Page:Offences Against the Person Ordinance (4 of 1865).pdf/3

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THE HONGKONG GOVERNMENT GAZETTE, 10th JUNE, 1865.
293


Arms at any Person, with Intent, in any of the Cases aforesaid, to maim, disfigure, or disable any Person, or to do some other grievous bodily Harm to any Person, or with intent to resist or prevent the lawful Apprehension or Detainer of any Person, shall be guilty of Felony, and, being convicted thereof, 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, and with or without Solitary Confinement.

What shall constitute loaded Arms. 17. Any Gun, Pistol, or other Arms which shall be loaded in the Barrel with Gunpowder or any other explosive Substance, and, Ball, Shot, Slug, or other destructive Material, shall be deemed to be loaded Arms within the Meaning of this Ordinance, although the Attempt to discharge the same may fail from Want of proper Priming or from any other Cause.

Inflicting bodily Injury with or without Weapon. 18. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily Harm upon any other Person, either with or without any Weapon or Instrument, 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 the Term of Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.

Attempting to choke, &c., in order to commit any indictable Offence. 19. Whosoever shall, by any Means, whatsoever, attempt to choke, suffocate, or strangle any other Person, or shall by any Means calculated to choke, suffocate, or strangle, attempt to render any other Person insensible, unconscious, or incapable of Resistance, with Intent in any of such Cases thereby to enable himself or any other Person to commit or with Intent in any of such Cases thereby to assist any other Person in committing any indictable Offence, shall be guilty of Felony, and, being convicted thereof, 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 Tern not exceeding Two Years, with or without Hard Labour.

Using Chloroform, &c., to commit any indictable Offence. 20. Whosoever shall unlawfully apply or administer to or cause to be taken by, or attempt to apply or administer to or attempt to cause to be administered to or taken by, any Person, any Chloroform, Laudanum, Pepper or other stupefying or overpowering Drug, Matter, or Thing, with Intent in any of such Cases thereby to enable himself or any other Person to commit, or with Intent in any of such Cases thereby to assist any other Person in committing any indictable Offence, shall be guilty of Felony, and, being convicted thereof, 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.

Maliciously administering Poison, &c., with Intent to injure. 21. Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any Poison or other destructive or noxious Thing, so as thereby to endanger the Life of such Person, or so as thereby to inflict upon such Person any grievous bodily Harm, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Ten Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.

Maliciously administering Poison, &c., with Intent to injure. 22. Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other Person any Poison or other destructive or noxious Thing, with Intent to injure, aggrieve, or annoy such Person, 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 the Term of Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.

If Jury not satisfied that Person charged is guilty of Felony they may find him guilty of Misdemeanor. 23. If upon the Trial of any person for any Felony in the last but one preceding Section mentioned, the Jury shall not be satisfied that such Person is guilty thereof, but shall be satisfied that he is guilty of any Misdemeanor in the last preceding Section mentioned, then and in every such Case the Jury may acquit the Accused of such Felony, and find him guilty of such Misdemeanor, and thereupon he shall be liable to be punished in the same Manner, as if convicted upon an Information for such Misdemeanor.

Not providing Apprentices or Servants with Food, &c., whereby Life endangered.

24. Whosoever, being legally liable, either as a Master or Mistress, to provide for without lawful Excuse refuse or neglect to provide the same, or shall unlawfully and maliciously do or cause to be done any bodily farm to any such Apprentice or Servant, that the Life of such Apprentice or Servant shall be endangered, or the Health of