 s. 7. Trial of homicide where cause of death only happens in the Colony. Ib. s. 10. Administering poison or wounding with intent to murder. Ib. s. 11. Destroying or damaging building with intent to murder. Ib. s.12. Setting fire to or casting away ship with intent to murder. Ib. s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict. C. 100 s. 14. Attempting to commit murder by means not specified. Ib. s. 15. Sending letter threatening to murder. Ib. s. 16. Impeding person endeavouring to save himself from ship- wreak. 24 & 25 Vict. C. 100 s. 17. Shooting or attempting to shoot, or wounding or striking, with intent to do grievous bodily harm. Ib. s. 18. Definition of loaded arms. Ib. s. 19. Wounding or inflicting grievous bodily harm. Ib. s. 20. Attempting to choke, etc. in order to commit indictable offence. Ib. s. 21. See Ordinance No. 7 of 1901 s. 3. Using chloroform, etc., in order to commit indictable offence. 24 & 25 Vict. C. 100 s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. Ib. s. 23. Administering poison, etc., with intent to injure, etc. Ib. s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. Ib. s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict. C. 100 s. 26. Exposing child whereby life is endangered. Ib. s. 27. Causing bodily injury by gunpowder, etc. Ib. s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. Ib. s. 29. Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict. C. 100 s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. Ib. s. 31. Driver of carriage, etc., injuring person by furious driving. Ib. s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict. C. 100 s. 36. Assaulting Magistrate, etc., on account of his preserving wreck. Ib. s. 37. Assault with intent to commit felony, or on peace officer, etc. Ib. s. 38. Assault with intent to obstruct sale of grain or its free passage. 24 & 25 Vict. C. 100 s. 39. Assault on person with intent to hinder him in working. Ib. s. 40. Assault arising from combination repenting wages or trade. Ib. s. 41. Assault on boy under fourteen years of age or on female. Ib. s. 43. Certificate of dismissal of complaint. 24 & 25 Vict. C. 100 s. 44. Certificate of conviction to bar any other proceeding. Ib. s. 45. Exceptions for attempt to commit felony, etc., and for question to title. Ib. s. 46. Assault occasioning actual bodily harm. Ib. s. 47. Common assault. Ib. Forcible taking or detention of person, with intent to sell him, etc. Stealing child under 14 years. 24 & 25 Vict. C. 100 s. 56. Bigamy. Ib. s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict. C. 100 s. 58. Procuring drug, etc., with intent to cause abortion. Ib. s. 59. Concealing birth of child. Ib. s. 60. Sodomy and bestiality. 24 & 25 Vict. C. 100 s. 61. Attempt to commit unnatural offence. Ib. s. 62. Act of gross indecency by male with male. 48 & 49 Vict. C. 69 s. 11. Consent of male person under 13 years. 43 & 44 Vict. C. 45 s. 2. Definition of carnal knowledge. 24 & 25 Vict. c. 100 s. 63. Making or having gunpowder with intent to commit felony against the Ordinance. Ib. s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict. C. 100 s. 65. See Ordinance No. 14 of 1901. Apprehension of person loitering at night and suspected of felony. Ib. s. 66. Punishment of principals in the second degree and accessories. Ib. s. 67. Imprisonment and hard labour. 24 & 25 Vict. C. 100 s. 69. See Ordinance No. 4 of 1899. Duration of solitary confinement. Ib. s. 70. Awarding of fine and sureties for keeping the peace. Ib. s. 71. No summary conviction or warrant to be quashed for want for form. Ib. s. 72. procedure in cases of summary conviction. Ib. s. 76. See Ordinance No. 3 of 1890.
Identifier
https://oelawhk.lib.hku.hk/items/show/563
Edition
1901
Volume
v1
Subsequent Cap No.
212
Cap / Ordinance No.
No. 2 of 1865
Number of Pages
17
Files
Collection
Historical Laws of Hong Kong Online
Citation
“OFFENCES AGAINST THE PERSON ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed January 21, 2025, https://oelawhk.lib.hku.hk/items/show/563.
