PEACE PRESERVATION ORDINANCE, 1886
Title
PEACE PRESERVATION ORDINANCE, 1886
Description
ORDINANCE NO. 10 OF 1886.
Peace Preservation
AN ORDINANCE to make provision for the Preservation of the APublic Peace.
[2nd June, 1886]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1 This Ordinance may be cited as the Peace Preservation Ordinance, 1886.
PART I.
SPECIAL CONSTABLES.
2 Whenever it appears to the governor that any tumult or riot has taken place or
may be reasonably apprehended, and that the ordinary
officers appointed for preserving the peace are not sufficient for the
preservation of the peace, it shall be lawful for the Governor to authorize
any Magistrate to summon, by writing in the Form No.1 in the Schedule
to this Ordinance, before him, any number of persons resident or being
then within the colony, then and there to be appointed and to act as
special constables within the colony, so long as the said aauthority
remains in force: Provided that it shall be lawful for the said Magistrate, if it
appears to him, upon the oath of any person, that there is
good and sufficient cause to believe that any person intended to be
appointed a special constable is concealing himself in order to avoid
service of the summons or that he is likely to disobey the same, to issue
a warrant, in the Form No.2 in the said Schedule, in the first instance,
for the purpose of bringing before him such person so to be appointed.
3 every special constable shall have the same powers for the preservation of
the peace, the prevention of offences, the apprehension of
offenders, and for all other purposes, and the same privileges, protection,
and immunities, as the members of the Police Force enrolled under the
Police Ordinance for the time being in force, except as to pay and
pension or other reward, and shall be subject to the orders of the
Governor, the Magistrates, the Captain Superintendent of Police, and
any one or more Justices of the Peace for the Colony, who shall be
authorized by the Governor to act in that behalf.
4 any person required to serve as a special constable under this
Ordinance who refuses or otherwise omits, without reasonable excuse, to
appear as a special constable shall, on summary conviction before a Magistrate,
be liable to a penalty not exceeding one hundred dollars, or to
imprisonment, with or without hard larbour, for any term not exceeding
two months, or to both.
5 any person so appointed a special constable, and called upon to
serve, who, without reasonable excuse, refuses or neglects to serve and
to obey such lawful orders and directions as may be given to him for
the performance of the duties of his office, as provided in section 3, shall,
on summary conviction before a Magistrate, be liable to a penalty not
exceeding one hundred dollars, or to imprisonment, with or without
hard labour, for any term not exceeding two months, or to both: Provided
always that no person shall be subject to any penalty under this
secion who is unable to perform the duties of a special constable, by
reason of old age, sickness, or other infirmity, proved to the satisfaction
of the said Magistrate.
PART II.
PROCLAMATION OF THE PEACE.
6 whenever it appears to be necessary for the preservation of the
public peace of the Colony, it shall be lawful for the Governor-in-Council
to declare, by proclamation to be published in The Gazette, that the
Colony shall be subject to the following provisions of this Ordinance;
and every such proclamation shall remain in force until cancelled by
Government Notification published in the Gazette.
7-(1) whenever and wherever the peace is being broken during the
continuance of any proclamation under this Ordinance, it shall be
lawful for th Governor, or the Colonial Secretary, or any Justice of the
Peace to call upon all bystanders and persons in the vicinity to give
their aid in preserving the peace and in apprehending persons breaking
the peace.
(2) Every person who, without lawful execuse, refuses or omits to
give such aid shall, on summary conviction before a Magistrate, be liable
to a penalty not exceeding fifty dollars or to imprisonment, with or without
hard labour, for any term not exceeding three months.
8-(1) whenever any persons are found, during the continuance of
a proclamation under this Ordinance, unlawfully, riotously, or tumultuously
assembled to the disturbance of the peace and to the terror of
Her Majesty's subjects, and Justice of the Peace may, in an audible
voice, warn such persons that they are acting in contravention to law,
and require them to disperse and depart to their habitations or to their
lawful business.
(2) all person remaining so assembled, after such warning, may be
dispersed and taken into custody by any officer or constable of police or
special constable, or by any other person acting under the orders of a
justice of the peace, and shall, on summary conviction before a magistrate, be liable
to a penalty not exceeding fifty dollars or to imprisonment,
with or without hard labour, for any term not exceeding three months.
(3) if any person or persons so warned to disperse is or are hurt,
maimed, or killed in the dispersing, seizing, or apprehending, or the
endeavouring to disperse, seize, or apprehend, the persons hurting, maiming,
or killing him or them shall be free, discharged, and indemnified
from the consequences, except on evidence of gross carelessness, wantonness,
or malcie.
9-(1) during the continuance of any proclamation under this
Ordinance, it shall not be lawful for any person, unless i nthe employment of
Government or unless authorized thereto by the Governor, to
carry on his person, or have in his possession, any arms or instruments
capable of being used as offensive arms, unless they are the tools of his
trade or unless he can show that they are intended to be used for some
lawful purpose (of which the burden of proof shall lie on him), or any
ammunition for such arms or instruments.
(2) it shall be lawful for any justice of the peace, acting under the
powers prescribed by section 3, to enter, with or without a written
warrant and with or without assistance, and to authorize any officer or
constable of police or special constable to enter, with or without a
written warrant and with or without assistance, and using in either case
force, if necessary, into any dwelling house or other building, and into
any place in which he may supect that any such arms or instruments or
ammunition may be, contrary to the provisions of this ordinance, and
such arms and instruments or ammunition may be seized and confiscated.
(3) every person who is found carrying or having in his possesion
any arms or instruments or ammunition as aforesaid, except such as, in
respect to their nature and quantity and having regard to his profession,
occupation, and station in life, may reasonably be expected, in the
opinion of the Magistrate, to be in his possession, contrary to the provisions
of this Ordinance, shall, on summary conviction before a magistrate, be
liable to a penalty not exceeding two hundred dollars, or to
imprisonment, with or wihtout hard labour, for any term not exceeding
six months, or to both.
10 all persons remaining unlawfully, riotously, or tumuluously
assembled after having been warned by a justice of the peace under
section 8, and all persons found carrying arms contrary to the provisions
of section 9, in either case during the continuance of any proclamation
under this Ordinance, shall be liable to whipping, in place of or in addition
to any other penalty prescribed by this Ordinance.
11 during the continuance of any proclamation under this ordinance,
any justice of the peace may enter, with or without assistance,
or may order any officer or constable of police, or special constable, or
other person to enter, without a warrant and with or wihtout assistance,
using force in either case, if necessary, into any dwelling house or other
building, or into any place into which he may have reasonable cause to
suspect that persons lately riotously assembled or engaged on any unlawful
purpose have made their escape or in which he may have
reasonable cause to suspect that persons about to break the peace are
assembled, and may apprehend and take into custody the said persons;
and every person so arrested may be detained until he can be conveniently
brought before a Magistrate to be dealt with according to law.
12 every person who, during the continuance of any proclamation
under this Ordinance,-
(1) unlawfully combines to procure a stoppage of the sale or transit
from place to place of provisions or other articles; or
(2) unlawfully combines to procure shopkeepers, dealers, or other
persons to discontinue the sale or transit from place to place of
provisions or other articles; or
(3) prevents or endeavours to prevent any person from purchasing
or from being supplied with any such articles,
shall, on summary conviction before a Magistrate, be liable to a penalty
not exceeding fifty dollars, or to imprisonment, with or without hard labour,
for any term not exceeding three months, or to both.
PART III.
MISCELLANEOUS PROVISIONS.
13-(1) whenever, during the continuance of nay proclamation
under this ordinance, it is represented by the captain superintendent of
police to the Governor-in-Council, on written information, that the removal
from the Colony of any person, not a natural-born subject of
her majesty, whether such person has been naturalized under the provisions
of any colonial ordinance or not, is necessary for the public safety, it
shall be lawful for the Governor-in-Council, if it appears to him, ater
making such inquiry as to him may seem sufficient, to be necessry for
the public safety that such person should be banished from the colony,
issue an order banishing such person from the colony, in such man-
ner as to the Governor-in-Council may seem expedient; and the Governor-in-Council
may take such steps as may be necessary for carrying inti effect
the said order of banishement in the manner prescribed.
(2) any person so ordered to be banished may be detained, by order
of the governor, in any place or on board any ship in the waters of the
Colony, pending the carrying into effect of the order of banishment, and
if he is found in the Colony after the time fixed for his departure in the
order of banishment, (which shall in no case be less than even days
from the date of the order), he may be arrested without warrant by any
justice of the peace or officer or constable of polcie, and shall, on being
brought before a magistrate, be liable to a penalty not exceeding five
hundred dollars, and shall be liable to be detained in such prison or
place on shore, or on board such ship, inthe colony, as the governor
may appoint, until his banishment from the colony can again be carried
out in the manner hereinbefore provided.
(3) if it appears that any person so ordered to be banished is a
natualized british subject as aforesaid, the order of banishment shall
further declare the status of anutralization of such person to be suspended,
such suspension being suject to confirmation or disallowance by her
majesty, through one of her majesty's principal secretaries of state,
and the confirmation or disallowance of such order shall be published
in the gazette.
(4) every order of banishment made under this ordinance shall be
forthwith reported by the governor to her majesty's principal secretary
of state for the colonies.
(5) the provisions of this section shall not be construed to limit any
powers in relation to banishment conferred on the Governor-in-Council
under the banishment and conditional pardons ordinance, 1882.
14 no person acting in good faith under the provisions of this
ordinance shall be liable in damages or otherwise for any act done by
him in pursuance of the obligation and duty imposed, or reasonably
supposed to be imposed, on him by this ordinance.
SCHEDULE.
FORMS.
FORM NO.1
Summons.
To
WHEREAS His Excellency the governor has authorized the appointment of special
constables in this colony, and whereas you are appointed to be a special constable in this colony: this istherefore to require you to
atteend at the police court in this colony instanter,[or at o'clock on
day, the day of , I , there to be enrolled as a
special constable, under the peace preservation ordinance, 1886; and herein
fail not.
given at this day of , I .
(signed)
magistrate.
FORM NO.2
Warrant.
Captain Superintendent of Police and all Police Officers.
WHEREAS His Excellency the Governor has authorized the appointment
of special constables in this Colony, and whereas A.B. has been appointed
to bring before a police magistrate in this Colony the said A.B. instaner
[or as the casue may be ] to be enrolled as a special constable, under the
peace preservation ordinance, 1886.
given at this day of I .
(signed)
magistrate.
A.D. 1886. Ordinance No. 15 of 1886, with Ordinance No. 18 of 1890 incorporated. Short title. Power to Governor to appoint special constables in case of tumult, etc. 1 & 2 Will. 4 c. 41 s. 1. Schedule: Form No. 1; Form No. 2. Powers of special constable. Ib.s.5. See Ordinance No. 11 of 1900. Punishment for refusing to appear as special constable. Ib.s.7. Punishment for refusing to act as special constable. 1 & 2 Will. 4 c 41 s. 8. Power to Governor-in-Council to issue proclamation. Power to call for assistance from by-standers. Dispersion of ritous assembly. Carrying arms, etc. Punishment of whipping in certain cases. See Ordinance No. 7 of 1901. Power to enter house and to arrest persons. Combination to stop trade. Proceedings for banishment of person in interests of public safety. No. 1 of 1882. Indemnity to person acting under the Ordinance. Section 2. Section 2.
Peace Preservation
AN ORDINANCE to make provision for the Preservation of the APublic Peace.
[2nd June, 1886]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1 This Ordinance may be cited as the Peace Preservation Ordinance, 1886.
PART I.
SPECIAL CONSTABLES.
2 Whenever it appears to the governor that any tumult or riot has taken place or
may be reasonably apprehended, and that the ordinary
officers appointed for preserving the peace are not sufficient for the
preservation of the peace, it shall be lawful for the Governor to authorize
any Magistrate to summon, by writing in the Form No.1 in the Schedule
to this Ordinance, before him, any number of persons resident or being
then within the colony, then and there to be appointed and to act as
special constables within the colony, so long as the said aauthority
remains in force: Provided that it shall be lawful for the said Magistrate, if it
appears to him, upon the oath of any person, that there is
good and sufficient cause to believe that any person intended to be
appointed a special constable is concealing himself in order to avoid
service of the summons or that he is likely to disobey the same, to issue
a warrant, in the Form No.2 in the said Schedule, in the first instance,
for the purpose of bringing before him such person so to be appointed.
3 every special constable shall have the same powers for the preservation of
the peace, the prevention of offences, the apprehension of
offenders, and for all other purposes, and the same privileges, protection,
and immunities, as the members of the Police Force enrolled under the
Police Ordinance for the time being in force, except as to pay and
pension or other reward, and shall be subject to the orders of the
Governor, the Magistrates, the Captain Superintendent of Police, and
any one or more Justices of the Peace for the Colony, who shall be
authorized by the Governor to act in that behalf.
4 any person required to serve as a special constable under this
Ordinance who refuses or otherwise omits, without reasonable excuse, to
appear as a special constable shall, on summary conviction before a Magistrate,
be liable to a penalty not exceeding one hundred dollars, or to
imprisonment, with or without hard larbour, for any term not exceeding
two months, or to both.
5 any person so appointed a special constable, and called upon to
serve, who, without reasonable excuse, refuses or neglects to serve and
to obey such lawful orders and directions as may be given to him for
the performance of the duties of his office, as provided in section 3, shall,
on summary conviction before a Magistrate, be liable to a penalty not
exceeding one hundred dollars, or to imprisonment, with or without
hard labour, for any term not exceeding two months, or to both: Provided
always that no person shall be subject to any penalty under this
secion who is unable to perform the duties of a special constable, by
reason of old age, sickness, or other infirmity, proved to the satisfaction
of the said Magistrate.
PART II.
PROCLAMATION OF THE PEACE.
6 whenever it appears to be necessary for the preservation of the
public peace of the Colony, it shall be lawful for the Governor-in-Council
to declare, by proclamation to be published in The Gazette, that the
Colony shall be subject to the following provisions of this Ordinance;
and every such proclamation shall remain in force until cancelled by
Government Notification published in the Gazette.
7-(1) whenever and wherever the peace is being broken during the
continuance of any proclamation under this Ordinance, it shall be
lawful for th Governor, or the Colonial Secretary, or any Justice of the
Peace to call upon all bystanders and persons in the vicinity to give
their aid in preserving the peace and in apprehending persons breaking
the peace.
(2) Every person who, without lawful execuse, refuses or omits to
give such aid shall, on summary conviction before a Magistrate, be liable
to a penalty not exceeding fifty dollars or to imprisonment, with or without
hard labour, for any term not exceeding three months.
8-(1) whenever any persons are found, during the continuance of
a proclamation under this Ordinance, unlawfully, riotously, or tumultuously
assembled to the disturbance of the peace and to the terror of
Her Majesty's subjects, and Justice of the Peace may, in an audible
voice, warn such persons that they are acting in contravention to law,
and require them to disperse and depart to their habitations or to their
lawful business.
(2) all person remaining so assembled, after such warning, may be
dispersed and taken into custody by any officer or constable of police or
special constable, or by any other person acting under the orders of a
justice of the peace, and shall, on summary conviction before a magistrate, be liable
to a penalty not exceeding fifty dollars or to imprisonment,
with or without hard labour, for any term not exceeding three months.
(3) if any person or persons so warned to disperse is or are hurt,
maimed, or killed in the dispersing, seizing, or apprehending, or the
endeavouring to disperse, seize, or apprehend, the persons hurting, maiming,
or killing him or them shall be free, discharged, and indemnified
from the consequences, except on evidence of gross carelessness, wantonness,
or malcie.
9-(1) during the continuance of any proclamation under this
Ordinance, it shall not be lawful for any person, unless i nthe employment of
Government or unless authorized thereto by the Governor, to
carry on his person, or have in his possession, any arms or instruments
capable of being used as offensive arms, unless they are the tools of his
trade or unless he can show that they are intended to be used for some
lawful purpose (of which the burden of proof shall lie on him), or any
ammunition for such arms or instruments.
(2) it shall be lawful for any justice of the peace, acting under the
powers prescribed by section 3, to enter, with or without a written
warrant and with or without assistance, and to authorize any officer or
constable of police or special constable to enter, with or without a
written warrant and with or without assistance, and using in either case
force, if necessary, into any dwelling house or other building, and into
any place in which he may supect that any such arms or instruments or
ammunition may be, contrary to the provisions of this ordinance, and
such arms and instruments or ammunition may be seized and confiscated.
(3) every person who is found carrying or having in his possesion
any arms or instruments or ammunition as aforesaid, except such as, in
respect to their nature and quantity and having regard to his profession,
occupation, and station in life, may reasonably be expected, in the
opinion of the Magistrate, to be in his possession, contrary to the provisions
of this Ordinance, shall, on summary conviction before a magistrate, be
liable to a penalty not exceeding two hundred dollars, or to
imprisonment, with or wihtout hard labour, for any term not exceeding
six months, or to both.
10 all persons remaining unlawfully, riotously, or tumuluously
assembled after having been warned by a justice of the peace under
section 8, and all persons found carrying arms contrary to the provisions
of section 9, in either case during the continuance of any proclamation
under this Ordinance, shall be liable to whipping, in place of or in addition
to any other penalty prescribed by this Ordinance.
11 during the continuance of any proclamation under this ordinance,
any justice of the peace may enter, with or without assistance,
or may order any officer or constable of police, or special constable, or
other person to enter, without a warrant and with or wihtout assistance,
using force in either case, if necessary, into any dwelling house or other
building, or into any place into which he may have reasonable cause to
suspect that persons lately riotously assembled or engaged on any unlawful
purpose have made their escape or in which he may have
reasonable cause to suspect that persons about to break the peace are
assembled, and may apprehend and take into custody the said persons;
and every person so arrested may be detained until he can be conveniently
brought before a Magistrate to be dealt with according to law.
12 every person who, during the continuance of any proclamation
under this Ordinance,-
(1) unlawfully combines to procure a stoppage of the sale or transit
from place to place of provisions or other articles; or
(2) unlawfully combines to procure shopkeepers, dealers, or other
persons to discontinue the sale or transit from place to place of
provisions or other articles; or
(3) prevents or endeavours to prevent any person from purchasing
or from being supplied with any such articles,
shall, on summary conviction before a Magistrate, be liable to a penalty
not exceeding fifty dollars, or to imprisonment, with or without hard labour,
for any term not exceeding three months, or to both.
PART III.
MISCELLANEOUS PROVISIONS.
13-(1) whenever, during the continuance of nay proclamation
under this ordinance, it is represented by the captain superintendent of
police to the Governor-in-Council, on written information, that the removal
from the Colony of any person, not a natural-born subject of
her majesty, whether such person has been naturalized under the provisions
of any colonial ordinance or not, is necessary for the public safety, it
shall be lawful for the Governor-in-Council, if it appears to him, ater
making such inquiry as to him may seem sufficient, to be necessry for
the public safety that such person should be banished from the colony,
issue an order banishing such person from the colony, in such man-
ner as to the Governor-in-Council may seem expedient; and the Governor-in-Council
may take such steps as may be necessary for carrying inti effect
the said order of banishement in the manner prescribed.
(2) any person so ordered to be banished may be detained, by order
of the governor, in any place or on board any ship in the waters of the
Colony, pending the carrying into effect of the order of banishment, and
if he is found in the Colony after the time fixed for his departure in the
order of banishment, (which shall in no case be less than even days
from the date of the order), he may be arrested without warrant by any
justice of the peace or officer or constable of polcie, and shall, on being
brought before a magistrate, be liable to a penalty not exceeding five
hundred dollars, and shall be liable to be detained in such prison or
place on shore, or on board such ship, inthe colony, as the governor
may appoint, until his banishment from the colony can again be carried
out in the manner hereinbefore provided.
(3) if it appears that any person so ordered to be banished is a
natualized british subject as aforesaid, the order of banishment shall
further declare the status of anutralization of such person to be suspended,
such suspension being suject to confirmation or disallowance by her
majesty, through one of her majesty's principal secretaries of state,
and the confirmation or disallowance of such order shall be published
in the gazette.
(4) every order of banishment made under this ordinance shall be
forthwith reported by the governor to her majesty's principal secretary
of state for the colonies.
(5) the provisions of this section shall not be construed to limit any
powers in relation to banishment conferred on the Governor-in-Council
under the banishment and conditional pardons ordinance, 1882.
14 no person acting in good faith under the provisions of this
ordinance shall be liable in damages or otherwise for any act done by
him in pursuance of the obligation and duty imposed, or reasonably
supposed to be imposed, on him by this ordinance.
SCHEDULE.
FORMS.
FORM NO.1
Summons.
To
WHEREAS His Excellency the governor has authorized the appointment of special
constables in this colony, and whereas you are appointed to be a special constable in this colony: this istherefore to require you to
atteend at the police court in this colony instanter,[or at o'clock on
day, the day of , I , there to be enrolled as a
special constable, under the peace preservation ordinance, 1886; and herein
fail not.
given at this day of , I .
(signed)
magistrate.
FORM NO.2
Warrant.
Captain Superintendent of Police and all Police Officers.
WHEREAS His Excellency the Governor has authorized the appointment
of special constables in this Colony, and whereas A.B. has been appointed
to bring before a police magistrate in this Colony the said A.B. instaner
[or as the casue may be ] to be enrolled as a special constable, under the
peace preservation ordinance, 1886.
given at this day of I .
(signed)
magistrate.
A.D. 1886. Ordinance No. 15 of 1886, with Ordinance No. 18 of 1890 incorporated. Short title. Power to Governor to appoint special constables in case of tumult, etc. 1 & 2 Will. 4 c. 41 s. 1. Schedule: Form No. 1; Form No. 2. Powers of special constable. Ib.s.5. See Ordinance No. 11 of 1900. Punishment for refusing to appear as special constable. Ib.s.7. Punishment for refusing to act as special constable. 1 & 2 Will. 4 c 41 s. 8. Power to Governor-in-Council to issue proclamation. Power to call for assistance from by-standers. Dispersion of ritous assembly. Carrying arms, etc. Punishment of whipping in certain cases. See Ordinance No. 7 of 1901. Power to enter house and to arrest persons. Combination to stop trade. Proceedings for banishment of person in interests of public safety. No. 1 of 1882. Indemnity to person acting under the Ordinance. Section 2. Section 2.
Abstract
A.D. 1886. Ordinance No. 15 of 1886, with Ordinance No. 18 of 1890 incorporated. Short title. Power to Governor to appoint special constables in case of tumult, etc. 1 & 2 Will. 4 c. 41 s. 1. Schedule: Form No. 1; Form No. 2. Powers of special constable. Ib.s.5. See Ordinance No. 11 of 1900. Punishment for refusing to appear as special constable. Ib.s.7. Punishment for refusing to act as special constable. 1 & 2 Will. 4 c 41 s. 8. Power to Governor-in-Council to issue proclamation. Power to call for assistance from by-standers. Dispersion of ritous assembly. Carrying arms, etc. Punishment of whipping in certain cases. See Ordinance No. 7 of 1901. Power to enter house and to arrest persons. Combination to stop trade. Proceedings for banishment of person in interests of public safety. No. 1 of 1882. Indemnity to person acting under the Ordinance. Section 2. Section 2.
Identifier
https://oelawhk.lib.hku.hk/items/show/623
Edition
1901
Volume
v1
Subsequent Cap No.
245
Cap / Ordinance No.
No. 10 of 1886
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PEACE PRESERVATION ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed May 11, 2025, https://oelawhk.lib.hku.hk/items/show/623.
