BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1882
Title
BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1882
Description
ORDINANCE NO. 1 OF 1882.
Banishment and Conditional Pardons Ordinance, 1882.
AN ORDINANCE to make provision with respect to the banishment
and conditional pardon of certain persons. [7th July, 1882]
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 Banishment and Conditional
Pardons Ordinance, 1882.
2. In this ordinance the expression 'order of banishment' means an
order of the governor-in-council prohibiting a person from residing or
being within this colony for a term not exceeding five years.
3.-(1) When any person, not being a natural-born or naturalized
subject of her majesty and having been convicted of any offence
punishable by imprisonment, has, wihin twelve months after the expiration
of any term of imprisonmnet which he may have suffered for such
offence, been convicted of any offence punishable by imprisonment, such
person may at any time be required by any magistrate to find reasonaable
security for his appearance in any ccourt for any purrpose and at any
time within twelve months.
(2) every adjudication to that effect shall be made in open court
and be reported forthwith to the governor.
(3) if such person does not find such security, he shall be deemed a
person dangerous to the peace of the colony.
4.-(1) The governor-in-council may, by order, prohibit any person,
not being a natural-born or naturalized subject of her majesty, from
residing or being within this colony during any space of time not
exceeding five years, and may by the same or any subsequent order, fix
the time for the departure of such person from the colony.
(2) every order made under this section prohibiting any person from
residing or being within this colony shall contain a statement of the
grounds on which it is made.
(3) it shall be in the discretion of the governor-in-council to order
that the person named in any such order shall be detained in the custody
of the police until the leaves the colony, and such person may thereupon
be arrested, and shall be deemed to be under lawful arrest until he
leaves the coony or until the final departure from the colony of the any
vessel in which he leaves.
5 every person who has been prohibited by an order of banishment
from residing or being within this colony for any space of time not exceeding
five years under the provisions of this or any other ordinance,
and who, wihout lawful authority or excuse (the proof whereof shall lie
on him), is in this colony after the date of such order or after the time
fixed for his departure, and before the expiration of the term of his ban-
ishment, shall be guilty of a misdemeanor, and, being convicted thereof,
shall be liable to imprisonment, with or without hard labour, for any
ter not exceeding one year: provided that in any case in which the
prisoner, when brought before a magistrate on any such charge, pleads
guilty thereto, it shall be lawful for the magistrate to deal summarily
with the case, instead of committing the prisoner for trial at the supreme
court.
6. the governor may, in his discretion, grant to any offender convicted
of any crime a pardon subject to either of the following conditions,
as the case may be, namely, that such offender shall quit the colony and
not afterwards be found at large therein; or that such offender shall, in
lieu of a sentence of death which may have been passed upon him by
any court of competent jurisdiction, suffer such term of imprisonment,
with or without hard labour, as the governor may think fit.
7. if any offender to whom a pardon has been granted, either before
or after the commencement of this ordinance, on the condition of his
quitting the colony, is afterward found atg large therin without lawful
authority or excuse(the proof wherof shall lie on him), he shall be
guilty of a felony or of a misdemeanor, according to the nature of the
offence for which he received such conditional pardon, and, being convicted
thereof, shall be liable to any sentence not exceeding the whole of
his original or commuted sentence, such sentence to commence from the
date at which he is tried and convicted under this ordinance: provided
that in any case in which the prisoner, when brought before a magistrate
on any such charge, pleads guilty thereto, it shall be lawful for the
magistrate to deal summarily with the case, and to remit him to gaol to
undergo any sentence not exceeding the whole of his original or commuted
sentence, instead of committing him for trial at the supreme
court.
8 if it appears fit to the governor-in-council, the governor-in-
council may issue a new order of banishment against any person who
has been convicted of an office against secgin 5, and such order shall commence to take effect during or at the expiration of any term of
imprisonment to which the prisioner has been sentence.
9. If it appears fit to the governor-in-council, the governor-in-
council may issue an order of banishment against any person who has
been convicted of an offence aginst section 7, and such order shall com-
mence to take effect during or at the expiration of any term of imprisonment to which the prisoner has been sentenced.
10. Every person who knowingly harbours or conceals in the colony
any person who banishment has been order shall, on conviction
thereof before a magistrate, be liable to a penalty not exceedig fifty
dollars.
A.D. 1882. Ordinance No. 8 of 1882, with Ordinance No. 4 of 1885 incorporated.
Short title.
Interpretation of term.
Power to Magistrate to order alien twice convicted of offences to find security to appear within twelve months.
Power to Governor-in-Council to banish alien for five years. Penalty for disobedience of order of banishment. Power to Governor to grant pardon for crime, subject to certain conditions. Punishment for breach of conditional pardon. Power to Governor-in-Council to issue new order of banishment.
Power to Governor-in-Council to banish for offence against s. 7. Penalty for harbouring banished person.
Banishment and Conditional Pardons Ordinance, 1882.
AN ORDINANCE to make provision with respect to the banishment
and conditional pardon of certain persons. [7th July, 1882]
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 Banishment and Conditional
Pardons Ordinance, 1882.
2. In this ordinance the expression 'order of banishment' means an
order of the governor-in-council prohibiting a person from residing or
being within this colony for a term not exceeding five years.
3.-(1) When any person, not being a natural-born or naturalized
subject of her majesty and having been convicted of any offence
punishable by imprisonment, has, wihin twelve months after the expiration
of any term of imprisonmnet which he may have suffered for such
offence, been convicted of any offence punishable by imprisonment, such
person may at any time be required by any magistrate to find reasonaable
security for his appearance in any ccourt for any purrpose and at any
time within twelve months.
(2) every adjudication to that effect shall be made in open court
and be reported forthwith to the governor.
(3) if such person does not find such security, he shall be deemed a
person dangerous to the peace of the colony.
4.-(1) The governor-in-council may, by order, prohibit any person,
not being a natural-born or naturalized subject of her majesty, from
residing or being within this colony during any space of time not
exceeding five years, and may by the same or any subsequent order, fix
the time for the departure of such person from the colony.
(2) every order made under this section prohibiting any person from
residing or being within this colony shall contain a statement of the
grounds on which it is made.
(3) it shall be in the discretion of the governor-in-council to order
that the person named in any such order shall be detained in the custody
of the police until the leaves the colony, and such person may thereupon
be arrested, and shall be deemed to be under lawful arrest until he
leaves the coony or until the final departure from the colony of the any
vessel in which he leaves.
5 every person who has been prohibited by an order of banishment
from residing or being within this colony for any space of time not exceeding
five years under the provisions of this or any other ordinance,
and who, wihout lawful authority or excuse (the proof whereof shall lie
on him), is in this colony after the date of such order or after the time
fixed for his departure, and before the expiration of the term of his ban-
ishment, shall be guilty of a misdemeanor, and, being convicted thereof,
shall be liable to imprisonment, with or without hard labour, for any
ter not exceeding one year: provided that in any case in which the
prisoner, when brought before a magistrate on any such charge, pleads
guilty thereto, it shall be lawful for the magistrate to deal summarily
with the case, instead of committing the prisoner for trial at the supreme
court.
6. the governor may, in his discretion, grant to any offender convicted
of any crime a pardon subject to either of the following conditions,
as the case may be, namely, that such offender shall quit the colony and
not afterwards be found at large therein; or that such offender shall, in
lieu of a sentence of death which may have been passed upon him by
any court of competent jurisdiction, suffer such term of imprisonment,
with or without hard labour, as the governor may think fit.
7. if any offender to whom a pardon has been granted, either before
or after the commencement of this ordinance, on the condition of his
quitting the colony, is afterward found atg large therin without lawful
authority or excuse(the proof wherof shall lie on him), he shall be
guilty of a felony or of a misdemeanor, according to the nature of the
offence for which he received such conditional pardon, and, being convicted
thereof, shall be liable to any sentence not exceeding the whole of
his original or commuted sentence, such sentence to commence from the
date at which he is tried and convicted under this ordinance: provided
that in any case in which the prisoner, when brought before a magistrate
on any such charge, pleads guilty thereto, it shall be lawful for the
magistrate to deal summarily with the case, and to remit him to gaol to
undergo any sentence not exceeding the whole of his original or commuted
sentence, instead of committing him for trial at the supreme
court.
8 if it appears fit to the governor-in-council, the governor-in-
council may issue a new order of banishment against any person who
has been convicted of an office against secgin 5, and such order shall commence to take effect during or at the expiration of any term of
imprisonment to which the prisioner has been sentence.
9. If it appears fit to the governor-in-council, the governor-in-
council may issue an order of banishment against any person who has
been convicted of an offence aginst section 7, and such order shall com-
mence to take effect during or at the expiration of any term of imprisonment to which the prisoner has been sentenced.
10. Every person who knowingly harbours or conceals in the colony
any person who banishment has been order shall, on conviction
thereof before a magistrate, be liable to a penalty not exceedig fifty
dollars.
A.D. 1882. Ordinance No. 8 of 1882, with Ordinance No. 4 of 1885 incorporated.
Short title.
Interpretation of term.
Power to Magistrate to order alien twice convicted of offences to find security to appear within twelve months.
Power to Governor-in-Council to banish alien for five years. Penalty for disobedience of order of banishment. Power to Governor to grant pardon for crime, subject to certain conditions. Punishment for breach of conditional pardon. Power to Governor-in-Council to issue new order of banishment.
Power to Governor-in-Council to banish for offence against s. 7. Penalty for harbouring banished person.
Abstract
A.D. 1882. Ordinance No. 8 of 1882, with Ordinance No. 4 of 1885 incorporated.
Short title.
Interpretation of term.
Power to Magistrate to order alien twice convicted of offences to find security to appear within twelve months.
Power to Governor-in-Council to banish alien for five years. Penalty for disobedience of order of banishment. Power to Governor to grant pardon for crime, subject to certain conditions. Punishment for breach of conditional pardon. Power to Governor-in-Council to issue new order of banishment.
Power to Governor-in-Council to banish for offence against s. 7. Penalty for harbouring banished person.
Short title.
Interpretation of term.
Power to Magistrate to order alien twice convicted of offences to find security to appear within twelve months.
Power to Governor-in-Council to banish alien for five years. Penalty for disobedience of order of banishment. Power to Governor to grant pardon for crime, subject to certain conditions. Punishment for breach of conditional pardon. Power to Governor-in-Council to issue new order of banishment.
Power to Governor-in-Council to banish for offence against s. 7. Penalty for harbouring banished person.
Identifier
https://oelawhk.lib.hku.hk/items/show/600
Edition
1901
Volume
v1
Subsequent Cap No.
115
Cap / Ordinance No.
No. 1 of 1882
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1882,” Historical Laws of Hong Kong Online, accessed May 8, 2025, https://oelawhk.lib.hku.hk/items/show/600.
