TREASONABLE OFFENCES ORDINANCE, 1868
Title
TREASONABLE OFFENCES ORDINANCE, 1868
Description
ORDINANCE No. 3 OF 1868.
Treasonable Offences Ordinance, 1868.
AN ORDINANCE to assimilate the Law of this Colony respecting
Treasonable Offences to the Law of the United Kingdom.[21st Novermber, 1868]
WHEREAS it is expedient to assimilate the law of this Colony re-
specting treasonable offences to the law of the United Kingdom:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follow:-
1. This Ordinance may be cited as the Treasonable Offences Ordi-
nance, 1868.
2. From and aftr the commencement of this Ordinance, the provisions
of the Act 36 George 3 Chapter 7, entitled 'An Act for the Safety and Preservation of His Majesty's Person and Government against treason-
able and seditious Practices and Attempts,' made perpetual by the Act 57
George 3 Chapter 6, entitled 'An Act to make perpetual certain parts
of an Act of the Thirty-sixth year of His persent Majesty, for the
Safety and Preservation of His Majesty's Person and Government
against Treasonable and Seditious Practices and Attempts, and for the
Safety and Preservation of the Person of His Royal Highness the Prince
Regent against Treasonable Practices and Attempts,' and all the pro-
visions of the last-mentioned Act in relation thereto, save such of the
same respectively as relate to the compassing, imaging, inventing,
devising, or intending death or destruction, or any bodily harm tending
to death or destruction, amim or wounding, imprisonment or restraint
of the person of the heirs and successors of His said majesty King
George the third, and the expressing, uttering, or declaring of such
compassings, imaginations, inventions, devices, or intentions, or any of
them, shall cease to be of force in this Colony.
3. If any person whosoever, after the commencement of this Ordi-
nance, within this Colony, compasses, imagines, invents, devises, or
intends to deprive or depose our Most Gracious Lady the Queen, her
heirs or successors, from the style, honour, or royal name of the
Imperial Crown of the United Kingdom ro of any other of Her Ma-
jesty's dominions or countries, or to levy war against Her Majesty, her
heirs or successors, within any part of the United Kingdom, in order
by force or constraint to compel her or them to change her or their
measures or counsels, or in order to put any force or constraint upon,
or to initmidate or overawe, both Houses or either House of the Im-
perial Parliament, or in order to move or stir any foreigner or stranger
dominions or countries under the obeisance of her Majesty, her heirs
or successors, and expresses such compassings, imaginations, inventions,
devices, or intentions, or any of them, with or declares them by pub-
lishing any printing or writing, or by open and advised speaking, or
by any overt act or deed, every person so offending 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 seven years or to imprisonment for any term not exceed-
ing two years, with or without hard labour and with or without solitary
confinement.
4. Provided always that no person shall be prosecuted for any felony
by virtue of this Ordinance in respect of such compassings, imagina-
tions, inventions, devices, or intentions as aforesaid, in so far as the same
are expressed, uttered, or declared by open and advised speaking only, unless information of such compassings, imaginations, inventions, de-
vices, and intentions, and of the words by which the same were express-
ed, uttered, or declared, is given upon oath or declaration to one or
more Justice or Justices of the Peace within six days after such words
have been spoken, and unless a warrant for the apprehension of the per-
son by whom such words have been spoken is issued within ten days
after such information has been given as aforesaid, and that no person
shall be convicted of any such compassings, imaginations, inventions,
devices, or intentions as aforesaid, in so far as the same are expressed,
uttered, or declared by open or advised speaking as aforesaid, except on
his own confession in open Court or unless the words so spoken are
proved by two credible witnesses.
5. In a indictment for any felony under this Ordinance, it shall be
lawful to charge against the offender any number of th matters, acts,
or deeds by which such compassings, imaginations, inventions, devices,
or intentions as a foresaid, or any of them, have been expressed, uttered,
or declared.
6. Provided always that nothing herein contained shall lessen the
force of or in any manner affect anything enacted by the statue passed
in the twenty-fifth year of King Edward the Third, entitled 'A Decla-
ration which Offences shall be adjudged Treason.'
7. If the facts or matters alleged in an indictment of any felony
under this Ordinance amount in law to treason, such indictment shall
not, by reason thereof, be entitled to be acquitted of such felony; but
no person tried for such felony shall be afterwards prosecuted for trea-
son upon the same facts.
8.-(1) In the case of every felony punishable under this Ordinance,
every principal in the second degress and every accessory before the
fact shall be punishable in the smae manner as the principal in the first
degree is by this Ordinance punishable.
(2) Every accessory after the fact to any such felony shall, on con-
viction, be liable to imprisonment for any term not exceeding two years,
with or without hard labour and with or wihtou solitary confinement.
A.D. 1868. Ordinance No. 15 of 1868. Short title. Repeal of provisions of 36 Geo. 3 c. 7 and 57 Geo. 3 c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict.c. 12 s. 1. Compassing to deprive the Queen of style of Imperial Crown, etc. Ib.s.3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict.c. 12 s. 4. Charging of more than one overt act in indictment. Ib.s.5. Saving as to 25 Edw. 3 s. 5 c. 2. Ib.s.6. Case of offence proved being other than offence charged, etc. Ib.s.7. Punishment of accessories. Ib.s.8.
Treasonable Offences Ordinance, 1868.
AN ORDINANCE to assimilate the Law of this Colony respecting
Treasonable Offences to the Law of the United Kingdom.[21st Novermber, 1868]
WHEREAS it is expedient to assimilate the law of this Colony re-
specting treasonable offences to the law of the United Kingdom:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follow:-
1. This Ordinance may be cited as the Treasonable Offences Ordi-
nance, 1868.
2. From and aftr the commencement of this Ordinance, the provisions
of the Act 36 George 3 Chapter 7, entitled 'An Act for the Safety and Preservation of His Majesty's Person and Government against treason-
able and seditious Practices and Attempts,' made perpetual by the Act 57
George 3 Chapter 6, entitled 'An Act to make perpetual certain parts
of an Act of the Thirty-sixth year of His persent Majesty, for the
Safety and Preservation of His Majesty's Person and Government
against Treasonable and Seditious Practices and Attempts, and for the
Safety and Preservation of the Person of His Royal Highness the Prince
Regent against Treasonable Practices and Attempts,' and all the pro-
visions of the last-mentioned Act in relation thereto, save such of the
same respectively as relate to the compassing, imaging, inventing,
devising, or intending death or destruction, or any bodily harm tending
to death or destruction, amim or wounding, imprisonment or restraint
of the person of the heirs and successors of His said majesty King
George the third, and the expressing, uttering, or declaring of such
compassings, imaginations, inventions, devices, or intentions, or any of
them, shall cease to be of force in this Colony.
3. If any person whosoever, after the commencement of this Ordi-
nance, within this Colony, compasses, imagines, invents, devises, or
intends to deprive or depose our Most Gracious Lady the Queen, her
heirs or successors, from the style, honour, or royal name of the
Imperial Crown of the United Kingdom ro of any other of Her Ma-
jesty's dominions or countries, or to levy war against Her Majesty, her
heirs or successors, within any part of the United Kingdom, in order
by force or constraint to compel her or them to change her or their
measures or counsels, or in order to put any force or constraint upon,
or to initmidate or overawe, both Houses or either House of the Im-
perial Parliament, or in order to move or stir any foreigner or stranger
dominions or countries under the obeisance of her Majesty, her heirs
or successors, and expresses such compassings, imaginations, inventions,
devices, or intentions, or any of them, with or declares them by pub-
lishing any printing or writing, or by open and advised speaking, or
by any overt act or deed, every person so offending 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 seven years or to imprisonment for any term not exceed-
ing two years, with or without hard labour and with or without solitary
confinement.
4. Provided always that no person shall be prosecuted for any felony
by virtue of this Ordinance in respect of such compassings, imagina-
tions, inventions, devices, or intentions as aforesaid, in so far as the same
are expressed, uttered, or declared by open and advised speaking only, unless information of such compassings, imaginations, inventions, de-
vices, and intentions, and of the words by which the same were express-
ed, uttered, or declared, is given upon oath or declaration to one or
more Justice or Justices of the Peace within six days after such words
have been spoken, and unless a warrant for the apprehension of the per-
son by whom such words have been spoken is issued within ten days
after such information has been given as aforesaid, and that no person
shall be convicted of any such compassings, imaginations, inventions,
devices, or intentions as aforesaid, in so far as the same are expressed,
uttered, or declared by open or advised speaking as aforesaid, except on
his own confession in open Court or unless the words so spoken are
proved by two credible witnesses.
5. In a indictment for any felony under this Ordinance, it shall be
lawful to charge against the offender any number of th matters, acts,
or deeds by which such compassings, imaginations, inventions, devices,
or intentions as a foresaid, or any of them, have been expressed, uttered,
or declared.
6. Provided always that nothing herein contained shall lessen the
force of or in any manner affect anything enacted by the statue passed
in the twenty-fifth year of King Edward the Third, entitled 'A Decla-
ration which Offences shall be adjudged Treason.'
7. If the facts or matters alleged in an indictment of any felony
under this Ordinance amount in law to treason, such indictment shall
not, by reason thereof, be entitled to be acquitted of such felony; but
no person tried for such felony shall be afterwards prosecuted for trea-
son upon the same facts.
8.-(1) In the case of every felony punishable under this Ordinance,
every principal in the second degress and every accessory before the
fact shall be punishable in the smae manner as the principal in the first
degree is by this Ordinance punishable.
(2) Every accessory after the fact to any such felony shall, on con-
viction, be liable to imprisonment for any term not exceeding two years,
with or without hard labour and with or wihtou solitary confinement.
A.D. 1868. Ordinance No. 15 of 1868. Short title. Repeal of provisions of 36 Geo. 3 c. 7 and 57 Geo. 3 c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict.c. 12 s. 1. Compassing to deprive the Queen of style of Imperial Crown, etc. Ib.s.3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict.c. 12 s. 4. Charging of more than one overt act in indictment. Ib.s.5. Saving as to 25 Edw. 3 s. 5 c. 2. Ib.s.6. Case of offence proved being other than offence charged, etc. Ib.s.7. Punishment of accessories. Ib.s.8.
Abstract
A.D. 1868. Ordinance No. 15 of 1868. Short title. Repeal of provisions of 36 Geo. 3 c. 7 and 57 Geo. 3 c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict.c. 12 s. 1. Compassing to deprive the Queen of style of Imperial Crown, etc. Ib.s.3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict.c. 12 s. 4. Charging of more than one overt act in indictment. Ib.s.5. Saving as to 25 Edw. 3 s. 5 c. 2. Ib.s.6. Case of offence proved being other than offence charged, etc. Ib.s.7. Punishment of accessories. Ib.s.8.
Identifier
https://oelawhk.lib.hku.hk/items/show/575
Edition
1901
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 3 of 1868
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TREASONABLE OFFENCES ORDINANCE, 1868,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/575.
