SUPPRESSION OF DESERTION ORDINANCE, 1852

SUPPRESSION OF DESERTION ORDINANCE, 1852

No. 1 of 1852.

Suppression of Desertion

To increase the powers of Magistrates as regards publicans,
boarding-house keepers, and others, with the view of
suppressing desertion in His Majesty's Forces, naval and
military. [18th May, 1852.]
WHEREAS the offence of desertion from His Majesty's Forces, naval
and military, serving in this Colony, has of late considerably
increased; AND WHEREAS such offence has heretofore had inception
in, and facility of commission from, public and boarding-houses
and other places:-
1. The Suppression of Desertion Ordinance, 1852.
2. In this Ordinance, 'sailor' shall be deemed to extend to
every person serving for the time being in any ship then under the
orders of the Commander-in-Chief of His Majesty's ships and vessels
employed on the China Station.
3. Any publican or keeper of a boarding-house, or any other
person whatsoever, who-
(1) by words or by any other means whatsoever, directly or
indirectly procures any soldier, sailor, or marine to desert: or
(2) by words or by any other means whatsoever, attempts to
procure or persuade any soldier, sailor, or marine to desert; or
*As amended by the Final Revision Ordinance 1912.
As amended by No. 50 of 1911, No. 51 of 1911 and the Final Revision
Ordinance 1912.
As amended by No. 50 of 1911 and No. 51 of 1911.
**As amended by No. 51 of 1911.
As amended by No. 50 of 1911 and No. 22 of 1012.

(3) knowing, that any soldier, sailor, or marine is about to desert,
aids or assists him in deserting ; or
(4) knowing any soldier, sailor, or marine to be a deserter, con-
ceals such deserter, or aids or assists such deserter in concealing
himself,
shall be guilty of a misdemeanor, and shall, on summary conviction,
be liable for every such offence to a fine not exceeding 1,000 dollars.

4. A portion not exceeding one-half of every such fine shall be
payable to person by whose information or evidence the con-
viction of such offender is made.

5. Any publican or keeper of a boarding-house who is convicted
of any one or more of the above mentioned offences shall, in addi-
tion to the penalty above provided, forthwith forfeit any licence
then held by him as a publican or boarding-house keeper, and he
shall be and is hereby declared incapable of holding thereafter any
licence as such publican or boarding-house keeper.

6. Nothing in this Ordinance shall prevent a Magistrate acting
under this Ordinance from sending any case arising out of any
of the said offences for trial to the Supreme Court, which he may
consider should be investigated there.

Short title.
Interpretation.
Penalty on publican or boarding-house keeper inducing soldier or sailor to desert. Portion of penalty payable to informer. Forfeiture of licence on conviction. Case may be referred to Supreme Court.

Short title.
Interpretation.
Penalty on publican or boarding-house keeper inducing soldier or sailor to desert. Portion of penalty payable to informer. Forfeiture of licence on conviction. Case may be referred to Supreme Court.

https://oelawhk.lib.hku.hk/items/show/762

1912

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No. 1 of 1852

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