Page:Offences Against the Person Ordinance (4 of 1865).pdf/1

 Rh HONGKONG ANNO VICESIMO OCTAVO VICTORIÆ REGINÆ. No. 4 of 1865. By His Excellency, Esquire, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice Admiral of the same, with the Advice of the Legislative Council of Hongkong.

W. T. MERCER. An Ordinance to consolidate and amend the Enactments in Force in this Colony relating to Offences against the Person. [2nd June, 1865.]

Whereas it is expedient to consolidate and amend the Enactments in Force in this Colony relating to Offences against the Person: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:— Homicide

1. Whosoever shall be convicted of Murder shall suffer Death as a Felon.

2. Upon every Conviction for Murder the Court shall pronounce Sentence of Death, and the same may be carried into Execution, and all other Proceedings upon such Sentence and in respect thereof may be had and taken, in the same Manner in all respects Sentence of Death might have been pronounced and carried into Execution, and all other Proceedings thereupon and in respect thereof might have been had and taken, before the passing of this Ordinance upon a Conviction for any other Felony for which the Prisoner might have been sentenced to suffer Death as a Felon.

3. The Body of every Person executed for Murder shall be buried in such Place Burial of Body as the Governor shall order, and the Sentence of the Court shall so direct.

4. All Persons who shall within this Colony conspire, confederate and agree to murder any Person, whether he be a Subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, whosoever within this Colony shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any Person, to murder any other Person, whether he be a Subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not more than Ten and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.

5. Whosoever shall be convicted of Manslaughter shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour,—or to pay such Fine as the Court shall award, in addition to or without way such other discretionary Punishment as aforesaid.

6. No Punishment or Forfeiture shall be incurred by any person who shall kill another by Misfortune or in his own Defence, or in any other Manner without Felony.

7. Every Offence which, before the Commencement of the Act of the Imperial Parliament of the Ninth Year of King George the Fourth, Chapter Thirty-one, would have amounted according to the Law of England to Petit Treason, shall be deemed to be Murder only, and no greater Offence; and all Persons guilty in respect thereof, whether as Principals or Accessories, shall be dealt wit indicted, tried, and punished as Principals and Accessories in Murder.

8. Where any Person being feloniously stricken, poisoned, or otherwise hurt at any Place in this Colony, shall die of such Stroke, Poisoning, or Hurt upon the Sea, or at any Place out of this Colony, every Offence committed in respect of any such Case, whether the same shall amount to the Offence of Murder or of Manslaughter, or of being Accessory to Murder or Manslaughter, may be dealt with, inquired of, tried, determined, punished in this Colony in which such Stroke, Poisoning, or Hurt shall happen, in the same manner in all respects as if such Offence had been wholly committed in this Colony.