Penal Servitude. Penal Servitude within the said Colony for any Period not exceeding a Period of the same Duration as the Term or Terms, or unexpired Portion of the Term or Terms of Transportation under which the said Offender now is or shall hereafter be; and until no such Place as aforesaid is appointed, and so often as no such Place shall be hereafter appointed as aforesaid, any Offender who, but for this Ordinance, might have been sentenced to Transpor tation shall (subject to Section Three) be liable to be sentenced to be kept in Penal Servitude for a Period or Periods not exceeding a Term or Terms of the same Duration as the Term or Terms of Transportation to which such Offender would, but for this Ordinance, have been liable, and subject to the same Discretion on the part of the Court. fenders under II. All Laws and Gaol Regulations relating to the Removal, Laws of TransTransportation, Care, Custody, Management, Employment, and portation to Discipline of Offenders under Sentence or Order of Transporta- apply to Of tion, and the Punishment of such Offenders if at large without Penal Servilawful Cause, whilst the said Sentence or Order is in Force, and tude. all other Laws relating to such Offenders, shall apply to Offenders kept in Penal Servitude. Time. III. Any of the said Offenders may be removed and transported Computation of to any such Place as aforesaid during his Term of Punishment, and the whole of the Time (if any) during which he may have been kept in Penal Servitude or Imprisonment during the Term specified in his Sentence or Order, shall be computed and allowed unto him in determining the Duration of his Term of Transportation. IV. Repealed. V. The Laws for the Time being in Force within England for the Prevention or Punishment of the Offences of Prison Breach, Escape, Rescue, and bringing or carrying in or out of prohibited Articles, when committed, attempted, or allowed by, or with Reference to, or in Favor of, Prisoners ordered to be detained in Convict Prisons, shall be applicable to the like Offences, when committed or attempted by, or with Reference to, or in Favor of, Offenders kept in Penal Servitude, whether original or substituted as aforesaid. VI. His Excellency the Governor in Executive Council is hereby empowered from Time to Time to make, alter, repeal, or revive such Regulations (in any Manner, not being inconsistent with this Ordinance), for the Diet, Clothing, Maintenance, Employment, Instruction, Discipline, Correction, Removal, and Discharge of Offenders undergoing the said Punishment of Penal Servitude, and for the Duties and Conduct of their Keepers and Overseers, and other the Officers employed in or about the Premises, as to His said Excellency in Council shall in the Premises seem meet; yet so as that every such Regulation, Alteration, Repeal, and Revivor, be forthwith notified in the "Hongkong Government Gazette " for general Information. Certain Convict Prison Laws extended to this Colony. Power to His Council to VII. The Jurisdiction to sentence Offenders to Imprisonment Power of Imwith or without Hard Labour, and the Execution of such prisonment not Sentences, are not affected by this Ordinance. affected by this Ordinance. Preamble. Hospital Accommodation to be provided, and properly fitted up. Space for Hospital to be included in Mea surement of Capacity for Passengers. Passengers and Crew to be examined before Medical Prac titioner. Chinese Passenger Ships. No. 6. OF 1859. An Ordinance for providing Hospital Accommodation on W HEREAS it is desirable to provide for the Allocation of a Space on board Chinese Passenger Ships, for the Purposes of a Hospital or Sick Bay, and also for the Medical Inspection of the Passengers and Crews on Board such Ships, 'with a view to the better securing the Health of Passengers therein' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. In every Chinese Passenger Ship there shall be a sufficient Space properly divided off to the Satisfaction of the Emigration Officer at the Port of Clearance, to be used exclusively as a Hospital or Sick Bay for the Passengers; this Space shall be either under the Poop, or in the Round-house, or in any Deckhouse which shall be properly built and secured to the Satisfaction of such Emigration Officer, or on the upper Passenger Deck, and not elsewhere, and shall in no Case be of less Dimensions than Eighteen clear Superficial Feet for every Fifty Passengers which the Ship shall carry. Such Hospitals shall be fitted with Bed Places, and supplied with proper Beds, Bedding, and Utensils, to the Satisfaction of the Emigration Officer at the Port of Clearance, and shall throughout the Voyage be kept so fitted and supplied. II. In the Measurement of the Passenger Decks, for the Purpose of determining the Number of Passengers to be carried in any Chinese Passenger Ship, the Space for the Hospital shall be included. III. No Chinese Passenger Ship shall clear out or proceed to Sea on any Voyage of more than Seven Days Duration, until some Medical Practitioner shall have certified to the Emigration Officer, and the said Emigration Officer shall be satisfied, that sailing by some none of the Passengers or Crew appear, by reason of any bodily or mental Disease, unfit to proceed or likely to endanger the Health or Safety of other Persons about to proceed in such Vessel; and a Medical Inspection of the Passengers for the Purposes of giving such Certificate shall take place either on board the Vessel, or, at the Discretion of the said Emigration Officer, at such convenient Place on Shore, before Embarkation, as he may appoint; and the Master, Owner, or Charterer of the Ship, shall pay to such Medical Practitioner a Sum at the rate of Twenty-five current Dollars, for every Hundred Persons so examined: Provided, that in case the Emigration Officer on any particular Occasion shall be unable to obtain such Certificate as aforesaid, or the Attendance of a Medical Practitioner within a reasonable Time, or without Payment of an Inspection Fee at a higher Rate than that hereby ordained, then it shall be lawful for Chinese Passenger Ships. Conditional Pardons. for the said Emigration Officer to dispense with such Medical Inspection as aforesaid, and to satisfy himself by his own personal Examination, (for which he shall receive the Fee herein-before ordained to be paid,) of the fit sanitary State of the Crew and Passengers: Provided also, that all Fees received under this Section by the Emigration Officer, or Colonial Surgeon of Hong. kong, shall be, within Three Days after the Receipt thereof, paid over by the Officer receiving them into the Treasury, to the Use of the Crown. visions hereof IV. No Emigration Officer shall give the Certificate required Certificate not by the "Chinese Passengers Act, 1855," in respect of any Chinese to be granted Passenger Ship, unless he be satisfied as aforesaid with the Hos- unless the Propital Accommodation in such Ship provided, and with the sani- shall have been tary State of the Crew and Passengers thereto belonging. complied with. V. Has had its effect. Suspending VI. In the Interpretation of this Ordinance the term "Chinese Clause. Passenger Ship" shall have the same Meaning as is attached Interpretation thereto under the Act of the Imperial Parliament passed in the Clause. Eighteenth and Nineteenth Years of the Reign of Her present Majesty, known as the "Chinese Passengers Act, 1855." VII. This Ordinance may be cited for any Purpose whatever Short Title of under the Name of the "Chinese Passengers Health Ordi- Ordinance. nance." No. 1. OF 1860. An Ordinance empowering His Excellency the Governor to grant Conditional Pardons in certain Cases. 6 [3rd March, 1860.] WHEREAS it is expedient to empower His Excellency the Preamble. Governor to grant Conditional Pardons, in accordance 'with the Terms of the Royal Charter of the Colony of Hong'kong: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. It shall be lawful for His Excellency the Governor to grant to any Offender, convicted of any Crime, a Pardon subject to either of the following Conditions, as the Case may be: That such Offender shall quit the Colony and not afterwards be found at large therein; or, that such Offender shall, in lieu of the Sentence of Death which may have been passed upon or recorded against him, by any Court of competent Jurisdiction, suffer such Term of Imprisonment or Penal Servitude as His Excellency may think fit. II. Should any Offender to whom a Pardon has been granted on Condition of his quitting the Colony be afterwards found at large therein, contrary to such Condition, it shall be lawful for any Police Officer to apprehend such Offender and convey him before a Magistrate, who shall make out a Warrant, under his Hand and Seal, for the Recommitment of such Offender to Prison, there to undergo the Residue of his original Sentence, as if no Pardon had been granted. Governor may grant Pardons subject to Condition of Offenders leaving the Colony, &c. Offenders who have received Pardon, if found in the Colony, may be committed for the Remainder of their original Sentence. a Conditional Persons not being Christians summoned to serve on Juries may make Declaration in lieu of Oath. An Ordinance to amend the Law relating to Jurors and BE I. Every Person not being a Christian who may be summoned to serve as a Juror in any Case, whether Civil or Criminal, may, in lieu of the Form of Oath now required to be taken, make the following Declaration : A.B. do solemnly, sincerely and truly declare, that I will hearken to the Evidence, and a true Verdict give, to the best ' of my Skill and Knowledge, without Fear, Favour, or Affection.' II. Every Person not being a Christian, who may be summoned or appear to give Evidence in any Proceeding, Civil or Criminal, may, in lieu of an Oath, make the following Declaration, which claration in lieu shall be duly interpreted to every Witness ignorant of the English Witnesses not beingChristians may make De of Oath. Persons not be ing Christians making Affidavits, &c. to language: A.B. do solemnly, sincerely and truly declare, that the Evidence which I am about to give shall be the Truth, the whole 'Truth, and nothing but the Truth.' III. Every Person not being a Christian, who shall make any Affidavit, Information, Deposition or Testification, shall, in lieu of an Oath, make and subscribe the following Declaration : make Declara-hereby solemnly and sincerely declare, that the Contents of this my [Affidavit, Information, Deposition or Testification, as the Case may be] are true.' tion in lieu of Oath. Persons mak ing False Declarations, &c. to be guilty of Perjury. IV. If any Person making or subscribing any solemn Declaration hereby provided as a Substitute for an Oath, shall wilfully, falsely and corruptly declare or subscribe any Matter or Thing which if the same had been sworn would have amounted to wilful and corrupt Perjury, every such Person so offending shall incur the same Penalties as by any Law or Ordinance in Force within this Colony is, or which may be provided or enacted for the Punishment of any Person committing wilful and corrupt Perjury. V. Repealed. No. 3. of 1860. An Ordinance for amending and consolidating the Law ВЕ E it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as tain Sections of follows: Repeal of cer No. 14. of 1845, so far as relates to Pawn brokers. Pawnbrokers Licences. I. Sections Seventeen, Twenty-eight, Twenty-nine, and Thirty, of No. 14. of 1845, are repealed, so far as the same concern or relate to Pawnbrokers. II. No Person shall use or exercise the Trade or Business of a Pawnbroker unless he be then the Holder of a Pawnbroker's Licence. III. Every Pawnbrokers. III. Every such Licence shall be granted by and at the Discre- Licences to be tion of His Excellency in Executive Council, on such Conditions, granted by the Governor in touching Fees or otherwise, as shall be deemed meet; and the Council. same shall endure for One Year only, but may be renewed at the like Discretion from Year to Year. IV. No such Pawnbroker shall, during the Continuance of his said Licence, carry on any other Trade or Occupation in his Place of Business as such Pawnbroker, except that of Pawnbroking, and the Sale of Pledges forfeited under the Provisions of this Ordinance. V. He shall cause to be painted and kept painted in large and legible English Letters and Chinese Characters, over the Door of his said Place of Business, his Name at length, and after his Name the word "Pawnbroker." Pawnbrokers to other Trade on Name and Calling of Pawnbroker to be painted over Place of Busi ness. Goods, Books, &c. VI. He shall, whensoever thereunto required by the Superintendent of Police, or any Inspector of Police, or by any other Inspection of Member of the Police Force bearing a written Order in that behalf under the Hand of the said Superintendent, produce for the Inspection of the Party so requiring him all or any Goods pledged or deposited with him, and all Books and Papers relating to the same. VII. Over and above the principal Monies lent upon any Goods, Interest on pawned or pledged with the Lender, he may demand, receive, and Loans. take from the Person applying to redeem the said Goods, before re-delivering the same, Interest for the Month, and every fractional Part of a Month, after such Rate as shall have been agreed upon at the time of the making of the said Loan; which said principal Monies and Interest shall be taken in full Satisfaction of all Charges for or incident to the Loan to which the same relate : Provided nevertheless, that the first Month's Interest shall be deemed to be due on the first Day of the first Month, and may be deducted from the Amount of Loan agreed upon. VIII. Before any Monies shall be advanced on any such Loan Books to be as aforesaid, the Lender thereof shall enter or cause to be entered kept by Pawnin a Book to be by him kept for that Purpose, and to be called brokers. "The General Book," a fair and legible Statement according to the Form in the Schedule (A.) hereunto annexed. IX. The Lender shall at the Time of making any such Loan as aforesaid deliver to the Borrower a Ticket, containing a true and legible Statement according to the Form in the Schedule (B.) hereunto annexed. X. In order to entitle any Person to redeem from the Lender or his Representatives the Goods pledged, the Ticket must be returned to the Lender or his Representatives by the Person applying to redeem the Goods, except as provided for in Section Thirteen of this Ordinance. XI. On the Tender of any such Ticket as aforesaid, together with the full Amount then due for Principal and Interest, if made within Three Months from the Day of the making of the Loan, or within the further Term allowed by Section Fifteen, it shall be the Duty of the Lender or his Representatives to deliver up to the Person tendering the Ticket the Goods described therein. Ticket to be given by Pawnbroker to the Borrower. Production of Goods on Redelivery of Ticket. |