SUPPRESSION OF PIRACY ORDINANCE, 1868
Title
SUPPRESSION OF PIRACY ORDINANCE, 1868
Description
ORDINANCE No.1 OF 1868.
Suppression of Piracy Ordinance, 1868.
AN ORDINANCE to make provision for the more effectual Sup-
pression of Piracy. [23rd May, 1868.]
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 Suppression of Piracy Ordi-
nance, 1868.
2. Every person who-
(1) knowingly sets forth any pirate; or
(2) aids, assists, maintains, procures, commands, counsels, or advises
any person whomsoever to do or commit any piracy,
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 fifteen years and not less than five years or to im-
prisonment for any term not exceeding two years, with or without hard
labour.
3. Every person who-
(1) knowingly sets forth any pirate; or (2) aids, assists, maintains, procures, commands, counsels, or advises
any person whomsoever to do or commit any piracy,
and, in consequence of such setting forth, aid, assistance, maintenance,
procurement, command, counsel, or advice, a piracy with murder is
committed, shall be guilty of felony, and, being convicted therof, shall
suffer death or be liable, at the discretion of the Court, to imporisonment
with hard labour for life or for any term not less than fourteen years or
to imprisonment for any term not exceeding two years, with or without
hard labour.
4. Every person who-
(1) trades with any pirate, knowing him to be guilty of piracy or
to be fitted out with the intention of committing piracy; or,
(2) with the like knowledge, furnishes any pirate with arms, am-
munitions, provisions, or stores of any kind; or
(3) fits out any junk, vessel, or boat knowingly and with a design
to trade with, supply, or correspond with any pirate; or
(4) in any way consults, combines, confederates, or corresponds with
any pirate, knowing him to be guilty of piracy,
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 five years or to impri-
sonmnet for any term not exceeding two years, with or without hard labour.
5. Every person who-
(1) knowingly receive, entertains or conceals any person guilty of
an act of piracy; or
(2) takes into his custody, without lawful authority or excuse (the
proof whereof shall lie on such person), any junk, vessel, boat,
goods, or chattels which has or have been feloiously taken by
such pirate,
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 five years or to impri-
sonment for any term not exceeding two years, with or without hard
labour: Provided that the expression 'takes into his custody' shall be
satisfied by proof that the goods and chattles alleged to have been taken
into custody wee found in any house or premises, or on board any junk,
vessel, or boat, within which the person charged may be found and of
which said goods and chattels he is undable to give a satisfactory account.
6. Every person who, being found within the colony on board any
junk, vessel, or boat equipped for the purposes of piracy, is unable to
satisfy the Court that he was not on board such junk, vessel, or boat
with his own consent or with the knowledge that the same was equipped
for the purposes of piracy shall be guilty of felony, and, being con-
victed thereof, shall be liable, at the discretion of the Court, to imprison-
ment for any term not exceeding three years, with or without hard
labour.
7. If, after the commencement of this Ordinance, any person is con-
victed of any offence punishable under this Ordinance whose age does
not, in the opinion of the Court, exceed sixteen years, then and in
every such case it shall be lawful for the Court, in addition to or in lieu
of the sentence passed or omitted to be passed for his offence, to direct
such offender to be sent, at the expiration of such sentence or forthwith,
as the case may be, to any Reformatory School established or to be es-
tablished in this Colony,(if the directors or managers thereof are willing
to receive such offender), and to be there detained for a period not
exceeding five years and not less than one year.
8.-(1) It shall be lawful for the Governor-in-Council from time to
time to frame such orders, to be enforced by such fines and penalties as the
Governor-in-Council may deem expedient, including forfeiture of vessel,
for preventing all or any description of fishing vessels and trading junks
from carrying all or any description of arms or munitions of war,
inculding stink pots, and the Goivernor in Gouncil shall also have pwoer
from time to time to alter and amend such orders or revoke the smae or
any part thereof: provided that such personal penalties, irrespective of
forfeiture of vessel, shall not exceed in any one case a fine of five hundred
dollars or imprisonment, with or without hard labour, for one year.
(2) All such orders shall be published in The Gazeet, and from and
after such publication shall have the same force and effect as if the same
had been specially enacted in this Ordinance.
(3) Offences under this section shall be triable in a summary manner
before a Police Magistrate, and all fines imposed under this section shall
be recoverable in a like manner.
9. All local laws, statues, Ordinance, and usages inconsistent with
the provisions of this ordinance shall be and the same are hereby de-
clared to be of no force and effect whatsoever within the Colony.
10. Nothing in this Ordinance shall be construed in any way to take
away, abridge, or affect the jurisdiction now exercised by the Supreme
Court.
A.D. 1868. Ordinance No. 1 of 1868, with Ordinacnes No. 6 of 1869 s. 2 and No. 2 of 1870 incorporated. Short title. Setting forth pirate, etc. Setting forth pirate, etc., where piracy with murder committed. Trading, etc., with pirate. Receiving, etc., priate or taking into custody junk, etc., piratically stolen. Being found on board piratical junk, etc., and un- able to satisfy the Court as to non-complicity. Power to send juvenile offender to Reformatory School. Power to Governor-in-Council to frame orders for prevention of carrying arms, etc., in fishing vessels and trading junks. Repeal of inconsistent laws. Saving of jurisdiction of the Supreme Court.
Suppression of Piracy Ordinance, 1868.
AN ORDINANCE to make provision for the more effectual Sup-
pression of Piracy. [23rd May, 1868.]
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 Suppression of Piracy Ordi-
nance, 1868.
2. Every person who-
(1) knowingly sets forth any pirate; or
(2) aids, assists, maintains, procures, commands, counsels, or advises
any person whomsoever to do or commit any piracy,
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 fifteen years and not less than five years or to im-
prisonment for any term not exceeding two years, with or without hard
labour.
3. Every person who-
(1) knowingly sets forth any pirate; or (2) aids, assists, maintains, procures, commands, counsels, or advises
any person whomsoever to do or commit any piracy,
and, in consequence of such setting forth, aid, assistance, maintenance,
procurement, command, counsel, or advice, a piracy with murder is
committed, shall be guilty of felony, and, being convicted therof, shall
suffer death or be liable, at the discretion of the Court, to imporisonment
with hard labour for life or for any term not less than fourteen years or
to imprisonment for any term not exceeding two years, with or without
hard labour.
4. Every person who-
(1) trades with any pirate, knowing him to be guilty of piracy or
to be fitted out with the intention of committing piracy; or,
(2) with the like knowledge, furnishes any pirate with arms, am-
munitions, provisions, or stores of any kind; or
(3) fits out any junk, vessel, or boat knowingly and with a design
to trade with, supply, or correspond with any pirate; or
(4) in any way consults, combines, confederates, or corresponds with
any pirate, knowing him to be guilty of piracy,
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 five years or to impri-
sonmnet for any term not exceeding two years, with or without hard labour.
5. Every person who-
(1) knowingly receive, entertains or conceals any person guilty of
an act of piracy; or
(2) takes into his custody, without lawful authority or excuse (the
proof whereof shall lie on such person), any junk, vessel, boat,
goods, or chattels which has or have been feloiously taken by
such pirate,
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 five years or to impri-
sonment for any term not exceeding two years, with or without hard
labour: Provided that the expression 'takes into his custody' shall be
satisfied by proof that the goods and chattles alleged to have been taken
into custody wee found in any house or premises, or on board any junk,
vessel, or boat, within which the person charged may be found and of
which said goods and chattels he is undable to give a satisfactory account.
6. Every person who, being found within the colony on board any
junk, vessel, or boat equipped for the purposes of piracy, is unable to
satisfy the Court that he was not on board such junk, vessel, or boat
with his own consent or with the knowledge that the same was equipped
for the purposes of piracy shall be guilty of felony, and, being con-
victed thereof, shall be liable, at the discretion of the Court, to imprison-
ment for any term not exceeding three years, with or without hard
labour.
7. If, after the commencement of this Ordinance, any person is con-
victed of any offence punishable under this Ordinance whose age does
not, in the opinion of the Court, exceed sixteen years, then and in
every such case it shall be lawful for the Court, in addition to or in lieu
of the sentence passed or omitted to be passed for his offence, to direct
such offender to be sent, at the expiration of such sentence or forthwith,
as the case may be, to any Reformatory School established or to be es-
tablished in this Colony,(if the directors or managers thereof are willing
to receive such offender), and to be there detained for a period not
exceeding five years and not less than one year.
8.-(1) It shall be lawful for the Governor-in-Council from time to
time to frame such orders, to be enforced by such fines and penalties as the
Governor-in-Council may deem expedient, including forfeiture of vessel,
for preventing all or any description of fishing vessels and trading junks
from carrying all or any description of arms or munitions of war,
inculding stink pots, and the Goivernor in Gouncil shall also have pwoer
from time to time to alter and amend such orders or revoke the smae or
any part thereof: provided that such personal penalties, irrespective of
forfeiture of vessel, shall not exceed in any one case a fine of five hundred
dollars or imprisonment, with or without hard labour, for one year.
(2) All such orders shall be published in The Gazeet, and from and
after such publication shall have the same force and effect as if the same
had been specially enacted in this Ordinance.
(3) Offences under this section shall be triable in a summary manner
before a Police Magistrate, and all fines imposed under this section shall
be recoverable in a like manner.
9. All local laws, statues, Ordinance, and usages inconsistent with
the provisions of this ordinance shall be and the same are hereby de-
clared to be of no force and effect whatsoever within the Colony.
10. Nothing in this Ordinance shall be construed in any way to take
away, abridge, or affect the jurisdiction now exercised by the Supreme
Court.
A.D. 1868. Ordinance No. 1 of 1868, with Ordinacnes No. 6 of 1869 s. 2 and No. 2 of 1870 incorporated. Short title. Setting forth pirate, etc. Setting forth pirate, etc., where piracy with murder committed. Trading, etc., with pirate. Receiving, etc., priate or taking into custody junk, etc., piratically stolen. Being found on board piratical junk, etc., and un- able to satisfy the Court as to non-complicity. Power to send juvenile offender to Reformatory School. Power to Governor-in-Council to frame orders for prevention of carrying arms, etc., in fishing vessels and trading junks. Repeal of inconsistent laws. Saving of jurisdiction of the Supreme Court.
Abstract
A.D. 1868. Ordinance No. 1 of 1868, with Ordinacnes No. 6 of 1869 s. 2 and No. 2 of 1870 incorporated. Short title. Setting forth pirate, etc. Setting forth pirate, etc., where piracy with murder committed. Trading, etc., with pirate. Receiving, etc., priate or taking into custody junk, etc., piratically stolen. Being found on board piratical junk, etc., and un- able to satisfy the Court as to non-complicity. Power to send juvenile offender to Reformatory School. Power to Governor-in-Council to frame orders for prevention of carrying arms, etc., in fishing vessels and trading junks. Repeal of inconsistent laws. Saving of jurisdiction of the Supreme Court.
Identifier
https://oelawhk.lib.hku.hk/items/show/573
Edition
1901
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 1 of 1868
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPPRESSION OF PIRACY ORDINANCE, 1868,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/573.
