MAGISTRATES' POWERS -- SUPPRESSION OF DESERTION ORDINANCE

MAGISTRATES' POWERS -- SUPPRESSION OF DESERTION ORDINANCE

ORD1NANCE No. 2 of 1852.

Magistrates' Powers-Suppression of Desertion.

No. 2 of 1852.

An Ordinance to increase in certain Cases the Powers of Magis- Title.
trates as regards Publicans, Boarding-house Keepers, and
others, with the view of Suppressing Desertion in Her Ma-
jesty's Forces, Naval and Military, within the Colony of
Hongkong.
[18th May, 1852.]

HERE AS the offence of desertion in Her ylajesty's forces, naval and
Preamble.
military, serving in this Colony, has of late considerably increased,

and whereas such offence has heretofore lead inception in, and facility of
commission from, public and boarding-houses, and other places: 13e it
therefore enacted and ordained by His Excellency the Acting Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows

1. Any publican or keeper of a boarding-house, or any other person
whatsoever, who shall by words or by any other means whatsoever, di-
rectly or indirectly, procure any soldier, sailor, or marine, to desert,
or
shall by words or by any other means whatsoever attempt to procure or
persuade any soldier, sailor, or marine to desert, and any publican or
keeper of a boarding-house, or any other person whatsoever who, know-
ing that any soldier, sailor, or marine is about to desert, shall aid or
assist
him in deserting, or, knowing any soldier, sailor, or marine to be a de-
serter, shall conceal such deserter, or aid or assist such deserter in
con-
cealing himself, shall be deemed guilty of a misdemeanour, and shall, on
conviction thereof, in a summary manner, before the person for the time
being filling the office of Chief or Assistant Magistrate of Police, and
any

two other Magistrates, be liable for every such offence to a fine not ex-
°f 18E2.]ceeding one hundred pounds sterling; and in default of payment o£
such n°«* penalty
line, the same shall be levied by distress and sale (with the costs and
to be levied.
charges consequent thereon) of the goods and chattels of the offender, the
overplus, if any, after deducting the charges of such distress and sale,
to
be rendered to the said offender: Provided, that i£ upon the return of
the officer charged with the execution of the said distress, it shall
appear
that no sufficient distress can be found, or the party adjudged to pay any
money shall at, the time of the said adjudication or conviction declare,
or
it shall otherwise appear, that he has no goods or chattels on which the
said distress can be levied, then the convicting Magistrates, or any of
them,
may by warrant commit such offender to one of Her Majesty's gaols, with

Publicans,
boarding-
housekeepers,
or others, in-
ducing sol-
diers, sailors,
or marine, to
desert, liable
to be fined to
the extent of
loo.
Ordinance No. 2 of 1852.

Magistrates' Powers-Suppression of Desertion.

or without hard labour, there to remain for a time in proportion to tile
amount of the penalty inflicted, and not exceeding site months in the
whole, unless the said sum to be levied, together with the costs, shall be
sooner paid.

2. And a portion not exceeding one-halfof every such fine so inflict-
ed and levied, shall be payable to such person or persons by whose in-
formation or evidence the conviction of such offender shall be made.

3. And any publican or keeper of a boarding-house who shall have
been convicted of any one or more of the above mentioned offences, shall,
in addition to the penalty above provided, forthwith forfeit any licence
or
licences then held by him as a publican or boarding-house keeper in this
Colony, and he shall be and is hereby declared incapable of holding there-
after any licence as such publican or boarding-house keeper within the
said Colony.

Tnteipreta- 4. And for the purposes of this Ordinance, the word ' Sailor'
shall
Lion of the
term1saiior.w be held to extend to every person serving for the time
being in any ship
then under the orders of the Commander -in-Chiefof Her Majesty's Naval'
Forces in the East Indies and China Seas.

Nothing to 5. And nothing herein contained shall prevent the Magistrates
act-
prevent Ma-
gistrates from ing under this Ordinance from sending any case arising out
of any of the
sending cases '
for trial at the said offences for trial at the Supreme Court, which in
the exercise of their
supreme
Court. discretion they may consider should be investigated there.
Title.
Preamble.
Publicans, boarding-house keepers, or others, inducing soldiers, sailors, or marines to desert, liable to be fined to the extent of 100 pounds.
[*See Ord. No. 6 of 1862.]
How penalty to be levied.
264

Apportionment of fine.
Additional penalty on publicans, and boarding-house keepers.
Interpretation of the term 'Sailor.'
Nothing to prevent Magistrates from sending cases for trial at the Supreme Court.

Title.
Preamble.
Publicans, boarding-house keepers, or others, inducing soldiers, sailors, or marines to desert, liable to be fined to the extent of 100 pounds.
[*See Ord. No. 6 of 1862.]
How penalty to be levied.
264

Apportionment of fine.
Additional penalty on publicans, and boarding-house keepers.
Interpretation of the term 'Sailor.'
Nothing to prevent Magistrates from sending cases for trial at the Supreme Court.

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