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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/38?output=rss2 Thu, 18 Dec 2025 12:30:13 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[ESSENTIAL SERVICES (AUXILLIARY MEDICAL SERVICE) CORPS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2016

Title

ESSENTIAL SERVICES (AUXILLIARY MEDICAL SERVICE) CORPS REGULATIONS

Description






ESSENTIAL SERVICES (AUXILIARY MEDICAL
SERVICES) CORPS REGULATIONS.
(Cap. 197, section 7).
(Ordinance No. 51 Of 1949).

[22nd December, 1950.]

1. These regulations may be cited as the Essential
Services (Auxiliary Medical Services) Corps Regulations
and shall be read as one with the Essential Services Corps
(General) Regulations, hereinafter referred to as the prin-
cipal regulations.

2. In these regulations-
'Director' means the Director of Medical and Health
Services.

3. There is hereby established as a unit of the Corps
an Auxiliary Medical Service Unit and the Director shall be
the Unit Controller thereof.

4. The principal regulations shall apply to the Auxi-
liary Medical Service Unit with the following modifications-
the powers and duties vested in and to be discharged
by the Commissioner under the principal regula-
tions shall so far as concerns the Auxiliary Medical
Service Unit be exercised and discharged by the
Unit Controller: Provided that for the purpose of
giving effect to this paragraph-
(i) regulation 14 Of the principal shall
be reid as if the words 'on the recommendation of
the Commissioner' had been deleted; and
(ii) sub-regulation (i) of regulation 1,5 shall be
read as if the words 'on the ' recommendation of the
appropriate Unit or Sub-Unit Controller' bad been
deleted therefrorn.

CHAPTER 198.
(Ordinance No. I Of 1874).
FOREIGN RECRUITING.
Aro subsidiary legislation.
G.N.A. 284/50. Citation. G.N.A. 2/50. Interpretation. Establishment of Auxiliary Medical Service Unit. Modification of principal regulations.

Abstract

G.N.A. 284/50. Citation. G.N.A. 2/50. Interpretation. Establishment of Auxiliary Medical Service Unit. Modification of principal regulations.

Identifier

https://oelawhk.lib.hku.hk/items/show/2016

Edition

1950

Volume

V10

Subsequent Cap No.

197

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:48:16 +0800
<![CDATA[ESSENTIAL SERVICES (AUXILLIARY FIRE SERVICE) CORPS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2015

Title

ESSENTIAL SERVICES (AUXILLIARY FIRE SERVICE) CORPS REGULATIONS

Description






FoRm VII. 17.1

Direction by Commissioner to terminate actual
service of inember of the Corps.

I hereby direct that ............................................................
is no longer required to remain on actual service pursuant to the
Order of the Governor made under regulation 17 of the Essential
Services Corps (General) Regulations and published in the Gazette
as G. N. No. A. 2 of 1950.

............. 1
Commissioner, Essential
Services Corps,
Hong Kong.

Date ........................................ 19

THIRD SCHEDULE [r. 21.]

Adaptations and Modifications.

(a) 'Commissioner' shall be substituted for 'Commandant';
(b)'Corps Pay Code' shall be substituted for 'Force Pay
Code';
(c) 'Governor' shall be substituted for 'Governor in Council';
(d) 'grade' shall be substituted for 'rank';
(e)'member of the Corps' shall be substituted for 'officer or
volunteer'.

ESSENTIAL SERVICES (AUXILIARY FIRE SERVICE)
CORPS REGULATIONS.

(Cap. 197, sectiOn 7).
(Ordinance No. 51 Of 1949).

[3rd November, i05o.]

1. These regulations rnay be cited as the Essential
Services (Auxiliary Fire Service) Corps Regulations, and
shall be read as one with the Essential Sen,Ices Corps
(General) Regulations, hereinafter referred to as the principal
regulations.





2. ' In these regulations the Fire Brigade Ordinanue
means the Fire Brigade Ordinance, Chapter 95 of [fie
Revised Edition, and 'Brigade' and 'Thief Officer' shall
have the meanings assigned to thern by, such Ordinance.

3. There is hereby established as a unit of the Corps
;in .~\Lixiliai-), Fire Service Unit and the Chief Officer sliall'
be the Unit Controller thereof.

4. The principal regulations shall apply to the
Auxiliary Fire Sei-vice Unit with the following modifica-
tions-
(a)members of the Auxiliary Fire Servic6 Unit shall
when called out for actual service or under training
or instruction be deemed to lie for all. the purposes
of section 5 of the Fire Brigade Ordinance members
of the Brigade;
(b)any member of the i\uxiiiai-y Fire Service Unit who
is authorized by the Unit Controller to take charge
of the Unit on the occasion of a fire shall have all
the powers conferred on the Chief Officer under
section 5 of the Fire Brigade Ordinance;
(c)'instruction' shall include instruction in extin-
guishing fires and in protecting life and property
during and after a fire, whether given in the
occasion of a fire or otherwise ;
(d)paragraph (c) of sub-regulation (3) of regulation 9
shall be deemed to include the words 'and instruc-
tion' after the word 'training';
(c)the powers and duties vested in and to be discharged
by the Commissioner under the principal regula-
tions shall so far as concerns the Auxiliary Fire
Service Unit be exercised and discharged by the
Unit Controller : Provided that for the purpose of
giving effect to this paragraph-
(i) regulation 14 of the principal regulations shall
be read as if the words 'on the recommendation of
the Commissioner' had been deleted; and
(ii) sub-regulation (i) of regulation 15 shall be
read as if the words 'on the recommendation of the
appropriate Unit or Sitli-Unit Controller' had been
deleted therefrom.
G.N.A. 242/50. Citation. G.N.A. 2/50. Interpretation. (Cap. 95.) Establishment of Auxiliary Fire Service Unit. Modification of principal regulations.

Abstract

G.N.A. 242/50. Citation. G.N.A. 2/50. Interpretation. (Cap. 95.) Establishment of Auxiliary Fire Service Unit. Modification of principal regulations.

Identifier

https://oelawhk.lib.hku.hk/items/show/2015

Edition

1950

Volume

V10

Subsequent Cap No.

197

Number of Pages

2
]]>
Tue, 23 Aug 2011 15:48:16 +0800
<![CDATA[ESSENTIAL SERVICES CORPS (GENERAL) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2014

Title

ESSENTIAL SERVICES CORPS (GENERAL) REGULATIONS

Description






ESSENTIAL SERVICES CORPS.

Subsidiary legislation under this Chapter, with subse-
quent ~i,~iLendments (if any) incorporated, is set out as
follows-
....................................Page
Essential Services Corps (General) Regulations 414
Essential Services (Auxiliary Fire Service) Corps
. Regulations ....................... ... ... ... 424
Essential Services (Auxiliary Medical Services)
Corps Regulations .................. ... ... 426

ESSENTIAL SERVICES CORPS (GENERAL)
REGULATIONS.

(Cap. 197, section 7).
(Ordinance No. 5, Of 1949).

[6th January, 1950.]

1. These regulations may be cited as the Essential
Services Corps (General) Regulations.

2. In these regulations-
'Commissioner' means the person appointed to be Corn-
missioner of the Essential Services Corps under
regulation 3 ;
'Corps' means the Essential Services Corps;
'Corps Pay Code- means the British Pay Code and the
British Pensions Code ~pplicable to the Army as existing
on the first day of January, 1949 : Provided that in
giving effect to this interpretation-
(a)all members of the Corps shall bc deemed to be
locally domiciled;
(b)the grades of members of the Corps shall be deemed
to correspond to ranks in the Army in manner
specified in the First Schedule;
(gemergency' means any occasion upon which all or any
part of the Corps is called out for actual service
in accordance with regulation 17 ;





(equipment' means clothing, armlets, badges, steel
helmets and other appointments being the property of
the Government issued to a member of the Corps;
99essential service' means any service declared to be an
essential service in accordance with the provisions of
section 3 of the Ordinance;
'grade' means a grade to which a member is assigned
under regulation 7 ;
;,instruction' nic~iis a Period of attendance of less than 24
1101Ars' duration at time and place specified by the
Commissioner or a Unit Controller;
1Inieniber of (lie Corps' orineans (lie Commis-
sioner and every person who has enrolled in the Corps
and whose enrolnient has riot been cancelled.,
'Ordin,-.tiice' nicans the Essential Services Corps Ordinance;
'Li-aiiiiiig' iTicans a' period of consecutive attendance of not
less than 24 hours' duration at tirne and place specified
by the Coin m ission er or a Unit Controller;
'Unit' and 'Sub-Unit' mean a sub-division of the Corps
constituted under regulation 8;
'Unit Controllei` or 'Stib-Unit Controller' means a
member of the Corps for-the time being entrusted with
the control of a Unit or Sub-Unit of the Corps tinder
regulation 9.

3. (1) The Corps shall be under the control and
administration of a Commissioner appointed by the Governor
by notice in the Gazette.

(2) For the purposes of such control and administration
Ihe Commissioner rnay-
(a)issue orders as lie may think fit for the general
direction of the Unit or Sub-Units and for routine
duties of the Corps;
(b)assign any member of the Corps, other than a Unit
Controller or Sub-Unit Controller, to any Unit or
Sub-Unit in 'the Corps for any essential service for
which his medical classification and his abilities and
qualifications fit him.

4. (1) Application may be made to the Commissioner
for enrolment as a member of the Corps by any person of
either sex being over the age of sixteen years.





(2) Application shall be made upon completion of a
form provided by the Commissioner.

(3) The Commissioner may in his discretion accept )r
reject any such application.

(4) Upon acceptance of such application an applicait
shall be required to sign a declaration in Form 1 of the
Second Schedule.

(5) Upon such declaration being made an applicant
shall thereupon be enrolled and become a member of the
Corps and a certificate of enrolment in Form 11 of the
Second Schedule shall be signed by the Commissioner and
supplied to the applicant.

5. (1) On enrolment, every member shall be
requested to submit to a medical examination. Every
member so examined shall be classified in one of the follow-
ing categories-
Category W Fit for any type of work.
YY 'B' Fit for light active work.
'C,' Fit for sedentary work combined
with a little active work.
'D' Fit for sedentary work only.

(2) A member who agrees to undergo medical
examination shall be required to sign a statement in Form
Ill of the Second Schedule.

(3) A member who declines to undergo medical
examination, when requested so to do, shall be required to
sign a statement in Form IV of the Second Schedule.

(4) A member who, having agreed to undergo medical
examination fails to pass such examination but continues
to be a member shall be required to sign a statement in 17orm
V of the Second Schedule.

6. The members of the Corps shall be constituted in
six grades ranging from Grade I upwards to Grade VI,
appropriate to the relative degrees of responsibility assumed
or the technical or professional ability required of members
in the performance of the duties assigned to them within
the Corps.





7. (1) The Commissioner shall be a member in Grade
VI of the, Corps.

(2) The Cf--)ininissioi-ier shall assign each other member
to one of the six grades and shall li,,i,,,,e the authority to
transfer members from one grade to another.

8. The Corps shall consist of such Units and * Sub-
Units as inav from litne to lime be foi-ni..,(.1 by the Con]-
missioner.

9. (1) The organization and control of Units and Sub-
Units shall be conducted by Unit arid Sub-Unit Controilers.

(2) Unit and Sub-1Unit Controllers may be appointed
by the (,overn(-~i- front members of the Corps upon the
nomination of the Comi-nissioner.

(3) It shall be the duty of a Unit Controller or Sub-
Unit Controller to supervise and control all duties performed
by the Unit or Sub-Unit under his control and to keep
proper record of all members of the Corps and equipment
appertaining to his Unit or Sub-Unit. For such purposes a
Unit Controller or Sub-Unit Controller may-
(a)issue orders as he may think fit for the direction
of the duties to be perfornied by such Unit or Sub-
Unit;
(b)assign any triernber of ]lis Unit or Sub-Unit to any
duty required to be perfori-ned by the Unit or Sub-
Unit, for which duties the medical classification of
the member and his abilities and qualifications fit
him ;
(c)organize the training of such members as volun-
teer therefor in the duties v~,Iiicli they may be called
upon to perForin.

10. (1) A Unit or Sub-Unit Controller shall report to
the Commissioner any change of particulars provided on
enrolment or his intention to be abs-nt froni the Colony for
any period exceeding seven days ot- any illness of a nature
preventing the performance of actual service.

(2) Any other meniber of the Corps shall report to his
Unit ol- Sul)-Udit Controller any change of particulars
provided upon enrolment ol- ]lis intention to be. absent from





the Colony for any period exceeding seven days or any
illness of a nature preventing tht. performance of actual
service.

11. (1) A member of the Corps may b~ supplied with
such equipment as the Commissioner may deern necessary
for the performance of duties by such member. Any equip-
ment so supplied. shall reniain the proper(y Of the
ment and shali he returned to the Commissioner in oood
order (fair wear and tear only excepted)-
(a) upon Lbe member ceasing to be a inelliber ()i, ille
.Corps;, or
(b)upon the member being called upon so to do by the
Cornmissioner.

(2) If any member, without justifiable reason, fails to
surrender such equipment when required so to do, the valLIC
thereof sriall be recoverable from such ineinber ])v the
Commissioner from any pay or allo~vance. payable t o the
member or as n civil debt.

12. It shall be the duty of every member of the Corps-
(a)at any time, to comply with the lawful directions
of the Con-in-iissioner and the Controller of the Unit
or Sub-Unit to which he is appointed;
(17) to keepequipment in good and serviceable
order;
(c)to return equiprrient to the Commissioner upon
ceasing to be a meniber of the Corps or whenever
called upon so to do by the Cominissiones. or Linit
or Sub-Unit Controller.

13. (f) A member of the Corps (other than a Linit
Controller or Sub-Unit Controller) may, except during .In
emergency, resign membership of the Corps upon-
(a)giving to the Commissioner seven days' notice in
writing of his intention to resign from the Corps;
(b) delivering. up in good order (fair wear and tear only
,excepted) all equipment; and
(c)paying any moneys payable by him in accordance
with these regulations or any other regulations made
under section 7 of the Ordinance.





(2). A Unit Controller ol. Sub-Unit Controller, may,
except during. ~in emergency, resign membership of the
Corps upon-
(a)giving to the Commissioner thirty days' notice ill
writing of his intention to resign froill the Col-PS;
(b)delivering up in good order (fair wear and tear only
excepted) all equipment; and
(c) paying an.Y nioney payable. bv hirn ill accordanct.
witli these regulations ol- ill ' v regulations iii~td(..
under section -, of the Ordinance.

14. The Governor may oil the recommendation of the
Corn missioner terminate the ippointment of a Unit or Sub-
Unit Controller and discharge such a inerinber from the
Col-PS.

15. (1) The Commissioner, who shall he the sole Judge
of the sufficiency of the cause, may, on the recommendation
of the appropriate Unit or Sub-Unii Controller, discharge
from the Corps ails, nicinber other thin a Unit or Sul)-Unit
Controller.

(2) Any rrieniber who feels aggrieved by such discharge
may appeal to the Governor and [lie Governor may wncel
ol- confirni such discharge or give such ollier directions with
reference thereto as lie may decin fit and such detci-iiiiii,,ilioii
shall be binding on all persons.

16. (1) Upon the death of a rnembel- or the resignallon
or discharge of a nien-iber from membership of the Corps
the Commisslowr sliall cause the enrolment of such rnernber
to be cancelled.

(2) Ill the case of the resignation or discharge of a
member a certificate of cancellation ill Form VI of the
Second Schedule sliill be signed bY the Commissioner and

17. (1) Oil an ' v occasion upon which the Governor may
consider ilhat enier ' gency so requires the Governor may by
Order published in the Gazette, call out for actual service
all or any part of the Corps.





(2) A rly mernber so called oil( sliall be boutid to attelld
at such places and perform such duties as may be assigned
to him by the Commissioner or a Unit or Sub-11rlit
Controller.

(3) Any member so called out shall be deerried to be
engaged on actual service frorn the tinie at which lie reports
at the place assigned 1) ' s, the Coninlissioller or b\' a [!lilt or
Sub-Unit Controller.

(4 ) A member who has been called out shall remain on
actual service mitil an Order of (heIs jila(le alld
notified by publication in the Gazette declaring the period
of actual service of the Corps, ol- of the. part of the Corps to
which such meniber belongs to be at an end.

(5' Notwithstanding the provisions of paragraph (4) Of
this regulation it shall be 1,1WfLil for the Corni-nissioner,
although notification as provided by, paragraph (4) 1 s 1
been made, to direct any rrieniber of the Corps that lie is no
longer.required to rciii,,.iin on actual service. On receipt of
such direction, which shall be made in Form VII of the
Second Schedule, such ri-iernber shall, for all purposes, be
deemed to cease to be on actual service in like niamier as if
notification as provided by paragraph (4) had been made.

.(6) A. mernber who has been so called out and who has
reported for duty in accordaiwe with pnt-.igi-apli (2), may,
if the exigencies of duty permit and good reason- is shown,
be granied leave at the discretion Of tile G(.)111111issl(tlel, (1,
a Unit or Sub-Unit Controller to attend to private affairs
subject to immediate re-call. When such leave is granted
and taken the Commissioner (notwithstanding. the provisions
of paragraph W) may in writing direct-
(a)that during any such period of leave a rneinber shall
be deemed not to be on actual service ; ol-
(b)that appropriate deduclion be made in respect of
arty such period of leave. from any pay or
payable to SLICII member.

18. A member of the Corps when called out for actual
service or under trainine, shall receive pay appropriate to his
grade at the rate prescribed in the Corps Pa), ~ocle and
in addition shall receive a cost of living allowance at the
percentage rate appropriate to a Government servant dl-~t~vin(,
b





equi.\,al(..iit pay as basic salary subject nevertheless to a
minimum rate to be fixed by the Governor : Provided that,
for the purpose of calculating such cost of living allowance
basic salaxy shall relate to pay of the mernher as a single
and not as a married person.

19. A member ol' the Corps when called out for actual
service shall be entitled to free rations as supplied by the
Corps.

20. A member of the Corps who, when called out for
actual service or in training or ulider instructioi s st il
a wound or injur or contracts all illness, which, in the
opinion of a medical officer is attributable to or aggravated
by such service, shall be granted free- hospital and medical
treatment in Government hospitals and during the period
of such treatment and until cancellation of the enrolment of
such member shall recelve full pay and allowances payable
to such mernber.

21. Pension, gratuity or allowance in respect of death
ot. disability sustained by a niernber when callcd out for
actual service or in training or under instructi-on which is
attributable to or aggravated by such service shall be payable
to the like extent and subject to the same conditions as are
specified i il section .6 of. the liong Kong Defence Force
Ordinance, which section shall be deemed to form a part
of these regulations subject to the adaptations and modifica-
tions contained in the Third Schedule.

FIRST SCHEDULE. [ r. 2.1

CORPS PAY CODE.

Correspondence of grades of members of the
Corps to ranks in the Army.

Grade 1 Private.
Grade II Corporal.
Grade III StafT Sergeant.
Grade IV Lieutenant.
Grade V Captain.
Grade VI Major.





SECOND SCHEDULE.

FORM 1. 4.]

Declaration of Applicant upon acceptance
for membership.

I . ..................do hereby declare that
1 will serve with the Essential Services Corps whenever and in
whatever capacity I am called upon to do so in accordance with the
provisions of the Essential Services Corps Ordinance (Chapter 197
of the Revised Edition), and regulations made thereunder.

......................................
Signature of Member.

...
Date.

FORm II. [r. 4.1

Certificate of Enrolment.

1 certify that .....................................................................
has this day been enrolled as a member of the Essential Services
Corps.

......................
Commissioner, Essential
Services Corps,
llong Kong.

Date ..........19

FORm 111. 5.]

Declaration of agreement to undergo Medical Examination.

I . ......................do hereby declare
that 1 will submit myself to medical examination when requested
so to do by the Commissioner, Essential Services Corps.

....................................... .................................... 1
Signature of Witness. Signature of Member,

................
Date. Date.





FORm IV. [r. 5.1

Declaration of member declining Medical Examination.

I . ......................do not desire to
undergo medical examination. I understand that in the event o
application by me for disability pension or of application by my wife
child or other dependant for pension or allowance on the ground
that my death is due to injury or illness attributable to or aggravated
by my service in the Corps, a Medical Board may report that it i
unable to make recommendation because of the absence of informa
tion regarding my medical condition prior to enrolment or being,
called out for actual service.

................
Signature of Witness. Signature of Member.

................
Date. Date.

FORM Y. 5.]

Declaration of Member who has hot passed the
Medical Examination.

I ................................................................................. ...........................
understand that in the event of application by me for disability
pension, or of application by my wife, child or other dependant for
pension or allowance on the grounds that my death was due to illness
attributable to or aggravated by my service in the Corps, a Medical
Board may report that it is unable to make recommendation because
of my medical condition prior to being called out for actual service.

................ ......1
Signature of Witness. Signature of

................................................
Date. Date.

FORM VI. [r. 16.1

Certificate of cancellation of enrolment.

1 certify that the enrolment of ..........................................
as a merfiber of the Essential Services Corps has been cancelled with
effect from.the ............ day of ............................ 19

................. .....................
Commissioner, Essential
Services Corps,
Hong Kong.
Date......................................... 1-9





FoRm VII. 17.1

Direction by Commissioner to terminate actual
service of inember of the Corps.

I hereby direct that ............................................................
is no longer required to remain on actual service pursuant to the
Order of the Governor made under regulation 17 of the Essential
Services Corps (General) Regulations and published in the Gazette
as G. N. No. A. 2 of 1950.

............. 1
Commissioner, Essential
Services Corps,
Hong Kong.

Date ........................................ 19

THIRD SCHEDULE [r. 21.]

Adaptations and Modifications.

(a) 'Commissioner' shall be substituted for 'Commandant';
(b)'Corps Pay Code' shall be substituted for 'Force Pay
Code';
(c) 'Governor' shall be substituted for 'Governor in Council';
(d) 'grade' shall be substituted for 'rank';
(e)'member of the Corps' shall be substituted for 'officer or
volunteer'.

ESSENTIAL SERVICES (AUXILIARY FIRE SERVICE)
CORPS REGULATIONS.

(Cap. 197, sectiOn 7).
(Ordinance No. 51 Of 1949).

[3rd November, i05o.]

1. These regulations rnay be cited as the Essential
Services (Auxiliary Fire Service) Corps Regulations, and
shall be read as one with the Essential Sen,Ices Corps
(General) Regulations, hereinafter referred to as the principal
regulations.
G.N.A. 2/50. G.N.A. 164/50. Citation Interpretation. (Cap. 197.) Appointment of Commissioner. Powers. Enrolment. [r. 4 cont.] Medical examination of members of the Corps. G.N.A. 164/50. Grading of members of the Corps. Grading of members. Formation of Units and Sub-Units. Appointment of Unit and Sub-Unit Controllers. Duties and powers. [cf. G.N.A. 242/50]. Absence from the Colony and change of address. [r. 10 cont.] Equipment. Duties of members of the Corps. Resignation from membership of Corps. Termination of Appointment of Unit Controller, and discharge. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50]. Discharge from membership of the Corps. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50] Cancellation of enrolment. Calling out for actual service. [r. 17 cont.] Pay and allowances. Rations. Medical attention. Pensions. Disabled members. Widows. (Cap. 199.) G.N.A. 164/50. G.N.A. 242/50. Citation. G.N.A. 2/50.

Abstract

G.N.A. 2/50. G.N.A. 164/50. Citation Interpretation. (Cap. 197.) Appointment of Commissioner. Powers. Enrolment. [r. 4 cont.] Medical examination of members of the Corps. G.N.A. 164/50. Grading of members of the Corps. Grading of members. Formation of Units and Sub-Units. Appointment of Unit and Sub-Unit Controllers. Duties and powers. [cf. G.N.A. 242/50]. Absence from the Colony and change of address. [r. 10 cont.] Equipment. Duties of members of the Corps. Resignation from membership of Corps. Termination of Appointment of Unit Controller, and discharge. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50]. Discharge from membership of the Corps. [cf. G.N.A. 242/50]. [cf. G.N.A. 284/50] Cancellation of enrolment. Calling out for actual service. [r. 17 cont.] Pay and allowances. Rations. Medical attention. Pensions. Disabled members. Widows. (Cap. 199.) G.N.A. 164/50. G.N.A. 242/50. Citation. G.N.A. 2/50.

Identifier

https://oelawhk.lib.hku.hk/items/show/2014

Edition

1950

Volume

V10

Subsequent Cap No.

197

Number of Pages

11
]]>
Tue, 23 Aug 2011 15:48:15 +0800
<![CDATA[ESSENTIAL SERVICES CORPS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2013

Title

ESSENTIAL SERVICES CORPS ORDINANCE

Description






CHAPTER 197.
ESSENTIAL SERVICES CORPS.

To provide for the establishment of an Essential Services
Corps.
[9th December, 1949.]

1. This Ordinance may be cited as the Essential
Services Corps Ordinance.

2. In this Ordinance-
'Corps' means the Essential Services Corps
'essential service' means any service declared to be an
essential service in accordance with the provisions of
section 3 ;
'member of the Corps' or 'member' means every person
who has enrolled in the Essential Services Corps and
whose enrolment has not been cancelled.

3. (1) The services specified in the Schedule shall be
essential services to which the provisions of this Ordinance
apply.
(2) The Governor may, from time to time, by order
published in the Gazette, make addition to the Schedule.

4. It shall be lawful for the Governor to raise and
maintain a body, of persons by voluntary enrolment, to assist
in the maintenance or the performance of essential services,
to be known as the Essential Services Corps, consisting of
such persons as may, in accordance with regulations made
by the Governor or under the provisions of any enactment,
undertake to serve therein, and be accepted for service in
such Corps.

5. The Corps may be raised and maintained at the
expense of the Colony out of moneys provided by the
Legislative Council.

6. The Corps may consist of such units or sub-units
as may be prescribed and upon the formation of one or more
such units the Corps shall be deemed to be established under
the provisions of this Ordinance.

7. (1) The Governor may by regulations provide in
genera) for any matter relating to the Corps and in particular
for---





(a)the procedure for enrolirient in the Corps and for
cancellation of enrolment;
(b) the period for which persons inay be enrolled;
(c)the organization including sub-division and govern-
ment of the Corps and the discipline of its members;
(d)the duties and obligations attaching to membership
of the Corps and the powers, privileges, pay and
benefits conferred by membership;
(e)the training of members of the Corps and the
provision of clothing, equipment and other stores;
and --
the calling out of members for actual service.

(2) Any regulations so rnade may apply either to the
Corps as a whole or to any unit or sub-unit of the Corps:
Provided that no regulation shall require a member, unless
called out for actual service, either to give full-time service
or to live away from his home.

8. Every member of the Corps authorized in that behalf
by regulations made under section 7 shall, when called out
for actual service, 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 sarne privileges,
protection and immunities as the members of the police
force except as to pay and pension or other reward. In
addition to these powers the Governor mav, by regulations
made under section 7, confer on members of the Corps
authorized as aforesaid, when called out for actual service,
such further powers as the Governor may deem necessary
for the proper performance of their duties.

9. Every member of the Corps who, in good faith,
purports to act in the exercise of any power conferred by
sections 7 and 8 hereof, shall be and is hereby indemnified
and discharged from any indictment, penalty, action or other
proceeding for so doing.

10. Every person who, at the date of the commencement
of this Ordinance, is a member of the Essential Services
Wing of the Auxiliary Force of the Defence Force shall be
deemed to be a member of the Corps unless he elects to
continue to serve in the Defence Force.





11. (1) Any person, not being a member of the Corps
who-
(a) has in his possession any article being part of the
clothing, accoutrements or appointments supplied to
any
member of the Corps and is not able satisfac-
torily to account for his possession thereof;
(b) puts on the dress or takes the name, designation
or character of any member of the Corps for the
purpose of thereby obtaining admission into any
house or other place or of doing or procuring to be
done any act which any such member would be
entitled to do or procure to be done of his own
authority, or for any other unlawful purpose;
shall, in addition to any other punishment to which he may
be liable for such offence, be liable on summary conviction
to a fine of five thousand dollars and to imprisonment for a
term of two years.

(2) If any person knowingly buys or takes in exchange
or in pawn from any member of the Corps or any person
acting on his behalf, or solicits or entices any such member
to sell or pawn any article being part of the clothing,
accoutrements or appointments supplied to any member of
the Corps, such person shall be liable, on summary convic-
tion, to a fine of five thousand dollars and to imprisonment
for a terin of two years.

SCHEDULE [s. 3.]

The administration of government;
The administration of justice;
The administration of the prisons;
The control and operation of civil aviation;
The dissemination of information to the public;
The extraction and distribution of coal-gas;
The generation and distribution of electricity;
The maintenance of facilities for banking and public finance;
The maintenance of communications including telecommunica-
tions and the postal service;
The maintenance of the firefighting services;
The maintenance of medical, health and sanitary services;
The operation of land and water transport;
The operation of the Poyt.,
The operation of the Royal Observatory;
The performance of emergency public works;
The procurement storage and distribution of foodstuffs;
The procurement storage and distribution of lubricating and
fuel oils;
The procurement storage and distribution of government stores;
The storage and distribution of fresh water.
51 of 1949. Short title. Interpretation. Essential services. Application of Ordinance. Power of Governor to raise the Corps. Financial provision. Establishment of Corps. Power of Governor to make regulations. [s. 7 cont.] Powers, etc. , of member of the Corps. Indemnity. Transfer of members of Essential Services Wing of the Auxiliary Force. Improper possession of arms or clothing, or assumption of character of member of the Corps.

Abstract

51 of 1949. Short title. Interpretation. Essential services. Application of Ordinance. Power of Governor to raise the Corps. Financial provision. Establishment of Corps. Power of Governor to make regulations. [s. 7 cont.] Powers, etc. , of member of the Corps. Indemnity. Transfer of members of Essential Services Wing of the Auxiliary Force. Improper possession of arms or clothing, or assumption of character of member of the Corps.

Identifier

https://oelawhk.lib.hku.hk/items/show/2013

Edition

1950

Volume

v4

Subsequent Cap No.

197

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:15 +0800
<![CDATA[DEFENCES (FIRING AREAS) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2012

Title

DEFENCES (FIRING AREAS) ORDINANCE

Description






CHAPTER 196.

DEFENCES (FIRING AREAS).

To regulate practice firing from Hong Kong defences and
for clearing of certain sea areas in connexion therewith.

[1st July, 1937.]

WHEREAS it is necessary, from time to time, to carry out
practice firing with projectiles from sorne or all of the
defences of Hong Kong, and it is necessary to make
provision for the safety of shipping and all persons who
may be affected thereby :

1. This Ordinance may be cited as the Defences (Firing
Areas) Ordinance.

2. In this Ordinance-
'aircraft' includes all balloons (whether fixed or free), kites,
gliders, airships, aeroplanes, seaplanes, flying boats and
other flying machines;
'Commander, Kowloon Area' means the officer for the tirne
being in command of the military forces stationed in
Kowloon and the New Territories or the officer for the
time being commanding Royal Artillery, Hong Kong;
t(gun site' includes any gun site on land within the Colony
or any gun sited upon any vessel operating within -the
Colony or its territorial waters;
'vessel' includes ship, yacht, lighter, junk, boat and craft
of every kind, aiid whether navigated by steam, inotor,
sail, oars or otherwise.

3. Subject to the provisions of this Ordiriance practice
firing may take place frorn any gun site over all or any of the
firing areas described in the First Schedule : Provided that
when any vessel or aircraft is within danger in or over any
such firing area, all firing within or over that area shall cease.

4. (1) A provisional programme of firing froin gun
sites shall be circulated at the commencement of every quarter
by the Commander, Kowloon Area, in respect of Firing
Area B, to the persons enumerated in the Second Schedule,
such programme being subject to alteration froni time to time
if necessitated by inllitary requirements,





(2) Such officer shall supply to such persons as many
charts, showing the firing area, as they may require.

(3) Such officer shall also cause to be published notice
of intended practice firing in or over Firing Area B at least
seven clear days before the date on which the firing is to take
place and shall supply to the persons enumerated in the
Second Schedule as many copies of such notice as they may
require, and, in regard to Firing Area B, shall deliver not
less than seven clear days before the firing commences, copies
of such notice to such persons as the District Commissioner
may specify.

(4) Such notice shall contain warnings to masters of
vessels or pilots of aircraft exempt from the operation of this
Ordinance under section io, to assist the carrying out of the
firing practice by hastening throuch the firing area affected
or by consenting to be towed out of such area, if necessary,
by any vessel acting under the orders of the local military
authorities.

(5) The Commodore Superintendent, Hong Kong, shall
cause to be published notice of intended practice firing in or
over Firing Area A at least seven clear days before the date
on which the firing is to take place and shall supply to the
persons enumerated in the Second Schedule as many copies
as they may require and shall deliver not less than seven clear
days before firing commences copies of such notices to such
persons as the Director of Marine may require.

(6) No practice firing under the provisions of this
Ordinance shall take place on any day which is a general
holiclay by virtue of the Holidays Ordinance : Provided that
practice firing may take place over the Port Shelter Range
described as Firing Area B in the First Schedule hereto on
any d ay which is not a Wednesday or a Sunday.

5. Notice that firing is about to take place or is taking
place in any of the firing areas, shall be given in the man-
ner specified iii the Third Schedule.

6. While notice that firing is taking place over any of
the firing areas is given by the hoisting or display of the
signals as provided under section 5, then in respect of the
arens afTecled by Ille snid notice-





(a)no person shall enter or remain within the area, nor
bring, take or suffer to remain therein any vessel,
aircraft or thing, except as provided in section io;
(b) no vessel shall be employed in fishing in the area;
(c) no pleasure boat shall cruise in the area;
(d)no vessel shall anchor or remain anchored in or
ground on the area;
(e)no aircraft shall alight on, remain in or travel upon
the area;
in the event of any vessel or aircraft being froni any
cause within the area, the master or pilot or other
person in charge thereof shall use his utmost
endeavours to pass out of the area without loss of
time.

7. No person shall trawl, dredge or search for or other-
wise interfere with any shot, shell or other projectile or
portions thereof within any of the firing areas, or take or
retain, or be in possession of, any such shot, shell or otlier
projectile, or portions thereof, found within any of such areas.
Any person who, when trawling, dredging, or in any
manner whatsoever, shall come into possession of any such
shot, shell or other projectile, or any portion thereof, within
any of the areas, shall not retain it, but shall immediately
return it in its existing condition, and without tampering
with it, into the water : Provided, nevertheless, that the
provisions of this section shall not apply in cases of persons
who recover projectiles under written instructions froni the
local naval or military authorities.

8. (1) Any person doing anything prohibited by or
otherwise contravening section 6 or 7 shall be deemed to
commit an offence.
(2) If any person commits an offence against this
Ordinance he shall be liable on summary conviction
to a fine of two hundred and fifty dollars, and mav
be removed by any officer authorized by section 9 from
the areas to which the Ordinance applies, and taken into
custody without warrant, and brought before a magistrate to
be dealt with according to law, and any vessel or thing found
in the areas in contravention of this Ordinance may be
removed by such officer as aforesaid and on due proof of
such contravention may be declared by a magistrate to be
forfeited to His Majesty.





9. The following officers are hereby authorized to
remove or to take into custody without warrant any person
contravening section 6 or 7, or to remove any vessel, aircraft
or thing found on any area affected-
(a) the officer in charge of the gun sites, that is to say,
the Commander, Kowloon Area;
(b) any officer, warrant officer, non-commissioned officer
or military policeman, for the time being under the
command of the said officer in charge of the gun
sites ;
(c) any person authorized in writing under the hand
of the said officer in charge of the guil sites; or
(d) any police officer.

10. (1) This Ordinance shall not apply to-
(a) any ship or aircraft entering or passing through the
areas affected in the ordinary course of navigation
from one port to another except where such vessel
is engaged in firing practice from a gun site;
(b) any vessel or aircraft compelled to enter or unable to
quit the areas affected by reason of the exigencies of
navigation;
(c) any vessel or aircraft when racing, provided due
notice of the racing fixture lias been given not less
than forty-eight hours previously to the.Commander,
Kowloon Area;
(d) any vessel employed in tending, placing or replacing
mark buoys or other aids to navigation within the
areas affected ;
(e) His Majesty's ships of war or aircraft, or any vessel
or aircraft employed under Admiralty, War Office,
or Air Council authority or tinder the Government
of the Colony.

(2) In this section the word 'ship' has the same
meaning as in the Merchant Shipping Ordinance, 1899.

11. The Governor in Council may by order signified
in the Gazette amend the Schedules to this Ordinance in any
manner whatsoever provided that no amendment of the firing
areas shall extend any such area beyond the Colony and its
territorial waters. [10A]





FIRST SCHEDULE. [s. 3.]

FIRING AREAS.

Note-(1) All latitudes are N. and longitudes E. Latitudes and
longitudes taken from Admiralty Charts Nos. 3429, 1466, 3605, 3280,
3279, 3612 and 1180, but longitudes from Charts Nos. 1180, 3612
and 3605 have been decreased by 9'.

(2) Map references in Firing Area B are taken from the revised
edition (1938) of the 1: 20,000 map, sheets 16 and 20.

(a) FIRING AREA A-
The area included in this firing area is bounded as follows-
By a line starting from high water mark at western end of Stone-
cutters Island (latitude 22' 19' 15'-longitude 114' 07 46'), thence
across to Green Island (latitude 22' 17' 15'-longitude 114' 06' 36'),
thence across to eastern shore of Lantau at latitude 22' 17 45'-
-longitude 114' 01' 23', thence following high water mark along the
eastern shore of Lantau to latitude 22' 20' 13'-longitude
114' 06' 20', thence across to Chung Hue at latitude 22' 19' 42-
longitude 114' 05' 26-, thence following high water mark along the
southern shore of Chung Hue to latitude 22' 20' O0 -longitude
114' 06' 20, thence along the eastern shore of Chung Hue to latitude
22' 20' 37'-longitude 114' 03' 26, thence to the island at latitude
22' 20' 46'-longitude 114' 07' 15', thence to Stonecutters Island at
latitude 22' 19' 37'-longitude 114' 08' 05', thence along the shore
of Stonecutters Island westwards to starting point.
(b) FIRING AREA B-
The area included in this firing area is bounded as follows-
By a line starting at a point on the high water mark in
Portshelter map reference 668067 (latitude 22' 20' 57' longitude
114' 15' 53') thence in a direction 075' to point 79 map reference
701076 (latitude 22 21' 22' longitude 114' 17' 38) on the South
end of the island known as Kiu Tsiu Chau (Sharp Island) thence
in a direction 045' to the North West point of Urn Island map
reference 729103 (latitude 22o 22' 41' longitude 114' 19' 08') thence
along the high water line round the East of the island to the South
East point map reference 738090 (latitude 22' 22' 20' longitude
114* 19' 36') thence in a direction 154' to map reference 755054
(latitude 22' 20' 1W longitude 114' 20' 3V) thence in a direction
100' to North shore on islet map reference 782049 (latitude 22'
19' 58' longitude 114' 21' 57') thence in a direction 054' to map
reference 807067 (latitude 22' 20' 48' longitude 114', 23' 18')
thence in a direction 141 to map reference 824046 (latitude 22'
19' 45' longitude 114* 24' 10) thence in a direction 205 to South
East extremity of East Ninepin Island map reference 787969
(latitude 22* 15' 57' longitude 114' 22' 06) thence in a direction
263' to map reference 749964 (latitude 22' 15' 47' longitude 114'
20' 05') thence in a direction 301' 30' to map reference 703992
(latitude 22' 17' 13' longitude '114' 17 3V) thence in a direction
347' to a point on the high water mark map reference 697018
(latitude 22' 18' 31' longitude 114' 17 22') thence along high
water mark to map reference 695030 (latitude 22' 19' OY' longitude
114' 17' 17') thence in a straight line to a point on the high
water mark map reference 685034 (latitude 22* 19' 18' longitude
114' 16' 43') thence along high water mark to the starting point.





(c) FIRING AREA C-
The area included in this firing area comprises the greater are
of the Castle Peak Peninsula and is bounded as follows-
By a line from latitude 22* 24' 32', longitude 113' 54' 47
southwards to latitude 22' 23' 38' thence south south eastward
and east of Nam Long to latitude 22' 22' 28', longitude 113
55' 17', thence south eastwards to latitude 22' 22' 02' 9 longitud
113' 55' 46', thence north eastwards to latitude 22 22' 27'
longitude 113` 56' 43', thence north north eastwards to latitud
22' 22' 51', longitude 113' 56' 51, thence north westwards t
latitude 22' 23' 13' longitude 113' 56' 35, thence northwards to
latitude '22 23' 40: longitude 113' 56' 38', thence northwards to
latitude 22' 25' 18', longitude 113' 57' 05', thence south westward
to latitude 22' 24' 25', longitude 113' 55' 30, thence westward
to starting point.

SECOND SCHEDULE. [s. 4.]

LIST OF PERSONS TO BE SUPPLIED WITH PROGRAMMES,
NOTICES AND CHARTS.

Colonial Secretary,
Director of Public Works,
Director of Marine,
Commissioner of Police,
Director of Civil Aviation,
District Commissioner, New Territories,
Commander-in-Chief, British Pacific Fleet,
General Officer Commanding, Hong Kong,
Commodore Superintendent, Hong Kong,
Air Officer Commanding, Hong Kong,
Secretary, Royal Hong Kong Yacht Club.

THIRD SCHEDULE. [s. 5.] G.N.A. 219/49.
G.N.A. 43/50.
FIRING SIGNALS.

1. Notice that firing is taking place in any firing area shall
be given by the hoisting or display of the signals hereinafter
mentioned.
2. Such signals, when firing by day, shall be displayed two
hours before firing is due to commence.
3. Such signals, when firing by night, shall be displayed two
hours before sunset.
4. In all cases signals shall remain displayed until firing has
ceased, and shall then be hauled down or extinguished.





5. In respect of firing by day the signals referred to in
paragraph 1 above are-

(a) for Firing Area A-
(i) by a red flag flown at the gun site concerned;
(ii) by a large red flag on the range target towing vessel.
The display of this flag is a signal that the target is ready to
be, or is being, fired at;
(iii) by a red flag, with, below it, the International Code Flag
'A' flown from Green Island typhoon signal mast.
(b) for Firing Area B-
(i) by a red flag flown at the gun site concerned;
(ii) by a large red flag on the range towing vessel. The
display of this flag is a signal that the target is ready to be,
or is being, fired at;
(iii) by a red flag, with, below it, the International Code Flag
'B', flown from a point on the main road nearest to each gun
site and from the old Sai Kung police station flag pole (map
reference 671102) and from the old observation post, hill '163'
(map reference 717003) and from such points as the District
Commissioner may require on the following islands-
Bluff Island (map reference 765033),
Town Island (map reference 778056),
Urn Island (map reference 731101);
(iv) during anti-tank firing only, by a red flag flown on flag-
pole overlooking Ngam Tau Sha (map reference 69150315) and a
red flag flown on flagpole near the road (map reference 70350160)
and a red flag flown on flagpole near the jetty on Tung Lung
Island (map reference 69559540).

(c) for Firing Area C-
(i) by a red flag flown at each gun site;
(ii) by a red flag flown at Castle Peak (map reference
314109) unless the District Commissioner gives permission to the
military authorities to dispense with this flag;
(iii) by a red flag flown from a launch patrolling the coast
between Tap Siak Kok (map reference 274097) and Black Point
(map reference 256129);
(iv) by a red flag flown from,a flag pole at a point between
Nam Long Village and the boundary of Firing Area C (map
reference 284114);
(v) by a red flag flown from such other position or positions
as may be agreed upon, from time to time, by the District Com-
missioner and the military authorities.

6. In respect of firing by night the signals for Firing Areas
A, B and C are-
(i) by a red lamp hoisted at the gun site concerned;
(ii) by such signals or warnings as may appear suitable and
practicable to the District Commissioner and the military authorities.
1 of 1936. 50 of 1936. 26 of 1946. 7 of 1948. 38 of 1949. 7 of 1950. 24 of 1950. Short title. Interpretation. 50 of 1936, s. 2. 7 of 1948, s. 2. 7 of 1948, s. 2. 38 of 1949, s. 12. Authorized firing areas. First Schedule. 7 of 1948, s. 3. Firing programme and notices. 7 of 1948, s. 4. Second Schedule. (Cap. 149) 7 of 1950, s. 2. Firing signals. Third Schedule. 7 of 1948, s. 5. Offences while firing signals are displayed. [s. 6 cont.] Offences and provisions relating to the recovery of projects. Penalty for offences. 55 & 56 Vict, c. 43, s. 17(2). 26 of 1946, Schedule. Officers authorized to arrest or remove trespassers, etc. 7 of 1948, s. 9. Exemptions. 50 of 1936, s. 3. 26 of 1946, Schedule. 7 of 1948, s. 10. 38 of 1949, s. 12. (10 of 1899.) Power of Governor in Council to amend Schedule. 50 of 1936, s. 4. 24 of 1950, Schedule. 7 of 1948, s . 7. G.N.A. 219/49. G.N.A. 43/50. 7 of 1948, s . 7. G.N.A. 219/49. G.N.A. 43/50. Signals for day and night firing. [Third Sch, cont.] Firing by day. Firing Area A. Firing Area B. Firing Area C. Firing by night. Firing Area A , B and c.

Abstract

1 of 1936. 50 of 1936. 26 of 1946. 7 of 1948. 38 of 1949. 7 of 1950. 24 of 1950. Short title. Interpretation. 50 of 1936, s. 2. 7 of 1948, s. 2. 7 of 1948, s. 2. 38 of 1949, s. 12. Authorized firing areas. First Schedule. 7 of 1948, s. 3. Firing programme and notices. 7 of 1948, s. 4. Second Schedule. (Cap. 149) 7 of 1950, s. 2. Firing signals. Third Schedule. 7 of 1948, s. 5. Offences while firing signals are displayed. [s. 6 cont.] Offences and provisions relating to the recovery of projects. Penalty for offences. 55 & 56 Vict, c. 43, s. 17(2). 26 of 1946, Schedule. Officers authorized to arrest or remove trespassers, etc. 7 of 1948, s. 9. Exemptions. 50 of 1936, s. 3. 26 of 1946, Schedule. 7 of 1948, s. 10. 38 of 1949, s. 12. (10 of 1899.) Power of Governor in Council to amend Schedule. 50 of 1936, s. 4. 24 of 1950, Schedule. 7 of 1948, s . 7. G.N.A. 219/49. G.N.A. 43/50. 7 of 1948, s . 7. G.N.A. 219/49. G.N.A. 43/50. Signals for day and night firing. [Third Sch, cont.] Firing by day. Firing Area A. Firing Area B. Firing Area C. Firing by night. Firing Area A , B and c.

Identifier

https://oelawhk.lib.hku.hk/items/show/2012

Edition

1950

Volume

v4

Subsequent Cap No.

196

Number of Pages

7
]]>
Tue, 23 Aug 2011 15:48:14 +0800
<![CDATA[DEFENCE WORKS PROTECTION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2011

Title

DEFENCE WORKS PROTECTION ORDINANCE

Description






CHAPTER 195.

DEFENCE WORKS PROTECTION.

To afford greater protection to defence works and property
essential to the security or life of the community.

[11th August, 1950.]

1. This Ordinance may be cited as the Defence Works
Protection Ordinance.

2. In this Ordinance-
'closed area' means any area or place declared by order
of the Governor to be a closed area under section io
of the Public Order Ordinance.
'lawful authority' means the authority of the Governor or
such person or persons, to whom by the direction of the
Governor given tinder this section such authority has
been delegated in whole or in part;
'military premises' includes any place on land or water
reserved whether wholly or in part and whether at
intervals or continuously for military purposes;
'military purposes' means the purposes of any of His
Majesty's regular forces or any local naval military air
or police force corps or reserve;
'model' includes design pattern and specimen;
'munitions of war' includes the whole or any part of any
ship, submarine, aircraft, tank or similar engine, arms
and ammunition, torpedo or mine, rocket, bomb or
projector therefor, intended or adapted for use in war,
and any other article, material, or device, whether actual
or proposed, intended for such use ;
'prohibited place' means any protected place, any closed
area, any military premises and any place which is for
the time being declared by order of the Governor to be
a prohibited place for the purposes of this section on
the ground that information with respect thereto or
the destruction or obstruction thereof or interference
therewith would be useful to an enemy or potential
enemy or would be prejudicial to the security of the
Colony;
'protected place' means any place which has been declared
to be a protected place under section 2 Of the Protected
Places (Safety) Ordinance;





'sketch' includes any photograph or other mode of
representing any place or thing.

3. It shall not be lawful for any person without lawful
authority to make or attempt to make or have in his
possession, custody, or control, any sketch model or plan
of any prohibited place or of any munitions of war.

4. Any person who contravenes the provisions of
section 3 shall be guilty of aii offence and shall upon sum-
mary conviction be liable to a fine of two thousand dollars
or to imprisonment for six months, and all such sketches,
models and plans shall be liable to forfeiture.

5. Any person found in the immediate vicinity of any
prohibited place or any munitions of war aiid with materials
or apparatus for making a sketch, model or plan in his
possession, with the intention of contravening the provisions
Of section 3, shall be guilly of an offence and shall iipon
sunimary conviction be liable to a llne of live hundred
dollars or to imprisonment for two months.

6. Any person who without lawful authority is found
in or upon any prohibited place, other than a protected
place or closed area, shall be guilty of an offence and shall
upon summary conviction be liable to a fine of five hundred
dollars or to iniprisonment for six months.
7. It shall be lawful for the Commissioner of Police
or for any police officer authorized by hini to search the
baggage, apartment and premises of any person found
committing any offence against this Ordinance, and to take
possession of any sketches, models or plans which may
appear to him to have been illegally made, and to detain aiid
deal with the same in such manner as may be directed by
a magistrate.

8. Any merriber of His Majesty's regular forces or
of any local naval military or air force corps or reserve and
any police officer may, with or without any warrant or other
process, apprehend or cause to be apprehended any person
offending against this Ordinance or suspected of so offend-
ing, and may bring hirn or cause him to be brought before





a magistrate for the purpose of being dealt with according
to law.

9. Whenever it appears to any magistrate upon the
oath of any person of repute that there is good cause to
believe that there is in any house, shop, room, or other
place any sketch, model or plan, in respect of which it may
appear that an offence has been committed against this
Ordinance, such magistrate may by warrant directed to any
police officer empower such officer to enter the same with
such assistance as may be necessary in the day-time, and
if necessary to use force by breaking open doors or other-
wise and search for and seize any such sketch, model or
plan found therein, and to arrest any person who may
appear to have such articles so seized in his possession,
custody or control.

10. Nothing in this Ordinance shall derogate from the
provisions of the Official Secrets Act, 1911.
21 of 1950. Short title. Interpretation. (Cap. 245.) (Cap. 260.) [s. 2 cont.] Prohibition of sketching. Penalties. Penalty on person attempting to sketch prohibited place, etc. Trespassing in prohibited place. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant. Saving (1 & 2 Geo. 5, c. 28).

Abstract

21 of 1950. Short title. Interpretation. (Cap. 245.) (Cap. 260.) [s. 2 cont.] Prohibition of sketching. Penalties. Penalty on person attempting to sketch prohibited place, etc. Trespassing in prohibited place. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant. Saving (1 & 2 Geo. 5, c. 28).

Identifier

https://oelawhk.lib.hku.hk/items/show/2011

Edition

1950

Volume

v4

Subsequent Cap No.

195

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:14 +0800
<![CDATA[AIR ARMAMENT PRACTICE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2010

Title

AIR ARMAMENT PRACTICE ORDINANCE

Description






CHAPTER 194.

AIR ARMAMENT PRACTICE.

To regulate practice bombing and firing from aircraft aitd for
clearing certain sea areas in connexion therewith.
[19th August, 1949.]

1. This Ordinance may be cited as the Air Armament
Practice Ordinance.

2. In this Ordinance-
'aircraft' includes all balloons, (whether fixed or free),
kites, gliders, airships, aeroplanes, seaplanes, flying
boats and other flying machines;
'Air Officer Commanding' means the officer for the time
being commanding Royal Air Force, Hong Kong;
'practice' means air armament practice by bombing and
by air to ground firing by guns or rocket projectiles or
missiles from aircraft;

practice may be carried out;
'vessel' has the meaning assigned to it in the Merchant
Shipping Ordinance, 1899.

3. Subject to the provisions of this Ordinance practice
may take place over any practice range specified in the First
Schedule: Provided that when any person, vessel or
aircraft is within danger in or over a practice range all
practice shall cease.

4. (1) A provisional programme of practice shall be
circulated at the commencement of every quarter by the
Air Officer Commanding, in respect of the practice range.
to the persons enumerated in the Second Schedule, such
programme being subject to alteration froni time to time
if necessary.

(2) Such officer shall supply to such persons as many
charts, showing the practice range, as they may require.

(3) Such officer shall also cause to be published notice
of intended practice at least seven clear days before the
date on which the practice is to take place and shall supply
to the persons enumerated in the Second Schedule as many





copies of such notice as they may require, and, shall deliver
not less than seven clear days before the practice coin-
mences, copies of such notice to such persons as the District
Commissioner of the New Territories may specify.

(4) Such notice shall contain warnings to masters of
vessels, or pilots of aircraft exempt from the operation of
this Ordinance under section io, to assist the carrying out
of the practice by hastening through the practice range or
in the case of vessels by consenting to be towed out of
such area, if necessary, by any vessel acting under the
orders of the Air Officer Commanding.

(5) No practice shall take place on any day which is
a general holiday by virtue of the Holidays Ordinance:
Provided that practice may take place over the Port Shelter
Range described in paragraph (a) of the First Schedule
hereto on any day which is not a Wednesday or a Sunday.

5. Warning that practice is abOUt tO take place shall
be given in the inanner specified in the Tbird Schedule.

6. While warning is in force as given by the hoisting
or display of signals as provided in section 5 that practice
is taking place, then in respect of the area affected by the
said warning-
(a)no person shall enter or remain within the area,
nor bring, take or suffer to remain therein any
vessel, aircraft or thing, except as provided in
section 10;
(b) no vessel shall be employed in fishing in the area;
(c) no pleasure boat shall cruise in the area;
(d)no vessel shall anchor or remain anchored in or
ground on the area;
(e)no aircraft shall alight on, remain in or travel upon
the area;
in the event of any vessel or aircraft being from
any cause within the area, the master or pilot or
other person in charge thereof shall use his utmost
endeavours to pass out of the area without loss of
time..

7. (1) No person shall trawl, dredge or search for or
otherwise interfere with any practice bomb, bullet, shell or
rocket projectile or portions thereof within the practice





range, or take or retain, or be in possession of, any such
practice bomb, bullet, shell or rocket projectile, or portions
thereof, found within any of such area.

(2) Any person who, when trawling, dredging, or in
any manner whatsoever, shall come into possession of aily
such practice bomb, bullet, shell, or rocket projectile or any,
portion thereof, within the practice range, shall riot retain
it, but shall immediately return it in its existing condition,
and without tampering with it, into the water.

(3) The provisions of this section shall not apply in
cases of persons who recover any practice bomb, bullet,
shell or rocket projectile or any portion thereof, tinder
written instructions from the Air Officer Commanding.

8. (1) Any person doing anything prohibited by or
otherwise contravening section 6 or 7 shall be deemed to
commit an offence.

(2) If any person commits an offence against this Or-
dinance he may be removed by any officer authorized by
section 9 from the practice range, and may be taken into
custody without warrant, and on summary conviction shall
be liable to a fine of two hundred and fifty dollars. Any
vessel, aircraft or thing found in the practice range in
contravention of this Ordinance may be removed by such
officer as aforesaid and may be forfeited on summary
conviction of the person responsible for such contravention.

9. The following officers are hereby authorized to
remove or to take into custody without warrant any person
contravening section 6 or 7, or to remove any vessel, aircraft
or thing found on the practice range-
(a) the officer in charge of the practice range;
(b)any officer, warrant officer, non-commissioned
officer or military policeman, for the time being
under the command of the said officer in charge of
the practice range;
(c) any person authorized in writing tinder the hand
of the said officer in charge of the practice range;
or
(d) any police officer.





10. This Ordinance shall not apply to-
(a) any vessel or aircraft compelled to enter or unable
to quit the practice range by reason of the
exigencies of navigation;
(b) any vessel employed in tending, placing or replac-
ing mark buoys or other aids to navigation within
the practice range;
(c) His Majesty's ships of war or air-craft, or any vessel
or aircraft employed under Admiralty, War Office,
or Air Council authority or under the Government
of the Colony.

11. The Governor in Council may by order signified
in the Gazette amend the Schedules in any manner what-
soever provided that no amendment of a practice range
shall extend any such area beyond the Colony and its
territorial waters.

FIRST SCHEDULE. [s. 3.]

PRACTICE RANGE.
Note-All latitudes are N. and longitudes E. Latitudes and
longitudes taken from Admiralty Charts Nos. 3429, 1466, 3605, 3280,
3279, 3612 and 1180, but longitudes from Charts Nos. 1180, 3612
and 3605 have been decreased by 9'.

The areas included in the Practice Range are bounded as
follows-
(a) By a line starting at a point on the high water mark in
Portshelter map reference 668067 (latitude 22' 20' 57' longitude
114' 15' 53') thence in a direction 075' to point 79 map reference
701076 (latitude 22' 21' 22' longitude 114 17 38') on the South
end of the island known as Kiu Tsiu Chau (Sharp Island) thence
in a direction 045' to the North West point of Urn Island map
reference 729103 (latitude 22' 22' 41' longitude 114' 19' 08') thence
along the high water line round the East of the island to the South
East point map reference 738090 (latitude 22' 22' OW longitude
114' 19' 3W) thence in a direction 154' to map reference 755054
(latitude 22' 20' 12' longitude 114' 20' 30') thence in a direction
100* to North shore on islet map reference 782049 (latitude 22'
19' 58' longitude 114' 21' 57') thence in a direction 054' to map
reference 807067 (latitude 22' 20' 48' longitude 114' 23' 18')
thence in a direction 141' to map reference 824046 (latitude 22,
19' 45' longitude 114' 24' 10') thence in a direction 205' to South
East extremity of East Ninepin Island map reference 787969
(latitude 22' 15' 57' longitude 114' 22' OV) thence in a direction





263' to map reference 749964 (latitude 22' 15' 47' longitude 114'
20' 05') thence in a direction 301' 30' to map reference 703992
(latitude 22' 17 13' longitude 114* 17 38') thence in a direction
347' to a Point on the high water mark map reference 697018
(latitude 22' 18' 31' longitude 114' 17 22') thence along high
water mark to map reference 695030 (latitude 22' 19' 05' longitude
114' 17 17') thence in a straight line to a point on the high
water mark map reference 685034 (latitude 22' 19' 18' longitude
114' 16' 43') thence along high water mark to the starting point.
(b) By a line from latitude 22' 24' 32', longitude 113' 54' 47'
southwards to latitude 22' 23' 38', thence south south eastwards
and cast of Nam Long to latitude 22' 22' 28', longitude 113'
55' 17% thence south eastwards to latitude 22' 22' 02', longitude
113' 55' 46 thence north eastwards to latitude 22' 22' 27%
longitude 113' 56 43', thence north north eastwards to latitude
22' 22' 51', longitude 113' 56' 51', thence north westwards to
latitude 22' 23' 13', longitude 115' 56' 35 thence northwards to
latitude '22 23' 40, longitude 113' 56' 38', thence northwards to
latitude 22' 25' 18 longitude 113' 57 05', thence south westwards
to latitude 22' 24' 25% longitude 113' 55' 30 thence westwards
to starting point.
There shall also be included in the Practice Range the area
bounded by a line drawn 180 from the mainland shore through
Kowloon Rock to a position in latitude 22' 18' 21 longitude 114'
11' 47 thence 090' to a position in latitude 22' 18' 21 longitude
114' 12' 46', thence 068' to the mainland shore and the area
adjoining the Western boundary of the area lastly described and
being a sector of the following circle namely-
a circle having its centre at latitude 22' 19' 08 longitude
114' 12' 10' with a radius of 1,000 yards and intersecting the
Western boundary of the area first described at latitude 22'
19 28% longitude 114' 11' 48' and latitude 22' 18' 47
longitude 114' 11' 48' east.

SECOND SCHEDULE. [s. 4.]

LIST OF PERSONS TO BE SUPPLIED WITH PROGRAMMES,
NOTICES AND CHARTS.

Colonial Secretary,
Director of Public Works,
Director of Marine,
Commissioner of Police,
Director of Civil Aviation,
District Commissioner, New Territories,
General Officer Commanding, llong Kong,
Commodore in Charge, Hong Kong,
Secretary, Royal Hong Kong Yacht Club.





THIRD SCHEDULE. [s. 5.]

PRACTICE SIGNALS.

1. Notice that practice is taking place at the practice range
shall be given by the hoisting or display of the following signals-
By day, a red flag flown, and by night, a red light shewn,
from the old Sai Kung Police Station flag pole (map reference
671102) and from the old observation post, hill '163' (map reference
717003) and from a flagpole overlooking Ngam Tau Sha (Map
reference 69150315) and from such points as the District Commis-
sioner, may require on the following islands-
Bluff Island (map reference 765033),
Town Island (map reference 778056),
Urn Island (map reference 731101).
2. The signals in respect of practice shall be hoisted or
displayed two hours before such practice is due to commence.
Signals shall remain hoisted or displayed until practice has ceased,
when they shall at once be hauled down or extinguished.
38 of 1949. 6 of 1950. 9 of 1950. Short title. Interpretation. (10 of 1899.) Practice range. First Schedule. Practice programmes and notices. Second Schedule. [s. 4 cont.] (Cap. 149) 6 of 1950, s. 2. Practice signals. Third Schedule. Offences while practice signals are displayed. Offences and provisions relating to the recovery of projects. Penalty for offences. 9 of 1950, Schedule. Officers authorized to arrest or remove trespassers, etc. Exemptions. Power of Governor in Council to amend Schedules. 9 of 1950, Schedule. G.N.A. 28/50. G.N.A. 44/50. G.N.A. 95/50. G.N.A. 44/50.

Abstract

38 of 1949. 6 of 1950. 9 of 1950. Short title. Interpretation. (10 of 1899.) Practice range. First Schedule. Practice programmes and notices. Second Schedule. [s. 4 cont.] (Cap. 149) 6 of 1950, s. 2. Practice signals. Third Schedule. Offences while practice signals are displayed. Offences and provisions relating to the recovery of projects. Penalty for offences. 9 of 1950, Schedule. Officers authorized to arrest or remove trespassers, etc. Exemptions. Power of Governor in Council to amend Schedules. 9 of 1950, Schedule. G.N.A. 28/50. G.N.A. 44/50. G.N.A. 95/50. G.N.A. 44/50.

Identifier

https://oelawhk.lib.hku.hk/items/show/2010

Edition

1950

Volume

v4

Subsequent Cap No.

194

Number of Pages

6
]]>
Tue, 23 Aug 2011 15:48:13 +0800
<![CDATA[ADMIRALTY (VESTING OF PROPERTY) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2009

Title

ADMIRALTY (VESTING OF PROPERTY) ORDINANCE

Description






CHAPTER 193.

ADMIRALTY (VESTING OF PROPERTY).

For vesting all estates and property occupied by or for the
Naval Service of the United Kingdom, in this Colony,
in the Lord High Admiral, or the Commissioners for
executing the office of Lord High Admiral.

[26th May, 1863.]

WHEREAs divers messuages, lands, tenements, and
hereditaments have been at various times purchased
for the use of the Naval Service of the United
Kingdom, and conveyed to several different persons
in trust for Her Majesty and Her Royal Predecessors
and the sarrie have been placed under the charge of
the Commissioners for executing the office of Lord
High Admiral, and it is expedient that the same and
all other messuages, lands, tenements, and heredita-
ments that may be hereafter purchased, or in any
nianner used and occupied by or for the said service,
should be vested in the Lord High Admiral or the
Conimiss;oners for executing the office of Lord High
Admiral:

1. This Ordinance may be cited as the Admiralty
(Vesting of Property) Ordinance.

2. All messuages, lands, tenements, and hereditaments,
erections, buildings, and property whatever which have been
conveyed to or are vested in any person, or are held or in
any nianner occupied by or in the name of any person, in
trust for the Crown for the use of the Naval Service of the
United Kingdom, or of any of the departments of or belong-
ing to the said Naval. Servirce, within this Colony, by
whatever mode of conveyance, or by whatever title, or for
whatever estate or interest therein the same may have been
conveyed or be vested, held, or occupied, together with the
rights, members, easements and appurtenances to the same
respectively belonging, shall be and become and remain and
continue vested in the Lord High Admiral or the Com-
inissioners for executing the office of Lord High Admiral,
hereinafter called 'the Commissioners', according to the



respective nature and quality of the said messuages, lands,
tenements, aiid hereditaments, and the several estates and
interests of and in the sarne respectively, in trust for His
Majesty, for the public service.

3. From and after the purchase and conveyance, grant,
or demise thereof, all other messuages, lands, tenements, and
hereditaments which may at any time be purchased, taken,
held, or occupied by the Lord High Admiral or the Com-
missioners, or by any person by his or their order for the
Naval Service of the United Kingdom, or of any of the
departments of or belonging to the said Naval Service, and
all erections and buildings which are then or may thereafter
be erected or built thereon, with the rights, members,
easements, and appurtenances to the same respectively
belonging, shall in like manner be and become and remain
and continue vested in the Lord High Admiral or the
Commissioners, according to the respective nature and
quality of the said messuages, lands, tenements, and
hereditaments and the several estates and interests of and
in the same respectively, In trust as aforesaid.

4. On the death, resignation, or removal of the Com-
missioners or of any of them, or of any Lord High Admiral,
all such messuages, lands, tenements, and hereditaments
respectively shall become vested in and be held by the
succeeding Commissioners or the Lord High Admiral, as
the case may be, and so in perpetual succession, according
to the respective nature and quality of the said messuages,
lands, tenements, and hereditaments, and tile several estates
and interests of and in the same respectively, in trust as
aforesaid.

5. In all deeds, conveyances, leases, contracts, and
other instruments touching any estate, property, matter, or
thing relating to the Naval Service of the United Kingdom
or to any department under the control of the Commissioners,
or whereto they or any of them are parties, it shall be
sufficient to describe them generally by the style and title
of 'The Commissioners for executing the office of Lord High
Admiral of the United Kingdom', without expressing their
names, and all such deeds, conveyances, leases, contracts,
and other instruments wherein the said Commissioners are





so described, and the execution or signature thereof by any
two of them, shall be as valid and effectual to all intents
and purposes as if they or any of them had been expressly
named therein and had executed or signed the same.

6. It shall be lawful for the Commissioners or any two
or more of them, or the Lord High Admiral, to sell,
exchange, or in any nianner dispose of, or let or demise,
any of the messuages, lands, tenements, and hereditaments
respectively which may be vested in them under or by virtue
of this Ordinance, with their respective appurtenances, either
by public auction or private contract, and in due form of
law to convey, surrender, assign, or make over, or to grant
or demise, the same respectively, as the case may require,
to any person who may be willing to purchase or take the
same respectively, and also to do any other act, matter, or
thing in relation to any such messuages, lands, tenements,
and hereditaments which they or he may deem beneficial
for the public service in relation thereto, or for the better
management thereof, which might be done by any person
having a like interest in any such messuages, lands,
tenements, or hereditaments.

7. (1) It shall be lawful for the Commissioners or the
Lord High Admiral, and they or he are or is hereby
authorized and empowered, to bring, prosecute, and maintain
any action, suit, or other proceeding, at law or in equity,
for recovering possession of any messuages, lands, tene-
merits, or hereditaments by this Ordinance vested in them
or him as aforesaid, and to distrain or sue for any arrears
of rent which may become due for or in respect thereof,
under any demise from the said Commissioners or Lord
High Admiral, or any person on their or his behalf or on
behaif of His Majesty, and also to bring, prosecute, or
maintain, or to defend any other action or suit in respect
of or in relation to the said messuages, lands, tenements, or
hereditaments, or any trespass or encroachment committed
thereon or damage or injury done thereto.

(2) In every such action or suit the said Commissioners
shall be called 'The Commissioners for executing the office
of Lord High Admiral of the United Kingdom', without
naming them ; and no such action or suit shall abate by the





death, resignation, or removal o f such Commissioners or
any of them, or of such Lord High AdmirdI, any law,
custom, or usage to the contrary notwithstanding.

(3) The said Commissioners or Lord High Admiral
shall be entitled to recover costs for and on behalf of His
Majesty where judgment is given for the Crown, and shall
be liable to pay costs where judgment is given against the
Crown, in an), such action, suit, or other proceeding in like
manner and subject to the same rules and provisions as
though such action, suit, or other proceeding had been had
between subject and subject.

8. Nothing in this Ordinance shall empower, or be
construed, deemed, or taken to empower, the Commissioners
or the Lord High Admiral to sell or dispose of (otherwise
than by way of surrender to His Majesty), any property
reserved or granted by the Governor for naval or public
purposes and held or accepted by the said Commissioners
or Lord High Admiral under any grant, lease, licence, or
appropriation' made by the Governor in that behalf.
Originally 3 of 1863. Fraser 1 of 1863. Short title. Vesting of lands, etc., occupied by or for the Naval Service in Lord High Admiral or Commissioners for executing that office. [s. 2 cont.] Vesting of future acquired lands, etc. in like manner. Vesting in successors in case of death, etc., of any Commissioner. Mode of describing Commissioners in deed, etc., and execution thereof. Power for Commissioners to sell, let and dispose of property. Action, etc., by or against Commissioners. [s. 7 cont.] Restriction on power of alienation of property.

Abstract

Originally 3 of 1863. Fraser 1 of 1863. Short title. Vesting of lands, etc., occupied by or for the Naval Service in Lord High Admiral or Commissioners for executing that office. [s. 2 cont.] Vesting of future acquired lands, etc. in like manner. Vesting in successors in case of death, etc., of any Commissioner. Mode of describing Commissioners in deed, etc., and execution thereof. Power for Commissioners to sell, let and dispose of property. Action, etc., by or against Commissioners. [s. 7 cont.] Restriction on power of alienation of property.

Identifier

https://oelawhk.lib.hku.hk/items/show/2009

Edition

1950

Volume

v4

Subsequent Cap No.

193

Number of Pages

4
]]>
Tue, 23 Aug 2011 15:48:13 +0800
<![CDATA[TRADE COMMISSIONERS PRIVILEGES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2008

Title

TRADE COMMISSIONERS PRIVILEGES ORDINANCE

Description






CHAPTER 192.

TRADE COMMISSIONERS PRIVILEGES.

To provide for the remission of taxes duties rates and other
charges paid or payable by trade commissioners and
assistant trade commissioners in certain cases and for
purposes ancillary thereto.

[10th September, 1948.]

1. This Ordinance may be cited as the Trade Com-
missioners Privileges Ordinance.

2. In this Ordinance-
'tax.' includes an assessment, valuation, levy, rate or other
similar charge;
'trade commissioner' means a person recognized by the
Governor as being employed in the Colony by anv
self-governing member of the Commonwealth or any
state or province of a self-governing member of the
Commonwealth or any self-governing Colony as a trade
commissioner or an assistant trade commissioner.

3. The Governor in such manner ns he shall think
fit may direct that any tax, duty or fee payable or paid
by a trade commissioner under the law of the Colony may
be remitted and where necessary refunded when such tax,
duty or fee is payable or has been paid by a person who
should in the opinion of the Governor receive such remis-
sion or refund by reason of the treatment accorded by the
Government represented by such trade commissioner to
persons representing His Majesty's United Kingdom
Government in a similar capacity.
47 of 1948. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. Remission of taxes, duties and fees. 37 of 1950, Schedule.

Abstract

47 of 1948. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. Remission of taxes, duties and fees. 37 of 1950, Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2008

Edition

1950

Volume

v4

Subsequent Cap No.

192

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:48:12 +0800
<![CDATA[REPRESENTATION OF FOREIGN POWERS (CONTROL) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2007

Title

REPRESENTATION OF FOREIGN POWERS (CONTROL) ORDINANCE

Description






CHAPTER 191.

REPRESENTATION OF FOREIGN POWERS
(CONTROL).

To control persons, other than accredited representatives of
foreign states, in the discharge in the Colony of functions
on behalf of the Governments of foreign states or on
behalf of other foreign Political organizations.

[4th November, 1949.]

1. This Ordinance may be cited as the Representation
of Foreign Powers (Control) Ordinance.

2. In this Ordinance-
'accredited representative' means a person who by notice in
the Gazette has been recognized by the Governor as the
representative of a foreign state ;
'foreign power' means any of, or a combination of any of,
the following, namely-
(a)the government whether legal or de facto of any
foreign state;
(b)any organization which in the opinion of the
Governor is either politically associated with con-
trolled by' or in political opposition to any such
government ; but does not include any international
organization of which the United Kingdom is a
member;
'foreign state- means any territory except-
(a) Republic of Ireland;
(b)the territory of any member of the Commonwealth;
and
(c)any territory mandated or under trusteeship to or
administered by any such member;
'function' means to perform any act or do any thing.

3. No person shall function on behalf of any foreign
power without the consent of the Governor : Provided that
this section shall not apply-
(a) to the accredited representative of any foreign state;
(b) to any person exempted by order of the Governor;
(c) to such members of the staff of an accredited repre-
sentative as are in possession of a valid and sub-
sisting certificate of exemption.





4. The consent of the Governor required by section 3
may be given subject to such condition or limitation what-
soever as the Governor may see fit to impose and shall in
any event be revocable at will. Such consent may be signi-
fied under the hand of the Colonial Secretary or the Deputy
Colonial Secretary.

5. A. certificate of exemption for the purposes of para-
graph (c) of the proviso to section 3 shall be issued under the
hand of the Colonial Secretary and shall be valid for the
period therein specified (including any period for which it is
renewed) but shall in any event be liable to cancellation by
the Colonial Secretary at any time and without reason
assigned.

6. (1) Whenever it shall appear to the Governor, on
such evidence as he may deem sufficient, that any person is
reasonably suspected of having contravened or of intending
to contravene the provisions of section 3 he may by warrant.
under the hand of the Colonial Secretary authorize the search
of any premises vessel or place upon or in which such person
resides or carries on business or is suspected of having con-
travened or having intention to contravene the provisions of
section 3 and such warrant shall be sufficient authority to any
police officer of or above the rank of inspector to enter at any
time any premises vessel or place named in the warrant, if
necessary by force, and to search such premises vessel or
place and any person found thereon and to seize anything
which he may find on such premises vessel or place or on any
such person which he considers to be evidence that an offence
against this Ordinance has been or is about to be committed.

(2) The issue of a warrant under the preceding sub-
section shall be sufficient authority for the police officer
executing such warrant to seal any place or premises named
in the warrant and to affix at the entrance to such place or
premises a notice that such place or premises are sealed by
virtue of the powers accorded by this section. Any person
thereafter entering such premises or place without lawful
authority or excuse shall be guilty of an offence and on sum-
mary conviction shall be liable to a fine of three thousand
dollars and to imprisonment for three yars.





(3) If the person reasonably suspected is a firm,
corporation, association or other organization of persons the
expression 'such person' in subsection (i) shall include the
partners of such firm and the directors and officers of such
corporation and the officers of such association or organiza-
tion.

7. (1) Any person contravening the provisions of
section 3 shall be guilty of an offence and on conviction upon
indictment shall be liable to a fine of ten thousand dollars
and to imprisonment for five years.

(2) Where a person convicted of an offence against this
Ordinance is a body corporate, the chairman and every
director and every officer of such body corporate at the time
such offence was committed shall be guilty of that offence,
unless he proves that the act or omission constituting the
offence took place without his knowledge or consent.

A prosecution for an offence under this section shall
not be instituted except by or with the consent of the Attorney
General.
47 of 1949. Short title. Interpretation. Regulation of persons who may function on behalf of any foreign power. Consent of Governor. Signification. Certificate of exemption. Power of Governor to authorize search and seizure. Penalties Consent to prosecution.

Abstract

47 of 1949. Short title. Interpretation. Regulation of persons who may function on behalf of any foreign power. Consent of Governor. Signification. Certificate of exemption. Power of Governor to authorize search and seizure. Penalties Consent to prosecution.

Identifier

https://oelawhk.lib.hku.hk/items/show/2007

Edition

1950

Volume

v4

Subsequent Cap No.

191

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:12 +0800
<![CDATA[NOTIFICATIONS BY THE GOVERNOR]]> https://oelawhk.lib.hku.hk/items/show/2006

Title

NOTIFICATIONS BY THE GOVERNOR

Description






DIPLOMATIC PRIVILEGES.
NOTIFICATIONS BY THE GOVERNOR.
(Cap. 190).
(Ordinance No. 56 of 1948).

[19th November, 1948.]

The Governor declares and provides and it is
declared and provided as follows-

PART I.

THE UNITED NATIONS.
A. The Orgaitization.
1. The United Nations set up by the Charter signed at
San Francisco on the 26th June, 1945, is an organization to
which the Diplomatic Privileges Ordinance shall apply.

2. The United Nations shall have the legal capacity of
a body corporate and, except in so far as in any particular
case it has expressly waived its immunity, inimunity
from suit and legal process. No waiver of immunity shall
be deemed to extend to any measure of execution.

3. The United Nations shall have the like inviolability
of official archives and premises occupied as offices as is
accorded in respect of official archives and premises of in
envoy of a foreign sovereign power accredited to His
Majesty.

4. The United Nations shall have the like exemption
or relief from taxes and rates, other than taxes on the
importation of goods, as is accorded to a foreign sovereign
power.

5. The United Nations shall have exemption from
taxes on the importation of goods directly imported by the
organization for its official use in this Colony or for exporta-
tion, or on the importation of any publications of the
organization directly imported by it, such exemption to be
subject to compliance with such conditions as the Director
of Commerce and Industry may prescribe for the protection
of the revenue.

6. The United Nations shall have exemption from pro-
hibitions and restrictions on importation and exportation in





the case of' goods directly 'imported or exported by tile
organization for its official use and in the case of any ptiblica-
tions of the organization directly imported or exported by it.

7. The United Nations shall have the right to avail
itself, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press or
for broadcasting (including communications addressed to or
from places outside this Colony), of any reduced
rates applicable ]*ol- the corresponding sen,,ice in the case of
press tele.grams.

B . Representatives of J111embers.

8. Except in so far as in any particular case any
privilege or immunity is waived by the member govern-
ments whom they represent, representatives of member
governments to the General Assembly or to any Council ol-
other organ of the United Nations shall enjoy-.
(a)while exercising their functions as stich, and during
Illeir Journey to and from the place of rneeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and
inviolability for all papers and docurnents;
(b)immunity frorn legal process of every kind in
respect of words spoken or written and all acts done
by them in their capacity as representatives;
(c) vx,liile exercising their functions and during their
journey to and frorn [lie place of rilecting, the like
exemplion ol- relief from taxes as is accorded to an
envoy of a foreign sovereign power accredited to
.IIiS 'Majesty, save that the relief allowed shall not
include relief from customs and excise duties except
in respect of goods imported as part of. their
personal baggage. They shall not, where the in-
cidence of any form of taxation depends upon
residence, be deemed to be resident in this Colony
during any period when they are present in this
Colon ' V while exercising their functions or during
their journey to and from the place of meeting.
The provisions of this paragraph shall riot apply
to British subjects whose usual place of abode is
in this Colony.





9. For the. purposes of the application of this Oi.dei-~
the expression 'representatives of member govern merits'
shall be deemed to include their official staffs, accompanying
them as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.

C. High Officials of the Uitited Nations.

10. Except in so far as in any particular case. any
privilege or immunity is waived by the Secretary, Gencral
or the Security Council of the United Nations, the Secretary
General and Assistant Secretaries General of the Utii[e~
Nations (and not exceeding at one time six in number) shall
be accorded in respect of themselves, their spouses and
children under the age of twenty-one the like immunity froill
suit and legal process,, the like inviolability of residence and
the like exemption or relief from taxes as is accord.A to an
envoy of a foreign sovereign power accredited to Flis
Majesty, his spouse and children. They shall also enjo ' y
exemption from income tax in respect of emoluments received
by, them as officers of the United Nations.

1). Persons employed on, viis~iojis ov. helialf of Ihe
Un,'I'led Natiolls.

11. Except in so far as in any particular case any
privilege or immunity is waived by the Secretary General of
the United Nations, persons employed on missions on behalf
of the United Nations shall enjoy-
(a)while exercising their functions as such, and durin-
their journey to and from the place of meeting,
immunity from personal arrest or detention and
f rorn seizure of their personal baggage and
inviolability for all papers and documents;
(b)immunity from legal process of every kind in respect
of words spoken or written and all acts (lone 1)v
thern in the exercise *of these functions.

E. Other officials of the UnIted Nations.

12. Except in so far as in any particular case any
privilege or immunity is vaived by the Secretary General
of the United Nations, officia!s of the United Nations (other
than those referred to in Article io above, and officials





engaged locally and rernunerated by payment calculated by
the number of hours worked) shall enjoy-
(a)immunity from suit and legal process in respect of
words spoken or written and all acts done by them
in the course of the performance of their official
d uties; and
(b)exemption from income tax in respect of enioll-1-
ments received bv lhern as officers or servants of the,
United Nations.

PART II.
INTERNATIONAL COURT OF JUSTICE.
13. Except in so far as in any particular case any pri-
vilege or immunity is waived by the Court, the judges and
Registrar of the International Court of justice (including
any officer of the Court acting as Registrar) shall, when
engaged on the business of the Court and during any
journey to and frorn the place where the COUrt is sitting in
connexion with such business, enjoy the like immunity from
snit and legal process, the like inviolability of residence and
also unless they are British subjects whose usual place of
abode is in this Colony, the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign
power accredited to His Majesty.

14. The judges and Registrar of the International
Court of Justice.shall enjoy exemption fron-i incorne tax in
respect of all emoluments received by thern as judges or
Registrar.

15. Except in so far as in any particular case any pri-
vilege or immunity is waived by the government whom they
represent before the Court, the agents, counsel and
advocates of parties before the Court shall enjoy-
(a)when engaged on their missions before the Court
and during their journeys to and from the place
where the Court is sittin- in connexion with such
missions, immunity from personal arrest or deten-
tion and from seizure of their personal baggage and
inviolability for all papers and documents;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by them in this capacity;





(c)NS'lien engaged on their missions before the Court
and during their journeys to and from the place
where the Court is sitting in connexion with such
mission, the like exemption or relief from taxes as
is accorded to an envoy of a foreign sovereign
power accredited to His Majesty, save that the
relief allowed shall not include relief from cuslonis
or excise doties except in respect of' goods imported
as part of their personal baggage. They shall not,
where incidence of any form of tax depends upon
residence, be deemed to be resident in this Colony
during. any period when they are present in this
Colony while exercising these functions or durin
t, 9
their journey to and from the place of niceting.
'Fhe provisions of this paragraph shall riot tl)pl~
to British subjects whose usual place of abode is
in this Colony.

The provisions of this Article do not apply to any
agents, counsel or advocates acting. on behalf of His
Majesty's Government in this Colony or to any British sub-
ject acting on behalf of any other Government except a
Government of His Majesty other than His Majesty's
Government in this Colony.

The Governor declares and provides and it is hereby
declared and provided as follows-

THE IN'FlERNATIONAL LABOUR ORGANIZATION.

A. The Organization.

1. The International Labour Organization is an
organization to which the Diplomatic Privileges Ordinance
shall apply.

2. The International Labour Organization shall have
the legal capacities of a body corporate and except in so far
as in any partieu * lar case it has expressly waived its
immunity, immunity from suit and process. No waiver of
immunity shall be deemed to extend to any measure of
execution.





3. The International -Labour Organization shall have
the like inviolability ol.* official archives and premises
occupied as offices as is accorded in respect of official
archives and premises of an envoy of a foreign sovereign
power accredited to His Majesty.

4. 'I'lie International Labour Organization shall have
the like exemption or relief from taxes and rates, other than
taxes on the importation of goods, as is accorded to a
foreign sovereign power.

5. The International Labour Oiganization shall have
exeii-iptioii from taxes on the importation of goods directly
imported hy the Organization for its official use in Hong
Kong or for exportation, or on the importation of any of
the publications of the Organization directly imported by it,
such exemption to be subject to compliance with such con-
ditions as the Director of Commerce and Industry may
prescribe for the protection of the revenue.

6. The International Labour Organization shall have
exemption from prohibitions and restrictions oil importation
or exportation in the case of goods directly imported or
exported by the Organization for its official use and in the
case of any publication of the Organization directly
iniported or exported by it.

7. The International Labour Organization shall have
the right to avail itself, for telegraphic communications sent
])v it and coil tai n in,,. only matters for publication by the
press or for broadcasting (including communications
addressed to or despatched frorn places outside Hong
Kong) of any reduced rates applicable for the correspond-
ing service in the case of press telegrams.
~z,

B. Representatives of Members: Alembers of the Governing
Body of the International Labour Office..

8. 1) Except in so far as any privilege or immunity
is waived, in the case of representatives of member govern-
ments, by the Governments whom they represent; and in
the case of members and deputy members of the Governing
Body of the International Labour Office. and their sub-
stitutes, by the Governing Body, representatives of member
governments and the employers' and workers' members





and de puty members of the Governing Body of the Inter-
national Labour Office and their substitutes shall enjoy-
(a)while exercising their functions as such, and during
their jourpey to and from the place of meeting,
immunity from' personal arrest or detention and
from seizure of their personal baggage and inviol-
'ability for all papers and docunients
(b)immunity frorn legal process of every kind in
respect of m,ords spoken or written and all acts done
by them in their capacity as representatives Or as
inembers of the Governing Body of Ilic Inter-
national Labour Office, us the. case rnay be-
(c)while exercising their functions and dui-ing their
journey to and from the place of meeting, the like
exemption or relief from taxes as is accorded to an
envoy of a foreign sovereign power accredited to
His Majesty, save that the relief allowed shall not
include relief from customs and excise duties except
in respect of goods imported as part of theit per-
sonal baggage. They shall not, where. the
incidence of any form of taxation depends upon
residence, be deemed to be resident in Hong Kong
during any period when they are present in Flong
Kong whilst exercising their functions or during
their jOLirilpy to and from the place of meetinIg.

The provisions of this paragraph shall not apply to
British subjects whose usual place of abode is in Hong
PC o n g.
(2) For the purpose of the application of the Order the
expression 'representatives of member govei-ni-nents' shall
be deemed to include their official staffs, accompanying thern
as Such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.
(3) The provisions of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon an\
person as the representative of His Majesty's Government
in Hong Kong or a member of the staff of such a representa-
tive or any person who is a British subject and who is not
the representative of a Government of His Majesty other
than His Majesty's Government in Hong Kong or a
member of the staff of and accompanying any such repre-
sentative.





C. High Officials.

9. Except in so far as in any particular case any pri-
vilege or immunity is waived by the Organization, officers
of the International Labour Organization holding the offices
of Director-Gerieral, Deputy Director-General and Assistant
Director-Geiieral shall be accorded in respect of themselves,
their spouses and children tinder the age of twenty-one, the
lil~e immunity from Suit and legal process, the like inviol-
ability of residence and the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign
power accredited to His Majesty, his spouse and children,
incltiding exemption from.incorne tax in respect of emolu-
rnents received by them as officers of the Organization.

D. Persons Serving on Committees of m Employed on
Missions on behalf of the 07ganization.

10. Except in so far as in any particular case any pri-
vilege is waived by the Organization, persons (other than
officials of the Organization) serving on committees of, or
employed on missions on behalf of the International Labour
Organization shall enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting, im-
munity from personal arrest or detention and from
seizure of their personal baggage and inviolability
of all papers and documents relating to the work
of the Organization;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by them in the exercise of their functions. Such
immunity shall continue notwithstanding that the
persons concerned 'are no longer employed on
missions on behalf of the International Labour
Organization.

E. Other Officials of the Organization.

11. Except in so far as in any particular case any
privilege or immunity is waived by the International Labour
Organization, all officials of the Organization (other than
those referred to in Article 9 above or officials engaged
locally and remunerated by payment calculated on the
number of hours worked) shall enjoy-





(a)immunity from suit and legal process in respect of
words spoken or written and all acts done by thern
in the course of the performance of their official
duties;
(b)exemption frorn iricorne tax in respect of eniolu-
merits received by thern as officers ol. servants of the
International Labour Organization.

50. The Governor declares and provides and it is hereby
declared 'and provided as follows-
THE INTERNATIONAL CIVIL AVIATION
ORGANIZATION.
A. Y'Ite

1. The International Civil Aviation Organization set
up under Article 43 of the Conventioji on Inteniatiotial Civil
Aviation signed at Cbicago on 71:11 December, 1944 (here-
after referred to as the Organization) is aii oi.giii*]/~iti(ii to
which the Diplomatic Privileges Ordinwice shall apply.

2. The Organization shall have the legal capacities of
a body Corporate alld, except in so fil- ~i.,; ill ally
Case it has expressly waived it.s iiniiiuiilt.~,, inlillunilly froill
suit and process. No waiver of ininitinity sliall be deemed
to extend to any measure of execution.

3. The Organization shall have the like iiivioltl)iiity of
official archives and premises occupied as offices as is
accorded in respect of official arcl-lives and pren-lises of -ill
envoy of a foreign sovereign power accrediteel to Flis
tz,
Majesty.

4. The Organization shall have the like exemption or
relief frorn taxes and rates, other thari taxes on the importa-
tion of goods, as is accorded to a foreigii sovereign power.

5. The Organizatioti sliall have exeniptioii froni taxes
on the importation of goods directly imported by tlic,
Organization for its official use In I-Joiig Kong ol- for expor-





tation, or oil the importation of any publications of the
Organization direcily imported by it, such exemption to be
subject to compliance with such conditions as the Director
of Commerce and Industry may prescribe for the protection
of the revenue.

6. The Organization shall have exemption from, pro-
hibitions and restrictions on importation or exportation in
the case of goods directly imported or exported by the
Organization for its official use and in the case of any
publication of the Organization directly imported or exported
by it.

7. The Or~-anizatioii shall have the right to avail
itself, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press or
for broadcasting (including communications addressed to or
despatched from places outside Hong Kong) of any reduced
rates applicable for the corresponding service in the case of
press telegrams.

B. 1?eprese,titaiii~es of Alembers.

8. (1) Except in so far as in any particular case any
privilege or immunity is waived by the member govern-
ments whorn [fie,,,, represent, representatives of rnernber
governments to the
Council of the Organization shall
enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
inIMUllity fl-0111 personal arrest or detention and
from seizure of (heir personal baggage )rid
inviolability for all papers and documents;
(b) immunity frorn legal process of every kind in
respect of words spoken oi- written and all, acts done
l) \r theni ill their capacit i \7 as
(c) exercising their functions and during their
journey to and from the place of meeting, the like
exemption or relief from taxes as is accorded to in
envoy of a foreign sovereign power accredited to
Ilis ','xlaj*estv, save that the relief allowed shall riot
include relief frorn custonns and excise duties except
in respect of goods imported as part of their
personal baggage. They shall riot, where the





incidence of any form of taxation depends upon
residence, be deemed to be resident 'In llong l~-1011cr
during any period when they are present in Hong
Kong whilst exercising their functions or during
their journey to and from the place of meeting.
The provisions of this paragraph shall not apply
to British subjects usual place of abode is in
Hong Kong.

(2) For the purpose of the application of this Order,
the expression 'representatives of member governments'
shall be deemed to include their official staffs, accompanying
them as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretAries of delegations.

(3) The provisions of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon any
person as the representative of His i~laj't~st),'s Go~ci-iiiiient
in Hong Kong or as a nierriber of the staff of such a.
representative, or any person who is a British subject and
who is not thee representative of a Government of Ilis
Allajest.y other than His Majesty's Governnient in Hong
Kong or the inernber of the staff of and accompanying anY
such representative.

C. High Officials.

9. Except in so far as in any particular case any
privilege or immunity is waived by !lie Organization, the
Secretary-General or the Deputy Secretary-General of the
Organization and the President of the Council of' the
Organization shail be accorded in respect of themselves,
their spouses and children under the age. of twerity-one, the
like immunity from suit and legal process, the like in-
violability of residence and the like exemption o~'i-elief from
taxes as is accorded to an envoy of a foreign sovereign
power accredited to [lis 1Majesty, his spouse and children,
including exemption from income tax in respect of emolu-
ments. received by them as officers of the Organization.

D. Persons Serving on Committees of or Erri,ployed on
Alfissi(ns on, behalf of the Organizatiov.

10. Except in so far as in any particular case any
privilege or immunity is waived by the Organiz-ttion, persons





(other than officials of the Organization) serving on corn-
mittees of, or employed on missions on behalf of the
Organization shall enjoy-
(a) .~,Iiile exercising their functions as such, and during
tt,
their journey to and from the place of meeting,
immunity from personal arrest or detention and
from scizure. of their personal baggage and
inviolability of all papers and documents relating
to the work of the Organization ;
(b)immunity from legal process of every kind in
respect of words spoken or written and -ill acts done
by thein ]n the exercise of these Functions. Such
immunity shall continue notwithstanding that the.
pei-sons concerned are, no longer employed on
missions on behalf of the Organization.

El. 01her Ofitcials of the 0,rgani.~aiion.

11. Except in so far as in any particular case any
privilege or ii-iiiiitiiiit~, is waived by the Organization,
officials of the Organ17ation (other than those referred to in
Article 9 above or officials engaged locally and remunerated
by payrnent calculated on the nurnber of hours worked) shall
enjos - --
(a) inii-nunity froni suit and lc-al process in respect of
h
words spoken or written and all acts done by them
in the. coul'se of the performance of their official
duties; and
(b)exemption frorn. income tax in respect of emolu-
illents received by them as officers or servants of the
orga 11 iza 11011.

The Governor declares and provides and it is hereby
declared and provided as follows-

THE WORLD HEALTH ORGANIZATION.

A. The Orgai?.lzatioii.

1. The World Health Organization is an organization
to ~xliicli [lie Diplomatic Privileges Ordinance shall apply.





2. The World Health Organization shall have the
legal capacities of a hod ' V corporate and, except in so far as
in any particular casc it has expressly waived its immunity,
immunity from sult and ]c-al process. No waiver of
immunity shall be deemed to extend to any measure of
execution.

3. The World Health Organization shall have the like
inviolability of official archives and premises occupied as
offices as is accorded in respect of official archives and
premises of an envoy of a foreign sovereign power accredited
to His 1Majesty.

4. The 'YVorld Health Organization shall have the like
exemption or relief from taxes and rates, other than taxes on
the importation of goods, as is accorded to a foreign
sovereign power.

5. The World Health Organization shall Imve exernp-
tion from taxes on the importation of goods directls
imported by the Organization for its official use in Hong
Kong or for exportation, or on the importation of an.\,
publications of the Organization directly imported by it,
such exemption to he subject to compliance with such condi-
tions as the Directoi - of Commerce and Industry iiii~
prescribe for the protection of the revenue.

6. The World Health Organization shall have exenip-
tion from prohibitions and restrictions on importation or
exportation in the case of goods directly imported or exported
by the Organization for its official use and in the case of ally
publications of the Organization directly imported or
exported by, it.

7. The World Plealth Oiganization shall the
right to avail itself, for telegraph,ic communications sent by
.it and containing only matter intended for publication by
the press or for broadcasting (including communications
addressed to or despatched from places outside Hong
Kong) of 'any reduced rates applicable for the correspond
ing service in the case of press telegrams.





B. Representatives of Members and of the Executive Board
of the World Health Organization.
6

8. (1) Except in so far as in any particular case any
privilege or immunity is waived, in the case of representa-
tives of member Governments, by the member Governments
whom tlic.5~ represent, and in the case of persons designated
to serve on the EXCCUti\,e Board of the World Health
Organization and their alternates and advisers, by the
Exf-cutive Board, representatives of mernber Governments
and persons desigwited to serve on the Executive Board
of the Organization and their alternates and advisers shall
enjoy,-
(a)while exercising their functions as such, and
during their journey to and from the place of rneet-
ing, immunity from personal arrest or detention and
from seizure of their personal baggage and
inviolability of all papers and documents;
(b)immunity from legn] process of every kind in
respect of words spoken or written and all acts
done by, thern in their capacity as representatives;
(c)while exercising their functions and during their
journcy to and from the place of meeting, the like
exemption or relief from taxes as is accorded to an
envoy of a foreign power accredited to His Majesty,
save that the relief allowed shall not include relief
from customs and excise duties except in respect of
0100ds imported as part of their personal baggage.
They shall not, where the incidence of any form of
taxation depends upon residence, be deemed to be
resident in Hong Kong during any period when
they are present in Hong Kong whilst exercising
tlicii. functions or during their journey to and from
the place of meeting. The provisions of this para-
graph sliall not apply to British subjects whose
usual place of abode is in Hong Kong.

(2) For the purposes of the application of this Order,
the expression 'representatives of member governments'
shall be deemed to include their official staffs, accompanying
them as such representatives, as delegates, deputy, delegates,
advisers, technical experts or secretaries of delegations.

(3) The provisions of thp. preceding paragraphs of this
Article shall not confer any immunity or privilege upon any,





person as the representative of His NLliesty's Government
in Hong Kong or as a mcri-iber of the stall ol: such a repre-
sentative or any person who is a British subject and who
is not the representative of a Government of His Majesty
other than His Majesty's Government ill Hong Kong ol- a
member of the staff of and accompanying such
representative.

C. High 0.fficials.,

9. Except in so far as ill ally particular case any
privilege or immunity is waived by the World Health
Organization, officers of the Organization holding the offices
of Director-General or Deputy Direetor-General shAl be
accorded in respect of themselves, their spouses and children
,under the age of twenty-one, the like in-iinunity froin stilt
and legal process, the like inviolability of residence and tile
like exemption or relief from taxes as is accorded to .ill Clivo.\
of a foreign sovereign power accredited to His his
j
spouse and children, and they shall also enjoy exeniption
frorn income tax in respect of emoluments received by thein
as officers of the World Health Organization.

1). Persons Serving on Committees of or Employed on
Alissions on behalj of the Orgaiilzatiolib.

10. Except in so far as in any particular case any
privilege or immunity is waived by the World Health
Organization, persons (other than officials of the Organiza-
tion) serving on committees of, ol- employed on missions
on behalf of the Organization shall enjoy--- -
(a)while exercising their functions as such, and dui-iii(r
their journey to and from the place of rneetinol
immunity from personal arrest ol- detention and
from seizure of their person*lal baggage an(l
inviolability of all papers and (locuments relating to
the work of the Organization ;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by theiri in the exercise of their functions. Such
immunity shall continue notwithstanding that the
person concerned is no longer employed on missions
on behalf of the Organization.





E. Other Ofilcials of lite Or,-ti~i12~itioit.

11. Except in so far as in any partictilar case any
privilege or iiiiiiii,iiiity is waived by the Organization, all
officials of the World Health Organization, (other than
those referred to in Article 9 above or officials engaged
locally mid remunerated by payment c-AcijIated on the
miniber of hours worked) shall enjoy-
(a)iinnitinity from suit and legal process in respect of
words spoken or written and all acts done by them
in the cotil-se of the perfornla lice of their official
duties;
(1)) exemptionfroin income tax in i-cslect of eniolu-
nients received by thern as officers and servants of
the Flealtb Organization.

The Governor declares and provides and it is hereby
d.eclared and provided as follows-

THE F001) AND AGRICULTURE ORGANIZATION.

A. The Organizatioil..

1. Th c Food and Agriculture Organization (hereinafter
referred to as the Organization) is an organization to which
the Diplomatic Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of
a body corporate and, except in solfar as in any particular
case it has 'expressly waived its immunity, immunity from
sult and legal process. No w,,.xivei. of ininitinity shall be
deemed to extend to any rneasure of execution.

3. The Organization shall have the like inviolability of
official archives and premises occupied as offices is is
accorded in respect of official archives and preinises of an
envoy of a foreign sovereign. power accredited to Flis
Majesty.

4. The Organization shall have the like exemption or
relief from taxes and rates, other than taxes on the importa-
tion of goods, as is accorded to a foreign sovereign power.





5. The Organization shall have exemption from taxes
on the importation of goods directly imported by the
Organization for its official use in Hong Kon- or for exporta-
tion, or on the importation of any of the publications of the
Organization directly imported by it, such exemption to be
subject to compliance with such conditions as the Director
of Commerce and Industry may prescribe for the protection
of the revenue.

6. The orgall izat loll shall have exemption from pro-
hibitions and restrictions on the importation or exportation
ill the case of goods directly imported or exported by the
Organization for its official use and in the case of any
publications of the Organization directly imported or
exported by it.

7. The Organization shall have the right to avail itself,
for telegraphic communications sent by it and containing
only matter intended for publication by the press or for
broadcasting (inC]Lldllll)- con-lmunications addressed to or
despatched froin places outside Hong 1'..ori,,), of any rCdLICC.QJ
iates applicable for the corresponding service in the case of
press telegrams.

B. Pxepresenhill~t,es of Aleinbers : Chairman of /he
Council of the Org(inizatt'olil,.

8.. (1) Except in so far as any privilege or immunity
is waived, in the case of representatives of member govern-
rnents, by the Governments whom they represent and, in
the case of the Chairman of the Council of the Organization,
by the Council of the Food and A-riculture Organization,
representatives of member governments, and the Chairman
of the Organization ' shall enjoy-
(a)while exercising their functions as such, and
during. their journey to and from the. place. of
meeting,, inirminity frorn Personal arrest ol- deter-
tion in(! from seizure of their personal baggage
and inviolability for all papers and documents;
(b)immunity from legal process of every kind ill
respect of words spoken or written and all acts done
by them in their capacity as representatives;
(c)while exercising their functions and during their
journey to and from the place of meeting, the like





exemption (r relief from taxes as is accorded to an envoy of a
foreign sovereign power accredited to His lklaiesty, save
that the relief allowed shall not include relief frorn customs
and excise duties except in respect of goods imported as part
of their personal baggage. They shall not, where the
incidence of any, forin of taxation depends upon residence,
be deemed to be resident in Hong Kong ditring any period
when they are present in Flong Kon(y \Vliilst exercising their
functions and during thell. journey to and from the place of
meeting. The provisions of this paragraph shall not apply to
British subjects whose usual place of abode is in Hong
Kong.

(2) For the purpose of the application of this Order, tile expression
'representatives of member governments' shall be deemed to include
their official staffs accompanying them -IS Such representatives, a s
delegates, deputy delegates, advisers, technical experts or secretaries
of delecratiolls.

(3) The provision of the preceding paragraph of this
Article shall not confer any imi-nunitv or privilege upon
-111v person as the re(resentative of His Majesty's Govern-
nient in Hong Kong or as a member of the staff of such
a representative, ol. any person who is a British subject and
who is not the representative of a Government of His
i~,1,tj~sty other than His Majesty's Government in Hong
ling ,in),,

Kong or a menibei. of the staff of and accompany' such
representative.

. C. High Officials.

9. Except in so far as in any particular case any privilege ol- imi-
nunity. is waived by the Organization, officers Of the Organization
holding the offices of Director-General and Deptity Director-Gene ral
shall be accorded in respect of themselves, their spouses and children
under the age of twenty-one, the 11ke immunity from suit and legal
process, the like inviolability of residence and the iike exemption or
relief from taxes as is accorded to an envoy of a foreign sovereign
power accredited to his Majesty, his spouse and





children, including exemption from income tax in respect
of emoluments received by (Item as officers of the
Organization.

D. Persons Employed on Afissions on behalf of the
Organization.

10. Except in so far as in any particular case
privilege or immunity is waived by the OrIganization,
persons (other than officials of the Organization) servility 011
Committees of, or on behalf of the Organization shall
enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
i.mmunity from personal ariest ol- detention and
from seizure of their personal baggage and in-
violability of all papers and documents relLtiiig to
the work of the Organization ;
(b)immunity frorn legal process of every kind in
respect of words spoken or written and all acts done
by them in the exercise of their functions. Such
immunity shall continue notwithstandin- that the
persons concerned are no longer employed on
missions on behalf of the Organization.

E. Other Officials of the Organization.

11. Except in so far as in any particular case in),
privilege or immunity is waived by the Organization, all
officials of the Organization (other than those referred to in
Article 9 above or officials engaged locally and remunerated
by payment calculated on the number of hours worked) shall
enjoy-
(a)immunity from suit and legal process in respect of
words spoken or written 'and all acts done by them
in the course of the performance of their official
duties ;
(b)exemption from income tax in respect of emolu-
ments received by them as officers or servants of
the Organization.





The Governor declares and provides and it is hereby
declared and provided as follows-

THE UNITED NATIONS EDUCATIONAL,
SCIENTIFIC AND CULTURAL ORGANIZATION-

A. The Organization.

1. The United Nations Educational, Scientilic and
Cultural Organization (hereinafter referred to is the
Organization) is an organization to which the Diplomatic
Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of
a body corporate and, except in so far as in any particular
case it has expressly waived its imint.inity, immunity from
suit and legal process. No waiver of immunity shall be
deemed to extend to any measure of execution.

3. The Oro-anization shall have the like inviolability
of official archives and premises occupied as offices as is
accorded in respect of official archives and premises of an
envoy of a foreign sovereign power accredited to His
Majesty.

4. The Organization shall have the like exemption or
relief frorn taxes and rates, other than taxes on the importa-
tion of goods, as is accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes
on the importation of goods directly imported by the
Or-anization for its official use in Hong Kong or for
exportation, or on the importation of any of the publications
of the Organization directly irnported by it, such exemption
to be subject to compliance with such conditions as the
Director of Commerce and Industry may prescribe for the
protection of the revenue.

6. The Organization shall have exemption from
prohibitions and restrictions on the importation or exporta-
tion in the case of goods directly imported or exported by
the Organization for its official Lise and in the case of an\,
publications of the Organization directly imported or
exported by it.





7. The Organization shall have the right to avail it-
self, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press
or for broadcasting (including communications addressed
to or despatched from places outside Hong Kong), of any
reduced rates applicable for the corresponding service in tli'e
case of press telegrams.

B. l~epresen,t(it]7,es of iWembers : The Presidevi. of Ihe
Coiz,fer,2?7ce : Alembers of Ihe E.vectiti'-,,e Board of Ihe
0,rgti?ili'zti[I0?b.

8. (1) Except in so far as any privilege or immunity
is waived, in the case of representatives of member govern-
merits, by the Governments whom they represent; in the
case of the President of the Conference, by the Organiza-
tion ; and in the case of rilembers of the Executive Board,
by the Executive Board of the Organization.; representa-
tives of. member governments, the President of the Con-
ference of the Organization, and members of the Executive
Board of the Organization shall enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and in-
violability for all papers and documents;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by them in their capacity as representatives;
(c)while exercising their functions and during their
journey to and from the place of meeting, the like
exemption or relief from taxes as is accorded to an
envoy of a foreign sovereign power accredited to
His Majesty, save that the relief allowed shall riot
include relief from customs and excise duties except
in respect of goods imported as part of their per-
sonal baggage. They shall riot, where the
incidence of any forin of taxation depends upon
residence, be deemed to be resident in Hong Kong
durin- any period when they are present in Hong
Kong whilst exercising their func(ions and during
their journey to and from the place of meeting. The
provisions of this paragraph shall not apply to





British subjects whose usual place of abode is in
Hong Kong.

(2) For the purpose of the application of this Order,
the expression 'representatives of member governments'
shall be deemed to include their official staffs accompanying
thern as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon any
person as the representative of His Majesty's Government
in Hong Kong or as a member of the staff of such a repre-
sentative, or any person who is a British subject and who
is not the representative of a Government of His Majesty
other than His Majesty's Government in Hong Kong or a
member of the staff of and 'accompanying any such repre-
sentative.

C. High Officials.

9. Except in so far as in any particular case any pri-
vilege ot- ininitinity is waived by the Organization, officers
of the Organization holding the offices of Secretary General
and Deputy Secretary General shall bc accorded in respect
of themselves, their Spouses and children under the age of
twenty-one, the like immunity from suit and legal process,
the, like inviolability of resid~nce and the like exemption or
relief from taxes as is accorded to an envoy of a foreign
sovereign power accredited to His Majesty, his spouse and
children, including exemption from income tax in respect of
emoluments received by them as officers of the Organiza-
tion.

D. Persons Employed on Missions on behalf of the
0,rganization.

10. Except in so far as in any particular case any
privilege or immunity is waived ~y the Organization,
persons employed on missions on behalf of the Organiza-
tion shall enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
immunity from personal arrest or detention and





from seizure of their personal baggage and
inviolability of all papers and documents relating
to the work of the Organization;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by thern in the exercise of their functions. Such
immunity shall continue notwithstanding that the
persons concerned are rl(,) longer employed on
missions on behalf of the Organization.

E. Other Officials of the Org(t7zlz6il,10)1.

11. Except in so far as in any particular case any
privilege or immunity is waived by the Organization, all
officials of the Organization (other than those referred to in
Article 9 above or officials engaged local]), and remunerated
by payment calculated on the number of hours worked) shall
enjoy-
(a)immunity from stilt and legal process in respect of
words spoken ol- written and all acts (lone by tlieni
in the course of the performance of their official
duties;
(b)exemption from income tax in respect of emolu-
merits received by them as officers ol- servants of
the Organization.

The Governor declares and provides and it is hereby
declared and provided as follows-

THE INTERNATIONAL REFUGEE
ORGANIZATION.

A. The Orgttitl--atioib.

1. The Internatiowil Reftigee Organization (hereafter
b
referred to as the Organization) is an organization to which
the Diplomatic Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of
a body corporate and, except in so far as in in), particular





case it has expressly waived its irrimunity, immunity from
suit and legal process. No waiver of immunity shall be
deemed to extend to any measure of execution.

3. The Organization sliall have the like inviolability of
official archives and premises occupied as offices as is
accorded in respect of official archives and premises of an
envoy of a foreign sovereign power accredited to His
Majesty.

4. The Organization shall have the like exemption or
relief from taxes and rates, other than taxes on the importa-
tion of goods, as is accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes
on the importation of goods directly imported by, the
Organization for its official use. in Hong Kong or for exporta-
tion, or on the importation of any publications of the
Organization directly. imported by it, such exemption to be
subject to cornp.11ance with such conditions as the Director
of Commerce and Industry may prescribe for the protection
of the revenue.

6. The Organization shall have exemption from pro-
hibitions and restrictions on importation or exportation in the
case of goods directly imported or exported by the Organiza-
tion for its official use and in the case of any publication of
the Organization directly imported or exported by it.

7. The Organization shall have the right to avail itself,
for telegraphic communications sent by it and containing
.only matter intended for publication by the press or for
broadcasting (including communications addressed to or
despatched from places outside Hong Kong) of any reduced
rates applicable for the corresponding service in the case of
press telegrams.

B. Representatl,,,es of Alevibers.

8. (1) Except in so far as in any particular case any
privilege or immunity is waived by the member govern-





merits whom they represent, representatives of ineniber
governments to the Council of the Organization shall
enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of rneeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and
inviolability for all papers and documents;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by thern in their capacity as representatives;
(c)while exercising their functions and dui-ing their
journey to and from the place of meeting, the like
exemption or relief frorn taxes as is accorded to an
envoy of a foreign sovereign power accredited to
His Majesty, save that the relief allowed, shall not
include relief from customs and excise duties except
in respect of goods imported as part of their personal
baggage. They shall not, where the incidence of
any form of taxation depends upon residence, be
deemed to be resident in Hong Kong during any
period when they are present in Llong Kon- whilst
exercising their functions or during their journey
to and from the place of meeting. The provisions
of this paragraph shall not apply to British subjects
whose usual place of abode is in Hong Keng.

(2) For the purpose of the application of this Order,
the expression 'representatives of member governirients-
shall be deemed to include their official staffs, 'accompanying
them as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.

(3) The provision., of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon
any person as the representative of His Majesty's Govern-
ment in Hong Kong or as a member of the staff of such a
representative, or any person who is a British subject and
who is not the representative of a Government of His
Majesty 'other than His Majesty's Government in Hong
Kong or the member of the staff of and accompanying ,.in),
such representative.





C. High Offlicials.

9. Except in so far as in any particular case any
privilege or immunity is waived by the Organization, the
Director-General or the Deputy Director-General of the
Organization shall be accorded in respect of themselves,
iheir spouses and children under the age of twenty-one, the
h
like immunity from suit and legal process, the like inviola-
bility of residence and the like exemption or relief from
taxes, as is accorded to ail envoy of a foreign sovereign
power accredited to His Majesty, his spouse and children,
including exemption from income tax in respect of emolu-
inents received by them as officers of the Organization.

D. Persons Employed on Alissions on behalf
of the 0,rgani,-atioi?..

10. Except in so far as in any particular case any
privilege or immunity is waived by the Organization,
persons employed on missions on behalf of the Organization
shall enjoy-
(a)while exercising their functions as such, and durin.g
their journey to and from the place of meeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and inviola-
bility of all papers and documents relating to the
work of the Organization ;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts
done by them in the exercise of these functions.
SLICII immunity shall continue notwithstanding
that the persons concerned are no longer employed
on missions on behalf of the Organization.

E. Other Officials of the Organization.

11. Except in so far as in any partic ular case any
privilege or immunity is waived by the Organization,
officials of the Organization (other than those referred to
in Article o above or officials engaged locally and
remunerated by payment calculated on the number of hours
worked) shall enjoy-





(a)immunity from suit and legal process in respect of
words spoken or written and all acts done by thern
in the course of the performance of their official
duties; and
(b)exemption from income tax in respect of emolu-
ments received by them as officers or servants of
the Organization.

CHAPTER 191.

(Ordinance No. 47 Of 1949).

REPRESENTATION OF FOREIGN POWERS
(CONTROL).

No subst'diary legislation.

CHAPTER 192.
(Ordinance NO. 47 Of 1948).
TRADE COMMISSIONERS PRIVILEGES.
No subsidiary legislation.

CHAPTER 193.
(Ordinance No. i of 1863).
ADMIRALTY (VESTING OF PROPERTY).
No subsidiary legislation.
G.N.A. 286/48. [19th November, 1948.] (Cap. 190.) See Circ. 28th April, 1948. [article 15 cont.] G.N.A. 100/50. [19th May 1950]. (Cap 190.) [article 8 cont.] [article 11 cont.] G.N.A. 102/50. [19 th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 104/50. [19th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 106/50. [19th May, 1950.] (Cap. 190.) [article 9 cont.] G.N.A. 108/50. [19th May, 1950]. (Cap. 190.) [article 10 cont.] G.N.A. 110/50. [19th May, 1950]. (Cap. 190.} [article 8 cont.] [article 11 cont.]

Abstract

G.N.A. 286/48. [19th November, 1948.] (Cap. 190.) See Circ. 28th April, 1948. [article 15 cont.] G.N.A. 100/50. [19th May 1950]. (Cap 190.) [article 8 cont.] [article 11 cont.] G.N.A. 102/50. [19 th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 104/50. [19th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 106/50. [19th May, 1950.] (Cap. 190.) [article 9 cont.] G.N.A. 108/50. [19th May, 1950]. (Cap. 190.) [article 10 cont.] G.N.A. 110/50. [19th May, 1950]. (Cap. 190.} [article 8 cont.] [article 11 cont.]

Identifier

https://oelawhk.lib.hku.hk/items/show/2006

Edition

1950

Volume

V10

Subsequent Cap No.

190

Number of Pages

27
]]>
Tue, 23 Aug 2011 15:48:11 +0800
<![CDATA[DIPLOMATIC PRIVILEGES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2005

Title

DIPLOMATIC PRIVILEGES ORDINANCE

Description






CHAPTER 190.

DIPLOMATIC PRIVILEGES.

To make provision as to the immunities, privileges aitd
capacities of international organizations of which His
Majesty's Government in the United Kingdom aitd
foreign governments are members; to confer immunities
and privileges on the staffs of such organizations aitd
representatives of member governments and in respect
of premises and documents of such organizations; to
assimilate the law of the Colony relating to the im-
munities and privileges as to person, property or servants
of sovereign diplomatic agents or the representatives of
sovereign powers to the law of England; and for pur-
poses connected with the matters aforesaid.

[29th October, 1948.]

1. This Ordinance may be cited as the Diplomatic
Privileges Ordinance.

2.(1) When any organization has been declared by
His Majesty by Order in Council made under the Diplomatic
Privileges (Extension) Acts, 1944 and 1946, to be an
organization of which His Majesty's Government in the
United Kingdom and the government or governments of one
or more foreign sovereign powers are members, the Governor
may, by notification in the Gazelte, declare that this Ordin-
ance shall apply to such organization and-
(a)provide that any such organization to which this
Ordinance applies (hereinafter referred to as 'the
organization') shall, to such extent as may be speci-
fied in the notification, have the immunities and
privileges set out in Part I of the Schedule, and
shall also have the legal capacities of a body
corporate;
(b)confer upon such number of officers of the organiza-
tion as may be specified in the notification, being
the holders of such high offices in the organization
as may be specified in the notification, and upon
such persons employed on missions on behalf of the
organization as may be so specified, and upon any
person who is the representative of a member govern-





ment on the governing body or any committee of the
organization, to such extent as may be so specified,
the immunities and privileges set out in Part II of
the Schedule ;
(c)confer upon such other classes of officers -and
servants of the organization as may be specified in
the notification, to such extent as may be so specified,
the immunities and privileges set out in Part III
of the Schedule;
aiid Part IV of the
Schedule shall have effect for the purpose
of extending to the staffs of representatives of member
governments and to the families of officers of the organization
any immunities and privileges conferred on the representa-
tives or officers under paragraph (b), except in so far as the
operation of the said Part IV is excluded by the notification
conferring the immunities and privileges.

(2) Where immunities and privileges are conferred on
any persons by the notification made under subsection (i),
the Governor-
(a) shall compile a list of the persons entitled to
immunities and privileges conferred under paragraph
(b) of that subsection, and may compile a list of
persons entitled to immunities and privileges con-
ferred under paragraph (c) of that subsection ;
(b) shall cause any list compiled under this subsection
to be published in the Gazette; and
(c) whenever any person ceases or begins to be entitled
to the immunities and privileges to which any such
list relates, shall amend that list and cause a notifica-
tion of the amendment, or, if he thinks fit, an
amended list, to be published as aforesaid.

(3) Every list or notification published under sub-
section (2) shall state the date from which the list or amend-
ment takes or took effect; and the fact that any person is or
was included or not included at any time among the persons
entitled to the immunities and privileges in question
may, if a list of those persons has been so published, be
conclusively proved by producing the Gazette containing the
list, or, as the case may be, the last list taking effect before
that time, together with the Gazette (if any) containing
notices of the amendments taking effect before that time, and





by showing that the name of that person is or was at that
time included or not included in the said list.

3. (1) Where a conference is held in the Colony and is
attended by the representatives of His Majesty's Government
in the United Kingdom and the government or governments
of one or more foreign sovereign powers, and it appears to
the Governor that doubts may arise as to the extent to which
the representatives of such foreign powers and members of
their official staffs are entitled to diplomatic immunities, he
may-
(a)compile a list of the persons aforesaid who are
entitled to such immunities, and cause that list to
be published in the Gazette; and
(b)whenever it appears to the Governor that any person
ceases or begins to be entitled to such immunities,
amend the list and cause a notification of amendment
or, if he thinks fit, an amended list, to be published
as aforesaid;
and every representative of a foreign power who is for the
tirne being included in the list shall, for the purposes of any
enactment and rule of law or custom relating to the immuni-
ties of an envoy of a foreign power accredited to His Majesty,
and of the retinue of such an envoy, be treated as if he were
such an envoy, and such of the members of his official staff
as are for the time being included in the list shall be treated
for the purpose aforesaid as if they were his retinue.

(2) Every list or notification published under subsection
(i) in relation to any conference shall include a statement of
the date from which the list or amendment takes or took
effect; and the fact that any person is or was included or
not included at any time among the persons entitled to
diplomatic immunities as representatives attending the con-
ference or as members of the official staff of any such
representative may, if a list of those persons has been so
published, be conclusively proved by producing the Gazette
containing the list or, as the case may be, the last list taking
effect before that time, together with the Gazette (if any)
containing notices of the amendments taking effect before
that time, and by showing that the name of that person is or
was at that time included or not included in the said list.





4. This Ordinance shall, in its application to the United
Nations, have effect subject to the following provisions-
(a)any reference to the governing body or any com-
mittee of the organization shall be construed as
referring to the General Assembly or any council or
other organ of the United Nations; and
(b) the powers conferred by subsection (i) of section 3
shall include power by notification in the Gazette
to confer on the judges and registrars of the
International Court, and on suitors to that Court
and their agents, counsel and advocates, such
immunities, privileges and facilities as may be
required to give effect to any resolution of or conven-
tion approved by the General Assembly of the
United Nations.

5. Nothing in the foregoing provisions shall be con-
strued as precluding the Governor from declining to accord
immunities or privileges to, or from withdrawing immunities
or privileges from, nationals or representatives of any power
on the ground that that power is failing to accord correspond-
ing immunities or privileges to British nationals or repre-
sentatives.

6. Notwithstanding any provision to the contrary con-
tained in the law applicable to the Colony, the law and
custom relating to the immunities and privileges as to person,
property or servants of sovereigns, diplomatic agents, or the
representatives of foreign powers for the time being in force
in England shall, in so far as the same is applicable mutatis
mutandis, have effect and be enforced in the Colony.

SCHEDULE. [s. 2.]

PART I

IMMUNITIES AND PRIVILEGES OF THE ORGANIZATION.

1. Immunity from suit and legal process.
2. The like inviolability of official archives and premises
occupied as offices as is accorded in England in respect of the official
archives and premises of an envoy of a foreign sovereign power
accredited to His Majesty.





3. The like exemption or relief from taxes and rates, other
than taxes on the importation of goods, as is accorded in England
to a foreign sovereign power.
4. Exemption from taxes on the importation of goods directly
imported by the organization for its official use in the Colony or
for exportation, or on the importation of any publications of the
organization directly imported by it, such exemption to be subject
to compliance with such conditions as the Director of Commerce
and Industry may prescribe for the protection of the revenue.
5. Exemption from prohibitions and restrictions on importa-
tion or exportation in the case of goods directly imported or exported
by the organization for its official use and in the case of any
publications of the organization directly imported or exported by
it.
6. The right to avail itself, for telegraphic communications
sent by it and containing only matter intended for publication by
the press or for broadcasting (including communications addressed
to or despatched from places outside the Colony) of any reduced
rates applicable for the corresponding service in the case of press
telegrams.
PART II.
IMMUNITIES AND PRIVILEGES OF HIGH OFFICERS, PERSONS ON
MISSIONS AND GOVERNMENT REPRESENTATIVES.
1. The like immunity from suit and legal process as is
accorded in England to an envoy of a foreign sovereign power
accredited to His Majesty.
2. The like inviolability of residence as is accorded to such
an envoy.
3. The like exemption or relief from taxes as is accorded to
such an envoy.
PART III.
IMMUNITIES AND PRIVILEGES Or OTHER OFFICERS AND SERVANTS.
1. Immunity from suit and legal process in respect of things
done or omitted to be done in the course of the performance of
official duties.
2. Exemption from income tax in respect of emoluments
received as an officer or servant of the organization.

PART IV.
IMMUNITIES AND PRIVILEGES OF REPRESENTATIVE'S STAFF AND
OF HIGH OFFICER's FAMILY.
1. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as the
repr~sentative of a member government, his official staff accom-
panying him as such a represenCitive shall also be entitled to those
immunities and privileges to the same extent as the retinue of an
envoy of a foreign sovereign power accredited to His Majesty is
entitled in England to the immunities and privileges accorded to
the envoy.
2. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as an officer
of tile organization, that person's wife or husband and children
under the age of twenty-one shall also be entitled to those
immunities and privileges to the same extent as the wife or husband
and children of an envoy of a foreign sovereign power accreditd
to His Majesty are entitled in England to the immunities and
privileges accorded to the envoy.
56 of 1948. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. [cf. 7 & 8 Geo. 6 c. 44.] [cf. 9 & 10 Geo. 6 s, 66.] Schedule. [s. 2 cont.] Diplomatic immunities of representatives attending internationals conferences. Application to United Nations. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Exemptions. Power of Governor in Council to amend Schedules. 9 of 1950, Schedule. G.N.A. 28/50. G.N.A. 44/50. G.N.A. 95/50.

Abstract

56 of 1948. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. [cf. 7 & 8 Geo. 6 c. 44.] [cf. 9 & 10 Geo. 6 s, 66.] Schedule. [s. 2 cont.] Diplomatic immunities of representatives attending internationals conferences. Application to United Nations. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Exemptions. Power of Governor in Council to amend Schedules. 9 of 1950, Schedule. G.N.A. 28/50. G.N.A. 44/50. G.N.A. 95/50.

Identifier

https://oelawhk.lib.hku.hk/items/show/2005

Edition

1950

Volume

v4

Subsequent Cap No.

190

Number of Pages

5
]]>
Tue, 23 Aug 2011 15:48:10 +0800
<![CDATA[CONSULAR PRIVILEGES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2004

Title

CONSULAR PRIVILEGES ORDINANCE

Description






CHAPTER 189.

CONSULAR PRIVILEGES.

To provide for the remission of taxes duties rates and other
charges paid or payable by consular officials in certain
cases aitd for purposes ancilliary thereto.

[7th February, 1947.]

1. This Ordinance may be cited as the Consular
Privileges Ordinance.

2. In this Ordinance-
'consul' means a person recognized by the Governor as
being a consul general, consul or vice consul or consular
agent ;
'consular official' means a person not being a consul who is
employed upon the staff of any consulate;
'tax' includes an assessment, valuation, levy, rate or other
similar charge.

3. The Governor in such manner as lie shall think
fit may direct that any tax, duty or fee payable or paid
by a consul or consular official under the law of the Colony
may be remitted and where necessary refunded when sucil
tax, duty or fee is payable or has been paid by a person
who should in the opinion of the Governor receive such
remission or refund by reason of the treatment accorded to
His Majesty's consular staff by the state represented by or
which employs such consul or consular official.
5 of 1947. 24 of 1950. Schedule. Short title. Interpretation. 24 of 1950, Schedule. Remission of taxes, duties and fees. 24 of 1950, Schedule.

Abstract

5 of 1947. 24 of 1950. Schedule. Short title. Interpretation. 24 of 1950, Schedule. Remission of taxes, duties and fees. 24 of 1950, Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2004

Edition

1950

Volume

v4

Subsequent Cap No.

189

Number of Pages

1
]]>
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<![CDATA[TRADING WITH THE ENEMY]]> https://oelawhk.lib.hku.hk/items/show/2003

Title

TRADING WITH THE ENEMY

Description






TRADING WITH THE ENEMY.

(Cap. 188).
(Ordinance NO. 25 Of 1914).

Forms.

Forfornts prescribed undeT the Trading with, the Eneviv
Ordillance, 1914, we the Schedule to that Ordinance.

Fees chargeable by Custodian.

[S. 22 (1) (e).] [28th July, 1916.]

The- fees which shall be paid to the Custodian in
respect of his duties under the Trading with the Enemy
Ordinance. shall be-
on all sums received by the Custodian
under the said Ordinance-'two per cent.

The said fees, shall be paid into the revenue of the
Colony.
[29th April, 1921.]

The said fees shall be charged on the proceeds of all
sales by the Custodian under the said Ordinance and on
all rents collected 'by the tustodian as well as on all divi-
dends, interest and shares of profits paid to the Custodian.
*Note: -Until repeal or replacement of the Custodian's Proclamation,
1945 (See First Schedule to Ordinance No. 20 of 1948) the
Custodian's fee chargeable thereunder is 4% (See
G.N. 662/46).

CHAPTER 189.
(Ordinance No. 5 Of 1947).
CONSULAR PRIVILEGES.
No subsidiary legislation.
Regulations - Fraser vol. 2, p. 828. (Cap. 188.) G.N. 1092/39.

Abstract

Regulations - Fraser vol. 2, p. 828. (Cap. 188.) G.N. 1092/39.

Identifier

https://oelawhk.lib.hku.hk/items/show/2003

Edition

1950

Volume

V10

Subsequent Cap No.

188

Number of Pages

1
]]>
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<![CDATA[TRADING WITH THE ENEMY ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2002

Title

TRADING WITH THE ENEMY ORDINANCE

Description






CHAPTER 188.

THE TRADING WITH THE ENEMY ORDINANCE.'

ARRANGEMENT OF SECTIONS.

Section Page

1. Short title ............................. ... ... ... ... ... 441
2. Interpretation .......................... ... ... ... ... ... 441

3. Special provision for areas in the occupation of a power at
war with His Majesty .................. ... ... ... ... 442

4. Definition of enemy ..................... ... ... ... ... ... 443

TRADING WITH THE ENEMY AND MATTERS
RELATING THERETO.

5. Penalties for trading with the enemy .... ... 443

6. Purchase of enemy currency .............. ... ... ... ... ... 446

7. Transfer of negotiable instruments and choses in action by
enemies ............................... ... ... ... ... ... 446

8. Transfer and allotment of securities .... ... ... ... ... 447

9. Inspection, obtaining of information, and search ... ... 448

10. Inspection and supervision of businesses ... ... ... ... 449

11. Power to use information in evidence against informant 450

12. Power to control and wind up certain business ... ... ... 450

13. Power to appoint controller ............ ... ... ... ... ... 450

14. Exception in the case of certain banks ... ... ... ... 451

15. Power to impose restrictions on business of enemy subjects
and of local branches of enemy firms ... ... ... 451

16. Certain powers not to be limited ....... ... ... ... ... ... 452

PROPERTY OF ENEMIES AND ENEMY SUBJECTS.

17. Custodian of enemy property ............ ... ... ... ... ... 452

18. Disposal of dividends, etc., payable to enemy ... ... ... 453

19. Duty of trustees for enemies to notify the Custodian ... 454

20. Power to vest enemy property in Custodian ... 456

21. Holding and dealing with property by Custodiah ... ... 457

22. Supplementary provisions regarding the collection of enemy
debts and custody of enemy property ... ... ... ... . 457





GENERAL AND SUPPLEMENTARY.
Section................................... Page
23. Condition as to the incorporation of new companies, and pro-
hibition of acquisition of certain undertakings by any
company .................... . ........ ... ... ... ... 460
24. Power to refuse registration of companies in certain cases, etc. 461
25. Power of court to order winding up of companies in certain
circumstances ......................... ... ... ... ... 461

26. Registration of transfer without production of certificates, etc. 461
27. Exemption of certain liquidators and others from sections 18
and 19 ................................ ... ... ... ... ... 462
28. Duration of restrictions on dealings with enemy property 462
29. Provision as to contracts against public interest ... ... 462
30. Seizure and forfeiture of goods of enemy origin or destined
for or coming from an enemy ................... ... ... 462
31. False statements and obstruction .......... ... ... ... ... 463
32. Offences by corporations .................. ... ... ... ... 464
33. Evidence of authority or. sanction of Governor and certificate
of British customs or consular officer ... ... ... 464
34. Saving of rights of the Crown.............. ... ... ... ... 464





CHAPTER 188.

TRADING WITH THE ENEMY.

To impose penalties for trading with the enemy, to make
Provision as respects the Property of enemies and enemy
subjects, and for Purposes connected with the matters
aforesaid.

[6th October, 1914.]

1. This Ordinance may be cited as the Trading with
the Enemy Ordinance.

Interpretation.

2. (1) In this Ordinance-
'commencement of the war' means as respects any enemy
the date of the proclamation of the Governor to the effect
that war has broken out between His Majesty and the
country in which that enemy resides or carries on
business, unless any earlier date is indicated in the
said proclamation and in that case such earlier date;
'custodian' means the person appointed by the Governor
under section 17 to be Custodian of enemy property or,
when no such appointment subsists, the Official
Receiver;
'dividends' interest or share of profits' means any
dividends, bonus or interest in respect of any shares,
stock, debentures, debenture stock or other obligations of
any company, any interest in respect of any loan to a
person carrying on business for the purposes of that
business, and any profits or share of profits of such a
business, and where a person is carrying on any business
on behalf of an enemy, any sum which, but for the
existence of a state of war, would have been transmis-
sible by a person to the enemy by way of profits from
that business shall be deemed to be a sum which would
have been payable and paid to that enemy;
'enemy subject' means-
(a)an individual who, not being either a British subject
or a British protected person, possesses the nation-
ality of a state at war with His Majesty; or





(b)a body of persons constituted or incorporated in, or
under the laws of, any such state;
'enemy territory' means any area which is under the
sovereignty of, or in the occupation of, a power with
whom His Majesty is at war, not being an area in the
occupation of His Majesty or of a power allied with His
Majesty and also any area which the Governor, with
the prior approval of the Secretary of State, may by
order direct to be treated for the purposes of this Ordin-
ance as enemy territory;
'person' shall include a body corporate and a firm, except
so far as relates to the imposition of imprisonment;
'war' means any war between His Majesty and any foreign
state.

(2) A certificate of the Colonial Secretary that any area
is or was under the sovereignty of or in the occupation of any
power, or as to the time at which any area became or ceased
to be under such sovereignty or in such occupation, shall, for
the purposes of any proceedings under or arising out of this
Ordinance, be conclusive evidence of the facts stated in the
certificate.

(3) In considering for the purposes of any of the
provisions of this Ordinance whether any person has been
an enemy or an enemy subject, no account shall be taken of
any state of affairs existing before the commencement of the
war.

(4) For the purposes of this Ordinance, a person shall
be deemed to be a director of a body corporate if he occupies
in relation thereto the position of a director, by whatever
name called ; and for the purposes of the provisions of this
Ordinance in relation to offences by bodies corporate a person
shall be deemed to be a director of a body corporate if he is
a person in accordance with whose directions or instructions
the directors of that body act : Provided that a person shall
not, by reason only that the directors of a body corporate
act on advice given by him in a professional capacity, be
taken to be a person in accordance with whose directions or
instructions those directors act.

3. Notwithstanding the provisions contained in the
definition 'enemy territory' in subsection (i) of section 2
any area which is under the sovereignty of a power with





whom His Majesty is at war shall be treated for all the
purposes of this Ordinance (including the purposes of any
order made thereunder) as enemy territory : Provided that
in the case of an area which, apart from this section, would
not be treated as enemy territory, the Governor may by order
direct that for all the said purposes or such of the said pur-
poses as may be specified in the order the area shall, as from
such day as may be so specified, be treated as not being
enemy territory, and different days may be specified by such
orders as aforesaid in relation to different purposes. [2A]

4. (1) Subject to the provisions of this section, the
expression 'enemy' for the purposes of this Ordinance
means-
(a)any state, or sovereign of a state, at war with His
Majesty ;
(b) any individual resident in enemy territory;
(c)any body of persons, whether corporate or unincor-
porate, carrying on business in any place, if and so
long as the body is controlled by a person who,
under this section, is an enemy;
(d) any body of persons constituted or incorporated in,
or under the laws of, a state at war with His
Majesty;
(e)as respects any business carried on in enemy terri-
tory, any individual or body of persons (whether
corporate or unincorporate) carrying on that
business ;
but does not include any individual by reason only that he
is an enemy subject.

(2) The Governor with prior approval of the Secretary
of State, may by order direct that any person specified in the
order shall, for the purposes of this Ordinance, be deemed
to be, while so specified, an enemy. [3]

Trading with the enemy and matters mlating thereto.

5. (1) Any person who trades with the enemy within
the meaning of this Ordinance shall be guilty of an offence
of trading with the enemy and shall be liable-
(a)on conviction on indictment, to imprisonment for
seven years and to a fine, or





(b) on summary conviction, to imprisonment for twelve
months and to a fine of ten thousand dollars.
(2) In addition to the penalties hereinbefore provided, it
shall be lawful for the court or a magistrate, upon the con-
viction of any person of any offence under this Ordinance, to
order the forfeiture of any property of any nature whatsoever,
or the proceeds thereof, in respect of which or in connexion
wherewith or by means of which the offence may have been
committed, and the said property or the proceeds thereof, as
the case may be, shall thereupon be deemed to be the
property of the Crown or, as the case may be, to be a surn
of money due to the Crown, free from all rights of any
person : Provided that it shall be lawful for the Governor in
Council in his absolute discretion to entertain and give effect
to any moral claim to or in respect of any such property or
proceeds.

(3) For the purposes of this Ordinance a person shall be
deemed to have traded with the enemy~
(a)if he has had any commercial, financial or other
intercourse or dealings with or for the benefit of an
enemy, and in particular, but without prejudice to
the generality of the foregoing provisions, if lie
has-
(i) supplied any goods to or for the benefit of an
enemy or obtained any goods from an enemy or
traded in or carried any goods consigned to or from
an enemy or destined for or coming from enemy
territory; or
(ii) paid or transmitted any money, negotiable
instrument or security for money to or for the benefit
of an enemy or to a place in enemy territory; or
(iii) performed any obligation to, or discharged
any obligation of, an enemy, whether the obligation
was undertaken before or after the commencement
of the war; or
(b)if he has done anything which, under the following
provisions of this Ordinance, is to be treated as
trading with the enemy :
Provided that a person shall not be deemed to have
traded with the enemy by reason only that he has-





(a) done anything under an authority given generally or
specially by, or by any person authorized in that
behalf by, the Governor; or
(b)received payment from an enemy of a sum of money
due in respect of a transaction under which all
obligations on the part of the person receiving pay-
ment had already been performed when the payment
was received, and had been performed at a time when
the person from whom the payment was received
was not an enemy.

(4) Any reference in this section to an enemy shall be
construed as including a reference to a person acting on
behalf of an enemy.

(5) No prosecution for an offence of trading with the
enemy shall be instituted except by, or with the consent of,
the Attorney General : Provided that this subsection shall
not prevent the arrest, or the issue or execution of a warrant
for the arrest, of any person in respect of such an offence, or
the remanding, in custody or on bail, of any person charged
with such an offence, notwithstanding that the necessary
consent to the institution of a prosecution for the offence lias
not been obtained.

(6) This section shall apply to a person who attempts,
or directly or indirectly offers or proposes or agrees, to trade
with the enemy, in like manner as it applies to a person who
so trades.

(7) Any person who without lawful authority in any-
wise aids or abets any other person, whether or not such
other person is in the Colony, to enter into, negotiate or
complete any transaction or do any act which, if effected or
done in the Colony by such other person, would constitute
an offence of trading with the enemy shall be deemed to be
guilty of such an offence.

(8) Any person who without lawful authority deals, or
attempts, or offers, proposes or agrees, whether directly or
indirectly, to deal with any money or security for money or
other property which is in his hands, or over which he has
any claim or control, for the purpose of enabling an enemy
to obtain money or credit tbereon or thereby, shall be deemed
to be guilty of an offence of trading with the enemy.





(9) In any proceedings for an offence of trading with the
enemy, the fact that any document has been despatched
addressed to a person in enemy territory shall, unless the
contrary is proved, be evidence, as against any person who
was a party to the despatch of the document, that the person
to whom the document was despatched was an enemy. [4]

6. (1) Purchasing enemy currency shall be treated as
trading with the enemy.

(2) In this section 'enemy currency' means any such
notes or coins as circulate as currency in any area under the
sovereignty of a power with whom His Majesty is at war,
not being an area in the occupation of His Majesty or of a
power allied with His Majesty, or any such other notes or
coins as are for the time being declared by an order of the
Governor to be enemy currency. [5]

7. (1) No assignment of a chose in action made by or
on behalf of an enemy shall, except with the sanction of the
Governor, be effective so as to confer on any person any
rights or remedies in respect of the chose in action; and
neither a transfer of a negotiable instrument by or on behalf
of an enemy, nor any subsequent transfer thereof, shall,
except with the sanction of the Governor, be effective so as
to confer any rights or remedies against any party to the
instrument.

Subsection (1) shall apply in relation to any transfer
of any coupon or other security transferable by delivery, not
being a negotiable instrument, as it applies in relation to any
assignment of a chose in action.

(3) If any person by payment or otherwise purports to
discharge any liability from which he is relieved by this
section, knowing the facts by virtue of which he is so relieved,
he shall be deemed to have thereby traded with the enemy :
Provided that in any proceedings for an offence of trading
with the enemy which are taken by virtue of this subsection
it shall be a defence for the defendant to prove that at the
time when he purported to discharge the liability in question
he had reasonable grounds for believing that the liability was
enforceable against him by order of a competent court, not
being either a court having jurisdiction in this Colony or a





court having jurisdiction in enemy territory, and would be
enforced against him by such an order.

(4) Where a claim in respect of a negotiable instrument
or chose in action is made against any person who has
reasonable cause to believe that, if he satisfied the claim, he
would be thereby committing an offence of trading with the
enemy, that person may pay into the Supreme Court any
sum which, but for the provisions of subsection (i), would
be due in respect of the claim, and thereupon that sum shall,
subject to the provisions of the Code of Civil Procedure and
to rules of court, be dealt with according to any order of the
court, and the payment shall for all purposes be a good dis-
charge to that person.

(5) Nothing in this section shall apply to securities to
which section 8 applies. [6]

(a)any securities to which this section applies are trans-
ferred by or on behalf of an enemy; or
(b)any such securities, being securities issued by a
company within the meaning of the Companies
Ordinance, are allotted or transferred to, or for the
benefit of, an enemy subject without the consent of
the Governor,
then, except with the sanction of the Governor, the 'transferee
or allottee shall not, by virtue of the transfer or allotment,
have any rights or remedies in respect of the securities; and
no body corporate by whom the securities were issued or are
managed shall take any cognizance of, or otherwise act upon,
any such transfer except under the authority of the Governor.

(2) No share warrants, stock certificates or bonds, being
warrants, certificates or bonds payable to bearer, shall be
issued in respect of any securit ' ies to which this section
applies, being securities registered or inscribed in the name
of an enemy or of a person acting on behalf of, or for the
benefit of an enemy.

(3) Any person who contravenes the provisions of this
section shall be liable on summary conviction to imprison-
ment for six months and to a fine of two thousand dollars.





(4) This section applies to the following securities, that
is to say, annuities, stock, shares, bonds, debentures or
debenture stock registered or inscribed in any register, local
or branch register, or other books kept in this Colony. [7]

9. (1) In any case in which it is suspected that any
offence under this Ordinance has been committed by any
person, and in any case in which it is anticipated that any
such offence is about to be committed by any person, a magis-
trate may on oath being made before him to that effect
authorize by warrant under his hand and seal any person or
persons named in the said warrant-
(a) to inspect all books and documents belonging to or
under the control of any person by whom it is
suspected or anticipated that such offence has been
or is about to be committed;
(b) to require any person whom he may consider able
to give any information respecting the business or
trade of any person by whom it is suspected or anti-
cipated that such an offence has been or is about to
be committed to give such information;
(c)if accompanied by a police officer, or if himself a
police officer, to enter and search any premises speci-
fied in the said information as having been or being
used in connexion with such business or trade;
(d)to seize and take possession of all books, documents
and things discovered in the course of any such
inspection or search which may appear to furnish
any evidence that any offence under this Ordinance
has been or was about to be committed;
(e)to, do all such acts and things as may be reasonably
necessary for the purpose of effecting such search.
(2) In any case in which by reason of the apparent
urgency of the occasion it. appears to be impracticable to
obtai n such warrant from a magistrate in time, it shall be
lawful for the Commissioner of Police, or any police officer
not below the rank of assistant superintendent, by order in
writing under his hand on such grounds as he may think fit
and without any information being laid or sworn, to authorize
any person or persons named in such order to do all such
acts and things as he or they might have been authorized to
do by a warrant issued by a magistrate under subsection (i).
[8]





10. (1) The Governor, if he thinks it expedient for
securing compliance with section 5 so to do, may by written
order authorize a specified person (hereafter in this section
referred to as an inspector) to inspect any books or
documents belonging to, or under the control of, a person
named in the order, and to require that person and any other
person to give such information in his possession with
respect to any business carried on by the named person as
the inspector may demand, and for the purposes aforesaid to
enter on any premises used for the purposes of that business.

(2) If, on a report made by an inspector as respects any
business or for other good cause or with the prior approval of
the Secretary of State, it appears to the Governor that it is
expedient, for securing compliance with section 5 or a restric-
tion order under section 12 that the business should be
subject,to supervision, the Governor may appoint a person
(hereafter in this section referred to as a supervisor) to
supervise the business, with such powers as the Governor
may determine, and any remuneration payable and expenses
incurred, to such amount as may be fixed by the Governor,
shall be paid by the person by whorn the said business is
carried on.

1 (3) If any person, without reasonable cause, fails to
produce for inspection, or furnish, to an inspector or a super-
visor or a person authorized under section 9 any document
or information which he is duly requested by the inspector
or supervisor or authorized person so to produce or furnish,
that person shall be liable on summary conviction to a fine
of one thousand dollars and to imprisonment for six months.

(4) If any person, with intent to evade the provisions of
this section, destroys, mutilates or defaces any book or other
document which any person is or may be authorized under
this section or section 9 to inspect, he shall be liable-
(a)on conviction on indictment, to imprisonment for
five years and to a fine; or
(b)on summary conviction to imprisonment for twelve
months and to a fine of two thousand dollars.

(5) Where a person has been authorized under this
section or section 9 to inspect any books and documents and
any such book or document is found by him to have been
destroyed, mutilated or falsified, any person having or having





had control of such book or document shall be guilty of an
offence and liable to the punishment provided in subsection
(4) unless he proves that the destruction, mutilation or falsi-
fication was not intended for the purpose of concealing any
transaction which would constitute an offence of trading with
the enemy, or that the destruction, mutilation or falsification
was committed without his knowledge or connivance. [9]

11. Where a person has given any information to a
person authorized under section 9 or 10 to inspect any books
and documents or to supervise a business, the information so
given may be used in evidence against him in any proceed
ings relating to an offence of trading with the enemy,
notwithstanding that. he gave the information only on being
required so to do by the person so appointed or authorized
in pursuance of his powers under that section. [10]

12. (1) Where any business is, being carried on in the
Colony by or on behalf of or under the direction of persons
all or any of whom are enemies or enemy subjects or appear
to the Governor to be associated with enemies, the Governor
may, if he thinks it expedient so to do, make-
(a) an order (hereafter in this section referred to as a
restriction order) prohibiting carrying on of the
business either absolutely or except for such purposes
and subject to such conditions as may be specified
in the order; or
(b)an order (hereafter in this section referred to as a
winding up order) requiring the business to be
wound up, and the making of a restriction order as
respects any business shall not prejudice the power
of the Governor, if he thinks it expedient so to do,
at any subsequent date to make a winding up order
as respects that business.

(2) The provisions of the Alien. Enemies (Winding Up)
Ordinance, 1914 so far as they are applicable, shall apply to
any winding up under this section. [10A]

13. Where it appears to the Colonial Secretary in
reference to any person-
(a)that an offence under this Ordinance has been or is
likely to be committed in connexion with his trade or
business; or





(b)that the control or management of his trade or
business has been or is likely to be so affected by
the state of war as to prejudice its effective continu-
ance and that it is in the public interest that the trade
or business should continue to be carried on; or
(c)that it is expedient in the public interest that a con-
troller should be appointed owing to circumstances
or considerations arising out of the war,
the Colonial Secretary may apply to the Supreme Court for
the appointment of a controller of the trade or business and the
Supreme Court shall have power to appoint such a
controller for such time and subject to such conditions and
with such powers as the court thinks fit, and the powers
so conferred shall be either those of'a receiver and manager
or those powers subject to such modifications, restrictions
or extensions as the court thinks fit, including, if the court
considers it necessary or expedient for enabling the
controller to borrow money, power, after a special applica-
tion to the court for that purpose, to create charges on the
property of the person aforesaid in priority to existing
charges. The court shill have power to direct how, and by
whom the costs of any proceedings under this section and
the remuneration, charges and expenses of the controller
shali be borne and shall have power if it thinks fit to charge
such costs, charges and expenses on the property of the
person aforesaid in such order of priority in relation to any
existing charges thereon as it thinks fit. [11]

14. Notwithstanding anything contained in this Ordin-
ance it shall not be lawful for any bank, the constitution
of which at the commencement of the war provided that
any of the officers or directors thereof should be resident
in any place which is for the time being enemy territory,
to carry on its business in any way whatsoever except for
the purpose of completing transactions entered into before
the war, and it shall be lawful for the Govertior to impose
such restrictions in the case of any such bank and to require
any such bank to submit to such supervision as he may
think fit. [12]

15. Notwithstanding anything contained in this Ordin-
ance, if any enemy has a branch locally situated in the
Colony, or if any firm carrying on business in the Colony





had at the commencement of the war any partner who at
any time after the corrimencement of the war is or becomes
an enemy within the meaning of this Ordiriance, or if any
enemy subject carries on business in the Colony, it shall
be lawful for the Governor to impose such restrictions on
the business of any such branch, firin or enemy subject as
he may think fit. [13]

16. Nothing in this Ordinance shall be construed as
limiting any power by proclamation to prohibit any trans-
action which is not prohibited by this Ordinance, or by
licerice to permit any transaction which is so prohibited. [14]

Property of enemies and enemy subjects.

17. (1) The Governor shall appoint a person to act
as custodian of enemy property, in this Ordinance referred
to as the Custodian, for the purpose of receiving, holding,
preserving and dealing with such property as may be paid
to or vested in him in pursuance of this Ordinance.

(2) All property, rights and powers whatsoever, in
any manner vested in or conferred upon any holder of the
office of Custodian, whether vested in or conferred upon
such holder in his personal name or in the name of the
said office, including the legal estate in all property and
rights so vested, shall pass to, vest in and be exercisable
by the holder of the said office for the time being, except
in so far as any predecessor in the said office may have
parted with or exhausted the said property, rights or powers
and except that no property, right or power shall so vest
if it has lawfully become vested in a person other than
(a) a person to whom an enemy state or administration
has granted power to administer or control such property,
right or powers or (b) an enemy or enemy agent.

(3) The Custodian shall have such powers and duties
with respect to the property aforesaid as may be pres-
cribed by order of the Governor.

(4) The Custodian may place on deposit with any
bank, or invest in any securities, approved by the Governor,
any moneys paid to him under this Ordinance or received
by him from property vested in him under this Ordinance,
and any interest or dividends received on account of such





deposits or investments shall be dealt with in such manner
as the Governor may direct.

(5) The Governor may by special or general order
exempt from the provisions of sections 17, 18, 19 and 20
or any of them, any property, sum of money or security
which is within any of the categories or descriptions
mentioned in such sections and which would otherwise be
subject to the provisions thereof, and may revoke or amend
any such order from time to time and any such order
may contain such incidental and supplementary provisions
as appear to the Governor to be necessary or expedient
for the purposes of the same. Any such order may take
effect retrospectively.

18. (1) Any sum which, but for the existence of a
state of war, would have been payable and paid to or for
the benefit of an enemy, by way of dividends, interest or
share of profits, shall be paid by the person by whom it
would have been payable to the Custodian to hold subject
to the provisions of this Ordinance and any order made or
direction given thereunder, and the payment shall be accom-
panied such particulars as the Govertior may prescribe,
or as the Custodian if so authorized by the Governor may
require. Any payment required to be made under this
subsection to the Custodian shall be made within fourteen
days after it would have been paid.

(2) If any person fails to make or require the making
of any payment or to furnish the prescribed particulars
within the time mentioned in this section, he shall upon
summary conviction be liable to a fine of two thousand
dollars and to imprisonment for six months and in addition
to a further fine of one thousand dollars for every day
during which the default continues.

(3) If in the case of any person whose books and
documents are liable to inspection under section 9 or io
any question arises as to the amount which would have
been so payable and paid as aforesaid, the question shali
be determined by the person who may have been or who
may be authorized to inspect the books and documents or,
on appeal, by the Governor, and if in the course of
determining the question it appears to the inspector.or the





Governor that the person has not distributed as dividends,
interest or profits the whole of the amount properly avail-
able for that purpose, the inspector or the Governor may
ascertain what amount was so available and require the
whole of such amount to be so distributed, and in the case
of a company, if such dividends have not been declared,
the inspector or the Governor may himself declare the
appropriate dividends and every such declaration shall be
as effective as a declaration to the like effect duly made in
accordance with the constitution of the company : Provided
that, where a controller has been appointed under section
13, this subsection shall apply as if for references to the
inspector there were substituted references to the controller.

(4) The provisions of this section shall extend to sums
which, but for the existence of a state of war, would have
been payable and paid in the Colony to enemies-
(a)in respect of interest on securities issued by, or on
behalf of His Majesty's Government or the
government of any of His Majesty's dominions or
any foreign government, or by or on behalf of any
corporation or any municipal or other authority
whether within or without the Colony; and
(b) by way of payment off of any securities which have
become repayable on maturity or by being drawn
for payment or otherwise, b&lng such securities as
aforesaid or securities issued by any company;
and in the case of such sums as aforesaid (other than sums
in respect of the payment off of securities issued by a
company) the duty of making payments to the Custodian
and of requiring payments to be made to him and of
furnishing him with particulars shall rest with the person
through whom the payments in the Colony are made, and
this section shall apply accordingly. [16]

19. (1) Every person who holds or manages for or on
behalf of an enemy any property, real or personal (includ-
ing any rights, whether legal or equitable, in or arising
out of property, real or personal), shall, within one month
after the commencement of the war, or if the property comes
into his possession or under his control after the commence-
ment of the war, then within one month after the time
when it comes into his possession or under his control, by





notice in writing communicate the fact to the Custodian,
and shall furnish the Custodian with such particulars in
relation thereto as the Custodian may require and if any
person fails to do so he shall upon summary conviction be
liable to a fine of two thousand dollars and to imprison-
ment for six months, and in addition to a further fine of
one thousand dollars for every day during which the default
continues.

(2) Every conipany incorporated in the Colony and
every company which, though not incorporated in the
Colony, has a share transfer or share registration office in
the Colony shall, within one month after the commence-
ment of the war, by notice in writing communicate to the
Custodian full particulars of all shares, stock, debentures
and debenture stock and other obligations of the company
which are held by or for the benefit of an enemy; and
every partner of every firm, one or more partners of which
on the corrimencement of the war became enemies or to
which money had been lent for the purpose of the business
of the firm by a person who so became an enemy, shall
within one month after the commencement of the war, by
notice in writing communicate to the Custodian full parti-
culars as to any share of profits and interest due to such
enemies or enemy, and if any person fails to comply with
the provisions of this subsection lie shall upon summary
conviction be liable to a fine of two thousand dollars and
to imprisonment for six months, and in addition to a further
fine of one thousand dollars for every day during which
the dedault continues.

(3) Where the Custodian is satisfied from returns
niade to him under this section, that any such securities
as are referred to in subsection (4) of section iS (including
securities issued by a company) are held by any person
on behalf of an enemy, the Custodian may give notice
thereof to the person by or through whom any dividends,
interest or bonus in respect of the securities or any sums
by way of payment off of the securities are payable, and
upon the receipt of such notice any dividends, interest or
bonus payable in respect of, and any sums by way of
payment off of the securities to which the notice relates
shall be paid to the Custodian in like manner as if the
securities were held by an enemy.





(4) Subsection (i) shall apply to balances and deposits
standing to the credit of enemies at any bank, and to debts
to the. amount of five hundred dollars or upwards, which
are due or which, but for the existence of a state of war.
would have been due, to enemies, as if such bank or debtor
were a person who held property on behalf of an enemy.

(5) The Custodian shall keep registers of all property
in respect of which returns have been made to him under
this section or under any antecedent requirement that similar
returns be made, and such registers may be inspected by
any person who appears to the Custodian to be interested
as a creditor or otherwise.

(6) For the purposes of this and the preceding section
'securities' includes stock, shares, annuities, bonds, deben-
tures or debenture stock or other obligations. [17]

20. (1) The Supreme Court may, on the application
of any person who appears to the court to be a creditor
of an enerny or entitled to recover damages against aii
enemy, or to be interested in any property, real or personal
(including any rights, whether legal or equitable, in or
arising out of property real or personal) belonging to or
held or managed for or on behalf of an eneiriy, or on the
application of the Custodian or any Government depart-
ment, by order vest in the Custodian any such real or
personal property as aforesaid, if the court is satisfied that
such vesting is expedient for the purposes of this Ordin-
ance, and may by, the order confer on the Custodian such
powers of selling, managing aiid otherwise dealing with the.
property as to the court may seem proper.

(2) The court before making any order under this
section may direct that such notices (if any), whether by
way of advertisement or otherwise, shall be given as the
court may think fit.

~3) A vesting order under this section as respects
property of any description shall be of the like purport aiid
effect as a vesting order as respects property of the same
description made under the Trustee Ordinance.

(4) No application shall be made to the Supreme
Court under this section without the permission of the
Governor. [18]





21. (1) The Custodian shall, except so far as the
Governor or the Supreme Court may otherwise direct, and
subject to the provisions of subsection (2), hold any money
paid to and any property vested in him under this Ordin-
ance until the termination of the war, and shall thereafter
deal with the same in such manner as the Governor may
direct.

(2) The property held by the Custodian under this
Ordinance shall not be liable to be attached or otherwise
taken in execution, but the Custodian may in his discretion,
if so authorized by an order of the Supreme Court, pay
out of the property paid to him in respect of that enemy
the whole or any part of any debts due by that enemy and
specified in the order : Provided that before paying any
such debt the Custodian shall take into consideration the
sufficiency of the property paid to or vested in him in respect
of the enemy in question to satisfy that debt and any other
claims against that enemy of which notice verified by
statutory declaration may have been served upon him.

(3) The receipt of the Custodian or any person duly
authorized to sign receipts on his behalf for any sum paid
to him under this Ordinance shall be a good discharge to
the person paying the same as against the person in respect
of whom the sum was paid to the Custodian.

(4) The Custodian shall keep a register of all property
held by him tinder this Ordinance, which register shall be
open to public inspection at all reasonable times free of
charge.

(5) The Custodian shall not make any payment to an
enemy subject without the permission of the Governor.

(6) The Chief justice may by rules make provision for
the practice and procedure to be adopted for the purposes
of this section and of section 20. [19]

22. (1) Notwithstanding, and without prejudice to,
any other provision of this Ordinance, the Governor may,
with a view to preventing the payment of money to enemies
and to preserving enemy property in contemplation of
arrang ements to be made at the conclusion of peace, by
order-





(a) require the payment to the Custodian of money
which would, but for the existence of a state of
war, be payable to or for the benefit of a person
who is an enemy, or which would, but for the
provisions of section 7 or 8, be payable to any other
person ; '
(b) vest in the Custodian such enemy property as may
be prescribed, or provide for, and regulate, the
vesting in the Custodian of such enemy property
as may be prescribed;
(c) vest in the Custodian the right to transfer such
other enemy property as may be prescribed, being
enemy property which has not been, and is not
required 'by the order to be, vested in the
Custodian;
(d) confer and impose on the Custodian and on anv
other person such rights, powers, duties and
liabilities as may be prescribed as respects-
(i). property which has been, or is required to be,
vested in the Custodian by or under the order,
(ii) property of which the right of transfer has
been, or is required to be, so vested,
(iii) any other enemy property which has not
been, and is not required to be, so vested, or
(iv) money which has been, or is by the order
required to be, paid to the Custodian ;
(e)require the payment of the prescribed fees to the
Custodian in respect of such matters as may be
prescribed and regulate the collection of and
accounting for such fees;
require any person to furnish to the Custodian such
returns, accounts and ' other information and to
produce such documents, as the Custodian
considers necessary for the discharge of his
functions under the order;
and any such order may contain such incidental and
supplementary provisions as appear to the Governor to be
necessary or expedient for the purposes of the order.

(2) The rights, powers, duties and liabilities which
may be conferred and imposed by the Governor on the
.Custodian under subsection (i) shall, where it appears to
the Governor that it is expedient that any business should





be carried on or continue to be carried on in or from this
Colony, include such rights, powers, duties and liabilities
as respects the property and money mentioned in paragraph
(d) of subsection (i) as in the opinion of the Governor are
necessary or expedient in order to enable that business so
to be carried on.

(3) Where any requirement or direction with respect
to any money or property is addressed to any person by
the Custodian and accompanied by a certificate of the
Custodian that the money or property is money or property
to which an order under this section applies, the certificate
shall be evidence of the facts stated therein, and if that
person complies with the requirement or direction, he shall
not be liable to any action or other legal proceeding by
reason only of such compliance.

(4) Where in pursuance of an order made under this
section or section 20-
(a) any money is paid to the Custodian,
(b)any property, or the right to transfer any property,
is vested in the Custodian, or
(c)a direction is given to any person by the Custodian
in relation io any property which appears to the
Custodian to be property to which the order applies,
neither the payment, vesting or direction nor any proceed-
ings in consequence thereof shall be invalidated or affected
by reason only that at a material time-
(i) some person who was or might have been interested
in the money or property, aiid who was an enemy or an
enemy subject, had died or had ceased to be an enemy or
an enemy subject, or
(ii) some person who was so interested, and who was
believed by the Custodian to be an enemy or an enemy
subject, was not an enemy or an enemy subject.

(5) Any order under this section shall have effect not-
withstanding anything in any other Ordinance unless in that
Ordinance, it is expressly provided that such order shall be
subject to the provisions of that Ordinance.

(6) If any person pays any debt, or deals with any
property, to which this Ordinance, or any order tinder this
section, applies, otherwise than in accordance with the





provisions of this Ordinance, or such order, as the case
may be, he shall be liable on summary conviction to a fine
of two thousand dollars and imprisonment for six months,
and the payment or dealing shall be void.

(7) If any person, without reasonable cause, fails to
produce or furnish, in accordance with the requirements
of an order under this section, any document or information
which he is required under the order to produce or furnish,
he shall be liable on summary conviction to a fine of two
hundred dollars for every day on which the default
continues.

(8) In this section-
'enemy property' means any property for the time being
belonging to or held or managed on behalf of an enemy
or an enemy subject;
'prescribed' means prescribed by an order made under
this section; and
'property' means real or personal property, and includes
any estate or interest in real or personal property, any
negotiable instrument, debt or other chose in action,
and any other right or interest, whether in possession
or not. [20]

General and supplementary.

23. (1) During the war, a certificate of incorporation
of a company shall not be given by the Registrar of Com-
panies until there has been filed with hirn either-'
(a)a statutory declaration by a solicitor ofthe Supreme
Court engaged in the formation of the company
or by a person named in the articles as a director
or secretary of the company that the company is
not formed for the purpose or with the intention of
acquiring the whole or any part of the undertaking
of any person whose books and documents are liable
to inspection under subsection (i) of section io;
or
(b)a licence from the Governor authorizing the
acquisition by the company of such an undertaking.

(2) Where such a statutory declaration has been filed, it
shall not be lawful for the company during the war, without
the licence of the Governor, to acquire the whole or any part





of any such undertaking, and if it does so every person. who
is a party to the default shall, without prejudice to any other
liability, be liable upon summary conviction to a fine of two
thousand dollars and to imprisonment for six months. [21 ]

24. (1) Where on an application for the registration of
a company it appears to the Registrar of Companies that
any subscriber of the memorandum of association or any
proposed director of the company is an enemy subject, he
may refuse to register the company.

(2) Where the right of nominating or appointing a
director of a company is vested in any enemy or enemy
subject, the right shall not be exercisable except by leave of
the Governor, and any director nominated or appointed in
exercise of such right shall, except as aforesaid, cease to hold
office as director. [22]

25. Where the Colonial Secretary certifies that it
appears to him that a company registered in the Colony is
carrying on business either directly or through an agent,
branch or subsidiary company outside the Colony, and that
in carrying on such business it has entered into or done acts
which if entered into or done in the Colony would constitute
an offence of trading with the enemy, the Colonial Secretary
may present a petition for the winding-up of the company
by the court, and the issue of such a certificate shall be a
ground on which the company may be wound up by the
court, and the certificate shall, for the purposes of the
petition, be evidence of the facts therein stated. [23]

26. (1) Where the Custodian executes a transfer of any
shares, stock or securities which he is empowered to transfer
by a vesting order made under section 20 or 22, the company
or other body in whose books the shares, stock or securities
are registered shall, upon the receipt of the transfer so
executed by the Custodian and upon being required by him
so to do, register the shares, stock or securities in the name
of the Custodian or other transferee, notwithstanding any
regulation or stipulation of the company or other body, and
notwithstanding that the Custodian is not in possession of
the certificate, scrip or other document of title relating to the
shares, stock or securities transferred, but such registration





shall be without prejudice to any lien or charge in favour
of the company or other body or to any other lien or charge
of which the Custodian has notice.

(2) If any question arises as to the existence or amount
of any lien or charge the question may, on application being
made for the purpose, be determined by the Supreme
Court. [24]

27. It shall be lawful for the Governor to exempt any
liquidator appointed under the provisions of the Alien
Enemies (Winding up) Ordinance, 1914, or any other
person, from the operation of sections 18 and 19, either in
whole or part and either permanently or temporarily, and
to withdraw in whole or part any exemption so granted. [25]

28. Any restrictions imposed by any Ordinance on
dealings with enemy property shall continue to apply to
property particulars whereof are or are liable to be notified
to the Custodian in pursuance of section ig, not only during
the war, but thereafter until such time as they may be
removed by order of the Governor in Council, and Orders
in Council may be made removing all or any of those
restrictions either simultaneously as respects all such
property or at different times as respects different classes or
items of property. [26]

29. Where it appears to the Governor that a contract
entered into before or during the war with an enemy or
enemy subject, or with a person of whose affairs a liquidator
lias been appointed under the Alien Enemies (Winding up)
Ordinance, 1914, is injurious to the public interest, the
Governor may by order cancel or determine such contract
either unconditionally or upon such conditions as he may
thinic fit, and thereupon such contract shall be deemed to be
cancelled or determined accordingly. [27]

30. (1) Where the Director of Commerce and Industry
has reason to suspect-
(a)that the place of origin of any goods imported into
the Colony is in enemy territory, or
(b)that any goods within the Colony are destined for
or have come from an enemy,





the goods may be seized, by force if necessary, and may
on application to a magistrate be ordered by such magistrate
to be forfeited to the Crown.

(2) Upon the making of any such order of forfeiture,
the goods shall be deemed to be the property of the Crown
free from all rights of any person: Provided that it shall
be lawful for the Governor in Council, in his absolute
discretion, to entertain and give effect to any moral claim
to or in respect of the goods.

(3) In any proceeding for the forfeiture of any goods
so seized as aforesaid, the place of origin of the goods shall
be deemed to be in enemy territory or, as the case may be,
the goods shall be deemed to be destined for or to have come
from an enemy, unless the contrary is proved.

(4) In this section, goods 'destined for' an enemy
includes goods directly or indirectly supplied to or for the
use or benefit of an enemy or for transmission to an enemy;
and goods which have 'come from' an enemy includes
goods directly or indirectly obtained from an enemy:
Provided always that the power of seizure hereinbefore
contained shall not apply in respect of goods which have
been lawfully imported into the Colony or are the subject
matter of a contract lawfully concluded pursuant, in either
case, to an enactment, authorization, order, licence or permit
whereunder the application of this Ordinance is exempted
or modified. [28]

31. (1) Any person who, for the purpose of obtaining
any authority or sanction under this Ordinance, or in giving
any information for the purposes of this Ordinance or of any
order made thereunder, or for the purpose of obtaining a
permit or licence to export any goods the exportation of
which without a permit or licence is prohibited by or under
any proclamation or Ordinance or Order in Council-
(a)makes or presents any declaration or'statement or
representation which is false in any material
particular ; or
(b) produces a guarantee, certificate or undertaking
which is false in any material particular or has





not been given by the person by whom it purports
to have been given, or which has been in any way
altered or tampered with,
shall upon summary conviction be liable to a fine of ten
thousand dollars or, alternatively, in the case of goods for
export, treble the value of the goods, and to imprisonment
for three months, unless he proves that he had taken all
reasonable steps to ascertain the truth of the statement's
made or contained in any document so presented or produced
or to satisfy himself of the genuineness of ihe guarantee,
certificate or undertaking.

(2) Any person Who Wilfully obstructs any person in
the exercise of any powers conferred on him by or under
this Ordinance shall be liable on summary conviction to a
fine of one thousand dollars. [29]

32. Where any offence under this Ordinance committed
by a body corporate is proved to have been committed with
the consent or connivance of, or to have been attributable
to any neglect on the part of, any director, manager,
secretary or other officer of the body corporate, be, as well
as the body corporate, shall be deemed to be guilty of that
offence, and shall be liable to be proceeded against and
punished accordingly. . [30]

33. (1) Any docurnent stating that any authority or
sanction is given under any of the provisions of this
Ordinance by the Governor and purporting to be signed on
behalf of the Governor shall be evidence of the facts stated
in the document.

(2) In any proceeding in respect of or involving any
matter, civil or criminal, arising under this Ordinance, any
certificate produced from official custody and purporting to
be signed by any British customs or consular officer shall
be prima facie evidence of the truth of the matters stated
therein. [31]

34. This Ordinance shall be without prejudice to the
exercise of any right or prerogative of the Crown. [32]





SCHEDULE.

FORM 1.

WARRANT.
Trading with the Enemy Ordinance, s. 9 (1).
(Chapter 188 of the Revised Edition).
Hong Kong.
To each and all of the police officers of the Colony of Hong
Kong and to ............................................................................
......................
Oath having been made before the undersigned, a magistrate of
the said Colony, that an offence under the Trading with the Enemy
Ordinance has been committed (or that it is anticipated that an
offence under the Trading with the Enemy Ordinance is about to
be committed) by ....of
in the said Colony namely that the said *
...........................
unlawfully did on or about the day of
19 .......................................................................................
and that the said .....................................................................
uses (or has used) the premises ................................................
...............
in connexion with his (or their) business or trade:
These are therefore to authorize you in His Majesty's name-
(a) to inspect all books and documents belonging to or under
the control of the said ;
(b)to require any person whom you may consider able to give
any information respecting the business or trade of the
said .............to give such information;
(c) if accompanied by a police officer or if yourself a police
officer to enter and search the premises ........................

(d) to seize and take possession of all books, documents and
things discovered in the course of such inspection or search
which may appear to furnish any evidence that any offence
under the said Ordinance has been or was about to be
committed;
(e)to do all such acts and things as may be reasonably
necessary for the purpose of effecting such inspection,
search or seizure.
Dated this day of 19

[L.S.] .......................................
Magistrate.

FORM 2.

ORDER.
Trading with the Enemy Ordinance, s. 9 (2).
(Chapter 188 of the Revised Edition).
Hong Kong.
To each and all of the police officers of the Colony of Hong
Kong and to ............................................................................
.......................................





Whereas it has been made to appear to the undersigned that
an offence under the Trading with the Enemy Ordinance has been
committed (or that it is anticipated that an offence under the
Trading with the Enemy Ordinance is about to be committed) by
of ..............................................
in the said Colony namely that the said ....................................
.......................................................

Unlawfully did on or about the................day of ...................
19 .......................................................................................
and that the said .....................................................................
uses (or has used) the premises ................................................

in connexion with his (or*their) business or trade:
These are therefore to authorize you in His Majesty's name-
(a) to inspect all books and documents belonging to or under
the control of the said ;
(b) to require any person whom you may consider able to give
any information respecting the business or trade of the
said .............to give such information;
(c) if accompanied by a police officer or if yourself a police
officer to enter and search the premises ........................
...................
(d) to seize an take possession of all books, documents and
things discovered in the course of such inspection or search
which may appear to furnish any evidence that any offence
under the said Ordinance has been or was about to be
committed;
(e) to do all such acts and things as may be reasonably
necessary for the purpose of effecting such inspection,
search or seizure.
Dated this day of 19

[L.S.] .....................................
(Deputy) Commissioner of Police.

(Assistant) Superintendent of Police.
Originally 25 of 1914. Fraser 25 of 1914. 2 of 1946. 26 of 1946. 32 of 1947. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 5 & 6 Geo. 5, c. 12, s. 2(5). [s. 2 cont.] 26 of 1946, First Schedule. Special provision for areas in the occupation of a power at war with His Majesty. 32 of 1947, s. 2. Definition of enemy. 26 of 1946, First Schedule. 26 of 1946, First Schedule. Penalties for trading with the enemy. [s. 5 cont.] [s. 5 cont.] 26 of 1946, First Schedule. 5 & 6 Geo. 5, c. 12, s. 10(1). 5 & 6 Geo. 5, c. 12, s. 10(2). 5 & 6 Geo. 5, c. 12, s. 10(3). [s. 5 cont.] Presumption. 26 of 1946, First Schedule. Purchase of enemy currency. Transfer of negotiable instruments and choses in action by enemies. 26 of 1946, First Schedule. (Cap. 4, rules.) Transfer and allotment of securities. (Cap. 32.) [s. 8 cont.] Inspection, obtaining of information, and search. 4 & 5 Geo. 5, c. 87, s. 2(1). Schedule. Form 1. Schedule. Form 2. Inspection and supervision of businesses. 26 of 1946, First Schedule. Penalty for mutilation of documents. Etc. 6 & 7 Geo. 5, c. 52, s. 2. [s. 10 cont.] Power to use information in evidence against informant. 5 & 6 Geo. 5, c. 12, s. 13. 26 of 1946, First Schedule. Power to control and wind up certain business. 26 of 1946, First Schedule. (28 of 1914.) Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 & 6 Geo. 5, c. 12, s. 11. Exception in the case of certain banks. Power to impose restrictions on business of enemy subjects and [s. 15 cont.] of local branches of enemy firms. Certain powers not to be limited. 5 & 6 Geo. 5, c. 12, s. 14(4). Custodian of enemy property. 5 & 6 Geo. 5, c. 12, s. 1. 2 of 1946, First Schedule. 2 of 1946, First Schedule. Payment of dividends, etc., payable to enemy. 5 & 6 Geo. 5, c. 12, s. 2. [s. 18 cont.] 5 & 6 Geo. 5, c. 79, s. 1(1). Duty of trustees for enemies to notify the Custodian [cf. 5 & 6 Geo. 5, C. 12, s. 3.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. [s. 19 cont.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. Power to vest enemy property in Custodian. 5 & 6 Geo. 5, c. 12, s. 4. (Cap. 29.) Holding and dealing with property by Custodian. 5 & 6 Geo. 5, c. 12, s. 5; 5 & 6 Geo. 5, c. 105, s. 12. Supplementary provisions regarding the collection of enemy debts and custody of enemy property. [s. 21 cont.] 26 of 1946, First Schedule. [s. 22 cont.] [s. 22 cont.] Condition as the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, s. 9. 24 of 1950, Schedule. Power to refuse registration of companies in certain cases, etc. 5 & 6 Geo. 5, c. 105, s. 10. Power of court to order winding up of companies in certain circumstances. 5 & 6 Geo. 5, c. 105, s. 11. Registration of transfer without production of certificates, etc. 5 & 6 Geo. 5, c. 105, s. 8. [s. 26 cont.] Exemption for certain liquidators and others from ss. 18 and 19. (28 of 1914.) Duration of restrictions on dealings with enemy property. 5 & 6 Geo. 5, c. 105, s. 7. Provision as to contracts against public interest. 5 & 6 Geo. 5, c. 105, s. 2. Seizure and forfeiture of goods of enemy origin or destined for or coming form an enemy. 5 & 6 Geo. 5, c. 31, s. 6. 2 of 1946, First Schedule. False statements and obstruction. 6 & 7 Geo. 5, c. 52, s. 1. [s. 31 cont.] Offences by corporations. Evidence of authority or sanction of Governor and certificate of British customs or consular officer. Saving of rights of the Crown. [Sch. Cont.]

Abstract

Originally 25 of 1914. Fraser 25 of 1914. 2 of 1946. 26 of 1946. 32 of 1947. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 5 & 6 Geo. 5, c. 12, s. 2(5). [s. 2 cont.] 26 of 1946, First Schedule. Special provision for areas in the occupation of a power at war with His Majesty. 32 of 1947, s. 2. Definition of enemy. 26 of 1946, First Schedule. 26 of 1946, First Schedule. Penalties for trading with the enemy. [s. 5 cont.] [s. 5 cont.] 26 of 1946, First Schedule. 5 & 6 Geo. 5, c. 12, s. 10(1). 5 & 6 Geo. 5, c. 12, s. 10(2). 5 & 6 Geo. 5, c. 12, s. 10(3). [s. 5 cont.] Presumption. 26 of 1946, First Schedule. Purchase of enemy currency. Transfer of negotiable instruments and choses in action by enemies. 26 of 1946, First Schedule. (Cap. 4, rules.) Transfer and allotment of securities. (Cap. 32.) [s. 8 cont.] Inspection, obtaining of information, and search. 4 & 5 Geo. 5, c. 87, s. 2(1). Schedule. Form 1. Schedule. Form 2. Inspection and supervision of businesses. 26 of 1946, First Schedule. Penalty for mutilation of documents. Etc. 6 & 7 Geo. 5, c. 52, s. 2. [s. 10 cont.] Power to use information in evidence against informant. 5 & 6 Geo. 5, c. 12, s. 13. 26 of 1946, First Schedule. Power to control and wind up certain business. 26 of 1946, First Schedule. (28 of 1914.) Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 & 6 Geo. 5, c. 12, s. 11. Exception in the case of certain banks. Power to impose restrictions on business of enemy subjects and [s. 15 cont.] of local branches of enemy firms. Certain powers not to be limited. 5 & 6 Geo. 5, c. 12, s. 14(4). Custodian of enemy property. 5 & 6 Geo. 5, c. 12, s. 1. 2 of 1946, First Schedule. 2 of 1946, First Schedule. Payment of dividends, etc., payable to enemy. 5 & 6 Geo. 5, c. 12, s. 2. [s. 18 cont.] 5 & 6 Geo. 5, c. 79, s. 1(1). Duty of trustees for enemies to notify the Custodian [cf. 5 & 6 Geo. 5, C. 12, s. 3.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. [s. 19 cont.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. Power to vest enemy property in Custodian. 5 & 6 Geo. 5, c. 12, s. 4. (Cap. 29.) Holding and dealing with property by Custodian. 5 & 6 Geo. 5, c. 12, s. 5; 5 & 6 Geo. 5, c. 105, s. 12. Supplementary provisions regarding the collection of enemy debts and custody of enemy property. [s. 21 cont.] 26 of 1946, First Schedule. [s. 22 cont.] [s. 22 cont.] Condition as the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, s. 9. 24 of 1950, Schedule. Power to refuse registration of companies in certain cases, etc. 5 & 6 Geo. 5, c. 105, s. 10. Power of court to order winding up of companies in certain circumstances. 5 & 6 Geo. 5, c. 105, s. 11. Registration of transfer without production of certificates, etc. 5 & 6 Geo. 5, c. 105, s. 8. [s. 26 cont.] Exemption for certain liquidators and others from ss. 18 and 19. (28 of 1914.) Duration of restrictions on dealings with enemy property. 5 & 6 Geo. 5, c. 105, s. 7. Provision as to contracts against public interest. 5 & 6 Geo. 5, c. 105, s. 2. Seizure and forfeiture of goods of enemy origin or destined for or coming form an enemy. 5 & 6 Geo. 5, c. 31, s. 6. 2 of 1946, First Schedule. False statements and obstruction. 6 & 7 Geo. 5, c. 52, s. 1. [s. 31 cont.] Offences by corporations. Evidence of authority or sanction of Governor and certificate of British customs or consular officer. Saving of rights of the Crown. [Sch. Cont.]

Identifier

https://oelawhk.lib.hku.hk/items/show/2002

Edition

1950

Volume

v4

Subsequent Cap No.

188

Number of Pages

28
]]>
Tue, 23 Aug 2011 15:48:09 +0800
<![CDATA[LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2001

Title

LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE

Description






CHAPTER 187.

LEGAL PROCEEDINGS AGAINST ENEMIES.

To facilitate legal proceedings against enemies in certain
cases.
[5th October, 1917.]

1. This Ordinance may be cited as the Legal
Proceedings against Enemies Ordinance.

2. In this Ordinance-
'British subject' includes a corporation incorporated in
His Majesty's dominions;
'enemy' means any person or body of persons of what-
ever nationality resident or carrying on business in
enemy territory, but does not include persons of enemy
nationality who are neither resident nor carrying on
business in enemy territory;
'enemy territory' means any area which is under the
sovereignty of, or in the occupation of, a power with
whom His Majesty is at war, not being an area in the
occupation of His Majesty or of a power allied with
His Majesty;
'outbreak of war' shall, as respects any enemy, be
construed as referring to the date of the outbreak of
war between His Majesty and the power exercising
sovereignty over, or occupying, the territory in which
the enemy is resident or carrying on business;
'war' means any war between His Majesty aiid any foreign
state.

3. (1) Leave may be given to issue a writ of summons
in the Supreme Court for service on an enemy out of the
jurisdiction or of which notice is to be given to an enemy
out of the jurisdiction if the court is satisfied that the casa
is a case to which this section applies, and the court inav.,
on application made at the time leave is so given or at
any subsequent time, if satisfied that the writ cannot
promptly be served or brought to the notice of the enemy
defendant by any of the usual means, make an order (in
this Ordinance referred to as an enemy service order)
directing substituted or other service of the writ or the
substitution of notice for service by means of advertisement





or otherwise; and on that order being complied with, all
proceedings may be taken on the claim as if the writ had
been served on the enemy defendant by the usual means.

(2) The Chief justice may make such rules as he
thinks fit for expediting proceedings and regulating
procedure generally in a case where an enemy service order
has been made and the enemy defendant does not appear;
and any rules so made shall have effect as if they were
included in the rules of court for the time being in force.

(3) The court, where an enemy service order has been
made and it appears not to be practicable to obtain the best
evidence of any document which is in the opinion of the
court material to the case, may admit such other evidence
thereof as appears proper in the circumstances.

(4) The court shall have power, where an enemy
service order has been made and the enemy defendant does
not appear, to order the plaintiff, though successful, to pay
the whole or any part of the costs of the proceedings, if
the court considers that it is just io do so in the special
circumstances of the case.

(5) The fact that, for the purpose of obtaining the
benefit of this section, a writ of summons has been indorsed
only with a claim for a declaration in accordance therewith
shall not prevent any other declaration or any consequential
or other relief being claimed in other proceedings, or
prevent the case being dealt with, although no such other
declaration or consequential or other relief is claimed.

(6) This section applies to cases where-
(a)the plaintiff is a British subject and is entitled for
the time being to bring an action in the Supreme
Court; and
(b)the defendant or one of the defendants is an
enemy; and
(c)the writ is indorsed only with a claim for a declara-
tion as to the effect of the war on rights or liabilities
of the plaintiff or defendant under a contract entered
into before the outbreak thereof; and
(d) there is written evidence of the contract.





4. Nothing in this Ordinance shall prejudice or
interfere with any powers of the court to give leave to issue
a writ of summons or to adjourn, postpone or otherwise
deal with any proceedings on any claim against an enemy,
and the court may, if it appears in any proceedings in a
case where an enemy service order has been made that for
any reason the case cannot properly be dealt with under
this Ordinance, dismiss the case, without prejudice to any
subsequent proceedings in the same matter.
Originally 22 of 1917. Fraser 22 of 1917. Short title. 5 & 6 Geo. 5, c. 36, s. 5. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

Abstract

Originally 22 of 1917. Fraser 22 of 1917. Short title. 5 & 6 Geo. 5, c. 36, s. 5. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

Identifier

https://oelawhk.lib.hku.hk/items/show/2001

Edition

1950

Volume

v4

Subsequent Cap No.

187

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:08 +0800
<![CDATA[THE DEPRIVATION OF CITIZENSHIP RULES]]> https://oelawhk.lib.hku.hk/items/show/2000

Title

THE DEPRIVATION OF CITIZENSHIP RULES

Description






BRITISH NATIONALITY
(MISCELLANEOUS PROVISIONS).

THE DEPRIVATION OF CITIZENSHIP RULES.

(By the Governor under subsection (3) Of section 29 Of
the British Nationality Act, 1948.)

[3oth June, 195o.]

1. (1) When the Governor refers the case of a citizen
of the United Kingdom and Colonies to a committee of
inquiry under subsection (7) of section 20 or subsection (2)
of section 21 of the British Nationality Act, 1948 (which
relate to deprivation of citizenship of the United Kingdom
and Colonies), the committee. of inquiry (in these rules
referred to as 'the committee') shall, before holding the
inquiry, cause notice to be given to the person to whom the
inquiry relates, stating the time when and the place where
it will be held and the nature thereof and informing him
that he will be entitled to be present and to be represented
by counsel or solicitor or, if the committee think fit, by
some other person approved by them.

(2) A notice under this rule may be given-
(a)in a case in which the address of the person con-
cerned is known, by causing lhe notice to be
delivered to him personally or by sending it to him
at that address by post;
(b)in a case where that person's address is not known,
by sending it to his last known address and in such
other manner, if any, as the chairman of the com-
mittee shall consider fit.

(3) A notice as aforesaid shall be given such time. (not
being less than fourteen days) before the holding of the
inquiry as the chairman of the committee shall consider
reasonably necessary.

2. A notice under rule 1 of these rules may require the
person concerned to answer it in writing and to furnish in
writing to the committee any information which they con-
sider material, to be verified in such manner as they inay
require.





3. (1) The committee shall have all such powers,
rights and privileges as are vested in the Supreme Court or
in any judge thereof on the occasion of any action, in respect
of the following nlatters-
(a)the enforcing of the attendance of witnesses and
exat-nining thern on oath, affirmation or otherwise,
and the issue of a commission or request to ex~imiiie
witnesses abroad;
(1)) the compelling of the production of documents ; and
(c) the punishing of persons guilty Of contempt.

(2) A summons signed by one or more members of the
committee may be substituted for and shall be equivalent to
any formal process capable of being issued in any action
for enforcing the attendance of witnesses and compelling tile
production of documents.

4. The committee may act upon any information which
is available, whether or not such information is given on
oath or would be Arnissible as evidence in a court.

5. The committee may invite -my government depart-
ment which appears to thern lo be interested to appoint a
person.to represent the department at the inquiry.

6. (1) The committee i-nty act notwithstanding an),
vacancy in thelt. number, and the quorum of the committee
shall be three.

(2)- The- committee may delegate one- or- more of -their
members to inquire into any particular matter relating to the
inquiry, and the member or members so delegated shall, for
this purpose, have all the powers of the committee other than
their power of punishment.

7. The committee may postpone or adjourn the inquiry
ftom time. to time.

8. The committee may allow or refuse to allow the
public or an~, portion thereof to be present during the whole
or any part of [lie inquiry.





9. Subject to these rules, the procedure at the inquiry
shall be such as the committee may determine.

10. 'Fhese rules may be cited as the Deprivation of
Citizenship Rules.

Note: These rules are not made under Cap. 186 but they are
so included because it is considered that this Chapter is the most
suitable place for their inclusion.

CHAPTER 187.

(Ordinance NO. 22 Of 1917).

LEGAL PROCEEDINGS AGAINST ENEMIES.

No subsidiary legislation.
G.N.A. 138/50.

Abstract

G.N.A. 138/50.

Identifier

https://oelawhk.lib.hku.hk/items/show/2000

Edition

1950

Volume

V10

Subsequent Cap No.

186

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:08 +0800
<![CDATA[BRITISH NATIONALITY (MISCELLANEOUS PROVISIONS) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1999

Title

BRITISH NATIONALITY (MISCELLANEOUS PROVISIONS) ORDINANCE

Description






CHAPTER 186.

BRITISH NATIONALITY
(MISCELLANEOUS PROVISIONS).

To provide for matters arising in'the Colony incidental to
the Provisions of the British Nationality Act, 1948.

[8th July, 1949.]

1. This Ordinance may be cited as the British
Nationality (Miscellaneous Provisions) Ordinance.

2. In this Ordinance, 'Act' means the British
Nationality Act, 1948.

3. (1) Any person who for the purpose of procuring
anything to be done or not to be done under the Act makes
any statement which he knows to be false in a material
particular, or recklessly makes 'any statement which is false
in a material particular, shall be liable on summary convic-
tion to imprisonment for three months.

(2) Any person who fails to comply with any require-
ment imposed by regulations made under the Act with
respect to delivering up certificates of naturalization shall
be liable on summary conviction to a fine of one thousand
five hundred dollars.

4. The fees appointed in the Schedule shall be taken
in the various matters respectively specified, and shall be
paid to the officer and in manner therein shown.

5. It shall be lawful for the Governor in Council by
order to amend the Schedule in any manner whatsoever.

6. The Immigration Officer and any deputy immigra-
tion officer appointed under, section 3 of the Immigrants
Control Ordinance, shall be commissioners to administer
oaths and take declarations and affirmations for the purposes
of this Ordinance.
SCHEDULE.
[s. 4.]
TABLE OF FEES.

31 of 1949. Short title. Interpretation. (11 & 12 Geo. 6, c. 56.) Offences. 11 & 12 Geo. 6, c. 56, s. 28. Schedule of fees. Schedule may be amended by Governor in council. Administration of oaths. (Cap. 243.)

Abstract

31 of 1949. Short title. Interpretation. (11 & 12 Geo. 6, c. 56.) Offences. 11 & 12 Geo. 6, c. 56, s. 28. Schedule of fees. Schedule may be amended by Governor in council. Administration of oaths. (Cap. 243.)

Identifier

https://oelawhk.lib.hku.hk/items/show/1999

Edition

1950

Volume

v4

Subsequent Cap No.

186

Number of Pages

2
]]>
Tue, 23 Aug 2011 15:48:07 +0800
<![CDATA[ALIENS (RIGHTS OF PROPERTY) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1998

Title

ALIENS (RIGHTS OF PROPERTY) ORDINANCE

Description






CHAPTER 185.

ALIENS (RIGHTS OF PROPERTY)

To remove doubts regarding the right of aliens to hold and
transfe,r Property within this Colony.

[17th November, 1853.]

WHEREAS doubts have arisen regarding the right of aliens to
hold and transfer property within this Colony:

BE IT THEREFORE ENACTED by the Governor of Hong Kong
with the advice of the Legislative Council thereof in
pursuance of the Act of Parliament io and ii Victoria,
chapter 83, intituled 'An Act for the Naturalization of
Aliens', and the power inherent in the said Governor
in Council as follows:

1. This Ordinance may be cited as the Aliens (Rights
of Property) Ordinance.

2. It shall be lawful for any alien, and he is hereby
declared entitled, by grant, conveyance, lease, assignment,
or bequest or otherwise, to take, acquire, hold, and possess
any lands or other immovable roperty situated in this

Colony and the said lands or other property as aforesaid to
sell, transfer, assign, or bequeath to any other person as
fully and effectually to all intents and purposes, and with
the same rights, remedies, exemptions, and privileges, as
if he were a natural-born subject of His Majesty residing
in this Colony.

3. Every such grant, conveyance, lease, assignment,
bequest, sale, transfer, or other act heretofore made or done
by or with any such alien shall be deemed in law as valid
and effectual as if it had been made or done by or with
any natural-born British subject.
Originally 2 of 1853. Fraser. 1 of 1853. Short title. Right of alien to hold and transfer immovable property. Validation of grants, etc. by aliens.

Abstract

Originally 2 of 1853. Fraser. 1 of 1853. Short title. Right of alien to hold and transfer immovable property. Validation of grants, etc. by aliens.

Identifier

https://oelawhk.lib.hku.hk/items/show/1998

Edition

1950

Volume

v4

Subsequent Cap No.

185

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:48:07 +0800
<![CDATA[MARRIED WOMEN ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1997

Title

MARRIED WOMEN ORDINANCE

Description






CHAPTER 184.

MARRIED WOMEN.

To amend the law relating to the capacity, property and
liabilities of married women and the liabilities of
husbands.
[2oth March, 1936.]

1. This Ordinance may be cited as the Married Women
Ordinance.

2. Subject to the provisions of this Ordinance and
subject, as respects actions in tort between husband and wife,
to the provisions of section 9 of the Married Women's
Property Ordiriance, a married woman shall-
(a)be capable of acquiring, holding and disposing of,
any property; and
(b)be capable of rendering herself, and being rendered,
liable in respect of any tort, contract, debt or
obligation; and
(c)be capable of suing and being sued, either in tort
or in contract or otherwise; and
(d)be subject to the law relating to bankruptcy aiid to
the enforcement of judgments and orders,
in all respects as if she were a feme sole.

3. Subject to the provisions of this Ordinance all
property which-
(a)immediately before the passing of this Ordinance
was the separate property of a married woman or
held for her separate use in equity; or
(b)belongs at the time of her marriage to a woman
married after the passing of this Ordinance; or
(c)after the passing of this Ordinance is acquired by
by or devolves upon a married woman,
shall belong to her in all respects as if she were a feme sole
and may be disposed of accordingly : Provided that nothing
in this subsection shall interfere with or render inoperative
any restriction upon anticipation or alienation attached to
the enjoyment of any property by virtue of any provision
attaching such restriction contained in any enactment passed
before the passing of this Ordinance, or in any instrument
executed before the commencement of this Ordinance.





(2) Any instrument executed after the commencement
of this Ordinance shall, in so far as it purports to attach to
the enjoyment of any property by a woman any restriction
upon anticipation or alienation which could not have been
attached to the enjoyment of that property by a man, be
void.

(3) For the purposes of the provisions of this section
relating to restrictions upon anticipation or alienation-
(a)an instrument attaching such a restriction as
aforesaid executed after the commencement of this
Ordinance in pursuance of an obligation imposed
before such commencement to attach such a restric
tion shall be deemed to have been executed before
such commencement;
(b)a provision contained in an instrument made in
exercise of a special power of appointment shall be
deemed to be contained in that instrument only and
not in the instrument by which the power was
created; and
(c)the will of any testator who dies after the 31st day of
December, 1945, shall (notwithstanding the actual
date of the execution thereof) be deemed to have
been executed after the commencement of this
Ordinance.

4. Subject to the provisions of this Ordinance, the
husband of a married. woman shall not, by reason only of
his being her husband, be liable-
(a)in respect of any tort committed by her whether
before or after the marriage, or in respect of any
contract, entered into, or debt or obligation incurred,
by her before the marriage; or
(b)to be sued, or made a party to any legal proceeding
brought in respect of any tort, contract, debt or
obligation.

5. (1) Nothing in this Ordinance shall-
(a)during coverture which began before the ist day
of January, 1883, affect any property to which the
title (whether vested or contingent, and whether in
possession, reversion, or remainder) of a married
woman accrued before that date, except property
held for her separate use in equity;





(b)affect any legal proceeding in respect of any tort if
proceedings had been instituted in respect thereof
before the passing of this Ordinance;
(c)enable any judgment or order against a married
woman in respect of a contract entered into or debt
or obligation incurred, before the passing of this
Ordinance, to be enforced in bankruptcy or to be
enforced otherwise than against her property.

(2) For the avoidance of doubt it is hereby declared that
nothing in this Ordinance-
(a)renders the husband of a married woman liable in
respect of any contract entered into, or debt or
obligation incurred, by her after the marriage in
respect of which he would not have been liable if
this Ordinance had not been passed;
(b)exempts the husband of a married woman from
liability in respect of any contract entered into, or
debt or obligation (not being a debt or obligation
arising out of the commission of a tort) incurred, by
her after the marriage in respect of which he would
have been liable if this Ordinance had not been
passed ;
(c)prevents a husband and wife from acquiring, hold-
ing, aiid disposing of, any property jointly or as
tenants in common, or from rendering themselves,
or being rendered, jointly liable in respect of any
tort, contract, debt or obligation, and of suing and
being sued either in tort or in contract or otherwise,
in like manner as if they were not married;
(d)prevents the exercise of any joint power given to a
husband and wife.
19 of 1936. Short title. Capacity of married women. 25 & 26 Geo. 5, c. 30, s. 1. (Cap. 183.) Property of married women. 25 & 26 Geo. 5, c. 30, s. 2. Abolition of husband's liability for wife's torts and antenuptial contracts, debts and obligations. 25 & 26 Geo. 5, c. 30, s. 3. Saving. 25 & 26 Geo. 5, c. 30, s. 4. [s. 5 cont.]

Abstract

19 of 1936. Short title. Capacity of married women. 25 & 26 Geo. 5, c. 30, s. 1. (Cap. 183.) Property of married women. 25 & 26 Geo. 5, c. 30, s. 2. Abolition of husband's liability for wife's torts and antenuptial contracts, debts and obligations. 25 & 26 Geo. 5, c. 30, s. 3. Saving. 25 & 26 Geo. 5, c. 30, s. 4. [s. 5 cont.]

Identifier

https://oelawhk.lib.hku.hk/items/show/1997

Edition

1950

Volume

v4

Subsequent Cap No.

184

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:06 +0800
<![CDATA[MARRIED WOMEN'S PROPERTY ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1996

Title

MARRIED WOMEN'S PROPERTY ORDINANCE

Description






CHAPTER 183.

MARRIED WOMEN'S PROPERTY.

To amend the law relating to the Property of married women.
[15th June, 1906.]

1. This Ordinance may be cited as the Married
Women's Property Ordinance.

2. In this Ordinance-
'contract' includes the acceptance of any trust, or of the
office of executrix or administratrix, and the provisions
of this Ordinance as to liabilities of married women shall
extend to all liabilities by reason of any breach of trust
or devastavit committed by any married * woman being a
trustee or executrix or administratrix either before or
after her marriage, and her husband shall not be subject
to such liabilities unless he has acted or intermeddled in
the trust or administration ;
'property' includes a chose in action.

3. All deposits in any savings bank or in any other
bank, all annuities granted by any person, and all sums
forming part of any stock or funds transferable in the books
of any bank, which on the ist day of January, 1883, were
standing in the sole name of a married woman, and all shares,
stock, debentures, debenture stock or other interests of or in
any corporation, company or public body, municipal, com-
mercial or otherwise, or of or in any industrial ` provident,
friendly, benefit, building or loan society, which on the ist
day of January, 1883, were standing in her name, shall be
deemed, unless and until the contrary is shown, to be the
property of such married woman; and the fact that any
such deposit, annuity, sum forming part of any stocks or
funds transferable in the books of any bank, share, stock,
debenture, debenture stock or other interest as aforesaid is
standing in the sole name of a married woman shall be
sufficient prima facie evidence that she is beneficially entitled
thereto, so as to authorize and empower her to receive or
transfer the same, and to receive the dividends, and to
indemnify all directors, managers and trustees of every such
bank, corporation, company, public body or society as afore-
said in respect thereof.





4. All sums forming part of any other stocks or funds
transferable in the books of any bank, and all such deposits
and annuities respectively as are mentioned in section 3, and
all shares, stock, debentures, debenture stock and other
interests of or in any such corporation, company, public
body or society as aforesaid, which after the ist day of
January, 1883, are allotted to or placed, registered or
transferred in or into or made to stand in the sole name of
any married woman shall be deemed, unless and until the
contrary is shown, to be her ~property, in respect of which,
so far as any liability may be incident thereto she shall alone
be liable : Provided always that nothing in this Ordinance
shall requ ire or authorize any corporation or joint-stock com-
pany to admit any married woman to be a holder of any
shares or stock therein to which any liability may be incident,
contrary to the provisions of any Act of Parliament, Ordin-
ance, charter, by-law, articles of association or deed of settle-
ment regulating such corporation or company.

5. All the provisions hereinbefore contained as to
deposits in any savings bank or in any other bank, annuities
granted by any person, sums forming part of any stocks or
funds transferable in the books of any bank, shares, stock,
debentures, debenture stock or other interests of or in any
such corporation, company, public body or society as afore-
said respectively, which on the ist day of January, 1883, were
standing in the sole name of a married woman, or which after
that time are allotted to, or placed, registered or transferred
to or into or made to stand in, the sole name of a married
woman, shall respectively extend and apply, so far as relates
to the estate, right, title or interest of the married wornan, to
any of the particulars aforesaid which, on the ist day of
January, 1883, were or at any time afterwards are standing
in, or are allotted to, placed, registered or transferred to or
into, or made to stand in, the name of any married woman
jointly with any persons or person other than her husband.

6. It shall not be necessary for the husband of any
married woman, in respect of her interest, to join in the
transfer of any such annuity or deposit as aforesaid, or any
sum forniing part of any stocks or funds transferable as
aforesaid, or any share, stock, debenture, debenture stock
or other benefit, right, claim or other interest of or in any





such corporation, company, public body or society as afore-
said, which now or at any time hereafter is standing in the
sole name of any married woman, or in the joint names of
such married woman and any other persons or person not
being her husband.

7. If any investment in any such deposit or annuity as
aforesaid, or in any stocks or funds transferable as aforesaid,
or in any share, stock, debenture or debenture stock of any
corporation, conipany or public body, municipal, commercial
or otherwise, or in any share, debenture, benefit, right or
claim whatsoever in, to or upon the funds of any industrial,
provident, friendly, benefit, building or loan society, has
been made by a married woman by means of moneys of her
husband, without his consent, the court may, upon an
application under section 13, order such investment, and the
dividends thereof, or any part thereof, to be transferred and
paid respectively to the husband; and nothing in this Ordin-
ance shall give validity as against creditors of the husband
to any gift, by a husband to his wife, of any property which,
after such gift, continues to be in the order and disposition
or reputed ownership of the husband, or to any deposit or
other investment of moneys of the husband made by or in
the name of his wife in fraud of his creditors; but any moneys
so deposited or invested may be followed as if this Ordinance
had not passed.

8. A married woman may effect a policy upon her own
life or the life of her husband for her own benefit; and the
same and all benefit thereof shall enure accordingly. A
policy of assurance effected by any man on his own life and
expressed to be for the benefit of his wife, or of his children,
or of his wife and children, or any of them, or by any woman
on her own life and expressed to be for the benefit of her
husband, or of her children, or of her husband and children,
or any of them, shall create a trust in favour of the objects
therein named, and the moneys payable under any such
policy shall not, so long as any object.of the trust remains
unperformed, form part of the estate of the insured or be
subject to his or her debts : Provided that, if it is proved
that the policy was effected and the premiums paid with
intent to defraud the creditors of the insured, they shall be
entitled to receive, out of the moneys payable under the





policy, a sum equal to the premiums so paid. The insured
may by the policy, or by any memorandum under his or her
hand, appoint a trustee or trustees of the moneys payable
under the policy, and from time to time appoint a new trustee
or new trustees thereof, and may make provision for the
appointment of a new trustee or new trustees thereof, and for
the investment of the moneys payable under any such policy.
In default of any such appointment of a trustee, such policy,
immediately on its being effected, shall vest in the insured
and his or her legal personal representatives, in trust for the
purposes aforesaid. If, at the time of the death of the insured
or at any time afterwards, there is no trustee or it is expedient
to appoint a new trustee or new trustees, a trustee or trustees
or a new trustee or new trustees may be appointed by any
court having jurisdiction under the provisions of the Trustee
Ordinance. The- receipt of a' trustee or trustees duly
appointed, or in default of any such appointment, or in
default of notice to the insurance office, the receipt of the
legal personal representative of the insured, shall be a dis-
charge to the office for the sum secured by the policy, or for
the value thereof, in whole or in part.

9. Every woman, whether married before or after the
1st day of January, 1883, shall have in her own name against
all persons whomsoever, including her husband, the same
civil remedies, and also (subject, as regards her husband, to
the proviso hereinafter contained) the same remedies and
redress by way of criminal proceedings, for the protection
and security of her own property, as if she were a feme sole,
but, except as aforesaid, no husband or wife shall be entitled
to sue the other for a tort. In any indictment or other
proceeding under this section it shall be sufficient to allege
such property to be her property; and in any proceeding
under this section a husband or wife shall be competent to
give evidence one against the other, any statute o r rule of
law to the contrary notwithstanding : Provided always that
no criminal proceeding shall be taken by any wife against
her husband by virtue of this Ordinance while they are living
together, as to or concerning any property claimed by her,
nor while they are living apart, as to or concerning any act
done by the husband while they were living together, con-





cerning property claimed by the wife, unless such property
has been wrongfully taken by the husband when leaving or
deserting, or about to leave or desert, his wife.

10. In any action or proceeding by a woman or by a
next friend on her behalf the court before which such action
or proceeding is pending shall have jurisdiction by judgment
or order to order payment of the costs of the opposite party
out of property which is subject to a restraint on anticipation,
and may enforce such payment by the appointment of a
receiver and the sale of the property or otherwise as may be
just.

11. A woman after her marriage shall continue to be
liable for all debts contracted and all contracts entered into
or wrongs committed by her before her marriage, including
any sums for which she may be liable as a contributory,
either before or after she has been placed on the list of con-
tributories, under and by virtue of any Ordinance relating to
joint-stock companies; and she may be sued for any such
debt and for any liability in damages or otherwise under any
such contract, or in respect of any such wrong : Provided
always that nothing in this Ordinance shall operate to in-
crease or diminish the liability of any woman married before
the 1st day of January, 1883, for any such debt, contract or
wrong as aforesaid, except as to any separate property to
which she may become entitled by virtue of this Ordinance
and to which she would not have been entitled for her
separate use if this Ordinance had not passed.

12. Any wife doing any act with respect to any property
of her husband, which, if done by the husband with respect
to property of the wife, would make the husband liable to
criminal proceedings by the wife, under this Ordinance,
shall in like manner be liable to criminal proceedings by her
husband.

13. In any question between husband and wife as to the
title to or possession of property, either party, or any such
bank, corporation, company, public body or society as afore-
said in whose books any stocks, funds or shares of either
party are standing, may apply by summons or otherwise in a
summary way to a judge, and he may make such order with





respect to the property in dispute and as to the costs of and
consequent on the application as he thinks fit, or may direct
such application to stand over and any inquiry touching the
matters in question to be made in such manner as he thinks
fit: Provided always that any such order shall be subject to
appeal in the same way as an order made by the judge in a
suit pending in the said court would be : Provided also that
any such application or any such appeal may be heard by the
judge in his private room or by the Supreme Court in camera
as the circumstances of the case may require : Provided also
that any such bank, corporation, company, public body or
society as aforesaid shall in the matter of any such application
for the purposes of costs or otherwise be treated as a stake-
holder.only.

14. A married woman who is an executrix or adminis-
tratrix alone or jointly with any other person or persons of
the estate of any deceased person, or a trustee alone or jointly
as aforesaid of property subject to any trust, may sue or be
sued, and may transfer or join in transferring any such
annuity or deposit as aforesaid, or any sum forming part of,
any stocks or funds transferable as aforesaid, or any share,
stock, debenture, debenture stock or other benefit, right,
claim or other interest of or in any such corporation, com-
pany, public body or society in that character, without her
husband, as if she were a feme sole.

15. Nothing in this Ordinance shall interfere with or
affect any settlement or agreement for a settlement made or
to be made, whether before or after marriage, respecting the
property of any married woman, or shall interfere with or
render inoperative any restriction against anticipation at
present attached or to be hereafter attached to the enjoyment
of any property or income by a woman under any settlement,
agreement for a settlement, will or other instrument; but no
restriction against anticipation contained in any settlement or
agreement for a settlement of a woman's own property to be
made or entered into by herself shall have any validity against
debts contracted by her before marriage, and no settlement
or agreement for a settlement shall have any greater force or
validity against creditors of such woman than a like settle-
ment or agreement for a settlement made or entered into by
a man would have against his creditors.





16. For the purposes of this Ordinance the legal per-
sonal representative of any married ' woman shall in respect
of her estate have the same rights and liabilities and be
subject to the same jurisdiction as she would be if she were
living.

17. Section 24 of the Wills Act, 1837, shall apply to the
will of a married woman made during coverture whether she
is or is not possessed of or entitled to any separate property at
the time of making it, and such will shall not require to be
re-executed or republished after the death of her husband.

18. This Ordinance shall be deemed to have been in
force in this Colony on and from the ist day of January, 1883,
the date when the Married Women's Property Act, 1882,
came into force in England : Provided always that nothing
in this Ordinance shall affect-
(a) any judgment or order of any court;
(b) any charge validly created;
(c) any trust validly created; or
(d) any disposition duly made or effected,
if such judgment or order was pronounced or made or such
charge or trust created or such disposition made or effected
prior to the 15th day of June, 1906.
Originally 5 of 1906. Fraser 5 of 1906. Short title. Interpretation. 45 & 46 Vict, c. 75, s. 24. As to stock, etc., to which a married woman is entitled. 45 & 46 Vict, c. 75, s. 6. As to stock, etc., to be transferred, etc., to a married woman. 45 & 46 Vict, c. 75, s. 7. Investments in joint names of married woman and others. 45 & 46 Vict, c. 75, s. 8. As to stock, etc., standing in the joint names of a married woman and others. 45 & 46 Vict, c. 75, s. 9. Fraudulent investments with money of husband. 45 & 46 Vict, c. 75, s. 10. Moneys payable under policy of assurance not to form part of estate of the insured. 45 & 46 Vict, c. 75, s. 11. [s. 8 cont.] (Cap. 29.) Remedies of married woman for protection and security of separate property. 45 & 46 Vict, c. 75, s. 12. Costs may be ordered to be paid out or property subject to restraint on anticipation. 56 & 57 Vict, c. 63, s. 2. Wife's ante-nuptial debts and liabilities. 45 & 46 Vict, c. 75, s. 13. Act of wife liable criminally. 45 & 46 Vict, c. 75, s. 16. Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vict, c. 75, s. 17. [s. 13 cont.] Married woman as executrix or trustee. 45 & 46 Vict, c. 75, s. 18. Saving of existing settlements, and power to make future settlements. 45 & 46 Vict, c. 75, s. 19. Legal representative of married woman. 45 & 46 Vict, c. 75, s. 23. Will of married woman. 56 & 57 Vict, c. 63, s. 3. 7 Will, 4 & 1 Vict, c. 26, s. 24. Ordinance in force on and from 1st January, 1883. Savings. 45 & 46 Vict, c. 75.

Abstract

Originally 5 of 1906. Fraser 5 of 1906. Short title. Interpretation. 45 & 46 Vict, c. 75, s. 24. As to stock, etc., to which a married woman is entitled. 45 & 46 Vict, c. 75, s. 6. As to stock, etc., to be transferred, etc., to a married woman. 45 & 46 Vict, c. 75, s. 7. Investments in joint names of married woman and others. 45 & 46 Vict, c. 75, s. 8. As to stock, etc., standing in the joint names of a married woman and others. 45 & 46 Vict, c. 75, s. 9. Fraudulent investments with money of husband. 45 & 46 Vict, c. 75, s. 10. Moneys payable under policy of assurance not to form part of estate of the insured. 45 & 46 Vict, c. 75, s. 11. [s. 8 cont.] (Cap. 29.) Remedies of married woman for protection and security of separate property. 45 & 46 Vict, c. 75, s. 12. Costs may be ordered to be paid out or property subject to restraint on anticipation. 56 & 57 Vict, c. 63, s. 2. Wife's ante-nuptial debts and liabilities. 45 & 46 Vict, c. 75, s. 13. Act of wife liable criminally. 45 & 46 Vict, c. 75, s. 16. Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vict, c. 75, s. 17. [s. 13 cont.] Married woman as executrix or trustee. 45 & 46 Vict, c. 75, s. 18. Saving of existing settlements, and power to make future settlements. 45 & 46 Vict, c. 75, s. 19. Legal representative of married woman. 45 & 46 Vict, c. 75, s. 23. Will of married woman. 56 & 57 Vict, c. 63, s. 3. 7 Will, 4 & 1 Vict, c. 26, s. 24. Ordinance in force on and from 1st January, 1883. Savings. 45 & 46 Vict, c. 75.

Identifier

https://oelawhk.lib.hku.hk/items/show/1996

Edition

1950

Volume

v4

Subsequent Cap No.

183

Number of Pages

7
]]>
Tue, 23 Aug 2011 15:48:06 +0800
<![CDATA[MARRIED WOMEN (DISPOSITION OF PROPERTY) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1995

Title

MARRIED WOMEN (DISPOSITION OF PROPERTY) ORDINANCE

Description






CHAPTER 182.

MARRIED WOMEN (DISPOSITION OF PROPERTY).

To make provision with respect to the disposition of property
by married women.
[20th May, 1885.]

1. This Ordinance may be cited as the Married Women
(Disposition of Property) Ordinance.

2. In this Ordinance-
'estate' includes an estate in equity as well as at law, and
also includes any interest, charge, lien, or incumbrance
in, upon, or affecting land, either at law or in equity, and
also any interest, charge, lien, or incumbrance in, upon,
or affecting money subject to be invested in the purchase
of land;
'land' includes land, messuages, and tenements of any
tenure situate within the Colony and any undivided share
thereof;
'money subject to be invested in the purchase of land'
includes money, whether raised or to be raised, and
whether the amount thereof is or is not ascertained, and
extends to stocks and funds and real and other securities
the produce of which is directed to be invested in the
purchase of land.

3. A married woman may by deed dispose of any land
and money subject to be invested in the purchase of land,
and also dispose of, disclaim, release, surrender, or extinguish
any estate which she alone, or she and her husband in her
right, may have in any land or in any such money, and also
release or extinguish any power which may be vested in, or
limited or reserved to, her in regard to any land or to any
such money, or in regard to any estate in any land or in any
such money, as fully and effectually as she could do if
she were a feme sole, but no such disposition, disclaimer,
release, surrender, or extinguishment shall be valid and
effectual unless her husband concurs in the deed by which
the same is effected, and unless the deed is acknowledged
by her as hereinafter directed : Provided that the powers of
disposition given to a married woman by this Ordinance shall
not interfere with any power which, independently of this





Ordinance, may be vested in, or limited or reserved to, her,
so as to prevent her froni exercising such power in any case,
except so far as, by any disposition made by her under this
Ordinance, she may be prevented from so doing in conse-
quence of such power having been suspended or extinguished
by such disposition.

4. Every deed to be executed by a married woman for
any of the purposes of this Ordinance shall, on her executing
the same or afterwards, be produced and acknowledged by
her as her act and deed before a commissioner, to be
appointed is hereinafter provided.

5. The commissioner, before he shall receive such
acknowledgment, shall examine the woman apart from her
husband touching her knowledge of such deed, and shall
ascertain whether she freely and voluntarily consents to such
deed, and, unless she does so, shall not permit her to acknow-
ledge the same, and in such case such deed shall, so far as
relates to the execution thereof by such married woman, be
void.

6. (1) The Chief justice may, whenever it seems
desirable to him to do so, appoint one or more commissioners
for taking acknowledgments by married women of the deeds
to be executed by them as aforesaid, and such commissioners
shall be removable by and at the pleasure of the Chief justice.

(2) The Chief justice may also, as occasion may require,
appoint a special commissioner to take the acknowledgment
of any particular married wornan in England or in any other
place out of the Colony.

7. (1) When a married woman acknowledges any such
deed, the commissioner taking such acknowledgment shall
sign a memorandum to be indorsed on, or written at the foot
or in the margin of, such deed, which memorandum shall be
to the following effect-

'This deed marked here add some letter or other mark for the
purpose of identificatio] was this day produced before me and
acknowledged by therein nanied, to be her act and deed,
previous to which acknowledgement the said was examined
by me separately and apart from her husband touching her knowledge
of the contents of the said deed and her consent thereto, and
declared the same to be freely and voluntarily executed by her.'





(2) The same commissioner shall also sign a certificate
of the taking of such acknowledgment, which shall be to the
following effect-

'This is to certify that on the day of
19 , before me, the undersigned A.B., a commissioner appointed
for the Colony of Hong Kong for taking the acknowledgments of
deeds by married women pursuant to the Married Women
(Disposition of Property) Ordinance, (Chapter 182 of the Revised
Edition) appeared personally
the wife of and produced a certain indenture
marked [here add the mark] bearing date the day of
19 , and made between [insert the navies of
the parties] and acknowledged the same to be her act and deed;
and I do hereby certify that the saidwas, at the
time of her acknowledging the said deed, of apparent full age and
competent understanding, and that she was examined by me apart
from her husband touching her knowledge of the contents of the
said deed, and that she freely and voluntarily consented to the
same.'

. 8. Every such certificate, within three months of its
being signed, shall be lodged with the Land Officer, who
shall examine the certificate and see that it is in due form and
is duly signed by the commissioner, and, if the requisites
in this Ordinance in that respect have been complied with,
shall cause the same to be filed as of record in the Land
Office.

9. When the certificate is so filed, the deed so acknow-
ledged, so far as regards the disposition, disclaimer, release,
surrender, or exti ngu ish ment thereby made, shall take effect
from the time of its being acknowledged, and the filing of
the certificate shall have relation to such acknowledgment.

10. The Land Officer shall at any time deliver a copy,
signed by him, of any such certificate to any person applying
for such copy, and every such copy shall be received as
evidence of the acknowledgment of the deed to which such
certificate refers.

11. If a husband is, in consequence of unsound mind
or from any other cause, incapable of executing a deed, or
if his residence is not known, or he is in prison, or is living
apart from his wife, either by mutual consent, or by sentence
of divorce, or from any other cause whatsoever, the Chief
justice may, by an order to be made in a summary way on
the application of the wife and on such evidence as to him
may seem meet, dispense with the concurrence of the husband





in any case in which his concurrence is required by this
Ordinance or otherwise; and all acts and deeds to be done,
executed, or made by the wife in pursuance of such order, in
regard to any land or in regard to money subject to be
invested in the purchase of land, shall be as good and valid
as they would have been if the husband had concurred, but
without prejudice to the rights of the husband as then existing
independently of this Ordinance.
Originally 12 of 1885. Fraser 5 of 1885. Short title. Interpretation. 3 & 4 Will. 4, c. 74, s. 1. Right of married woman, with her husband's concurrence, by deed acknowledged, of land. 3 & 4 Will. 4, c. 74, ss. 77, 78. [s. 3 cont.] Acknowledgment of deed by married woman. 3 & 4 Will. 4, c. 74, s. 79. Examination of married woman apart from her husband. 3 & 4 Will. 4, c. 74, s. 80. Appointment of commissioners to take acknowledgments. 3 & 4 Will. 4, c. 74, s. 81. Signing of memorandum on deed by commissioner taking acknowledgment. 3 & 4 Will. 4, c. 74, s. 84. Filling of certificate to be lodged in Land Office. 3 & 4 Will. 4, c. 74, s. 85. Deed to take effect from time of acknowledgment. 3 & 4 Will. 4, c. 74, s. 86. Use of copy of certificate as evidence. 3 & 4 Will. 4, c. 74, s. 88. Cases in which husband's concurrence may be dispensed with. 3 & 4 Will. 4, c. 74, s. 91. [s. 11 cont.]

Abstract

Originally 12 of 1885. Fraser 5 of 1885. Short title. Interpretation. 3 & 4 Will. 4, c. 74, s. 1. Right of married woman, with her husband's concurrence, by deed acknowledged, of land. 3 & 4 Will. 4, c. 74, ss. 77, 78. [s. 3 cont.] Acknowledgment of deed by married woman. 3 & 4 Will. 4, c. 74, s. 79. Examination of married woman apart from her husband. 3 & 4 Will. 4, c. 74, s. 80. Appointment of commissioners to take acknowledgments. 3 & 4 Will. 4, c. 74, s. 81. Signing of memorandum on deed by commissioner taking acknowledgment. 3 & 4 Will. 4, c. 74, s. 84. Filling of certificate to be lodged in Land Office. 3 & 4 Will. 4, c. 74, s. 85. Deed to take effect from time of acknowledgment. 3 & 4 Will. 4, c. 74, s. 86. Use of copy of certificate as evidence. 3 & 4 Will. 4, c. 74, s. 88. Cases in which husband's concurrence may be dispensed with. 3 & 4 Will. 4, c. 74, s. 91. [s. 11 cont.]

Identifier

https://oelawhk.lib.hku.hk/items/show/1995

Edition

1950

Volume

v4

Subsequent Cap No.

182

Number of Pages

4
]]>
Tue, 23 Aug 2011 15:48:05 +0800
<![CDATA[MARRIAGE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1994

Title

MARRIAGE ORDINANCE

Description






CHAPTER 181.

THE MARRIAGE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section . Page
1. Short title ........................... ... ... ... ... 403
2. Interpretation ................ ... ... ... ... ... ... 403
3. Registrar of Marriages and deputy registrars ... ... ... 403
4. Licensing of places of worship...... ... ... ... ... ... ... 403
5. Notification of such licence .......... ... ... ... ... ... 403
6. Notice of intended marriage ........... ... ... ... ... ... 404
7. Filing and exhibition of notice..... ... ... ... ... ... ... 404
8. Supply of forms .................... ... ... .... ... ... 404
9. Issue of certificate ............... ... ... ... ... ... ... 404
10. Grant of licence ..................... ... ... ... 404
11. Notice void unless marriage within three months ... ... 404
12. Grant of special licence in case of emergency ... ... ... 405
13. Affidavit before issue of certificate or grant of licence ... 405
14. No licence or certificate if either party under sixteen 405
15. Production of written consent .....405
16 Consent by Registrar for parent or guardian ... ... ... 405
17. Right to forbid issue of certificate ... ... ... ... ... 406
18. Registrar may inquire into right to forbid ... 406
19. Appeal against decision of Registrar ... ... ... ... ... 406
20. Celebration of marriage in licensed place of worship ... 406
21. Certificates of marriage ........ .... ... ... ... ... 407
22. Marriage before Registrar ......... ... ... ... ... ... 407
23. Marriage by sDecial licence at other place ... ... ... 408
24. Registration of certificates of marriage ... ... ... ... 408
25. Effect of certificate of marriage or certified copy ... ... 408
26. Correction of error in certificate of marriage ... ... ... 409
27. Searches may be made and certified copies granted ... 409
28. Invalid marriages ....................... ... ... ... 409
29. Validity of marriages ................... ... ... ... ... 409
.10. Marrying. etc. minor without consent of proper person ... 409
31. Offences by minister .............. ... ... ... ... ... 409
32. Penalty for failing to transmit certificate ... ... ... ... 410
23. Penalty for removing etc. notice ........ ... ... ... ... 410
34. Penalty on unauthorized person celebrating marriage ... - 410
35. Fines on summary conviction .............. ... ... ... 410
36. Use of forms ............................ ... ... ... ... 410
37. Fees ........................... ... ... ... ... 410
38. Reduction or remission of fees ........... ... ... ... 410
39. ADplication of Ordinance ................. ... ... ... ... 410
40. Marriage in articulo mortis .............. ... ... ... ... 4A
41. Marriages under Ordinance to be Christian or civil equivalent. 412
42. Reciprocal recognition of certificates and notice with United
Kingdom ... ... ... ... .. . ... ... ... ... ... ... 412

FIRST SCHEDULE.
(Forms)

SECOND SCHEDULE.
(Fees)





CHAPTER 181.

MARRIAGE.

To provide a general register of marriages celebrated in the
Colony, to authorize in certain cases marriages in articulo
mortis, aitd to facilitate marriages between British
subjects resident in this Colony and the United
Kingdom.

[1st March, 1876.]

1. This Ordinance may be cited as the Marriage
Ordinance.

2. In this Ordinance 'Registrar' means the Registrar
of Marriages appointed under section 3 and any deputy
registrar of marriages so appointed.

3. (1) It shall be lawful for the Governor from time
to time to appoint such person as he may please to be
Registrar of Marriages, and to appoint deputy registrars
of marriages.

(2) It shall not be necessary in any such appointment
to name any particular individual and the appointment may
be of the holder of an office in the name of the office, in
which case the person for the time being performing the
duties of such office shall be deemed to have been appointed
to be Registrar or a deputy registrar, as the case may be,
and all the powers and duties expressed by this or any
other Ordinance to be conferred or imposed on the Registrar
or on a deputy registrar, as the case may be, shall frorn
time to time be deemed to have been conferred or imposed
on the person for the time being performing the duties of
such office. [2]

4.The Governor may license any place of public
worship to be a place for the celebration of marriages, and
may at any time cancel any such licence. [3]

5. Whenever the Governor grants or cancels any such
licence, the Registrar shall give public notice thereof in
the Gazette. [4]





6. (1) Whenever any person desire to marry, one of
the parties to the intended marriage shall give notice thereof
to the Registrar in the prescribed form.

(2) Every such notice shall be signed by the party
giving the notice.

7. (1) The Registrar shall file every such notice in
his office.

(2) He shall exhibit one copy of such notice at the
office of the Registrar and may, if he thinks fit, exhibit
copies in other conspicuous places open to the public, and
shall keep every such copy so exhibited until he issues a
certificate as hereinafter mentioned or until the three months
referred to in section ii expire.

(3) He shall also enter a copy of the said notice, with
the date of such entry, in a book to be called the marriage
notice book. [6]

(4) He shall allow any person to inspect such book
during office hours without fee.

8. TheRegistrar shall supply forms of notice
gratuitously to persons applying for the same. [7]

9.At any time not more than three months or (except
when the Governor grants a licence) less than fifteen days
after the giving of such notice, the Registrar shall, on the
request of either of the parties, issue a certificate in the
prescribed form. [8]

10. The Governor may, at any time after a party has
given notice as aforesaid, grant a licence in the prescribed
form authorizing the Registrar to issue his certificate on or
after any day named in such licence. [9]

11. If the marriage does not take place within three
months after the giving of the above-mentioned notice, the
notice given and all proceedings thereupon shall be utterly
void, and fresh notice will be required before any marriage
can be had between the parties. [10]





12. (1) The Governor may, when he sees fit, grant a
special licence in the prescribed form dispensing with notice
as aforesaid,, or with the certificate of the Registrar or with
both, and authorizing the celebration of a marriage between
the parties named at a place and at a time specified in the
licence.

(2) The Governor may grant such licence without
payment of any fee, or on payment of such reduced fee as,
in the special circumstances of the case, he may think
sufficient.

13. Before the Registrar issues any certificate and
before the Governor grants any licence, one of the parties
to the intended marriage shall appear personally before the
Registrar and make affidavit (which the Registrar is hereby
authorized to take) that he or she believes that there is not
any impediment of kindred or alliance or any other lawful
hindrance to the marriage, and either that the consent of
the parties required by law to consent to the marriage has
been obtained or that no such consent is required. [12]

14. No licence of the Governor and no certificate of the
Registrar shall be issued under this Ordinance if either
party to the intended marriage is under the age of sixteen
years. [12A]

15. If either party to the intended marriage, not being
a widower or a widow, is of or over sixteen and under
ewenty-one years of age, the written consent of the father,
or, if he is dead or non compos mentis, of the mother, or, if
both are dead or non compos mentis, of the lawful guardian
of such party, must be produced to the Registrar before
he issues a certificate or to the Governor before he grants a
licence. [13]

16. If there is no parent or guardian of such party
residing in the Colony and capable of consenting, the
Registrar may give his consent in writing to the marriage,
if on inquiry the inarriage appears to him to be proper, and
such consent shall be as effectual as if the father or mother
or guardian had consented. [14]





17. (1) Any person whose consent is required as afore-
said may forbid the issue of the certificate of the Registrar
by writing the word 'Forbidden' opposite the entry in the
marriage notice book, and by signing his name and the
character in which he forbids the issue.

(2) If the issue of any certificate is so forbidden, the
notice and all proceedings thereupon shall be void. [15]

18. (1) If either of the parties to the intended marriage
alleges that the person forbidding the issue of the certificate
is not authorized by law to do so, the Registrar shall inquire
into the matter, and if he is satisfied that the person is not
so authorized, he may proceed to issue the certificate in due
course, without reckoning the time that has elapsed since
the issue was forbidden.

(2) For the purposes of such inquiry or of any inquiry
under section 16 the Registrar may administer an oath to
any person. [16]

19. (1) If the Registrar considers that the person
forbidding the issue of the certificate is authorized to. do
so, either of the parties to the intended marriage may appeal
by petition to the Supreme Court, and the court or judge
may hear and determine the matter of the petition in a
summary way.
(2) Such determination shall be final;and the
Registrar shall proceed in accordance therewith, without
reckoning the time that has elapsed since the issue was
forbidden. [17]

20. (1) Marriages may be celebrated in any licensed
place of worship by any competent minister of the church,
denomination, or body to which such place of worship
belongs, and according to the rites or usages of marriage
observed in such church, denomination, or body, provided
that the marriage is celebrated with open doors, and (except
in case of a special licence) between 6 a.m. and 6 p.m., and
in the presence of two or more witnesses, besides the
officiating minister.

(2) No minister shall celebrate any marriage until the
parties deliver to him the certificate of the Registrar or the
Governor's special licence. [19]





21. (1) The Registrar shall cause to be prepared and
delivered to the several licensed places of worship books of
marriage certificates in duplicate and with butts in the
prescribed form.

(2) The certificate shall be signed in duplicate by the
officiating minister, by the parties, and by two or more
witnesses to the marriage.

(3) The minister shall deliver one certificate to the
parties, immediately after the marriage, and shall within
seven days thereafter transmit the other to the Registrar
who shall file the same in his office.

(4) The officiating minister shall enter in the butt the
names of the parties and the date of the marriage. [20]

22. (1) After the issue of a certificate by the
Registrar, or the grant of a special licence by the Governor,
the parties may, if they think fit, contract a marriage before
the Registrar : Provided that, before they are permitted
to do so, each of. the parties shall sign a written declaration
in the presence of the Registrar, which he shall witness, in
the prescribed form.

(2) Such declaration shall, if necessary, be interpreted
to both or either of the parties in their or his or her own
language in the presence of the Registrar, and the person
interpreting such declaration shall subscribe his name to
it as interpreter.

(3) The marriage shall take place in the presence of
two or more witnesses, in the office of the Registrar, with
open doors, and (except in case of a special licence) between
io a.m. and 4 p.m., and in the following manner-
(a)the Registrar shall first address the parties to the
following effect-
'Know ye, A.B., and C.D., that, by the public
taking of each other as man and wife in iny presence
and in the presence of the persons now here, and by
the subsequent attestation thereof by signing your
names to that effect, you becoine legally married to
each other although no other rite of a civil or
religious nature shall take place ; and know ye
further that this marriage cannot be dissolved during





your lifetime, except by a valid judgment of divorce,
and that if either of you, before the death of lite
other, shall contract another marriage while this
remains undissolved, you will thereby be*guilty of
bigamy, and be liable to the punishment inflicted for
that grievous offence.'; and
(b) each of the parties shall then say to the other-
'I call upon all persons here present to witness
that I, A.B., do take thee, C.D., to be my lawful
wife [or husband].'

(4) The Registrar and the parties and witnesses shall
thereupon sign duplicate certificates in the form and manner
hereinbefore prescribed.
(s) The Registrar shall deliver one certificate to the
parties and shall file the other in his office. [21]

23. Whenever the Governor's special licence authorizes
the celebration of a marriage at a place other than a
registered place of worship or the office of the Registrar,
the-Registrar, on taking the affidavit of one of the parties
to the marriage, shall deliver to him or her a blank certificate
of marriage in duplicate, and the minister celebrating the
marriage, the parties, and two or more witnesses shall sign
the same, in manner hereinbefore prescribed, and the
minister shall deliver one certificate to the parties,
immediately after the marriage, and shall transmit the other
to the Registrar within seven days thereafter, and the
Registrar shall file the same in his office. [22]

24. The Registrar shall register all certificates of
marriage filed in his office in such order and manner as he
thinks best suited for easy reference thereto. [23]

25. Any certificate of marriage filed in the office of the
Registrar, or a copy thereof, provided it purports to be
signed and certified as a true copy by the Registrar andto
be sealed or stamped with his official seal, shall be admis-
sible as evidence of the marriage to which the same relates
in any court or before any person having by law or by
consent of parties authority to hear, receive, and examine
evidence. [24]





26. The Registrar may, when authorized by the
Colonial Secretary to do so, correct any clerical error in any
certificate of marriage on production to him of the certificate
delivered to the parties, and shall authenticate every such
correction by his signature, or by marking the same with
his initials, and the date of making the correction. [25]

27. The Registrar may allow searches to be made
amongst all certificate, licences, registers, and indexes in
his possession and give ' a certified copy of any entry therein,
and issue a certificate to the effect that there is no record
of a marriage between certain persons named having taken
place. [25A ]

28. (1) No marriage shall be valid which would be
null and void on the ground of kindred or affinity in
England or Wales.

(2) A marriage shall be null and void if both parties
knowingly and wilfully acquiesce in its celebration in any
place other than the office of the Registrar or a licensed
place of worship (except when authorized by a special
licence), or under a false name or without a certificate of
notice or licence duly issued, or by a person not being a
competdnt minister or the Registrar or his deputy, or if
either party to the marriage is at the time of its celebration
under the age of sixteen years.

(3) But no marriage shall, after celebration, be deemed
invalid by reason that any provision of this Ordinance, other
than the foregoing, has not been complied with. [26]

29. All marriages celebrated under this Ordinance shall
be good and valid in law to all intents and purposes. [27]

30. Any person who, knowing that the written consent
of the proper person as herein prescribed lias not been
obtained, marries, or assists or procures any other person
to marry, a person tinder the age of twenty-one years, not
being a widow or widower, shall be guilty of a iiiis
demeanor triable summarily aiid liable to imprisonment for
two years.. [28]

31. Any minister who-
(a) wilfully celebrates a marriage in the case of a





minor, without such written consent as herein
prescribed; or
(b)wilfully celebrates a marriage contrary to any other
provision of this Ordinance, or knowing that any
provision of this Ordinance has not been complied
with,
shall be guilty of a misdemeanor triable summarily and
liable to a fine of two thousand dollars or imprisonment
without hard labour for two years. [291

32. Any minister who, after celebrating a marriage, fails
to transmit the certificate thereof to the Registrar within
seven days thereafter shall be liable to a fine of two
hundred and fifty dollars. [30]

33. Any person who wilfully removes, defaces, alters,
or destroys any copy of a notice of intended marriage
shall be liable to a fine of two hundred dollars. [31 ]

34. Any person who knowingly and wilfully celebrates
or pretends to celebrate a marriage, not being legally com-
petent to do so, shall be guilty of a misdemeanor triable
summarily and liable to imprisonment for two years. [32]

35. All fines for offences against this Ordinance may
be recovered in a summary way before a magistrate. [33]

36. The forms in the First Schedule may be used in
the cases to which they are applicable with such alterations
as circumstances may render necessary. [34]

37. The fees specified in the Second Schedule shall be
paid to t he Registrar for the several matters to which they
are applicable :Provided always that it shall be lawful
for the Governor in Council to make such alterations
therein, including alterations, increasing or decreasing fees,
as shall be deemed advisable. [35]

38. The Registrar may, in any case where he is
satisfied of the poverty of the parties, reduce the amount
of the said fees or remit them altogether. [36]

39. (1) This Ordinance shall apply to all marriages
celebrated in the Colony except non-Christian customary





marriages duly celebrated according to the personal law and
religion of the parties.

(2) The parties to any such customary marriage may,
however, if they so desire and provided they have not living
any other undivorced spouse, contract with each other a
marriage under this Ordinance. In such cases the marriage
under this Ordinance shall not be deemed to prejudice the
previous customary marriage. [37]

40. (1) It shall be lawful for any competent minister
to celebrate a marriage, without the previous delivery to
him of the certificate of the Registrar or the Governor's
special licence, (as required by subsection (2) of section 20)
where the marriage is between two persons who have lived
together in unlawful concubinage and one of them is in
articulo mortis : Provided that no such marriage shall be
valid unless the following conditions are observed-
(a)no such marriage shall be celebrated unless both
the parties are able to signify their consent thereto
and do so in the presence of two witnesses;
(b)no such marriage shall be celebrated where either
of the parties is under twenty-one years of age,
not being a widower or widow, unless the person
whose consent is required is present and gives his
or her consent verbally;
(c)no such marriage shall be valid which would be
null and void, on the ground of kindred or affinity,
in England or Wales; and
(d)the minister celebrating any such marriage shall,
within seven days frorn the celebration thereof,
forward to the Registrar, to be filed in his office,
a certificate in the prescribed form. The certificate
shall be signed by the minister, and, where prac-
ticable, by the persons so married, and by the
witnesses to the marriage, and, if either of the
parties is unable to sign, the minister shall certify
accordingly.

(2) No marriage in articitZo mortis shall revoke any
will or codicil previously made by either of the parties to
such marriage, but such will or codicil shall have the same
validity as if such marriage had not taken place.





(3) (1) Any person who-
(a)knowingly celebrates any marriage in purported
pursuance of this section contrary to or not in
accordance with any provision thereof; or
(b)not being legally competent, celebrates any
marriage under this section,
shall be guilty of a misdemeanor triable summarily and
liable to a fine of two thousand dollars or imprisonment for
two years.
(2) Any minister who, after celebrating a marriage
under this section, fails to transmit the certificate thereof
in accordance with the provisions of paragraph (d) of sub-
section (i) shall be liable to a fine of two hundred and fifty
dollars.

41. (1) Every marriage under this Ordinance shall be
a Christian marriage or the civil equivalent of a Christian
marriage.
(2) The expression 'Christian marriage or the civil
equivalent of a Christian marriage' implies a formal cere
mony recognized by the law as involving the voluntary
union for life of one man and one woman to the exclusion
of all others. [38]

42. (1) Where a marriage is intended to be solemnized
or contracted in this Colony between a British subject
resident in this Colony and a British subject resident in the
United Kingdom, a certificate for marriage issued by a
superintendent registrar in England and a certificate for
marriage issued by a registrar, and a certificate of pro-
clamation of banns, in Scotland, and a certificate for
marriage issued by a registrar in Northern Ireland, shall
in this Colony have the same effect as a certificate of receipt
of notice of marriage issued by the Registrar in the Colony.
(2) Where a marriage is intended to be solemnized or
contracted in the United Kingdom between a British subject
resident in the United Kingdom and a British subject
resident in this Colony, a certificate of receipt of notice of
marriage may be issued in this Colony in the like nianner
as if the marriage were to be solemnized or contracted in
circumstances requiring a certificate of receipt of notice of
marriage aiid as if both such British subjects were resident
in this Colony.





FIRST SCHEDULE. [s. 36.]
FORM 1. [s. 6.]
Notice of Marriage.
To the Registrar of Marriages of Hong Kong.
I hereby give you notice that a marriage is intended to be had,
within three months from the date hereof, between me and the
other party herein named.



Witness my hand this day of 19
(Signed) Party giving the notice.

FoRm 2. [s. 9.]

Certificate of Registrar of Marriages.
I, Registrar of Marriages of Hong Kong, do
hereby certify that on the day of' 19 9
notice was duly entered in the Marriage Notice Book of the said
Colony of the marriage intended to be had between the parties
herein named and described.



The issue of this certifi-
Date of notice entered 19 cate has not been for-
bidden by any person
Date of certificate given 19 authorized to forbid
the issue thereof.
Witness my hand this day of ' 19

(Signed) Registrar of Marriages.

This certificate will be void unless the marriage is solemnized
on or before the day of ' 19
This certificate was issued by virtue of the Governor's licence
dated the day of ' 19





FORm 3. [s. 10.]

Licence to Registrar of Marriages to issue certificate.

HONG KONG.

The Marriage Ordinance, section 10.

Whereas on the day of 19 notice was
given to the Registrar of Marriages of a marriage intended to be
had between A.B. and C.D. therein mentioned, and the said A.B.
desires to obtain a licence for the immediate issue of a certificate
of such notice, and lias made before the said Registrar of Marriages
the affidavit required by the Marriage Ordinance, (Chapter 181 of
the Revised Edition) section 13:Now, therefore, in pursuance of
the said Ordinance, I do hereby authorize the said Registrar of
Marriages to issue the said certificate, at any time on or after the
day of ' 19 and within 3 calendar
months of the said day of 19 t
Given under my hand this day of ' 19

(Signed) Governor.

The date of the notice.

FoRm 4. [s. 12.1]
Special Licence.

HONG KONG.

The Marriage Ordinance, section 12.

Whereas A.B. and C.D. desire to marry, and sufficient cause has
been shown to me why such marriage should be allowed without
the formalities prescribed by the Marriage Ordinance (Chapter 181
of the Revised Edition): Now, therefore, in pursuance of the said
Ordinance, I do dispense with the giving of notice and the issue
of the certificate thereby prescribed [or as the case may be] and do
hereby authorize any competent person to celebrate marriage between
the said A.B. and C.D. at [place of celebration] on the day
of ' 19 between the hours of o'clock
in the forenoon and o'clock in the afternoon.

Given under my hand this day of 19

(Signed) Governor.




FORM 5. [21.]

Certificate of Marriage.

Hong Kong Mariage Ordinance (Chapter
181 of the Revised Edition) Section 21 Hong Kong marriage Ordinance (Chapter
181 of the Revised Edition Section 21

19. Marriage solemnized in the at In Hong Kong. 19. Marriage solemnized in the at in Hong Kong.




FORM 6. [s. 22.]

Declaration.

I, A.B., of do hereby declare that I fully
understand that by publicly taking C.D. as my wife [or husband,
as the case may be] in the presence of the Registrar of Marriages,
I shall become legally married and bound to the said C.D., although
no other rite of a civil or religious nature shall take place, and I
also understand that the effect of my publicly taking the said C.D.,
as my wife [or husband, as the case may be] as aforesaid is to
create between us a marriage which cannot be dissolved during our
joint lives except by a valid judgment of divorce, and that if either
of us, before the death of the other, shall contract another marriage
while this one remains undissolved, he or she will be guilty of
bigamy and will be liable to the punishment for that offence.

Dated the day of ' 19

(Signed) A.B.

Witness (Signed) W.X., Registrar of Marriages.

Interpreted to the said A.B. in thelanguage, in the
presence of

WX, Registrar of Marriages.

(Signed) YZ.' Interpreter.





FORM 7. [s. 40.]
FORM OF CERTIFICATE.
(Marriage in Articulo Mortis.)
Marriage Ordinance, (Chapter 181 of the Revised Edition) Marriage Ordinance, (Chapter 181 of the Revised
Section 40. Edition) Section 40.
19 Marriage solemnized at in Hong Kong 19 . Marriage solemnized at in Hong Kong.






SECOND SCHEDULE.

TABLE OF FEES [s. 37]

1.................Notice of marriage Nil
2..............Certificate of notice 1 dollar
3..............................Search 1
4.....................Certified copy 1
5.Certificate of absence of any record for a period
not exceeding 10 years .....5 dollars
6.The same for period exceeding 10 years 10
7.Licence to Registrar of Marriages to issue his
certificate .......................30
8....................Special licence 150
9.Marriage at the office of the Registrar of
Marriages........................... 1 10
Originally 14 of 1875. Fraser 7 of 1875. 3 of 1893. 5 of 1916. 15 of 1947. 22 of 1950. Short title. Interpretation. Registrar of Marriages and deputy registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage. First Schedule. Form 1. Filling and exhibition of notice and entry in marriage notice book. Supply of forms. Issue of certificate. First Schedule. Form 2. Grant of licence. First Schedule. Form 3. Notice void unless marriage within 3 months. Grant of special licence in case of emergency. First Schedule. Form 4. Affidavit before issue of certificate or grant of licence. No licence or certificate if either party under 16. Production of written consent. Consent by Registrar for parent or guardian. Right to forbid issue of certificate. Registrar may inquire into right to forbid. Appeal against decision of Registrar. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule. Form 5. Marriage before Registrar. First Schedule. Form 6. [s. 22 cont.] Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., minor without consent of proper person. 22 of 1950, s. 3. Offences by minister. [s. 31 cont.] 22 of 1950, schedule. 22 of 1950, s. 3. Penalty for failing to transmit certificate. 22 of 1950, schedule. Penalty for removing, etc., notice. 22 of 1950, schedule. Penalty on unauthorized person celebrating marriage. 22 of 1950, s. 3. Fines. Use of forms. First Schedule. Fees. Second Schedule. 15 of 1947, s. 2. Reduction or remission of fees. Applications of Ordinance. Cases in which marriage in articulo mortis may be celebrated, and conditions of its celebration. 3 of 1893, ss. 2, 3 and 4. First Schedule. Form 7. [s. 40 cont.] Offences. 22 of 1950, schedule. 22 of 1950, s. 3. 22 of 1950, schedule. Marriages under this Ordinance are Christian or equivalent thereto. Recognition of certificates issued in the United Kingdom. 5 of 1916, ss. 2 and 3. Giving of notice in this Colony in respect of marriage to be solemnized in the united Kingdom. [First Sch. Cont.] [First Sch. Cont.] (15 of 1947, s. 3.)

Abstract

Originally 14 of 1875. Fraser 7 of 1875. 3 of 1893. 5 of 1916. 15 of 1947. 22 of 1950. Short title. Interpretation. Registrar of Marriages and deputy registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage. First Schedule. Form 1. Filling and exhibition of notice and entry in marriage notice book. Supply of forms. Issue of certificate. First Schedule. Form 2. Grant of licence. First Schedule. Form 3. Notice void unless marriage within 3 months. Grant of special licence in case of emergency. First Schedule. Form 4. Affidavit before issue of certificate or grant of licence. No licence or certificate if either party under 16. Production of written consent. Consent by Registrar for parent or guardian. Right to forbid issue of certificate. Registrar may inquire into right to forbid. Appeal against decision of Registrar. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule. Form 5. Marriage before Registrar. First Schedule. Form 6. [s. 22 cont.] Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., minor without consent of proper person. 22 of 1950, s. 3. Offences by minister. [s. 31 cont.] 22 of 1950, schedule. 22 of 1950, s. 3. Penalty for failing to transmit certificate. 22 of 1950, schedule. Penalty for removing, etc., notice. 22 of 1950, schedule. Penalty on unauthorized person celebrating marriage. 22 of 1950, s. 3. Fines. Use of forms. First Schedule. Fees. Second Schedule. 15 of 1947, s. 2. Reduction or remission of fees. Applications of Ordinance. Cases in which marriage in articulo mortis may be celebrated, and conditions of its celebration. 3 of 1893, ss. 2, 3 and 4. First Schedule. Form 7. [s. 40 cont.] Offences. 22 of 1950, schedule. 22 of 1950, s. 3. 22 of 1950, schedule. Marriages under this Ordinance are Christian or equivalent thereto. Recognition of certificates issued in the United Kingdom. 5 of 1916, ss. 2 and 3. Giving of notice in this Colony in respect of marriage to be solemnized in the united Kingdom. [First Sch. Cont.] [First Sch. Cont.] (15 of 1947, s. 3.)

Identifier

https://oelawhk.lib.hku.hk/items/show/1994

Edition

1950

Volume

v4

Subsequent Cap No.

181

Number of Pages

17
]]>
Tue, 23 Aug 2011 15:48:05 +0800
<![CDATA[FOREIGN MARRIAGE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1993

Title

FOREIGN MARRIAGE ORDINANCE

Description






CHAPTER 180.

FOREIGN MARRIAGE.

To give effect to ait Order in Council of the 12th day of
illarch, ig,)3, relating to themarriages of British subjects
in foreign countries.

[17th July, 1903.]

WHEREAS His Majesty the King, by virtue of the authority
vested in him by the Foreign Marriage Act, 1892, and
with the advice of His Privy Council, has been pleased,
by an Order in Council ' dated the 12th day of March,
1903, to order that certain modifications of the require-
merits of the said Act as to residence and notice shall
have effect in cases where one only of the parties has
dwelt within the district of the marriage officer
mentioned in the said Act and the other of such parties
lias dwelt in a Colony, provided that the law of such
Colony shall give effect to such Order in Council:
AND WHEREAS it is expedient to give effect within thi~
Colony to such Order in Council:

1. This Ordinance may be cited as the Foreign
Marriage Ordinance.

2. Notice of a marriage intended to be solemnized
under the Foreign Marriage Act, 1892, may be given in
writing signed by the party giving such notice to the
Registrar of Marriages by one of the parties intending such
marriage who has had his or her usual place of abode in
the Colony for one week immediately preceding such notice.

3. Before the issue of such certificate or licence as
hereinafter mentioned, the said party shall appear per-
sonally before the Registrar of Marriages, and shall make
affidavit, which the Registrar is hereby authorized to take,
that he or she believes there is not any impediment or
objection which should obstruct the solemnization of the
marriage.

4. The Registrar shall file every such notice as afore-
said in his office, and shall, unless such notice has been





published by proclamation of banns, exhibit one copy
thereof at his office, and may if he thinks fit exhibit copies
in other conspicuous places open to the public, and shall
enter a copy of the said notice with the date of such entry
in the marriage notice book kept under the Marriage
Ordinance, and shall allow any person to inspect such book
during office hours without fee.

5. At any time not less than fifteen days (except when
the Governor shall grant a licence as hereinafter provided)
after the giving of such notice, the Registrar unless he is
aware of any impediment or objection -which should obstruct
tile solemnization of the marriage, shall, on payment by
the party giving such notice of a fee of one dollar, give to
such party a certificate that the said notice has been given
and published as aforesaid.

6. At any time after the giving of such notice the
Governor, unless he is aware of any impediment or objec-
tion which should obstruct the solemnization of the
marriage, may grant a licence authori7ing the Registrar of
Marriages to issue. his certificate on or after any day named
in such licence. The fee for such licence shall be thirty
dollars.
Originally 6 of 1903. Fraser 6 of 1903. 16 of 1947. (55 & 56 Vict, c. 23, s. 21). Short title. Notice of intended marriage. Affidavit before issue of certificate or licence. Notice to be filed, etc., by Registrar of Marriages. (Cap. 181.) Certificate by Registrar of Marriages. Governor's licence. 16 of 1947, s. 2.

Abstract

Originally 6 of 1903. Fraser 6 of 1903. 16 of 1947. (55 & 56 Vict, c. 23, s. 21). Short title. Notice of intended marriage. Affidavit before issue of certificate or licence. Notice to be filed, etc., by Registrar of Marriages. (Cap. 181.) Certificate by Registrar of Marriages. Governor's licence. 16 of 1947, s. 2.

Identifier

https://oelawhk.lib.hku.hk/items/show/1993

Edition

1950

Volume

v4

Subsequent Cap No.

180

Number of Pages

2
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<![CDATA[HONG KONG DIVORCE RULES]]> https://oelawhk.lib.hku.hk/items/show/1992

Title

HONG KONG DIVORCE RULES

Description






DIVORCE.

HONG KONG DIVORCE RULES.

(Cap. 179, section 48).
(Ordinance No. 35 of 1932).

[1st November, 1933.]

Petition. Nolice to Appewr.

1 . Proceedings tinder the Divorce Ordinance shall be
commenced by filing a petition.

(i) In the body of the petition shall be stated-
(a)the place and date of the marriage and the name and
status of the wife before marriage ;
(1))the principal permanent addresses where the parties
have cohabited within the jurisdiction ;
(c)whether there is living issue of the marriage, and if
so, the names, and dates of birth or ages, of such
issue;
(d)the occupation of the husband and the place or
places of residence and of domicile of the parties to
the marriage at the date of the institution of the
suit ;
(e)wh ether there have been in any court within or
without the Colony any, and if so what, previous
proceedings with reference to the marriage by or on
behalf of either of the parties to the marriage, and
the result of such proceedings;
the matrimonial offences charged, if any, set out
in separate paragraphs;
(g) the claim for damages, if any.

(2) The petition shall conclude with a prayer settiner
out particulars of the relief claimed, including the amount of
any clairn for darnages and any order for the custody of
children which is sought, and shall (save as is otherwise
provided by these rules) be signed by the petitioner.

2. The petition and every copy to be served sliall be
endorsed in conspicuous characters with a notice to appear
in Form 1 in the First Schedule.





3. (1) Every petition shall be accompanied by an
affidavit niade by the petitioner, or by such other persons as
is in these rules provided, verifying the facts of which lie
or she has personal cognizance, and deposing as to belief
in the truth of the other facts alleged in the petition, and
such affidavit sliall be filed with the petition. A petition
for restitution of conjugal rights shall further show that
a written demand for cohabitation and restitution of con-
jugal rights has been made by the petitioner upon the party
to be served, and that, after a reasonable opportunity for
compliance therewith, such cohabitation and restitution of
conjugal.riglits ha-ve been withheld.
(2) In cases where the petitioner is seeking a decree of
dissolution of niarriage or of nullity of ol-, of
judicial separation, the affidavit of the petitioner or of such
other person as is in these rules provided, filed with the
petition, sliall further state that no collusion or connivance
exists between the petitioner and tile other party to the
marriage or alleged marriage.

4. In every petition for dissolution of marriage on the
ground of adultery the alleged adulterers, if male, shall be
made co-respondents in the cause and served with a scaled
,copy of the petition, unless a judge shall otherwise so direct
by order on surni-nons supported by affidavits.

5. The term 'respondent' in these rules shall include
'i co 1
So f.[,- as tile Saille is applicable'.

ServIiCe.

6.A petitioner who has liled a petition shall forth
,,\,ith obtain in the Registry a sealed copy of the petition,
endorsed with notice to for Service upon Cach
respondent.

7. A petition shall be served personally by delivers,
of such seah-d copy as aforesaid. It niny riot be scived
by the petiiioiiei-.

8. Sei-vice of any document on a party who has not
entered an appearance must be personal service unless other-
wise ordered.





9. Where personal service cannot be effected, leave to
substitute some other mode of service may be granted upon
an application to a judge supported by, affidavit of the person
having conduct of the proceedings.

10. AnY petition or decrec may be served (1,
\villiout Ole. Colony.

11. After service lias been (_-ol)v ()1' Ille
as served with a certificate of serv*ce endorsed thereon shall
be returned into and filed in the Registr ' v. Such certificate
shall be in Form 2 in the First Schedule.

12. When it is ordered that notice to appear to a
petition shall be advertised, the form of advertisement shall
be settled by the Registrar and the newspapers containing
the advertisements shall be filed with a sealed copy of the
petition.

13. A petitioner cannot proceed to trial unless in
.1ppearance has been entered by or on behalf of the
respondents or it has been shown by affidavit filed in the
Registry that they have been duly served with the petition
and by certificate of the Registrar filed in the Registry that
they have not appeared.

14. An affidavit of service of a petition shall bc sub-
stantially in Form 3 in the First Schedule and in addition
shall show the means of knowledge of the deponent as to
the identity of the person served. A col) ' v of the PetAtiOn
referred to in the affidavit rnust be annexed thereto and
marked by the person before whom the same is sworn.

Appearance.

15. All appearances are to be entered in the Registry
in a book provided for that purpose, and shall be accom-
panied by an address for service within three miles of the
Registry of the Supreme Court at the Courts of justice,
Victoria. Notice of such appearance must be given to the
opposite party.





16. (1) An appearance may be entered at any tinie.
before a proceeding has been taken in default, or aft~rwards
by leave of a 'udo-c obtained on sunii-nons.
J S

(2) The appearance may be under protest Or
to an), proceeding in the cause in respect of which the party
shall have received notice to appear : Provided fli,,~t <nily
appearance under protest shall state concisely the jounds
of protest, and provided further that tile part), entering an
appearance under protest shall within fourteen days proceed
by summons to obtain directions as. to the determination of
.ny question arising by reason of such appearance and in
default of so proceeding shall be deerned to have entered an
unconditional appearance. Directions to be given upon
such summons as aforesaid may provide for the trial of a
preliminary issue with or without stay of proceedings in
the cause or for determination of the matters in question
at the hearing of the cause.

Interveners.

17. Where a husband is charged with adultery with a
named person, a sealed copy of the pleading containing such
char-
gc shall be delivered to the person with whom adultery
is alleged to have been committed, endorsed, in lieu of
notice to appear, with notice that stich person is rntitled
within eight days after delivery thereof to apply for leave to
intervene in the cause. Such delivery and notice may only
be dispensed with by order upon summons or cause shown.
Such notice shall be in Forn' 4 in the First Schedule.

18. Application for leave to intervene in any cause sliall
be made by summons supported by affidavit, and leave may
be given with such directions as to appearance and proce-
dure as a judge. sliall think fit.

19. Parties interveninol must join in the proceedings at
~t,
the stage at which they find them unless otherwise ordered
by a Judge.

Proceedings for Reslitution.

20. At any tirne after the commencement of proceedings
for restitution of coiij'tiga~ rights the respondent inay





apply to he coun by summons for an order to stay the
proceedings by reason Owt he or shte 1 Alling to r'ule or
to return to cohabitation with the, petitioner.

and

21. A respondent who has enured an app wnuwc nwy
within fourteen days thereafter file in the Registry an
answer to die petition in the appropriate foini.

22. (1) Every answer which contains matter other than
a simple denial ot' the facts stated in the 1)(~iiiioii sli~l!] i),,t
accompanied by an affdavit made by the reMxindent, verify-
ing such other matter so far as the depondent haspersonal
cognizance thereof and ~ting the cleponent's belief in the
truth of the rest of such other matter, and where the n,s-
ponde. 1 husband or wife of the petitionei. shall further
state, except wlicc the chki in question is for restilution
of conjugal righe dmt thwc is not any c&Wshn or con-
nivance between the parties; and sucli aRidavit shall be
filed with the answer.

(2) Where the answer of a husband aileges
and prays relief, the alleged adukerer must be served
personally with a sealed copy thereof bearing a notice c)
appear in like manner as a pKition. Whem On such a case
no relief is claimed, the alleged aduhemr shall not be made
a co-respondent but a sealed copy of the answer shall be
dllewd to hirn endowed with notice as under i-Li!u 17 that
such person is enthled within eight days to apWy for We
to intervene in the cmee and upon such application lie may
be allowed to Subject to SUCh directions as shall
hen be given.

23. Within fourteen clays from the filing and deliver - v
of the answer the petitioner may file, a reply thereto, cxcci-)C
where SUCh answer is a simple denial, and no subsequent
pleadings shall be delivered except by Mve of a Idge 0)
be obtained upon summons.

24. A copy of every answer and subsequent pleading
shall within four days after the same is filed be delivered to
the opposite parties or their solicitors.





25. A pleading may, be arnended by leave of a judge to
be obtained upon surnnions subject to any directions which
may then be given as to further ;ervice of the amended
pleading andas to any consequential amendments of pleading
already filed..

26. No pleading. sliall be aniended out of tinic without
leave nor shall any, pleading I-),- filed out of time after a seep
in default has been taken without leave of a judge to bc
obtained tipon sullinions.

27. Application for f ii rt Ii er particulars of matters
pleaded may be made to a judge by, summons, 6t ' before.
applying by summons, a party may apply, for them to the
other party by letter. 'File costs of such letter and of any
parliculars delivered pursuant thereto shall be allowable on
taxation ~nnd in dealing with the costs of anyll application for
particulars by summons the provisions of this rule shall be
taken into consideration.

All particulars, whether given under order ot. otherwise,
shall be filed by the party delivering thein together with a
verifying affidavit and within four days thereafter a copy
thereof sliall be delivered to the party who has applied for
such particulars or to the solicitor of such party.

Service of Pleadings, etc.

28. Notices and copies of pleadings and other insti-u-
Illents Milch are required b ' v, these rules to be delivered but of
which personal service is riot expressly required may be
delivered by leaving the same a ' t the respective addresses
furnished by or on behalf of the parties.

Every notice shall be in writing and endorsed by the
party or his solicitor.

29. When it is necessary to serve personally any order
or decree of the court an office copy thereof under seal of the
court niust be produced to the party served and a copy, so
sealed annexed to the affidavit of service and marked as an
exhibit by [lie person before whom the same is sworn.





Trial or Hearing.

30. Every petition under the Ordinance shall be licard
by a. single judge sitting without a jury,

31. After the expiration of the time limited for filing
an answer, or, if a reply be filed and subsequent pleadings
be allowed to be delivered, after the expiration of the tirne
limited for filing the last of such subsequent pleadings the
petitioner may apply to the court by summons for an order
that the cause be set down for trial or hearing.
If the petitioner fail to apply to the court for such order
within fourteen days of the time when he could first have
made such application, any party defending the suit may
proceed as the pelitioner might have done.
The party obtaining an order that a cause he set down
for trial or.hearing shall deliver a copy of such order to the
petitioner or to each party in the cause for whom an appear-
ance has been entered, as the case may be.

32. No cause shall be placed in the list for trial or hear-
ing until after the expiration of ten days from the date of
setting down save with the consent of all parties to the suit
or by order of a judge.

33. The Registrar shall draw and sign the decree of the
court and the sarrie shall be issued under the seal of the
court.

34. After entering an appearance a respondent in a
cause may without filing an answer be heard in respect of
any question as to costs and a respondent who is husband
or wife of the petitioner may be heard also as to custody
of or access to children.

Discoi.,e7y.

35. (1) In any cause or matter a party . may deliver
interrogatories for the examination of an opposite party or
parties by a leave of a judge. to be obtained upon summons.

(2) A copy of the interrogatories proposed to be
delivered shall be delivered with the summons.





(3) Interrogatories shall be answered within ten days
or such oilier time as may be appointed.

(4) A party may without affidavit apply for discovery of
documents by an opposite party or parties and such opposite
party or parties may be ordered to make such general or
limited discovery as in the discretion of the judge shall
seem fit.

Evidence Taken by Affidavit.

36. When a judge has directed that all or any of the
facts set forth in a pleading may be proved by affidavit, all
affidavits sworn in pursuance of such direction shall be filed
in the Registry and copies thereof delivered to the other
parties to the suit within such time as the judge shall direct.

37. Application for an order for the attendance of a
depondent for the purpose of being cross-exaniined whether
in open court or otherwise shall be made to a judge on
summons.

Examination of Witnesses before Trial or Hearing.

38. (1) Any necessary application for an order for
examination before the trial or hearing of one of the parties
or of a witness who is within the jurisdiction of the court
shall be made to a judge by summons.

(2) Such examination shall be vlvd voce, unless oilier-
wise directed, before a person to be nominated. by the judge.

(3) The oilier parties in the suit shall have four clear
days' notice of the time and place appointed for the examina-
tion unless the judge shall otherwise direct.

39. (1) Application for a commission or for letters of
request, or for the appointment of a special examiner to
examine a party or a witness, who is outside the jurisdiction
of the court, may be made to a judge by summons and the
procedure with regard thereto shall conform as nearly as
may be to the provisions of the Code of Civil Procedure for
the time being in force in like cases. A commission shall
be in Form 5 in the First Schedule.





(2) A wife may apply to a judge for an order as to
security for her costs of such examination at the hearing of
the summons or subsequently by summons.

Trial of Issues.

40. A judge may of his own motion or on application
by summons by the petitioner or by any party to a cause who
has entered -an appearance direct the separate trial of any
issue or issues of fact, or of any question as to the jurisdic-
tion of the court.

Proceedings in Chambers.

41. (1) All applications under these rules which are not
hereby directed to be made to the Registrar may be made
upon summons to a judge.

(2) On the day and at the hour narned in the summons
the party taking out the same shall attend at the court with
the original summons. If any party to the summons does
not appear on the day and at the hour named in the
summons the court may consider and deal with the applica-
tion in a summary way, and make such order as may be
just.

42. A summons may be taken but by. a party or at the
discretion of the Registrar by any other person having or
claiming the right to be heard in the cause or matter.

43. Any appeal from any order or decision of a
Registrar may be made to a Judge by summons issued within
five days of the order or decision complained of and return-
able on the first day on which summonses are heard after
this period has elapsed, but such appeal shall not act as
a stay unless so ordered by a judge.

Petition for Reversal of Decree of Judicial Separation.

44. A petition to the court for the reversal of a decree
of judicial separation must set out the grounds on which
the petitioner relies.

45. Before such a petition can be. filed an appearance
on behalf of the party praying for a reversal of the decree of





judicial separation must be entered in the cause in which
the decree has been pronounced, leave to enter such
appearance being first obtained upon summons.

46. A certified copy of such petition, tinder seal of the
court, shall be served personally, or as the court may direct,
upon the party in the cause in whose favour the decree has
been made, who may within fourteen days file in the Registry
,in answer thereto and shall forthwith deliver a copy of such
answer to the other party in the cause or to the solicitor of
such party.

47. All subsequent pleadings and proceedings arising
from such petition and answer shall be filed and carried on
in the same manner as before directed in respect of an original
petition and answer thereto so far as such directions are
applicable.

Showing Cause against a Decree Nisi.

4.8.(1) (a) When the Attorney General desires to show
cause against making absolute a decree nisi lie shall
enter an appearance in the cause in which such
decree nisi has been pronounced and shall within
fourteen days after entering appearance file his plea
in the Registry setting forth the grounds upon
which lie desires to show cause as aforesaid and
sliall within four days thereafter deliver a copy
thereof to the party in whose favour such decree
has been pronounced, or to the solicitor of such
party.
(b)Where such plea alleges a petitioner's . adultery with
any named woman the Attorney General shall
deliver to each sucli woman personally, or as the
court may direct, a copy of his . plea omitting such
part thereof as contains any allegation in which the
woman so served is not named, and such copy shall
be endorsed with the notice in Form 4 in the First
Schedule, so far as applicable ; such delivery and
notice may only be dispensed with by order of a
judge on summons for cause shown ; proof of such
delivery must, unless the court shall otherwise
direct, be by affidavit to which a copy of the plea,
as delivered, marked as an exhibit, must be annexed;





the 1 means of knowledge of the deponent as to the
identity of the person served inust be shown.
(c)All subsequent pleadings and proceedings in respect
of such plea shall be filed and carried on in the same
manner as is hereinbefore directed in respect of an
original petition except as hereinafter provided.

(2) If no answer to the plea of the Attorney General is
filed within twenty one days after the delivery of such plea,
or if an answer is filed and withdrawn or not proceeded with,
the Attorney General rnay apply forthwith by motion to
rescind the decree nisi and dismiss the petition.

(3) If the charges contained in the plea of the Attorney
General are not denied in the answer thereto, the party in
whose favour the decree nisi has been pronounced sliall within
fourteen days from the expiry of the time limited for filing
of a reply apply to the court by summons for an order that
the cause be set down for trial or hearing and shall forthwith
file and give to the Attorney General notice of his having so
done.

In dpfault of such application for setting down and notice
the Attorney General may apply forthwith by motion to
rescind the decree nisi and dismiss the petition.

49. Any person other than the Attorne ' v General wishing
to show cause against making absolute a decree nist shall
enter an appearance in the cause in which such decree nisi*
has been pronounced, and within four days thereafter file
affidavits setting fort ' Ii the facts upon Wili~li lie relies and
forthwith deliver copies thereof to the party or the solicitor
of the party in whose favour the decree nisi has been
pronounced.

50. The party in the cause in whose favour the decree
nisi has been pronounced may within fourteen days. after
delivery of the affidavits file affidavits in answer, and the
person showing cause against the decree nisi being niade
absolute may within fourteen days file affidavits in reply.

51. No affidavits are to be filed in rejoinder to the
affidavits in reply without leave of a judge.





52. The questions raised on such affidavits shall be
argued in such manner and at such time as a judge*may on
application upon summons direct.

Decree Absolute.

53. Application to make absolute a decree n.isi shall be
made to the court by filing in the Registry a notice in
writing, in Forin 6 in the First SchedUIC to these rules,
setting forth that application is made for such decree
absolute, which will thereupon be pronounced in open court
at a time appointed for that purpose. In support of such
application it must be shown by affidavit filed with the said
notice that search has been made in the proper books at the
Registr ' v up to within six days of the time appointed, and
that at such time no person had intervened or obtained leave
to intervene in the cause, and that no appearance has been
entered nor any alridavit filed on behalf of any person wish-
ing to show cause against the decree nisi being made
absolute; and in case leave to intervene had been obtained,
or appearance entered or affidavits filed on behalf of such
person, it must be sliewn by affidavit what proceedings, if
any, have been taken thereon.

If more than twelve calendar months has elapsed since
the date of the decree nisi an affidavit by the petitioner
giving reasons for the delay must be filed.

Alimony periding suit, Permanent Alimony, Maintevance
and Periodical Payments, Variation of Settlements
and Settlement of Wife's Properly.

54. A. wife who is petitioner in a cause after filing her
petition may file and after serving the same may serve a
petition for alimony pending suit, and a wife after entering
appearance to a petition may file and serve a petition for
alimony pending suit.

55. The husband shall within fourteen days after service
of a petition for alimony file his answer thereto upon oath
setting out his property and income an ' cl, if respondent, shall
before so doing enter an appearance in the cause. Such
appearance may be limited to the alimony proceedings.





56. The wife, if the husband's answer is insufficient,
may apply on summons for a further and better answer or
for discovery of documents or for an order for the husband's
attendance for cross-exam i nation, and such order shall there-
upon be made as in the circumstances of the case may
appear to a judge to be required.

57. If the answer of the husband alleges that the wife
has property or income, she rnay within fourteen days file a
reply on oath to that allegation ; but the husband rnay not
file a rejoinder to such reply without leave of a judge.

58. A wife who has obtained a decree of judicial
separation may apply for an allotment of permanent
alimony. She may proceed with such ij:)ptic,-ition upon the
pleadings already filed on her application for alimony pend-
ing suit on giving eight days' notice te) her husband or his
solicitor of her intention so to do. Otherwise the niles
governing an application for alimony pending suit shall
govern an application for permanent alimolly.

59. Permanent alimony shall, unless otherwise ordered,
commence from the date of the -final decree for judicial
separation.

60. (1) Application for maintenance or periodical pay-
merits on a decree for dissolution or nullity of marriage shall
be made in a separate petition which may be filed at any
time after decree nisi but not later than one calendar month
after decree absolute except by leave to be applied for by
summons to a judge.

(2) Application for periodical payments may be made
in like manner at any, time after non-compliance with a
decree of restitution of conjugal rights.

61. A certified copy of such petition under the seal of
the court shall be served on the husband or wife (as the case
may be) or his or ber solicitor upon the record.

62. A party served with such petition may within four-
teen days after service, after entering an appearance thereto,
file an answer on oath and shall forthwith deliver a copy
of such answer. to the opposite party or his solicitor.





63. If the answer of the husband alleges that the wife
has property of her own, she may within fourteen days file
a 1 reply on oath to that allegation ; but the husband may
riot file a rejoinder to such reply without leave of a judge.

64. A wife may at any time after alimony has been
allotted to her, wlietl'her alimony pending suit or permanent
alimony, file her petition supported by affidavit for an in-
crease of the alimony allotted, by reason of the increased
means of the husband or the reduction of her own means,
or the husband may file a petition supported by affidavit
for a reduction of the alimony allotted, bv reason of his
reduced means or the wife's increased means, and the
course of proceeding in' such cases shall be the same as
required by lhese rules in respect of the original petition
for alimony and the allotment thereof.

65. 'File provisions of the preceeding rule shall be
observed in cases of application for increase or reduction
of payments for maintenance and of periodical payments.

66. Application to vary marriage settlements shall be
made by petition filed after but within one calendar month
of decree absolute unless such time is extended by a
judge on summons personally served on the husband or
wife as the ease may be, the trustees of the settlements,
and such other persons as the Registrar shall direct. Sub-
seqUent. pleadings shall be as in proceedings for mainten-
ance. Appearance must be entered in the principal cause
before an answer is filed.

67. Application for a settlement of property of a wife
by virtue of section 31 of the Divorce Ordinance, shall be
made and proceeded with in the manner prescribed in the
preceding rule.

68. (1) The court may, in its discretion, refer to the
Registrar the investigation of the averments in any
petition, answer, reply or other pleading 'in relation to
ail application for alimony, whether.alimony pending suit
or permanent alimony, maintenance or periodical payments,
variation of settlements or settlement of a wife's property.





(2) Such investigation shall be conducted in the
presence of the parties or their solicitors, and the
Registrar shall be at liberty to require the attendance of
either party for the purpose of being examined or cross-
examined and to take the oral evidence of witnesses, and
to require the production of any document, and to call for
affidavits.

(3) The Registrar may adjourn the proceedings from
tinie to time and from place to place, if he thinks necessary.

(4) Counsel may attend at the hearing of any refer-
ence, but the costs so incurred shall not be allowed on
taxation unless the Registrar certifies that the attendance of
counsel was necessary.

(5) The Registrar may apply summarily to the court
for directions or for the decision of any question of doubt
or difficulty and (lie court may give such direction or niake
such order in the matter as may seem just and reasonable.

(6) When a reference. has been completed, the
Registrar shall draw up a report in writing of the result
and may in such report rnake such recommendation as lie
may think fit.

(7) When the report is ready it shall be.filed by the
Registrar who shall give notice of such filing to the parties
and the petitioner shall forthwith pay the prescribed fee
therefor.

(8) Within fourteen days after SLICII filing any party
may file a notice of motion to vary the report specifying
the items or matter objected to and at the hearing of the
motion the court may remit the matter to the Registrar for
further investigation or report or may make such order,
including a final decree in the,matter of the application, as
may seem fit.

(9) 1 f n ' o notice of motion to vary the report is filed
within fourteen days from the filing of the report, Ifie court
may of its own motion forthwith proceed to consider the
report and may make a final decree in the matter of the
application.

69. Pending the finail determination of an application
for alimony, whether alimony pending suit or permanent





alimony, or for maintenance or periodical payments an in-
terim order may be made upon such terms as shall appear
to a judge to be just and without prejudice to the effect
of the order to be ultimately made.

Custody and Illaintenance of Citildrcii, and Access.

70. (1) When custody of children is claimed in any
petition the father, mother, or guardian, or any person who
has intervened in the suit for the Pui-pose of applying to
be appointed guardian of such children, or who has the
custody or control of such children under an order of the
court, may apply at any time either before or after final
decree to a jitel-e oil summons for any order relating to
the custody maintenance or education of such children or
for directions that pro - per proceedings be taken for placing
such children under the protection of the court.

(2) When custody of children is claimed in any peti-
tion, and a petition for alimony pending suit, permanent
alimony periodical payments, maintenance, settlement or
variation of settlement has been filed and is pending in such
suit, applications for maintenance for children may be made
from time to time to a judge.

(3) Applications as to access to children may be made
to a judge oil summons.

Guardians ad litem.

71. (1) A minor who has attained the age of seven
years may elect a guardian ad litein for the purpose of any
proceeding on his or her behalf.

(2) A guardian for an infant tinder the age of seven
years rilay be assigned by a judge tipon In aplAication
supported by affidavits.

(3) The Clection, tile consent of the guardian to act,
and un affidavit showing fitness and no contrary interest,
must be filed in the Registry before an elected guardian
can be permitted to file a petition or enter an appearance
on behalf of the minor.

(4) 'I'lle petition of a minor shall be signed by such
minor and his guardian, but the affidavit in verification of
such petition shall be made by the minor alone.





72. (1) A committee or other person duly appointed
for a person of unsound mind may prosecute, defend, or
intervene in a suit on behalf of such person or otherwise
represent him; but if there be no such committee or other
person duly appointed application shall be made on
affidavit to the Registrar, who, will assign a guardian to the
person of unsound mind. If the opposite party is already
before the court, the application shall be made to a judge
upon summons.

(2) Where the petitioner is a person of unsound
mind, the committee or other person duly appointed or the
guardian assigned by the court alone shall sign the
petition and make the affidavit in verification thereof.

Attachment and Committal.

73. Application for attachment. or committal shall be
made to a judge by i-notion.

74. Any person attached or committed rnay apply for
his or her discharge by motion.

Enforcement of Orders.
75. (1) In default of payment to any person of any
sum of money at the time appointed by any order of the
court for the payment thereof, payment may be enforced
in manner prescribed for the enforcement of judgments by
the Code of Civil Procedure for- the time being in force.

(2) -A decree or order requiring a person to do an act
thereby ordered shall state the time within which the act
is to be done, and the copy to be served upon the person
required to obey the same shall be endorsed with a
memorandum in the words or to the effect following If
you. the within named (AB) neglect to obey this order by
the time therein llinited, you will be liable to process of
execution for the purpose of compelling you to obey the
same. '
1 Office Copies, Extracts, etc.

76. The Registrar of the Supreme Court shall have
the custody, subject to direction by the Chief justice, of
all pleadings-and other documents brought in or filed and
of orders and decrees made in any matter or suit.





77. Copies or extracts of documents originals of which
ure retained in the Registry will, if required, be examined
with the originals from which the same are copied. Every
copy so required to be examined shall he certified under
the hand of the Registrar to be an examined copy, and the
seal of the court will not be affixed to any copy which is
not so certified.

Times fixed by these r,ttles.

78. (1) The time fixed by these rules for the perf ' orm-
ance of any act may be varied by order of a judge subject
to such qualifications and restrictions and on such terms
as upon the application for variation may be deemed fit.

(2) Where, by these rules, or by any special order, or
by the course of the court, any limited time from or after
any date or event is appointed or allowed for the doing
of any act or the taking of any proceedings, the computa-
tion of such limited time shall not include the day of such
date or of the happening of such event, but shall commence
ut the beginning of the next following day, and the act
or proceeding triust be done or taken at latest on the last
day of such limited time, according to such computation.

(,3). Where the limited time so appointed or allowed
is less than six days, general holidays, as defined by the
Holidays Ordinance shall not be reckoned in the computa-
tion of such time.

(4) Sections 24 to 26 of the Supreme Court Ordinance
shall not apply to any such limited time as in this rule
mentioned.

A
1 Iotio'ns.

79. When it is necessary to give notice of any motion
to be made to the court, such notice shall be served on all
parties who may be affected by the proposed order and
who shall have entered an appearance four clear days pre-
viously to the hearing of such motion, and a copy of the
notice so served shall be filed in the Registry, and the
affidavits to be used in support of the motion and original
documents referred to therein or intended to be used at the
hearing of the motion shall at the same time be left in the





Registry. Copies of such affidavits or documents shall be
delivered upon request to the parties who are entitled to be
heard. upon the motion.

Taxing Bills of Costs.

80. All bills of costs referre d to the Registrar for taxa-
tion shall be taxed in like manner as bills of costs in 1he
Oi-i~iii,tl jurisdiction of the Supreme Court are for the tirlle
being taxed.

81. In Divorce and 'klatrimonial Causes solicitors shall
be entitled to charge and be allowed the same fees as are
provided for similar matters or proceedings in the Original
jurisdiction of the Supreme Court.

82. The provisions of ruIC 2 of the Costs (Increase)
Rules shall be applied on taxation of costs in Divorce and
Matrimonial Causes so long as such rule shall remain in
force.

.83. The fees payable on the taxation of any bill of costs
shall be paid by the party on whose application the bill is
taxed and shall be allowed as part of such bill. If more
than one-sixth of the amount of any bill of costs taxed as
between solicitor and client is disallowed on taxation there-
of, no costs incurred in such taxation shall be allowed and
the party on whose application the bill is taxed shall be at
liberty to deduct the costs incurred,by him in the taxation
from the amount of the bill as taxed, if so much remains
due; otherwise the same shall be paid by the solicitor to the
person on whose application the bill is taxed.

84. Upon the Registrar's certificate as to costs being
signed an order of the court for payment of the amount
within seven days, or such other time as the Registrar shall
direct, may issue.

Wife's Costs.

85. After the expiration of the time limited for filing an
answer, or, if a reply be filed and subsequent pleadings
be allowed to be delivered, after the expiration of the time





limited for filing the last of such subsequent pleadings, or
at an earlier stage of a cause by order of a judge to be
obtained on summons, a wife who is petitioner or has filed
an answer may file her bill or bills of costs for taxation as
against her husband, and the Registrar shall ascertain what
is a sufficient sum of money to be paid into court or what is
a sufficient security.to be given by the husband to cover the
costs of the wife of and incidental to the bearing of the
cause and shall report accordingly to the court. A judge
may thereupon, unless satisfied that the wife has stifficient
separate estate or unless other good cause be shown, order
the husband to pay the wife's costs up to the setting down
of the cause, and to pay into court or secure the costs of
the hearing within a time to be stated in such order.

86. The bond taken to secure the costs of a wife of and
incidental to the hearing of a cause shall be fil * ed in the
Registry, and shall riot be delivered out or be sued upon
without the order of a judge.

87. The order for payment of costs in which a respon-
dent or co-respondent has been condemned by a decree
nisi, if drawn up before the decree nisi is rriade absolute,
shall direct payment into Court, and such costs shall not
be paid out of court to the party entitled to receive them
under the decree nisi until the decree absolute has been
obtained; but a wife who is unsuccessful in a cause, and
who at the hearing of tfle cause has obtained an order of
the judge for costs, may nevertheless proceed at once to
obtain payment of such costs after allowance thereof on
taxation.

Code of Ci.,)iI Procedure.

88. In any matter of practice or procedure which is riot
governed by Ordinance or dealt with by these rules the
Code of Civil Procedure for the time being in force in
respect of like matters shall be deemed to apply.

Forins.

89. The forms in the First Schedule shall be used with
such variations as the circumstances of each case may re-
quire.





Fees.

90. The fees respectively specified in the Second
Schedule shall be payable in all proceedings taken tinder
the Ordinance and where no fee is provided in that
Schedule the same fee shall be payable as is provided for
a similar procceding.in the Original jurisdiction.
The said fees shall be payable by rneans of adliesive
stamps.
For the purposes of this rule a folio shall'be deemed to
consist Of 72 words, each figure being counted as a word.

91. These rules may be cited is, the flong Kong
Divorce Rules.

FIRST SCHEDULE.

FORMS.

FORM 1. [rules 2 & 22 (2).]

Notice to Appear.
IN THE SUPREME COURT OF HONG KONG.
Divorce.

19 No.

To of

TAKE NOTICE that you are required, within eight days (1)
after service hereof upon you, exclusive of the day of such service,
to enter an appearance either in person or by your solicitor at the
Registry of the Supreme Court, at the Courts of Justice, Victoria,
in the Colony of Hong Kong, should you think fit so to do, and there-
after to make answer to the charges in this petition, (2) and that,
in default of your so doing, the court will proceed to hear the said
charges proved and pronounce judgment, your absence notwith-
standing. . .

The petition (3) is filed and this notice to appear is issued by (4)

of

Dated at Hong Kong the day of 19
Note:Any person entering an appearance must state his name
and address, and an address within the Colony, to be called
an address for service, not more than three miles from the
Registry.





FORm 2. [rule 11.]

Certificate of Service.
THIS PETITION was duly served by the undersign G.H. on the
within named C.B. of
at on the day
of 19

.(Signed) G.H.

FORM 3. [rule 14.1

Affidavit of Service.
IN THE SUPREME COURT OF HONG KONG.

Divorce. Between A.B. Petitioner
and
19 No. 1 C.B. Respondent
X.Y. Co-Respondent.

I, C.D. of etc. make oath and say, that the petition hearing
date the day of ' 19 filed in this
court against C.B. the respondent (or XY. the co-resi)ondent), a
copy of which is hereunto annexed and marked with the letter A was
duly served by me on the said C.B. (or X.Y.) at
on the day of 19
by delivering to the said C.B. (or X.Y.) personally a sealed copy
thereof.

(Means of knowledge of identity to be inserted here).

Sworn at etc. on the day
of '19 . }

Before me

A Commissioner for Oaths or as the case may be.

FORm 4.[rules 17, 22 (2)
& 48 (1) (b).]

Notice of Right to Apply for leave to Appear.
IN THE SUPREME COURT OF HONG KONG.

Divorce.

To of

TAKE NOTICE that you are entitled within eight days (1) after
delivery hereof to you, exclusive of the day of such delivery to apply
upon summons for leave to enter an appearance either in person or
by your solicitor at the Registry of the Supreme Court, at the Courts





of Justice, Victoria, in the Colony of Hong Kong, for leave to inter-
vene in this cause, should you think fit so to do, and thereafter to
make answer to the charges in this petition, (2) and that, in default
of your so doing, the court will proceed to hear the said charges
proved and pronounce judgment, your absence notwithstanding.

Th e petition (3) is filed and this notice is issued by (4)

Dated at Hong Kong the day of 19
Note:Any person entering an appearance must state his name
and address, and an address within the Colony, to be called
an address for service, not more than three miles from the
Registry.

FORm 5. ~ [rule 39.]

Commission for Examination of Witnesses.
IN THE SUPREME COURT OF HONG KONG.
Divorce.

19 No.

GEORGE VI., by the grace of God, of Great Britain, Ireland and
the British Dominions beyond the Seas, King, Defender of the Faith,
to (here set forth the, name and proper description of the Commis-
sioner), Greeting.
WHEREAs a certain cause is now depending in the Supreme Court
of Hong Kong between A.B. petitioner, and C.B. respondent, and
X.Y. co-respondent, wherein the said A.B. has filed his Petition
praying for a dissolution of his marriage with the said C.B. (or
otherwise as in the prayer of the petition). AND WHEREAs by an
order made in the said cause on theday of
19 on the application of the said A.B. it was ordered that a
commission should issue under the Seal of Our said court for the
examination of (here insert name and address of the persons to be
examined) as witnesses to be produced on the part of the said A.B.
the petitioner, in support of his petition (saving all just exceptions).
Now know ye that We do by virtue of this commission to you
directed, authorize you within thirty days after the receipt of this
commission at a certain time and place to be by you appointed for
that purpose with power of adjournment to such other time and
place as to you shall seem convenient to cause the said witnesses
to come before you and to administer to the said witnesses respec-
tively an oath truly to answer such questions as shall be put to
them touching the matters set forth in the said Petition (a true and
authentic copy whereof sealed with the seal of Our said court is
hereunto annexed), and such oath being administered We do hereby
authorize and empower you to take the examination of the said
witnesses touching the matters set forth in the said Petition, and
to reduce the said examination or cause the same to be reduced
into writing. And that for the purpose aforesaid you do assume
for yourself some notary public or other lawful scribe as and for
your actuary in that behalf if to you it should seem meet and
convenient so to do. And the said examination being so taken and
reduced into writing as aforesaid, and subscribed by you We do





require you forthwith to transmit the said examination, closely sealed
up, to the Registry of Our said court at the Courts of Justice,
Victoria, in the Colony of Hong Kong, together with these presents.
And We do hereby give you full power and authority to do all such
acts, matters and things as may be necessary, lawful and expedient
for the due execution of this Our commission.
Dated at Hong Kong the day of in the
year of our Lord one thousand nine hundred and and in the
year of Our Reign.
(Signed)
Registrar.

FORM 6. [rule 53.]

Notice of Application for Decree Absolute.
IN THE SUPREME COURT OF HONG KONG.
Divorce. Between A.B. Petitioner
and
19 No. } C.B. Respondent
X.Y. Co-Respondent.
NOTICE is HEREBY GIVEN of application on behelf of petitioner
that the decree nisi for the dissolution of the marriage of the
petitioner and respondent pronounced in this cause on the
(lay of ' 19 , be made absolute, the usual
affidavit in support of the application having been filed the
day of 19 . .

J.G., Solicitor for the petitioner.

SECOND SCHEDULE.
FEES.
Amendment of.........any document $ 2.00
Answer, reply or other pleading, filing 2.00
Appearance, entering, each person (to be paid on praecipe) 2.00
Appointment before Registrar on reference, for each hour or
part thereof .......................10.00
Decree nisi or decree absolute. settling and entering 6.00
Letters of request, settling and issuing 15.00
Medical inspection; filing minute of identification and for
oath ...............................6.00
Minute of Registrar (on filing bond, commission, deposition,
report of medical inspection or any other document) 4.00
Petition for alimony pending suit, permanent alimony, main-
tenance or periodical payments, variation of settlement,
settlement of wife's property or increase or reduction of
alimony. maintenance or periodical payments 2.50
Petition not hereinbefore referred to 10.00
Order of reference to Registrar, including application for
appointment .....................1 5.00
Report of Registrar on petition for alimony, pending suit 10.00
Report of Registrar not hereinbefore referred to 15.00
G.N. 678/33. G.N. 234/35. (Cap. 179.) G.N. 234/35. [r. 20 cont.] (Cap. 4, rules). [r. 39 cont.] [r. 48 cont.] (Cap. 179.) [r. 68 cont.] (Cap. 4, rules). (Cap. 149.) (Cap. 4.) [r. 79 cont.] (Cap. 4, rules). (Cap. 4, rules). (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor. (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor.

Abstract

G.N. 678/33. G.N. 234/35. (Cap. 179.) G.N. 234/35. [r. 20 cont.] (Cap. 4, rules). [r. 39 cont.] [r. 48 cont.] (Cap. 179.) [r. 68 cont.] (Cap. 4, rules). (Cap. 149.) (Cap. 4.) [r. 79 cont.] (Cap. 4, rules). (Cap. 4, rules). (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor. (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor.

Identifier

https://oelawhk.lib.hku.hk/items/show/1992

Edition

1950

Volume

V10

Subsequent Cap No.

179

Number of Pages

24
]]>
Tue, 23 Aug 2011 15:48:03 +0800
<![CDATA[DIVORCE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1991

Title

DIVORCE ORDINANCE

Description






CHAPTER 179.

THE DIVORCE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page

1. Short title ............................. ... ... ... 369
2. Interpretation ............................. ... ... ... ... 369
3. Principles to be applied ................... ... ... ... ... 369
4. Extent of power to grant relief ............ ... ... ... ... 369
5. Grounds for divorce ........... ... ... ... 370
6. Adulterer to be made a co-respondent . ... ... ... ... ... 370
7. Scope of inquiry by court. Collusion or condonation ... 370
8. Dismissal of petition .. . ............ ... ... ... ... 371

9. When petition shall be granted .......... ... ... ... ... 371

10. Condonation of adultery ................... ... ... ... ... 371
11. Grant of relief to respondent, if petition opposed ... ... 371
12. Petition for nullity of marriage .......... ... ... ... ... 372
13. Grounds of decree ...................... ... ... ... ... 372
14.' Decree of nullity ..................... ... ... ... ... 372

15. Children of annulled marriage .......... ... ... ... 372
16. When decree nisi to be made absolute ... ... ... ... 373
17. Grounds for judicial separation ........... ... ... ... ... 373
18. Property of wife after judicial separation ... ... 374
19. Decree of judicial separation in absence of husband may be
reversed ............................... ... ... ... ... 374
20. Petition for restitution of conjugal rights ... ... ... ... 375
21. Answer to petition ..................... ... ... ... ... ... 375
22. Periodical payments in lieu of attachment ... ... ... ... 375
23. Settlement of wife's property .......... ... ... ... ... 375
24. Power to vary orders ................... ... ... ... ... 376
25. Non-compliance with decree deemed to be desertion ... ... 376
26. Husband may claim damages from adulterer ... ... ... 376
27. Costs against co-respondent ............ ... ... ... ... ... 376
28. Alimony pendente lite ................. ... ... ... ... ... 377

29. Permanent alimony ...................... ... ... ... ... ... 377
30. Court may direct payment to wife or her trustee ... ... 378





Section Page
31. Settlement of the wife's property ...... ... ... ... ... 378
32. Inquiry into settlements ............... ... ... ... ... ... 378
33. Powers of the court as to settlements ... ... ... ... ... 379
34. Custody of children..................... ... ... ... ... 379
35. Procedure ...................... ....... ... ... ... ... ... 379
36. Forms in schedule ...................... ... ... ... ... ... 379
37..............Contents of petition ....... ... ... ... ... ... ... ... ... 379
38..............Service of petition ........ ... ... ... ... ... ... ... ... 380
39.........Evidence ........................ ... ... ... ... ... ... 380

40..............Sittings in caincra ........ ... ... ... ... ... ... ... ... 380
41...........Adjournment ................... ... ... ... ... ... ... 380
42. Enforcement of orders. Appeals ......... ... ... ... ... ... 380
43. Appeal to His Majesty in Council .... ... ... ... ... ... 381
44. Liberty to parties to re-marry ......... ... ... ... ... ... 381
45. Power to allow intervention on terms ... ... ... ... ... 381
46. Restriction on repcrting matrimonial proceedings ... ... 381
47. Abolition of suits for criminal conversation ... ... ... 382
48. Power to make rules .................... ... ... ... 382

SCHEDULE.
(Forms)





CHAPTER 179.

DIVORCE.

To confer on the Supreme Court jurisdiction in divorce and
matrimonial causes.
[1st November, 1933.]

1. This Ordinance may be cited as the Divorce
Ordinance.

2. In this Ordinance-
'Christian marriage or its civil equivalent' and 'the
civil equivalent of a Christian marriage' imply a
formal ceremony recognized by the law of the place
where the union was contracted as involving the
voluntary union for life of one man and one woman
to the exclusion of all others;
(court' means the Supreme Court or a judge thereof;
'desertion' implies an abandonment against the wish of
the person charging it;
'minor children' means unmarried children who in the
opinion of the court have not attained the age of
twenty-one years.

3. Subject to the provisions contained in this Ordin-
ance, the court shall in all suits and proceedings hereunder
act and give relief on principles which in the opinion of the
court are, as nearly as may be, conformable to the principles
on which the High Court of justice in England for the time
being acts and gives relief in matrimonial proceedings.

4. (1) Nothing herein shall authorize the court to
make any decree of dissolution of marriage except-
(a) where the marriage was either a Christian marriage
or the civil equivalent of a Christian marriage; and
(b) where the domicile of the parties to the marriage at
the time when the petition was presented was in the
Colony.

(2) Nothing herein shall authorize the court to make any
decree of nullity of marriage except Where the marriage to
which the decree relates purported to have been celebrated
in the Colony and to have been a Christian marriage or its
civi equivalent.





(3) Nothing herein shall authorize the court to make any
decree of judicial separation or of restitution of conjugal
rights except where the marriage was a Christian marriage
or its civil equivalent and where both the parties to the
marriage had their usual place of residence in the Colony at
the time of the commencement of proceedings.

Dissolution of Marriage.

5. (1) A husband may present a petition to the court
praying that his marriage may be dissolved on the ground
that his wife has since the solemnization thereof been guilty
of adultery.

(2) A wife may present a petition to the court praying
that her marriage may be dissolved on the ground that since
the solemnization thereof her husband has been guilty of-
(a) adultery; or
(b) rape, sodomy or bestiality.

(3) Every such petition shall state, as distinctly as the
nature of the case permits, the facts on which the claim to
have such marriage dissolved is founded.

6. (1) Upon any such petition presented by a husband,
the petitioner shall make the alleged adulterer a co-respondent
to the said petition, unless he is excused from doing so on
one of the following grounds, to be allowed by the court-
(a)that the respondent is leading the life of a prostitute
and that the petitioner knows of no person with
whom the adultery has been committed;
(b) that the name of the alleged adulterer is unknown
to the petitioner, although he has made due efforts
to discover it;
(c) that the alleged adulterer is dead.

(2) Upon any such petition presented by a wife the
court, if it sees fit, may order the person with whom the
husband is alleged to have committed adultery to be made
a respondent.

7. Upon any such petition for the dissolution of a
marriage the court shall satisfy itself, so far as it reasonably
can, not only as to the facts alleged, but also whether or not
the petitioner has been in any manner accessory to or





conniving at the adultery, or has condoned the same, and
shall also inquire into any countercharge which is made
against the petitioner.

8. The court shall dismiss the petition if-
(a)it is not satisfied that the petitioner's case has been
proved;
(b)it is not satisfied that the alleged adultery has been
committed;
(c)it finds that the petitioner has during the marriage
been accessory to or conniving at the adultery or has
condoned the adultery; or
(d)it finds that the petition is presented or prosecuted
in collusion with either the respondent or the co-
respondent.

9. (1) If the court is satisfied that the petitioner's case
has been proved, and does not find that the petitioner has
been accessory to or connived at the adultery, or has
condoned the adultery, or that the petition is presented or
prosecuted in collusion, the court shall pronounce a decree
nisi for the dissolution of the marriage.

(2) The court shall not be bound to pronounce such
decree if it finds that the petitioner has during the marriage
been guilty-
(a) of adultery;
(b)of unreasonable delay in presenting or prosecuting
the petition ;
(c) of cruelty to the respondent;
(d)of having, without reasonable excuse, deserted or
wilfully separated himself or herself from the
respondent before the adultery complained of; or
(e)of such wilful neglect of or misconduct towards the
respondent as has conduced to the adultery.

10. No adultery shall be deemed to have been condoned
within the meaning of this Ordinance unless conjugal
cohabitation has been continued or resumed.

11. In any suit instituted for dissolution of marriage,
if the respondent opposes the relief sought on the ground of
the adultery, cruelty or desertion without reasonable excuse
of the petitioner, the court may in such suit give the





respondent, on his or her application, the same relief to which
he or she would have been entitled in case he or she had
presented a petition seeking such relief.

Nullity of Marriage.

12. A husband or wife may present a petition to the
court praying that his or her marriage may be declared null
and void.

13. Such decree may be made on any of the following
grounds-
(a)that the respondent was impotent at the time of the
marriage and at the time of the institution of the
suit;
(b)that the parties are within the prohibited degrees of
consanguinity or affinity, whether natural or legal ;
(c)that either party was a lunatic or idiot at the time of
the marriage;
(d)that the former husband or wife of either party was
living at the time of the marriage and the marriage
with such former husband or wife was then in force;
(e)that the consent of either party to the marriage was
obtained by force or fraud in any case in which the
marriage might be annulled on this ground by the
law of England;
that the marriage is invalid by the law of the Colony.

14. If the court finds that the petitioner's case has been
proved, it shall pronounce a decree nisi declaring the marriage
to be null and void.

15.. Where a marriage is annulled on the ground that a
former husband or wife was living and it is adjudged that the
subsequent marriage was contracted in good faith and with
the full belief of the parties that the former husband or wife
was dead, or when a marriage is . annulled on the ground of
insanity, children begotten before the decree nisi is made
shall be. specified in the decree and shall be entitled to
succeed, in the same manner as legitimate children, to the
estate of the parent who at the time of the marriage was
competent to contract.





Decree Absolute.

16. (1) A decree nisi for dissolution of marriage or for
nullity of marriage may be.made absolute after the expiration
of such time, not less than three months from the pronouncing
thereof, as is prescribed or as is fixed by the court in any suit.

(2) During that period any party may, in such manner
as is prescribed or as is directed by the court in any suit,
show cause why the decree nisi should not be made absolute
by reason of the same having been obtained by collusion or
by reason of material facts not being brought before the
court.

(3) At any time during the progress of the suit or before
the decree is made absolute any person may give information
to the Attorney General of any matter material to the due
decision of the case or affecting the jurisdiction of the court,
who may thereupon take such steps as he deems necessary
or expedient.

(4) If from any such information or otherwise he
suspects that any parties to the suit are or have been acting in
collusion for the purpose of obtaining a decree of dissolution
of marriage or of nullity of marriage contrary to the justice
of the case, or that material facts have not been brought
before the court, he may intervene in the suit and show cause
why the decree nisi should not be made absolute.

(5) On cause being so shown, the court shall make the
decree absolute, or reverse the decree nisi, or require further
inquiry or otherwise deal with the case as justice demands.

(6) The court may order the costs arising from such
cause being shown and from such intervention, including the
costs of the Attorney General, to be paid by the parties or
such one or more of them, including a wife if she has separate
property, as it thinks fit.

(7) Whenever a decree nisi has been made and the
petitioner fails to move within a reasonable time to have such
decree nisi made absolute, the court may dismiss the suit.

judicial Separation.

17. (1) A husband or wife may present a petiton to
the court for a judicial separation on the ground of adultery





or cruelty or desertion without reasonable excuse for two
years or upwards.

(2) The court, on being satisfied that the statements in
such petition are true and that there is no legal ground why
the application should not be granted, may decree judicial
separation accordingly.

(3) A decree of judicial separation shall have the effect
which a divorce a mensa et thoro had in England.before the
Matrimonial Causes Act, 1857, and such other legal effect as
hereinafter mentioned.

18. (1) In every case of judicial separation, as from the
date of the decree and so long as the separation continues,
any property which is acquired by or devolves upon the wife
shall not be affected by any restraint upon anticipation
attached to the enjoyment by the wife of any property under
any settlement, agreement for a settlement, will, or other
instrument; and if she dies intestate it shall devolve as if
her husband had been dead.

(2) Where, upon any such judicial separation, alimony
has been decreed or ordered to be paid to the wife and the
same is not duly paid by the husband he shall be liable for
necessaries supplied for her use.

(3) Nothing in this Ordinance shall prevent the wife
from joining, at any time during such separation, in the
exercise of any joint power given to herself and her husband.

19. (1) Any husband or wife, upon the application of
whose wife or husband, as the case may be, a decree of
judicial separation has been pronounced, may, at any time
thereafter, present a petition to the court praying for a
reversal of such decree on the ground that it was obtained
in his or her absence and that there was reasonable excuse
for the alleged desertion where desertion was the ground of
such decree.

(2) The court may, on being satisfied of the truth of the
allegations of such petition, reverse the decree accordingly.





Restitution of Conjugal Rights.

20. (1) When either the husband or the wife has
without reasonable excuse withdrawn from the society of the
other, either wife or husband may apply by petition to the
court for restitution of conjugal rights.

(2) The court, on being satisfied of the truth of the
statements made in such petition and that there is no legal
ground why the application should not be granted, may
decree restitution of conjugal rights accordingly.

21. Nothing shall be pleaded in answer to a petition for
restitution of conjugal rights which would not be a ground
for a suit for judicial separation.

22. (1) A decree of restitution 'Of conjugal rights shall
not be enforced by attachment.

(2) Where the application is by the wife the court may,
at the time of making such decree or at any time afterwards,
order that, in the event of such decree not being complied
with within any time in that behalf limited by the court, the
respondent shall maize to the petitioner such periodical
payments as are just.

(3) The court may, if it thinks fit, order that the
husband shall, to the satisfaction of the court, secure to the
wife such periodical payments, and for that purpose may
refer the matter to the Registrar or to some counsel and
solicitor to settle and approve of a proper deed or instrument
to be executed by all necessary parties.

23. Where the application for restitution of conjugal
rights is by the husband, if it is made to appear to the court
that the wife is entitled to any property, either in possession
or reversion, or is in receipt of an), profits of trade or
earnings, the court may, if it thinks fit, order a settlement to
be made to the satisfaction of the court of such property or
any part thereof for the benefit of the petitioner and of the
children of the marriage or either or any of them, or may
order such part as the court thinks reasonable of such profits
of trade or earnings to be periodically paid by the respondent
to the petitioner for his own benefit, or to the petitioner or
any other person for the benefit of the children of the marriage
or either or any of them.





24. The court may vary or modify any order for the
periodical payment of money, either by altering the times of
payment or by increasing or diminishing the amount, or may
temporarily suspend the same as to the whole or any part of
the money so ordered to be paid, and.again revive the same
order wholly or in part, as the court thinks just.

25. If the respondent fails to comply with a decree of
the court for restitution of conjugal rights, such respondent
shall thereupon be deemed to have been guilty of desertion
without reasonable cause and a suit for judicial separation
may forthwith be instituted, and a sentence of judicial separa-
tion may be pronounced although the period of two years
has not elapsed since the failure to comply with the decree
for restitution of conjugal rights.

Damages and Costs.

26. (1) Any husband may, either in a petition for
dissolution of marriage or for judicial separation or in.a
petition to the court limited to such object only, claim
damages from any person on the ground of his having
committed adultery with the wife of such petitioner.

(2) Such petition shall be served on the alleged adulterer
and the wife, unless the court dispenses with such service or
directs some other service to be substituted.

(3) The damages to be recovered on any such petition
shall be ascertained by the court, although the respondents
or either of them may not appear.

(4) After the decision has been given the court may
direct in wilat nianner such damages shall be paid or applied.

27. (1) Whenever in any petition presented by a
husband the alleged adulterer has been made a co-respondent
and the adultery has been established, the court may order
the co-respondent to pay the whole or any part of the costs
of the proceedings.

(2) The co-respondent shall not be ordered to pay the
petitioner's costs-
(a)if the respondent was at the time of the adultery
living apart from her husband and leading the life
of a prostitute ; or





(b)if the co-respondent had not at the time of th
adultery reason to believe the respondent to be
married woman.

Alimony.

28. (1) In any suit under this Ordinance, whether it
is instituted by a husband or a wife, the wife may present a
petition for alimony pending the suit.

(2) Such petition shall be served on the husband, and
the court, on being satisfied of the truth of the statements
therein contained, may make such order on the husband for
payment to the wife of alimony pending the suit as it deems
just.

(3) Alimony pending the suit shall in no ease exceed
one-fifth of the husband's average net income for the three
years next preceding the date of the order, and shall continue,
in case of a decree for dissolution of marriage, until the
decree is made absolute.

29. (1) On any decree absolute for dissolution of
marriage or for nullity of marriage, or on any decree of
judicial separation obtained by a wife, the court may, if it
thinks fit, order that the husband shall, to the satisfaction of
the court, secure to the wife such gross sum of money or such
annual sum of money for any term not exceeding her life as,
having regard to her fortune, if any, to the ability of the
husband and to the conduct of the parties, it deems reason-
able, and for that purpose may refer the matter to the
Registrar or to some counsel and solicitor to settle and
approve of a proper deed or instrument to be executed by all
necessary parties, and the court may, if it thinks fit, suspend
the pronouncing of its decree until such deed or instrument
has been duly executed.

(2) In any such case the court may, if it thinks fit, make
an order on the husband for payment to the wife during
their joint lives of such monthly or weekly sum for her
maintenance and support as the court thinks reasonable, and
any such order may be made either in addition to or instead
of an order under subsection (I).

(3) If the husband afterwards from any cause becomes
unable to make such payments, the court may discharge or





modify the order or temporarily suspend the same as to
the whole or any part of the money so ordered to be paid,
and again revive the order wholly or in part as the court
thinks fit.

(4) Where the court has made any such order as is
mentioned in subsection (2) or (3), and the court is satisfied
that the means of the husband have increased, the court
may, if it thinks fit, increase the amount payable under the
order.

30. In all cases in which the court makes any decree
or order for alimony, it may direct the same to be paid either
to the wife herself, or to any. trustee on her behalf to be.
approved of by the court, and may impose any terms or
restrictions which to the court seem expedient, and may from
time to time appoint a new trustee if it appears to the court
expedient so to do.

Settlements.

31. (1) When a decree of dissolution of marriage or
of judicial separation on account of the adultery of the wife
is pronounced, and when the wife is entitled to any property,
the court may order such settlement as it thinks reasonable
to be made of such property, or any part thereof, for the
benefit of the husband or of the children of the marriage, or
of both.

(2) Any instrument executed pursuant to any order of
the court at the time of or after the pronouncing of a decree
of dissolution of marriage or judicial separation shall be
deemed valid notwithstanding the existence of the disability
of coverture at the time of the execution thereof.

(3) The court may direct that the whole or any part of
the damages recovered tinder section 26 shall be settled for
the benefit of the children of the marriage or as a provision
for the maintenance of the wife.

32. (1) After a decree absolute for dissolution of
marriage or for nullity of marriage, the court may inquire
into the existence of ante-nuptial or post-nuptial settlements
made on the parties whose marriage is the subject of the
decree, and may make such orders with reference to the





application of the whole or a portion of the property settled,
whether for the benefit of the husband or the wife, or of the
children, if any, of the marriage, or of both children and
parents, as to the court seems fit.
(2) The court shall not make any order for the benefit
of the parents or either of them at the expense of the children.

33. Where the court has power to direct any property
to be settled, or to vary the terms of an existing settlement,
it may-
(a) appoint trustees;
(b) order the necessary instruments to be prepared
containing such provisions as it thinks fit;
(c) order all necessary parties to execute the same;
(d) from time to time appoint new trustees; and
(e) do all such other acts as it deems necessary. for
carrying such directions into effect.

Custody of Children.

34. In any suit for dissolution of marriage, or for nullity
of marriage, or for judicial separation, or for restitution of
conjugal rights, the court may, at any stage of the proceed-
ings, or after a decree absolute has been pronounced, make
such orders as it thinks fit with respect to the custody,
maintenance and education of the minor children, the
marriage of whose parents is the subject of such suit, and
may vary or discharge the said orders, and may, if it thinks
fit, direct proceedings to be taken for placing such children
under the protection of the court.

Procedure.
35. Subject to the provisions herein, all proceedings
under this Ordinance shall be regulated by the Code of Civil
Procedure for the time being in.force.

36. The forms in the schedule with such variations as
the circumstances of each case requite, may be used for the
respective purposes mentioned in such schedule.

37. (1) Every petition shall state the facts on which
the claim is based and also all such facts as affect the
jurisdiction of the court under section 4, shall be verified by
affidavit, and may at the hearing be referred to as evidence.





(2) Petitions for dissolution of marriage, or for nullity
of marriage, or for judicial separation shall state that there
is not any collusion or connivance between the petitioner and
the respondent or between the petitioner and the co-
respondent, if any.

38. Service out of the jurisdiction of any petition under
this Ordinance may be allowed by the court and service shall
be effected, as nearly as may be, in the manner in which
service of a writ of summons is to be effected under the Code
of Civil Procedure for the time being in force.

39. (1) In suits under this Ordinance the parties and
the husbands and wives of such parties shall be competent
and compellable to give evidence.

(2) No witness whether a party to the suit or not shall
be liable to be asked or bound to answer any question tending
to show that he or she has been guilty of adultery unless such
witness has already given evidence in the same suit in dis-
proof of his or her alleged adultery.

40. The whole or any part of any proceeding under this
Ordinance may be heard, if the court thinks fit, with closed
doors.

41. The court may adjourn the hearing of any petition
under this Ordinance, and may require further evidence
thereon if it sees fit so to do.

Appeals.

42. (1) All decrees and orders made by the court in
proceedings under this Ordinance shall be enforced, and may
be appealed from, as if they were decrees or orders made by
the court in the exercise of its original civil jurisdiction.

(2) In suits for dissolution of marriage or for nullity of
marriage no respondent or co-respondent not appearing and
defending the suit on the occasion of the decree nisi being
made shall appeal against the decree being made absolute
unless the court gives leave to appeal at the time of the decree
being made absolute.





(3) No appeal from any order absolute for dissolution of
marriage, or for nullity of marriage, shall lie in favour of
any party who, having had time and opportunity to appeal
from the decree nisi, has not appealed therefrom.

(4) There shall be no appeal on the subject of costs only.

43. Subject to such rules as are made from time to time
by His Majesty in Council regarding appeals from Colonial
courts, any person may appeal to His Majesty in Council
from any decree or order under this Ordinance made by the
Full Court if the Full Court declares that the case is a fit
one for appeal.

Re-marriage.

44. When the time limited for appealing against a decree
absolute of dissolution of marriage or of nullity of marriage
has expired, and no appeal has been presented against such
decree, or when any such appeal lias been disrnissed, but not
sooner, the respective parties may marry again as if the prior
marriage had been dissolved by death.

Miscellaneous.

45. In any case in which any person is charged with
adultery with any party to a suit, or in which the court
considers, in the interest of any person not already a party
to the suit, that such person should be made a party to the
suit, the court may, if it thinks fit, allow that person to
intervene upon such terms, if any, as the court thinks just.

46. (1) It shall not be lawful to print or publish, or
cause or procure to be printed or published, in relation to
any judical proceedings for dissolution of marriage, for
nullity of marriage, for judical separation, or for restitution
of conjugal rights, any particulars other than the following-
(a)the names, addresses and occupations of the parties
and witnesses;
(b) a concise statement of the charges, defences and
countercharges in support of which evidence lias
been given;
(c) submissions on any point of law arising in the course
of the proceedings, and the decision of the court
thereon ;





(d)the summing-up of the judge and the finding of the
jury (if any) and the judgment of the court and
observations made by the judge in giving judgment.

(2) Notwithstanding anything contained in subsection
(1) it shall not be lawful to print or publish, or cause or
procure to be printed or published, in relation to any such
proceedings, any indecent matter or indecent medical, surgical
or physiological details being matter or details the publica-
tion of which would be calculated to injure public morals.

(3) Nothing in this section shall apply to the printing
of any pleading, transcript of evidence or other document
for use in connexion with any judical proceedings or the
communication thereof to persons concerned in the proceed-
ings, or to the printing or publishing of any notice or report
in pursuance of the directions of the court; or to the printing
or publishing of any matter in any separate volume or part
of any bona fide series of law reports which does not form
part of any other publication and consists solely of reports
or proceedings in courts of law, or in any publication of a
technical character bona fide intended for circulation among
members of the legal or medical professions.

(4) Any person who contravenes any of the provisions
of this section shall be liable upon summary conviction to a
fine of one thousand dollars and to imprisonment for six
months.

(5) No prosecution under this section shall be instituted
without the consent of the Attorney General.

47. No person competent to present a petition under
sections 4 and 5 shall maintain a suit for criminal conversation
with his wife. .

48. (1) The Chief justice may make rules to fix and
regulate the fees and costs payable upon all proceedings in
suits under this Ordinance, and also rules concerning the
practice and procedure under this Ordinance as he considers
expedient.

(2) Such rules may, amongst other things, vary any of
the forms in the schedule, or may add new forms thereto.





(3) A copy of such rules made by the Chief justice under
this Ordinance, certified under the hand of the Chief justice,
shall be transmitted by him to the Governor, to be laid before
the Legislative Council.

(4) No rule under this Ordinance shall come into opera-
tion until it as been approved by resolution of the Legislative
Council at some meeting thereof subsequent to the meeting
at which it was first laid upon the table.

(5) Any rule so approved shall have the same force as
though it had been enacted by this Ordinance.

(6) Unless otherwise provided by rule, the fees and costs
payable shall be similar to the fees and costs payable in the
Original jurisdiction of the Supreme Court.

[s. 36.]

SCHEDULE.

FORMS.

FORM 1.

General Heading (if Petition by Husband).

In the Supreme Court of Hong Kong.

Divorce. Between A. 13,Petitioner.
and
C. B. Respondent.
19 No. X. Y. Co-Respondent.

To the Honourable the Judges of the Supreme Court.

This day of 19

General Hcading (if Petition by Wife).

Divorce. Between C. B, Petitioner.
and
19 No. A. B. Respondent.

To the Honourable the Judges of the Supreme Court.

This day of 19





General Heading (where Court directs Respondent to be added)

Divorce. Between C. B., Petitioner.
and
A. B. Respondent.
E. F. intervening as
19 No. Respondent.
This day of 19

FoRm 2.
PETITION BY HUSBAND FOR DISSOLUTION OF MARRIAGE ON THE GROUND
OF HIS WIFE's ADULTERY (WITH DAMAGES AGAINST Co-RESPONDENT
as the case may be).

(General Heading)

The Petition of A. B. (state description of the
husband and the place of residence).

SHEWETH:

1. That the domicile of your Petitioner and of his wife the
said C. B. is within the Colony of Ilong Kong.

2. That your Petitioner was, on the day of
lawfully married to C. B., then C. D. (spinster or wid ow as the case
may be) at (the place at which the marriage was solemnized must be
described with exactness).
3. That the said marriage was a Christian marriage (or the
civil equivalent of a Christian marriage).
4. That after his said marriage your Petitioner lived and
cohabited with his said wife and that your Petitioner and his said
wife have had issue of their said marriage
children, of whom survive; that is to say
(give names and ages).
5. That on the day ofaiid on other days
between that day and the said C. B. at
in
committed adultery with X. Y.

(Or)
That during the years immediately preceding the
day of , (or as the case
may be) X. Y. frequently visited the said C. B. at
, and that, on divers occasions during the said
period at the said C. B. committed adultery
with the said X. Y.

6. That no collusion or connivance exists between your
Petitioner and his said wife, or between your Petitioner and the
said X. Y. for the purpose of obtaining a dissolution of the said
marriage or for any other purpose.





Your Petitioner therefore humbly prays that this
Honourable Court mill decree a dissolution of the
said marriage, that your Petitioner may have the
custody of his said children (and that the said X. Y.
do pay the sum of $ as damages by reason of
his having committed adultery with your Petitioner's
said wife, such damages to be paid to your Petitioner
or otherwise paid or applied as to this Honourable
Court may seem fit, or as the case may be).

(Signed) A. B.

The address for service of the Petitioner is

I, A. B., make oath and say that the statements contained in
the foregoing petition are to the best of my knowledge, information
and belief in all respects true.

(Signed) A. B.
Sworn at
the day of 19

Before me

Commissioner to administer oaths.

FORM 3.

PETITION BY A WIFE FOR DISSOLUTION or HER MARRIAGE, CONTAINING
EXAMPLES OF VARIOUS CHARGES ON WHICH SUCH A PETITION MAY
BE GROUNDED.

(General Heading)

The Petition of G. B. (state place of residence).

SHEWETH:

1. That the domicile of your Petitioner and of her husband
the said A. B. is within the Colony of Hong Kong.
2.That your Petitioner, then C. D. (spinster or widow, as the
case may be), was on the day of lawfully
married to A. B. (description), at present residing at
at (insert place of marriage as in Form 2).
3. That the said marriage was a Christian marriage (or the
civil equivalent of a Christian marriage).
4. That after her said marriage your Petitioner lived and
cohabited with her said husband and that your Petitioner and her
said husband have had issue of their said marri~ge
children, of whom survive; that is 110 say
(give names and ages).
5. That on or about theday of
at ' in the said
A. B. committed adultery with Y. Z. (or with a female whose name
is at present unknown to your Petitioner).





(Or)

That from about the month of to about the
month of the said A. B. at
lived and cohabited and habitually committed adultery with a woman
named Y. Z.

(Or)
That on the day of at
in , the said A. B. committed rape on
the person of (or committed sodomy or bestiality).

[In every case conclude with a paragraph denying collusion or
connivance, see 6 of Form 2.]

Your Petitioner therefore humbly prays that this Honourable
Court will decree her:
1. A dissolution of her said marriage.
2. The custody of her said children.
3.Such further and other relief as to this Honourable
Court may seem fit.

(Signed) C. B.

[Address and Affidavit as in Form 2.]

FORM 4.

ENTRY OF APPEARANCE.

(General Heading)

The respondent C. B. (or the co-respondent X. Y.) appears in
person (or G. H., the solicitor for C. B. the respondent or X. Y. the
co-respondent, appears for the said respondent or co-respondent).

[Here insert the address for service.]

Entered this day of.

FoRm 5.

ANSWER BY WIFE TO PETITION FOR DISSOLUTION OF MARRIAGE.
(General Heading)

The respondent C. B. in person (or by her solicitor), in answer
to the petition filed in this cause, saith-
1. That she denies that the domicile of the petitioner (or that
her domicile) is within the Colony of Hong Kong.
2. That she denies that the marriage was a Christian marriage
(or the civil equivalent of a Christian marriage).





3. That she denies that she has on divers or any occasion
committed adultery with X. Y. as alleged in the fifth paragraph
of the said petition.

Wherefore the respondent prays that this Honour-
able Court will reject the prayer of the said petition.

(Signed) C. B.

FoRm 6.

ANSWER BY WIFE TO HUSBAND'S PETITION, ALLEGING
VARIOUS DEFENCES.

(General Heading)

1. Denial as in Form 5, paragraphs 1, 2 and 3.
2. That the petitioner condoned the acts of adultery (if any)
alleged in the said petition.
3. That the petitioner has connived at the acts of adultery
(if any) alleged in the said petition.
4. That the said petition is collusive, and was presented (or
prosecuted) by agreement between the petitioner, the respondent and
the co-respondent.
5. That the petitioner has been guilty of unreasonable delay
in presenting (or prosecuting) his said petition, for whereas the said
supposed acts of adultery are alleged to have taken place on
yet the petitioner did not file his
petition until
6. That the petitioner has been guilty of such neglect (or rnis-
conduct) as has conduced to the said alleged adultery (if any)
inasmuch as (here set out the facts relied on).

The respondent therefore humbly prays that this
Honourable Court will reject the prayer of the Said
petition, and that the respondent may have such
further and other relief as to this Honourable Court
may seem fit.

(Signed) C. B.

(Paragraphs 2 to 6 of this form or any paragraphs containing
counter-charges must be verified by affidavit as follows-

I, C. B., of , the respondent in the above cause (or
the above-named respondent), make oath and say as follows-
1. That the allegations contained in paragraphs of my
answer dated the day of 19 are true to the
best of my knowledge, information and belief.

Sworn, etc.

(Signed) C. B.





FORm 7.

ANSWER BY HUSBAND TO A WIFE'S PETITION.

(General Heading)

The respondent A. B. in person (or by his solicitor), in answer
to the petition filed in this cause, saith-

1. Denial of domicile of parties and nature of the marriage as
in Form 5 with necessary variations.

2. That he denies that he has been guilty of the charges of
adultery, (or rape as the case may be) alleged against him in the
said petition, or any of them.

3. That the petitioner condoned the acts of adultery (if any)
alleged in the said petition.

4. That the petitioner has connived at the adultery (if any)
alleged in the said petition.

The respondent therefore humbly prays, etc.

Paragraphs 3 and 4 and any subsequent paragraphs containing
counter-charges must be verified by affidavit. See Form 6.

FORM 8.

ANSWER BY CO-RESPONDENT.

(General Heading)

X. Y., the co-respondent, in answer to the petition filed in this
cause, saith-

1. Denial of domicile of parties and nature of the marriage as
in ForM 5 with necessary variations.

2. That he denies that he committed adultery with the said
C. B, as alleged in the said petition.

(Allege any countercharges as in Form 6, and add as a final
paragraph)-

That at the time when the co-respondent committed the acts
of adultery (if any) alleged in the said petition he did not know
that the respondent was a married woman.

Wherefore the said X. Y. prays that this Honour-
able Court will reject the prayer of the said
petitioner and order him to pay the costs of and
incidental to the said petition.

(Signed.)

(All countercharges and final paragraph must be verified by
affidavit See Form 6.)





FoRm 9.

REPLY To FoRm 7.

(General Heading)

The petitioner C. B. in person (or by his solicitor) says-

1. That she denies that she condoned the acts of cruelty as
alleged in the third paragraph of the statement in answer of the
respondent.
2. That even if she had condoned the said adultery or cruelty,
the same lias been revived by the subsequent adultery with Y. Z.
(or as the case may be) as set forth in the fifth paragraph of the
petition herein.

(Signed) C. B.

FORM 10.

PETITIONS FOR NULLITY ON VARIOUS GROUNDS.

(General Heading)

The petition of C. D., otherwise called C. B. (give place of
residence),

SHEWETH:

1. That on the day of at in the
Colony of llong Kong a ceremony of marriage took place between
your petitioner then a spinster (or widow as the case may be) and
A. B. of (give place of residence). The said marriage purported to
be a Christian marriage (or the civil equivalent of a Christian
marriage).
2. That from the said day of until the month
of your petitioner lived and cohabited with the said
A. B. at divers places.
3. That the marriage was invalid by the law of the said Colony,
for the following reasons (state reasons).
4, That the said C. D. is the niece of the said A. B., being
Ilic natural and lawful daughter of his half-sister S. D., formerly
S. B., spinster.
5. That the said A. B. was at the time of the said ceremony
of marriage and has ever since been and still is wholly unable to
consummate the said marriage by reason of the malformation, or
frigidity and impotence of his parts of generation, or hysteria or
from some other physical cause the exact nature of which is to
your petitioner at present unknown.
6. That the said malformation, frigidity, impotence or other
physical cause afTecting the parts of generation of the said A. B.
is wholly incurable by art or skill and will so appear upon inspec-
tion.
7. That. the said A. B. has never consummated the said
pretended marriage.





8. That on the said day of, when the said
ceremony of marriage took place between your petitioner and the
said A. B., the said A. B. was and for some time prior thereto
had been of unsound mind and incapable of contracting marriage.
9. That the performance of the said ceremony of marriage
was procured by the fraud and contrivance of the said A. B.

10. That prior to the said day of , when
the said ceremony of marriage too place between your petitioner and
the said A. B., that is to say on the day of
at , the said A. B. was lawfully married to R. B.,
then R. S., spinster (or widow as the case may be) of (give place of
residence) and that when the said ceremony of marriage took place
between your petitioner and the said A. B., the said R. B., the wife
of the said A. B., was still living.
11. That there is no collusion or connivance between her and
the said A. B. with respect to the subject of this suit.

Your Petitioner therefore humbly prays that this
Honourable Court will declare that the said marriage
is null and void, and that your Petitioner may have
such further and other relief as to this Honourable
Court may seem fit.

(Signed) C. B.

(Affidavit as in Form 2).

FORM 11.

ANSWERS TO PETITIONS FOR NULLITY.

(General Heading as in Form 9.)

The respondent A. B., in person (or by his solicitor), in answer
to the petition filed in this. cause, saith-

1. Denial that the ceremony of marriage took place in the
Colony and denial that it purported to be a Christian marn . age (or
the civil equivalent of a Christian marriage).
2. That on the day of at the said
marriage took place, and it was a valid marriage.
3. That he denies that the said C. D. is related to him as alleged
(state facts disproving the alleged relationsitip).
4. That he denies each and every one of the allegations
contained in paragraphs 5, 6 and 9 of the said petition.
5. That the petitioner did consummate the said marriage and
that the respondent was at the time of the said marriage, and
thence hitherto hath been and still is, apt for coition, as will appear
on inspection.
6. That. the respondent always has been, and still is, willing
to consummate the said marriage, but has been hitherto prevented
from doing so by reason of the malformation, etc., of the petitioner.





7. That he denies that on the day of or at
any time prior thereto he was of unsound mind or incapable of
contracting marriage.

8. That he denies that he was on the day of
or at any other time lawfully married to R. S., as alleged in the
said petition.

Your petitioner therefore humbly prays, etc.

FORM 12.

PETITION BY WIFE FOR JUDICAL SEPARATION ON THE GROUND OF
HUSBAND's ADULTERY.

(General Heading)

The petition of G. B., of the wife of A. B.,
residing at
SHEWETH:

1. That your petitioner and the said A. B. are in the Colony of
Hong Kong.
2. That on the day of your petitioner,
then C. D. (spinster, or widow as the case may be) was lawfully
married to A. B. at in
The said marriage was a Christian marriage (or the civil equivalent
of a Christian marriage).
3. That after her said marriage your petitioner cohabited with
the said A. B. at and at . and that your
petitioner and her said husband have issue living of their said
marriage children (give names and ages).
4. That on divers occasions in or about the months of
the said A. B. at committed adultery with
E. F, who was then living in the service of the said A. B. and
your petitioner at their said residence aforesaid.
5. That on divers occasions in the months of
the said A. B. at aforesaid committed adultery with
a emale whose name the petitioner believes to be R. S. (or
cohabited and habitually committed adultery with G. H.).
6. That no collusion or connivance exists between your peti-
tioner and the said A. B. with respect to the subject of the present
suit.
Your petitioner therefore humbly prays that this
Honourable Court will decree a judicial separation
to your petitioner from her said husband by reason
of his aforesaid adultery, and that she may have
the custody of her said children, together with such
other and further relief in the premises as to this
Honourable Court may seem fit.

(Signed) C. B.

(Affidavit as in Form 2).





FoRm 13.

ANSWER TO WIFE'S PETITION FOR JUDICIAL SEPARATION ON
GROUND OF HUSBAND's ADULTERY.

(General Heading)

The respondent A. B. in person (or by his solicitor), in answer
to the petition filed in this cause, saith-

1. Denial that either party, or both parties, were in the Colony
at the time of the Commencement of the proceedings and denial that
the marriage was a Christian marriage (or the civil equivalent of a
Christian marriage).

2. That he denies that he committed adultery with E. F., as
in the fourth paragraph of the petition alleged.

3. That the petitioner condoned the said adultery with E. F.,
(if any).

4. That he denies that he committed adultery with R. S. (or
with G. H.) as in the fifth paragraph of the petition alleged.

5. That the petitioner condoned the said adultery with R. S., if
any (or as the case may be).

Wherefore the respondent prays that this Honour-
able Court will reject the prayer of the said petition.

(Signed) A. B.

(Affidavit as in Form 6).

FORM 14.

REPLY To FORM 13.

(General Heading)

The petitioner C. B. in person (or by her solicitor) says-

1. That she denies that she condoned the said adultery of the
respondent with E. F., as in the third paragraph of the statement
in answer alleged.

2. That even if she had condoned the said adultery, the same
has been revived by the subsequent adultery with R. S. (or G. H.
as the case may be) as set forth in the fifth paragraph of the petition.

(Signed) C. B.





FORM 15.

PETITION BY WIFE FOR JUDICIAL SEPARATION ON GROUND OF

HUSBAND'S CRUELTY.

(General Heading)

The petition of C. B. (wife of A. B.) residing at

SHEWETH:

1. (As in paragraph 1 of Form 12.)

2. That on the day of your petitioner,
then C. D. spinster (or widow), was lawfully married to A. B. at

The said marriage was a Christian marriage (or the civil equivalen~
of a Christian marriage).

3. That from her said marriage your petitioner lived and
cohabited with her said husband at until the
day of ' when your petitioner separated
from her said husband as hereinafter more particularly mentioned,
and that your petitioner and her said husband have had no issue
of their said marriage.

4. That from and shortly after your petitioner's said marriage
the said A. B. habitually conducted himself towards your petitioner
with great harshness and cruelty, frequently abusing her in the
coarsest and most insulting language, and beating her with his fists,
with a cane, or with some other weapon.

5. That on an evening in or about the month of
the said A. B. in the highway and opposite to the house in which
your petitioner and the said A. B. were then residing at
aforesaid, endeavoured to knock your petitioner down, and
was prevented from so doing only by the interference of F. D.,
your petitioner's brother.

6. That subsequently on the same evening the said A. R.
in his said house ataforesaid, struck your
petitioner with his clenched fist a violent blow on her face.

7. That on one Saturday night inthe month of
the said A. B. inwithout provocation, threw
a knife at your petitionef, thereby inflicting a severe wound on her
right hand.

8. That on the afternoon of the day of
your petitioner, by reason of the great and continued cruelty
practised towards her by her said husband, with assistance withdrew
from the house of her said husband to the house of her father
at that from and after the said
day of your petitioner hath lived
separate and apart from her said husband, and hath never returned
ro his house or to cohabitation with him.

9. That there is no collusion or connivance between your
petitioner and her said husband with respect to the subject to the
present suit.





Your petitioner therefore humbly pray
Honourable Court will decree a judicial
between your petitioner and the said
also order that the said A. B. do pa3
of and incidental to these proceedings.

(Signed) C.

[Affidavit as in Form 2.]

FoRm 16.

ANSWER TO WIFE'S PETITION FOR JUDICIAL SEPARATION ON
GROUND OF HUSBAND'S CRUELTY.

(General Heading)

A. B., the respondent, in answer to the petition filed in this
cause, by his solicitor, saith-

1. Denial as in Form 13.

2. That he denies that he has been guilty of cruelty towards
the said C. B., as alleged in the said petition.

(Signed) A. B.

FORM 17.

PETITION FOR REVERSAL OF DECREE OF JUDICIAL SEPARATION.

(General Heading)

The petition of A. B. of in

SHEWETH:

1.That your petitioner was on the day of
lawfully married to at .

The said marriage was a Christian marriage (or the civil equivalent
of a Christian marriage).

2. That on the day of this Honourable
Court at the petition ofin a cause then depending
in this Court, entitled A. B. against C. B., pronounced a decree
affecting the petitioner to the effect following; to wit-

(Here set out the decree.)

3. That such decree was obtained in the absence of your
petitioner, who was then residing at
(State facts tending to show that the petitioner did not know of the
proceedings; and further, that, had he known, he might have offered
a sufficient defence.)





(Or)

That there was reasonable ground for your petitioner leaving
his said wife, for that his said wife
(Here state any legal grounds justifying the petitioner's separation
from his wife.)

Your petitioner therefore humbly prays that this
Honourable Court will reverse the said decree.

(Signed) A. B.

[Affidavit as in Form 2.]

FORM 18.

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading)

The petition of C. B. of in

SHEWETH:

1. (As in paragraph 1 of Form 12).

2. That your petitioner was on the day of
lawfully married to A. B. at in

The said marriage was a Christian marriage (or the civil equivalent
of a Christian marriage).

3. That after her said marriage your petitioner lived and
cohabited with the said A. B. at divers places and at

4. That the said A. B. did, on the day
withdraw from cohabitation with your Petitioner, and has kept and
continued away frorn her without any just cause whatsoever, and
from that date hitherto has refused and still refuses to render her
conjugal rights.

Your petitioner therefore humbly prays that this
Honourable Court will be pleased to decree her:

1. Restitution of conjugal rights.
2. The costs of and incidental to this petition.
3. Such further and other relief as to this
Honourable Court may seem fit.

(Signed) C. B.

[Affidavit as in Form 2.]





FORM 19.
ANSWER TO SUIT FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading)
1. Denial as in Form 13.
2. That he denies that he has without any just cause refused
or still refuses to permit the petitioner to live and cohabit with
him or to render her conjugal rights.

(Or)
That by reason of the circumstances, hereinafter set forth, the
respondent had and still has reasonable cause for refusing to permit
the petitioner to live and cohabit with him, and for refusing to
render her conjugal rights.
(Proceed to countercharge adultery, cruelty, or desertion, or any
other misconduct of which ihe petitioner may have been guilty, and
conclude with prayer for rejection of Petition and for the relief asked
for, as 'judicial separation,' 'custody of children,' etc.
If the respondent desires to allege nullity it should be done, and
relief prayed in one of the Forms of Petition for Nullity of Marriage.
Verify all countercharges by affidavit, and state that there is no
collusion or connivance between the parties.)

FORm 20.
PETITION FOR ALIMONY PENDING THE SUIT OR PERMANENT ALIMONY.
(General Heading)
The Petition of C. B., the lawful wife of A. B.

SHEWETH:

1. That the said A. B. has for some years carried on the
business of , at , and from such business
derives the net annual income of from $
to
2.That the said A. B. is possessed of plate, furniture, linen,
and other effects at his said house,aforesaid, all of
which he acquired in right of your petitioner as his wife, or purchased
with money he acquired through her, of the value of $
3. That the said A. B. is entitled, under the will of his father,
subject to the life interest of his mother therein, to property of the
value of $ or some other considerable amount (a).

(In the same manner state particulars of any other property
which the husband may possess.)
Your petitioner therefore prays that this Honour-
able Court will decree such sum or sums of money
by way of alimony, pending the suit (or permanent
alimony as the case may be) as to this Honourable
Court may seem fit.
(Signed) C. B.
[Affidavit as in Form 2.]





FORm 21..

ANSWER TO PETITION FOR ALIMONY.

(General Heading)

I, A. B. of the above-named respondent, in
answer to the Petition for alimony, pending the suit of C. B. make
oath and say as follows-

1.In answer to the first paragraph of the said petition, I say
that I have for the last years carried on the business
of , at , and that, from
such business, I have derived a net annual income of $
but not less than $

2. In answer to the second paragraph of the said petition, 1
say that I am possessed of plate, furniture, linen and other chattels
and effects at my said house aforesaid, of the value of
$ , but as I verily believe of no larger value. And I say
that a portion of the said plate, furniture and other chattels and
effects of the value of $, belonged to my said wife before
our marriage, but the remaining portions thereof I have since pur-
chased with my own moneys. And I say that, save as hereinbefoTe
set forth, I am not possessed of the plate and other effects as alleged
in the said paragraph in the said petition, and that I did not acquire
the same as in the said petition also mentioned.

3. I admit that I am entitled under the will of my father,
subject to the life interest of my mother therein, to property of the
value of $ , that is to say, I shall be entitled under my said
father's will, upon the death of my mother, to a legacy of $ ,
out of which I shall have to pay my father's executors the sum of
$ , the amount of a debt owing by me to his estate, and
upon which debt I am now paying interest at the rate of five
per cent per annum.

4. And, in further answer to the said petition, I say that I
have no income whatever, except that derived from my aforesaid
business, that such income, since my said wife left me, which she
did on the day of last, has been considerably
diminished, and that such diminution is likely to continue. And I
say that out of my said income I have to pay the annual sum of
$ for such interest as aforesaid to my late father's executors
and also to support myself and my two eldest children.

5. And, in further answer to the said petition, I say that, when
my wife left my dwelling-house on the day of
last. she took with her, and has ever since withheld and still with-
holds from me, plate, watches, and other effects in the second para-
graph of this my answer mentioned, of the value of, as I verily
believe, $ at the least; and I also say that, within five days
of her departure from my house as aforesaid, my said wife received
bills due to me from certain lodgers of mine, amounting in the
aggregate to $ , and that she has ever since withheld and
still withholds from me the same sum.

Sworn, etc.





FORm 22.

PETITION FOR VARIATION OF SETTLEMENTS.
(General Heading)

The Petition of C. B., the lawful wife of A. B.

SilEWETH:

1. That on the day of this Honourable
Court pronounced a decree misi for the dissolution of the marriage
of your petitioner witE the said A. B.
(If the petition is filed after a decree of nullity of marriage the
above must be altered accordingly).

2. That by an ante-nuptial (or post-nuptial) settlement bearing
date the day of , a copy whereof is hereto
annexed, it was witnessed that certain trustees therein named should
stand posseseel of (here set out particulars of the settled property)
upon trust, during the joint lives of the petitioner and the respon-
dent, to pay two-thirds of the interest, dividends, etc., to the
petitioner or to such persons as she should direct for her separate
use, and the remaining one-third of the interest, dividends, etc., to
the respondent for his own use and benefit; and from and after the
decease of either of them to pay the whole of the interest, dividends,
etc., to the survivor daring his or her life; and from or after the
decease of the survivor upon trust, for all or any of the children of
the said marriage, according to the joint appointment of the petitioner
and respondent, or the appoIntment of the survivor, or in default of
appointment, for all tte children of the said marriage who being a
son or sons should attain twenty-one, or being a daughter or
daughters should attain that age or be married with the consent of
their parents or guardians, with an ultimate trust, on failure of
children for the petitioner, if she should survive the respondent, but
if not, then for such persons as she should by will appoint; and in
default of such appointment, in trust for such persons as would be
entitled to her moveable property if she had died intestate and had
survived the respondent. .

(The deed of settlement need not be filed).

3. That there are children of the marriage as set
forth in paragraphof the petition filed in this suit, to which
your petitioner craves leave to refer.

4. That all the said trust funds mentioned in the said settle-
ment were the sole prepeity of your petitioner.

5. That the respondent has never given to nor settled upon the
petitioner any property.

Wherefore your petitioner humbly prays: -That
this Honourable Court will be pleased to decree that
the said settlement may be varied by (here set out
gwartn4er in which it is desired that the settlement
should be varied), or in such other manner as to this
Honourable Court may seem meet, and that your
petitioner rnay have such further'and other relief
in tte premises as is meet.

(Signed) C. B.





FORM 23.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR DECREE ABSOLUTE.

(General Heading)

I, L. M. of , for A. B., the petitioner in this cause,
make oath and say that on the day of .
I carefully searched the books kept in the Registry of this Court for
the purpose of entering appearances, from and including the
day of, the day of the date of the decree nisi made
in this cause, to the day of, and that during
such period no appearance has been entered in the said book by
the Attorney General, or by or on behalf of any other person or
persons whomsoever: And I further make oath and say, that I have
also carefully searched the books kept in the said Registry for.enter-
ing the minutes of proceedings had in this cause from and. including
the said day of ,to the day of
and that no leave has been obtained by the Attorney General, or by
any other person or persons whomsoever, to intervene in this cause,
and that no affidavit or affidavits, instruments, or other documents
whatsoever has been filed in this cause by the Attorney General
or any other person whomsoever during such period, or at any other
period during the dependence of this cause, in opposition to the said
decree nisi being made absolute.

(Signed) L. M.

Sworn at

this day of

Before me,

Commissioner to administer oaths.
35 of 1932. 9 of 1933. 10 of 1936. Short title. Interpretation. Principles of law to be applied. Extent of power to grant relief. [s. 4 cont.] 9 of 1933, s.2. Grounds for divorce. Contents of petition. Adulterer to be made a corespondent. Scope of inquiry by the court. Absence of collusion or condonation. Dismissal of petition. When petition shall be granted. Condonation of adultery. Grant of relief to respondent, if petition opposed. [s. 11 cont.] Petition for nullity of marriage. Ground of decree. Decree of nullity. Children of annulled marriage. When decree nisi to be made absolute. Grounds for judicial separation. [s. 17 cont.] 9 of 1933, s.3. (20 and 21 Vict. C. 85.). Property of wife after judicial separation. 10 of 1936, Schedule. Decree of judicial separation obtained during the absence of husband or wife may be reversed. Petition for restitution of conjugal rights. Answer to petition. Periodical payments in lieu of attachment. Settlement of wife's property. Power to vary orders. Non-compliance with decree deemed to be desertion. Husband may claim damages from adulterer. Costs against corespondent. Proviso. Alimony pendente lite. Permanent alimony. Power to order monthly or weekly payments. Discharge or alteration of order for alimony. [s. 29 cont.] How to increase alimony. Court may direct payment of alimony to wife or to her trustee. Settlement of the wife's property. Inquiry into existence of ante-nuptial or post-nuptial settlements. Powers of the court as to settlements. Custody of children. Procedure. (Cap. 4, rules). Forms in schedule. Contents of petition. [s. 37 cont.] Service of petition. 9 of 1933, s. 4. (Cap. 4, rules.) Evidence. Sittings in camera. Adjournment. Enforcement of orders. Appeals. Appeal to King in council. Liberty to parties to re-marry. Power to allow intervention on terms. Restriction on publication of reports of matrimonial proceedings. 16 & 17 Geo. 5, c. 61, s. 1. [s. 46 cont.] Suits for criminal conversation abolished. Power to make rules. Rules to be laid before Legislative Council. Bringing rules into operation. Charge or adultery. Charge or rape, etc. Condonation. Connivance. Collusion. Unreasonable delay. Neglect or misconduct. Denial. Condonation. Connivance. Denial of knowledge that respondent was a married woman. (a) The petitioner should state her husband's income as accurately as possible.

Abstract

35 of 1932. 9 of 1933. 10 of 1936. Short title. Interpretation. Principles of law to be applied. Extent of power to grant relief. [s. 4 cont.] 9 of 1933, s.2. Grounds for divorce. Contents of petition. Adulterer to be made a corespondent. Scope of inquiry by the court. Absence of collusion or condonation. Dismissal of petition. When petition shall be granted. Condonation of adultery. Grant of relief to respondent, if petition opposed. [s. 11 cont.] Petition for nullity of marriage. Ground of decree. Decree of nullity. Children of annulled marriage. When decree nisi to be made absolute. Grounds for judicial separation. [s. 17 cont.] 9 of 1933, s.3. (20 and 21 Vict. C. 85.). Property of wife after judicial separation. 10 of 1936, Schedule. Decree of judicial separation obtained during the absence of husband or wife may be reversed. Petition for restitution of conjugal rights. Answer to petition. Periodical payments in lieu of attachment. Settlement of wife's property. Power to vary orders. Non-compliance with decree deemed to be desertion. Husband may claim damages from adulterer. Costs against corespondent. Proviso. Alimony pendente lite. Permanent alimony. Power to order monthly or weekly payments. Discharge or alteration of order for alimony. [s. 29 cont.] How to increase alimony. Court may direct payment of alimony to wife or to her trustee. Settlement of the wife's property. Inquiry into existence of ante-nuptial or post-nuptial settlements. Powers of the court as to settlements. Custody of children. Procedure. (Cap. 4, rules). Forms in schedule. Contents of petition. [s. 37 cont.] Service of petition. 9 of 1933, s. 4. (Cap. 4, rules.) Evidence. Sittings in camera. Adjournment. Enforcement of orders. Appeals. Appeal to King in council. Liberty to parties to re-marry. Power to allow intervention on terms. Restriction on publication of reports of matrimonial proceedings. 16 & 17 Geo. 5, c. 61, s. 1. [s. 46 cont.] Suits for criminal conversation abolished. Power to make rules. Rules to be laid before Legislative Council. Bringing rules into operation. Charge or adultery. Charge or rape, etc. Condonation. Connivance. Collusion. Unreasonable delay. Neglect or misconduct. Denial. Condonation. Connivance. Denial of knowledge that respondent was a married woman. (a) The petitioner should state her husband's income as accurately as possible.

Identifier

https://oelawhk.lib.hku.hk/items/show/1991

Edition

1950

Volume

v4

Subsequent Cap No.

179

Number of Pages

33
]]>
Tue, 23 Aug 2011 15:48:03 +0800
<![CDATA[CHINESE MARRIAGE PRESERVATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1990

Title

CHINESE MARRIAGE PRESERVATION ORDINANCE

Description






CHAPTER 178.

CHINESE MARRIAGE PRESERVATION.

To provide a remedy against certain persons who commit
adultery with or harbour Chinese married women.
[20th December, 1912.]

1. This Ordinance may be cited as the Chinese
Marriage Preservation Ordinance.

2. (1) In this Ordinance-
'Chinese married woman' means a woman married
according to the laws or customs of China, and includes
only the first wife (kit fat) or the second wife (tin fong)
of any Chinese man.

(2) A person who receives or harbours a Chinese
married woman who has left her husband because of his
cruelty to her or because of his failure properly to maintain
her shall not be deemed to have. received or harboured her
without reasonable excuse.

3. (1) If it is proved to the satisfaction of a magis-
trate that any Chinese person has committed adultery with
a Chinese married woman, the magistrate may order such
person to pay to the husband of the woman compensation
not exceeding five hundred dollars.
(2) If it is proved to the satisfaction of a magistrate
that any person has without reasonable excuse received or
harboured a Chinese married woman who has left the
protection of her husband, the magistrate may order such
person to pay to the husband of the woman compensation
not exceeding two hundred dollars.

4. Compensation payable under this Ordinance may
be recovered on complaint made by the husband of a
Chinese married woman in all respects in the same manner
as a civil debt is recoverable udder the Magistrates Ordin-
ance.

5. The making of an order for compensation under
this Ordinance shall be a bar to any further or other pro-
ceedings for damages for adultery at the suit of the person
in whose favour the order is made.





6. It shall be sufficient defence to any proceedings
under section 3 if it is proved to the satisfaction of the
magistrate that the defendant had reasonable cause, other
than from information supplied by the woman with whom
it is alleged that.the defendant has committed adultery, or
whom he is alleged to have received or harboured, to believe
that such woman was a spinster or a widow.
Originally 42 of 1912. Fraser 42 of 1912. Short title. Interpretation. Power of award compensation to husband for adultery with or harbouring Chinese married woman. Compensation recoverable summarily by husband. (Cap. 227). Order for compensation a bar to action for damages for adultery. Defence.

Abstract

Originally 42 of 1912. Fraser 42 of 1912. Short title. Interpretation. Power of award compensation to husband for adultery with or harbouring Chinese married woman. Compensation recoverable summarily by husband. (Cap. 227). Order for compensation a bar to action for damages for adultery. Defence.

Identifier

https://oelawhk.lib.hku.hk/items/show/1990

Edition

1950

Volume

v4

Subsequent Cap No.

178

Number of Pages

2
]]>
Tue, 23 Aug 2011 15:48:02 +0800
<![CDATA[REGISTRATION OF PERSONS RULES]]> https://oelawhk.lib.hku.hk/items/show/1989

Title

REGISTRATION OF PERSONS RULES

Description






REGISTRATION OF PERSONS.

REGISTRATION OF PERSONS RULES.

(Cap. 177).
(Ordinance NO. 37 Of 1949).

[19th August, 1949.]

1. These rules may be cited as the Registration of
Persons Rules.

2. In these rules-
'age' shall be determined according to the English usage
of calculation ;
'consul' means a consul de carriere or a Tradc, Commis-
sioner or other Commissioner or special representative
officially appointed as such by the tinited Kingdom
or other member of the, Commonwealth;
'consular staff' means those members of the staff of a
consul who bold appointments in the permanent home
establishment of the service of such consul
'family' means persons who are-
(a) related to or dependent on; and
(b)resident with the applicant; and includes domestic
servants resident with applicant.
'Ordinance' means the Registration of Persons Ordinance.

3. An applicant, unless the provisions of any order
made under section 4 of thc Ordinance otherwise requires,
may apply for registration elther through his cluployer ol-
in person.

4. An applicant who applies for registration through
his employer shall furnish his employer with such parti-
culars of himself and of niembers of his family being of
the age of twelve years and upwards as will enable his
employer to complete Form I(a) of the Schedule on his
behaif.





5. On receipt of particulars as set out in rule 4 an
employer shall complete Form i(a) in respect of such
applicant and shall sign the certificate appearing thereon.

6. An ciliployer shall forthwith forward Form i(a) on
completion as set out in rulf, 5 to such registration officer
as the Registration Commissioner nia), determine.

7. An applicant who applies for registration in person
shall furnish I,t registration officer with such particulars of
hirnself and of nienibers of his family being of the age
of twelve years and upwards as will enable such registra-
tion officer to complete Form 2(a) of the Schedule on his
be ha I f.

8. On receipt of particulars as set out in rule 7. such
registration officer shall complete Form 2(a) in respect of
such applicant. On completion by such registration officer,
stich applicant shall sign,the certificate appearing thereon.

9. The Registration Commissioner shall cause to be
filed. all duly completed Forms i(a) and 2(a). Such file
sliall forrin the register.

10. The Registration Commissioner shall cause identity
cards in Form 3(0) of the Schedule to be prepared by
transcription thereto of the particulars entered on Forms
i(a) and 2(a) and identity cards in Form 4(a) to be prepared
by transcription thereto of the particulars entered on Form
i(a) in respect cif consuls, their wives and children of the
age Of 12 years and upwards and consular staff, their wives
and children of the age of 12 years and upwards.

11. On such dates and in such places as a registration
officer may direct, any employer who has completed Form
i(a) in respect of any applicant shall-
(a)assemble all such applicants and applicants being
members of their families of the age of 12 years





and upwards to be photographed and for the
recording of their thumbprints on the identity
cards in Forms 3(a) and 3(b) of the Schedule and
on Form i(b) of the Schedule which latter form
shall then be issued by a registration officer to
each applicant so photographed : Provided that
the Registration Commissioner ll-lay accept photo-
graphs produced by a consul of Iiii-nself, his wife
and children of the.age of 12 years and upwards
and of his consular staff, their wives and children
of the age of 12 years and upwards, and may
dispense with the assembly Of SLICII persons for
photographing and dispense with the recording of
their thumbprints;
(b)on receipt of identity cards in FM-M 3((1) Or F01-111
4(a) of the Schedule from a registration officer in
respect of such applicants, issue to each such
applicant in person flis or her identity card first
having verified that the photograph thereon is that
of the applicant;
(c) render a signed statement to the Registration Coin-
missioner in the manner required by him to tile
effect that lie has complied with the requirerne 1 nts
of paragraph (b) of this rule.

12. On such dates and ill such places as a registration
officer may direct, any applicant in respect of whom Forin
2 (a) Il as been completed shall-
(a)attend with ol- without applicants being members
of his family of the age of 12 years and upwards
as he may be directed by a registration officer to be
photographed and to record thumbprints upon the
identity cards ill Forms 3Vi) and 3(b) Of tile
Schedule and on Forril 2(b) of the Schedule which
latter form shall then be issued by a registration
officer to each applicant so photographed ;
(b)attend with or without such applicants being
members of his family of the age of 12 years and
upwards as may be directed by a registration officer





for the ISSLIC to him or to her and to such applicants
being members of his family of identify. cards in
Form 3(a) of the Schedule.

13. Any employer who has completed Form i(a) in
respect of ally person shall on the last day of each calendar
month, forward to such registration officer as the Registration
Commissioner rnay direct, a return showing--
(a)the names and identity card numbers of persons
already registered who have died or left the employ-
ment of such employer during that month ;
(b)the names and identity card numbers of persons
already registered who have reported a change of
-iddress during that month or who have reported
any changes in the numbers of members of their
families or the attainment by any such member of
the age of 12 years;
(c)the names and identity card numbers of persons who
have bee,l taken into employment during that
month.

14. Any applicant who has been issued with an identity
card after making in application in person shall report forth-
with to a registration officer-
(a)any change of address or change in the numbers of
members of his family or the attainment by any such
member of the age of 12 years
(b) any change in occupatioll.

15. Upon the death of a person to whom an identity
card has been issued, the person in possession of his identity
card shall deliver it to a registration officer or to any police
station within seven days.after the date of the death.

16. Any person who finds a lost identity card shall
foi-tli~;llli delIver it to a registration officer ot- to any police
station.





17. When -in identity card Is lost, destroyed ol- defaced,
the person to whoni the card relates shall forthwith nolify a
registration officer. A duplicate identity card may be issued
on payment of a fee of two* dollars in place of one lost
destroyed or so defaced as to be useless for tile purposes of
identification.

18. (a) Any employer who-
(i) fails to comply with the requirements of rule i i
hereof; or
~ii) fails to render to a registration ol'licci- i return
as provided in rule i. hereof; ol-

(b)any person who fails to repyrt to his ciiipio\,ei- or
a registration officer, as the case may be, any change
of address or occupation or change in members of
his family as set out in rules i,-, and 14 hcrUOf; W-

(c)any person who, being in possession of an ideiitl't\,
card of a deceased person, fails within seven days
to deliver it to a registration officer or any police
station; or
(d)any person who, having found a lost identity card
fails to deliver it forthwith to a i-e,7isti,,,ttioii officer
or to any, police station ; ol-
(e)any person who aids mid abets or who conimands,
procures and counsels any person to conirnit any
offence made punishable bY this

shall be guilty of an offence and shall be liable, on suniniary
conviction to a fine of one thousand dollars and to iniprisoll-
rnent for six months.

19. The Registration Commissioner or such other
person or persons as he may authorize in that behalf ill
writing may make such endorsements on an identity card
as may from time to time be considered necessary or expedient
for the purpose of providing for the special identification of
the holder of such identity, ctrd.





SCHEDULE.

Employer's Sheet Identity Card
Serial No.: No.:

Form 1 (a). REGISTRATION OF PERSONS RULES.

(Rule 4). FORM 1 (EMPLOYERS RETURN).

Pursuant to the provisions of the Registration of Persons
Ordinance, Chapter 177 of the Revised Edition, I, the undersigned
employer, do hereby certify that the following is a true record of
the particulars in respect of the undermentioned person employed
by me as on the (a) 1949, and that in the attached
(b) sheets I have truly recorded the information
given by him in respect of the members of his family of the age
of twelve years and upwards.



(a) NAME OF EMPLOYER OR FIRM: Signature of Employer.

(d) ADDRESS OF EMPLOYER OR FIRM: Date:


(c) Designation of Person Signing Above:


(1) (a) Employer's(1) (b) Subsidiary Serial No.
reference number for members of family
for employee: of the age of twelve
years and upwards:

(2) Name (in English):

(3) Name (in Chinese
characters):


(4) Address (in English):


(5) Address (in Chinese
characters):


(6) Age last birthday: Sex (M. or F.):





(8)Race (if Chinese write 'C'
or if of other race write in
full):


(9)Nationality (if Chinese write
'C' or if of other nationality
write in full):


(10) Occupation:

Identity Card
No.:

Form 1 (b) (Employer should not
(Rule 11) make any entry here
except at (1) (a) or
(b) which should be
the same as the entry
at (1) (a) or (b)
above):


(Ma) Employer's reference num- (1) (b) Subsidiary Serial No.
ber for Employee: for members of family
of the age of twelve
years and upwards:


has been phatographed and should produce this receipt when
called upon to receive his identity card.

Received identity card of Thumb Print.
above reference.

Date. Signature.





Identity Card
No:

Form 2 (a). REGISTRATION OF PERSONS RULES.

(Rule 7) FORm 2 (APPLICATION FORM),

Pursuant to the provisions of the Registration of Persons
Ordinance, Chapter 177 of the Revised Edition, 1, the undersigned,
(lo hereby certify that the following is a true record of the parti-
culars in respect of myself as on the (a) and that
in the attached (b) shects is recorded the inforina-
Gon lruly given by ine in i.csl)ecl of members of my family of the
age of twelve years and upwards.



................ Signature of Applicant.



Date:


................................. Signature of Registration Officer.


(1) (a) Applicant's Reference (1) (b) Subsidiary Serial No.
number: for members of family
for the age of twelve
years and upwards:
(2) Name (in English):


(3) Name (in Chinese
characters)


(4) Address (in English):


(5) Address (in Chinese
characters):


(6) Age last birthday: (7) Sex (M. or F.)






(8) Race (if Chinese write 'C'
or if of other race write in
full):
(9) Nationality (if Chinese write
'C' or if of other nationality
write in full):

(10) Occupation:


Identity Card
No.:

Form 2 (b) (Applicant should not
(Rule 12) make any entry here FP
except at (1) (a) or
(b) which should be
the same as the
entry at (1) (a) or
(b) above)

(1)(a) Applicant's Reference(1)(b) Subsidiary Serial No.
No.: for members of the
family of the age of
twelve years and up-
wards:

has been photographed and should produce this receipt when
called upon to receive his identity card.

Received identity card of Thumb Print.
above reference.

Date: Signature.





Form 3 (a) (rules 11-12) Form 3 (b) (rules 11-12)
Identity Card
Counterfoil
----------

ENDORSEMENTS Changes of permanent
residence or address of
Hong Kong employrnent.
REGISTRATION OF PERSONS
RULES.
FORM 3 (RULES 11-12)

(1) Employers Serial No.: (1) Employers Serial No.:

(2) Name (in English) (2) Name (in English)
(3) (in Chinese) (3) (in Chinese)
(4) Address in English) (4) Address (in English)
(5) (in Chinese) (5) (in Chinese),
Employment Employment Address
Address (in English) (in English)
(in Chinese)
Date of issueIssuing Officer's
Signature.





Form 3 (b) (rules 11-12) Form 3 (a) (rules 11-12)
Counterfoil Identity card
1 2 3 4 5 6 7 1 2 3 4 5 6 7 1
(6) Age (7) Sex (6) Age (7) Sex Changes of permanent residence
or address of employment.
(8) Race
(8) Race Embossed

Photograph Photograph

(9) Nationality (9) Nationalits, j
Claimed Claimed
(10) Occupation ~(10) Occupation
Thumb Print. Thumb Print.





Form 4(a) (Rules 10 and 11) Form 40) (Rules 10 and 11) G N.A, 60/50.
Identity Card (Consular Corps.) Identity Card (Consular Corps.)

Photograph Photograph
No .................................... No . ............

GOVERNMENT OF GOVERNMENT OF
HONG KONG HONG KONG

Name of Holder ....Name of Holder
Status of Holder ..Status of Holder
.. ..............................................................
Nationality .......Nationality
Address ...........Address
Signature of Holder Signature of Holder

.........................

Colonial Secretary.

Hongkong ..........Hongkong

CHAPTER 178.

(Ordinance No. 42 Of 1912.)

CHINESE MARRIAGE PRESERVATION.

No svbsidiary legislation.
Ord. 37 of 1949, s. 13 (3) Schedule. G.N.A. 60/50. Citation. Interpretation. G.N.A. 60/50. (Cap. 177.) How applicant may apply for registration. Application through employer. Employer to complete Form 1(a). Form 1(a) to be forwarded to registration officer. Application in person. Registration Officer to complete Form 2(a). Formation of register. Preparation of identity cards. G.N.A. 60/50. Photographing and fingerprinting of applicants who apply through employers. G.N.A. 60/50. [r. 11 cont.] Photographing and fingerprinting of applicants in person. G.N.A. 60/50. Monthly return reporting changes by employers. Report of changes to registration officer by applicant in person. Death of holder of identity card. Finding of identity cards. Issue of duplicate of identity card. Offences. G.N.A. 60/50. Endorsement on identity card. G.N.A. 60/50. G.N.A. 60/50.

Abstract

Ord. 37 of 1949, s. 13 (3) Schedule. G.N.A. 60/50. Citation. Interpretation. G.N.A. 60/50. (Cap. 177.) How applicant may apply for registration. Application through employer. Employer to complete Form 1(a). Form 1(a) to be forwarded to registration officer. Application in person. Registration Officer to complete Form 2(a). Formation of register. Preparation of identity cards. G.N.A. 60/50. Photographing and fingerprinting of applicants who apply through employers. G.N.A. 60/50. [r. 11 cont.] Photographing and fingerprinting of applicants in person. G.N.A. 60/50. Monthly return reporting changes by employers. Report of changes to registration officer by applicant in person. Death of holder of identity card. Finding of identity cards. Issue of duplicate of identity card. Offences. G.N.A. 60/50. Endorsement on identity card. G.N.A. 60/50. G.N.A. 60/50.

Identifier

https://oelawhk.lib.hku.hk/items/show/1989

Edition

1950

Volume

V10

Subsequent Cap No.

177

Number of Pages

12
]]>
Tue, 23 Aug 2011 15:48:02 +0800
<![CDATA[REGISTRATION OF PERSONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1988

Title

REGISTRATION OF PERSONS ORDINANCE

Description






CHAPTER 177.

REGISTRATION OF PERSONS.

To provide for the registration of persons the issue of
identity cards aitd for purposes incidental thereto.

[19th August, 1949.]

1. This Ordinance may be cited as the Registration
of Persons Ordinance.

2. (1) In this Ordinance-
'applicant' means a person required to make application
for registration under the provisions of section 4;
'employer' means the head of any department of
government in the Commonwealth, or of any depart-
ment of the Government of Hong Kong or the
departmental or divisional head of any ecclesiastical,
charitable, educational, professional, social, commer-
cial, industrial, agricultural or fisheries organization
in the Colony;
'forgery' has the same meaning as in the Forgery
Ordinance;
'identity card' means a card of identity issued by or on
behalf of the Registration Commissioner under the
provisions of this Ordinance;
'register' means the register of persons kept by the
Registration Commissioner;
'Registration Commissioner' means the officer appointed
as commissioner of registration for the Colony;
'assistant commissioner' means an officer appointed as
assistant commissioner of registration for the Colony;
'registrar' means an officer appointed as registrar of
persons for the Colony;
'assistant registrar' means an officer appointed as assistant
registrar of persons for the Colony;
'registration officer' means the Registration. Commissioner
or any assistant commissioner, registrar or assistant
registrar.

(2) Save where the contrary expressly appears or other
provision is made by rule any order or direction required
by this Ordinance may be given verbally or in writing.





3. (1) The Governor may appoint, by name or
office, an officer to be Commissioner of Registration, and
officers to be styled assistant commissioners of registra-
tion, registrars 'and assistant registrars.

(2) The powers and discretions vested in the
Registration Commissioner hereunder and duties required
to be discharged by him may be exercised and discharged
by an assistant commissioner or such other officers as the
Governor may specify by notification in the Gazette.

4. (1) Subject to the provisions of subsection (2)
of section iS every person being in the Colony on the
coming into force of this Ordinance or. who thereafter
enters the Colony shall make application to be registered
under this Ordinance.

(2) Notwithstanding the provisions of subsection (i),
if administrative convenience so requires the Governor
may direct that such registration of all persons shall be
effected progressively according to description or category
of persons to be specified from time to time by order made
under 'this subsection and published in the Gazette.

(3) On publication. of any such order every person
so described or being a person of a category so specified
shall make application to be registered under this
Ordinance.

(4) Every application for registration made in com-
pliance with subsection (i) shall be made in manner
prescribed and every such application. made in compliance
with an. order made under subsection (2) -shall be made in
such manner as may he specified In. such order, and in
manner. prescribed.

5 (1) Every person who enters the Colony after the
publication of an order made under subsection. (2) Of
section, 4 shall, if he. is a person described or a person
of a. category specified in such order, make application
within seven days of his entry into the Colony to be
registered under this Ordinance.

(2) Every person, who is not a person described or a
person of a category specified in an order made under
subsection (2) of section 4 at the date of the publication of





such order, shall, if he subsequently becomes a person
so described or a person of such category, thereupon make
application to be registered under this Ordinance.

(3) Every application for registration made under this
section shall be made in such manner as may be specified
in such order and in manner described.

6. The Registration Commissioner shall cause to be
maintained such register as may be prescribed. in which
shall be entered the name 'and such other particulars as
may be prescribed of any applicant: Provided that a
registration officer may refuse to enter the name and
particulars or, if already entered, may delete the name and
particulars of any applicant whom he has reason to believe
has supplied him with particulars which are materially
false.

7. It shall be lawful to require applicants for registra-
tion under this Ordinance to submit to the recording of
fingerprints and the taking of photographs by the
prescribed officer.

8. It shall be lawful for a registration officer-
(a)to summon before him any person and require him
to answer any question which he may reasonably
consider necessary to ask him for the purpose of
the carrying out of the provisions of this Ordin-
ance or of rules made hereunder;
(b)to require any applicant to make such further
declaration or supply such further particulars as
he may reasonably require;
(c)to require any employer who has made application
for registration on behalf of any person to make
such further declaration or supply such further
particulars as he may reasonably require.

9. The Registration Commissioner or any police
officer authorized in writing by the Registration Commis-
sioner in that behalf, may-
(a)arrest and bring before a magistrate any person
whom he has reason to suspect of having
contravened or attempted to contravene any of the
provisions of this Ordinance or of any rules made
hereunder





(b)search the person and property and effects of any
person whom it is lawful for such officer to detain
or arrest: Provided that a female shall be
searched by a female, and that no person shall be
searched in a public place if he objects to being
so searched;
(c)search any place in which such officer has reason
to suspect that there may be anything which may
be evidence of any contravention or intended
contravention of any of the provisions of this
Ordinance or of any rules made hereunder or
which may belong to or be in the possession of or
under the sole or partial control of any person
whom it is lawful for such officer to detain. or
arrest and take and carry away any such thing.

10. (1) The Registration Commissioner shall issue
identity cards to all persons whose names and particulars
have been entered in the register.

(2) Each identity card shall be in such form and shall
contain such particulars as may be prescribed.

(3) It shall be lawful for the Registration Commis-
sioner to call for and to cancel the identity card of any
person whose name he deletes from the register in
accordance with section 6.

11. It shall be lawful for the Registration Commis-
sioner to dismiss without notice and without formal inquiry
any registrar, assistant registrar or subordinate member of
the department of the Registration Commissioner who he
is satisfied has been guilty of misconduct or has been
negligent or inefficient in the performance of his duty.

12. Any person who-
(a)fails to apply to be registered under section 4 or
5, or who obstructs any order made under section
4; or
(b)fails to comply with a requirement for the taking
of fingerprint impressions or of photographs made
under section 7, or who obstructs any such require-
ment; or
(c)fails to comply with a summons or a requirement
of a registration officer made under section 8; or





(d) commits forgery of any document, provision for
which is made in this Ordinance or in rules made
hereunder; or
(e) without lawful authority makes any mark,or entry
upon, or erases, cancels or alters any mark or entry
contained in, or otherwise defaces or destroys an
identity card, or transfers an identity card; or
(f) without lawful authority or reasonable excuse
knowingly obtains or is in possession of more than
one identity card or is in possession of an identity
card,other than his own; or
(g) makes any statement or furnishes any information
to any registration officer or to his employer under
the provisions of this Ordinance or of rules made
hereunder, whether such statement or information
be verbal or in writing, which is false in any
material particular and which he either knows or
has reason to believe is false; or
(h) resists or obstructs a registration officer or a police
officer in the performance of his duties under this
Ordinance or of rules made hereunder or who
resists or obstructs any detention, arrest, search,
seizure or removal which is authorized by this
Ordinance; or
(i) falsely pretends that he is a registration officer or
other officer appointed by virtue of this Ordinance;
or
without lawful authority purports to perform the
functions of a registration officer or other officer
appointed by virtue of this Ordinance; or
(k) attempts to commit or who aids and abets or who
commands, procures and counsels any person to
commit any offence made punishable by this
section,
shall be guilty of an offence Penalty : a fine of two
thousand dollars and imprisonment for one year.

13. (1) The Governor in Council may by rules pres-
cribe or provide for-
(a) the manner in which application for registration of
persons under this Ordinance shall be made;
(b) forms;





(c)the information to be furnished to a registration
officer;
(d)the documents to be furnished to a registration
officer;
(e)the taking and recording of photographs and
fingerprints of applicants aiid to make provision
for the destruction of the same on expiration of
this Ordinance;
the form of and the particulars to be entered in.
the register;
(g)the form of and the particulars to be entered on
identity cards, including provision for photographs
and fingerprints of the person to whom such card
relates ;
(h)the issue of duplicate identity cards in case of loss,
destruction or defacement;
(i)the custody and carriage of and the production
to specilied persons of identity cards;
(j) times and places for the attendance before a
registration officer of applicants and holders of
identity cards;
(k) exemption of any person or category of persons
either wholly or in part from the provisions of this
Ordinance;
(l) fees ;
(m)generally carrying into effect the provisions of this
Ordinance in relation to any matter, whether similar
or not to those in this subsection mentioned, as to
which it may be convenient to make rules.

(2) Any rule made under this Ordinance may provide
that a contravention thereof shall be an offence and pres-
cribe penalties therefor : Provided that no penalty so
prescribed shall exceed a fine of one thousand dollars and
imprisonment for six months.

14. The burden of proving the truth of the contents
of any written application for registration or the contents
of an identity card shall lie on the applicant, or on the
person to whom such identity card has been issued, or on
any other person alleging. the truth of such contents.

15. The following persons shall be exempted from the
provisions of this Ordinance-





(a) the Covemor;
(b) members of His Majesty's regular naval, military
or air forces in possession of the official identity
card or document of identity nornially issued to
members of Such forces;
(c) members of the police force;
(d)any bona fide traveller in transit through the
Colony provided he is in possession of a passport
or of an offiehal document of identity, bearing a
transit visa issued by a competent authority;
(e) children under the age of twelve years;
(9) any person exempted by rule made tinder section
13 :
Provided that ihe burden of proving that a person is
exempted from the provisions of this Ordinance shall be
on the person claiming exemption.

16. (1) It shall be lawful for Legislative Council by
resolution--
(a) from time to time to declare the suspension of the
operation of this Ordinance from the date named
in the resolution ; and
(b)from time to time to delcare that any suspension
declared under paragraph (a) shall termination as
from the date mentioned in the resolution.

(2) The suspension of this Ordiriance under paragraph
(b) of subsection (1) shall until the termination of such
suspension have the same effect as the repeal of an enact-
ment.

(3) The termination of the suspension under paragraph
(b) of subsection (1) shall have the same effect as if the
Ordinance had been re-enacted and come incto operadon on
the date as from which the suspension is declared to
terminate save and except that any rules which were in
force at the date when the suspersion, which has thus been
terminated, came into effect, shall revive and continue lo
have full force and effect.
37 of 1949. Short title. Interpretation. (Cap. 209). Appointments. Compulsory registration of all persons. Registration of persons becoming subject to Order after date of publication. Maintenance of register. Fingerprint impressions and photographs. Registration officer may call for further information. Powers of Registration Commissioner. [s. 9 cont.] Identity cards. Disciplinary powers of Registration Commissioner. Offences. Rules [s. 13 cont.] No presumption regarding contents of identity cards, etc. Exemptions. Power to suspend or revive operation of the Ordinance.

Abstract

37 of 1949. Short title. Interpretation. (Cap. 209). Appointments. Compulsory registration of all persons. Registration of persons becoming subject to Order after date of publication. Maintenance of register. Fingerprint impressions and photographs. Registration officer may call for further information. Powers of Registration Commissioner. [s. 9 cont.] Identity cards. Disciplinary powers of Registration Commissioner. Offences. Rules [s. 13 cont.] No presumption regarding contents of identity cards, etc. Exemptions. Power to suspend or revive operation of the Ordinance.

Identifier

https://oelawhk.lib.hku.hk/items/show/1988

Edition

1950

Volume

v4

Subsequent Cap No.

177

Number of Pages

7
]]>
Tue, 23 Aug 2011 15:48:01 +0800
<![CDATA[DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1987

Title

DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE

Description






CHAPTER 176.

DEATHS REGISTRATION (SPECIAL REGISTERS).

To authorize the Registrar of Births and Deaths to keep
special registers of deaths for the Purpose of registering
deaths previously registered in specified lost registers
of deaths formerly kept by the Registrar of Births and
Deaths.

[31st December, 1947.]

PART I.
PRELIMINARY.

1. This Ordinance may be cited as the Deaths
Registration (Special Registers) Ordinance.

2. In this Ordinance-
'death certificate (1896)' means a certified and scaled copy.
of an.entry of a death, given pursuant to section 21
of the Births and Deaths Registration Ordinance,
1896;
'death certificate (1934)' means a certified and scaled copy
of an entry of a death, given pursuant to section 23
of the principal Ordinance;
'general register office' means the office of the Registrar;
'lost register (1896)' means any register book of deaths
.formerly kept in accordance with the provisions of the
Births and Deaths Registration Ordinance, 1896 and
which, under section 3 of this Ordinance is deerned
to have been lost;
'lost register (1934)' means any register book of deaths
formerly kept in accordance with the provisions of the
principal Ordinance and which, under section 3 Of
this Ordinance, is deemed to have been lost;
'No. 1 register (1896)' means a special register of deaths
kept under the provisions of this Ordinance for the
purpose of. registering death certificates (1896) ;
'No. 2 register (1896)' means a special register of deaths
kept under the provisions of this Ordinance for the
purpose of registering evidence other than a death
certificate (1896) of previous registration in the lost
register (1896) ;





'No. 1 register (1934)' means a special register of deaths
kept under the provisions of this Ordinance for the
purpose of registering death certificates (1934) ;
'No. 2 register (1934)' means a special register of deaths
kept under the provisions of this Ordinance for the
purpose of registering evidence other than a death
certificate (1934) of previous registration in the lost
register (1934) ;
'principal Ordinance' means the Births and Deaths
Registration Ordinance;
'Registrar' means the Registrar of Births and Deaths;
'Special register of deaths' means the No. 1.register
(1896), or the No. 2 register (1896), or the No. 1 register
(1934), or the No. 2 register (1934), as the context
requires.

PART II.

GENERAL.

3. All the register books of deaths specified in Part
I and Part II of the First Schedule are hereby deerned
to have been permanently lost as from 25th day of
December, 1941.

4. For the purposes of this Ordinance the Registrar
shall cause to be printed in the prescribed form, and kept
in the general register office, special register books of
deaths as follows-
(a) No. 1 register (1896);
(b) No. 2 register (1896);
(c) No. 1 register (1934);
(d) No. 2 register (1934).

5. (1) Any person in possession ofa death certificate
(1896) may require the Registrar to register the death to
which such certificate relates in the No. 1 register (1896)
and such death shall be registered accordingly without
payment of any fee.

(2) Any person in possession of a death certificate
(1934) rnay require the Registrar to register the death to
which such certificate relates in the No. 1 register (1934)
and such death shall be registered accordingly without
payment of any fee.





6. (1) . Any person who is unable to produce a death
certificate (1896) but who by means of other evidence
satisfies, the Registrar that the death to which such
evidence relates was registered in the lost register (1896)
may require the Registrar to register the death in the No.
2 register (1896) and such death shall be registered
accordingly without payment of any fee.

(2) Any person who is unable to produce a death
certificate (1934) but who by means of other evidence
satisfies the Registrar that the death to which such evidence
relates was registered in the lost register (1934) may require
the Registrar to register the death in the NO. 2 register
(1934) and such death shall be registered accordingly
without payment of any fee.

(3 ) No death shall be registered in the No. 2 register
(1896) or the No. 2 register-(1934) except with the consent
of the Registrar and the fact of such consent having been
given shall be entered in any such register.

7. The Registrar shall cause indexes of the special
register of deaths to be made, and any person shall be
entitled on payment of the prescribed fee to require the
Registrar to cause a search to be made of such indexes
and register and to receive a copy of any entry in the said
register certified under the hand of the Registrar and sealed
or stamped with the seal or stamp of the general register
office.

8. (1) The Registrar shall cause to be sealed or
stamped with the seal or stamp of the general register
office all certified copies of entries given in the said office.

(2) Every entry and every certified copy of an entry
in the No. 1 register (1896) shall be received as evidence of
the death to which the same relates without other or
further proof of such entry.

(3) Every entry and every certified copy of an entry
in the No. 1 register (1934) shall be of equivalent evidential
value to that accorded to a death certificate (1934) by
section 23 of the principal Ordinance.

(4) No entry and no certified copy of any entry in
the No. 2 register (1896) or the No. 2 register (1934) shall





be received as evidence of the death to which the same
relates without other or further proof of such entryi

9. There shall be paid in respect of any matter for
which a fee is prescribed under this Ordinance, the fees
specified respectively in Part I of the Fourth Schedule. ,

10. Any person who having custody of the special
register of deaths or certified copies thereof, or of any part
thereof, carelessly loses or injures the same or carelessly
allows the same to be injured whilst in his keeping shall
be deemed to have committed a breach of the provisions
of this Ordinance and upon summary conviction shall be
liable to a fine of one thousand dollars.

11. Any person who wilfully destroys or injures, or
causes to be destroyed or injured, any such register or any
part or certified copy of any part thereof, shall be guilty
of a misdemeanor triable summarily and liable to imprison-
ment for two years.

12. With regard to the correction of errors in the
special register of deaths, the following provisions shall
have effect-
(a)no alteration in any such register shall be made
except as authorized by this Ordinance;
(b)any clerical error which may be discovered in any
such register shall, as soon as possible, be
corrected by the Registrar, who shall place his
initials in the margin opposite the entry in which
such error has been discovered;
(c)an error of fact or substance in any such register
may be corrected by entry in the margin (without
any alteration of the original entry) by the
Registrar on payment of the prescribed fee and on
production to him by the person requiring such
error to be corrected of a declaration in the
prescribed form setting forth the nature of the
error and the true facts of the case, and made
by two credible persons to the satisfaction of the
Registrar having knowledge of the truth of the
case, and the Registrar shall initial such marginal
entry and shall add thereto the day and month
and year when such correction is made.





13. (1) The forms prescribed in the Schedules shall
be used in the cases to which they refer.

(2) The Governor in Council may by regulations
provide for the due carrying out of this Ordinance, and
may by such regulations amend the Schedules.

FIRST SCHEDULE. [s. 3.1]
LoST REGISTERS OF DEATHS.
PART I.
Registers of. deaths for merly kept pursuant to the Births and
Deaths Registrations Ordinance, 1896 (No. 7 of 1896).

Serial Particulars of lost registers Office where death
No. of deaths. registered.
1. Register for the period 3rd Kowloon Registry Office.
October,1931, to 31st
December,1931, both days
inclusive.
2. Register for the period 28th do
September,1932, to 31st
December,1932, both days
inclusive.
3. Register for the year 1924. Yaumati Police Station.

PART II.
Registers of deaths formerly kept pursuant to the Births and
Deaths Registration Ordinance (Chapter 174 of the Revised Edition).

Serial Particulars of lost registers Office where death
No. of deaths. registered.
1. Registerfor the period 1stGeneral Register Office.
September 1937, to 29th
November, 1937, both days
inclusive.
2. Register for the period 10th do -
April, 1938, to 15th August,
1938, both days inclusive.
3. Register for the period 29th do -
March, 1939, to 3rd May, 1939,
both days inclusive.
4. Register for the. period 13th do -
November, 1941, to 24th
December, 1941, both days
inclusive.
5. Registerfor the period 1stAberdeen Police Station
January,1940, to 24th
December, 1941, both days
inclusive.





Serial Particulars of lost registers Office where death
No. of deaths. registered.
6. Register for theperiod 1st Stanley Police Station.
January,1939, to 24th
December,1941, both days
inclusive.
7. Register for theperiod 1st Kowloon Registry
January,1940, to 24th Office.
December,1941, both days
inclusive.
8. Register for the period 1st Au Tau Police Station.
January, 1940, to 24th
December, 1941, both days
inclusive.
9. Register for the period 1st Cheung Chau Police
January, 1939, to 24th Station.
December, 1941, both days
inclusive.
10. Register for the period 1st Lok Ma Chau Police
January,1939, to 24th Station.
December, 1941, both days
inclusive.
11. Register for the period 1st Ping Shan Police
January,1939, to24th Station.
December,1941, both days
inclusive.
12. Register for the period 1st Sai Kung Police Station
January,1939, to 24th
'December,1941, both days
inclusive.
13. Register for the period 1st Sha Tau Kok Police
January,1939, to 24th Station.
December, 1941, both days
inclusive.
14. Register for the period 1st Sha Tin Police Station.
January,1940, to 24th
December,1941, both days
ii.clusive.
15. Register for the period 1st Sheung Shui Police
January, 1939, to 24th Station.
December, 1941, both days
inclusive
16, Register for the period 1st Tai O Police Station.
January, 1939, to 24th
December, 1941, both days
inclusive.
17. Register for the period 1st Tai Po Police Station.
January, 1939, to 24th Station.
December, 1941, both days
inclusive.
18. Register for the period 1st Tsun Wan Police
January, 1939, to 24th Station.
December, 1941, both days
inclusive.





SECOND SCHEDULE. [s. 4.]

FoRm 1. [No. 1 Register (1896).]

REGISTER BooK OF DEATHS.

19 Deaths in the district of Hong Kong.




FORm 2. [No. 2 Register (1896).]

REGISTER BOOK OF DEATHS.

19 Deaths in the district ofHong Kong.






THIRD SCHEDULE. [s. 4.]

FORM 1. [No. 1 Register (1934).]

REGISTER BOOK OF DEATHS.
19 Deaths in the district of Hong Kong.




FoRm 2. [No. 2 Register (1934).]

REGISTER BOOK op DEATHS.

19 Deatlis in the district ofHong Kong.






FOURTH SCHEDULE. [s.9]
PART I.
FEES.
The following fees shall be paid in connexion with searches,
corrections of errors and certified copies of entries in the register
books-
1. A search either in indexes or in the register books
for any given entry over a period not exceeding five years,
i.e. a particular search ............$1.00
2. A search either in indexes or in the register books
for information other than that concerning any given entry
i.e. a general search ...............5.00
3. A correction of an error in any register book 1.00
4. A. certified copy of an entry in any of the register
books.............................................................................. 1.00
But if posted to an addressee outside the Colony ... 2.00

[s. 12.]
PART II.
Form 1.
DECLARATION FOR CORRECTION OF ERROR IN
SPECIAL REGISTER OF DEATHS.
We .................................A.B . and
C.D . ....hereby solemnly and sincerely declare that when
the death of .E.F . .....was registered on
the ..........day of ....19 , the following
errors of fact or substance occurred in the register, viz., (here set
forth the error or errors).
And we further solemnly and sincerely declare that the true
facts of the case are as follows-(here set forth the true facts).

Dated the ...day of....................................... 19

.(Signed). A.B.

C.D.
Before me,

(Signed)

Justice of the Peace.
51 of 1947. 22 of 1950. Short title. Interpretation. (7 of 1896). (Cap. 174). Death registers deemed lost. First Schedule. Register books. Second Schedule. Forms 1 and 2. Third Schedule. Forms 1 and 2. Requirement of registration in No. 1 registers. Requirement of registration in No. 2 registers. Indexes and searches. Official seal and evidential value of entries in registers and certified copies thereof. Fees. Fourth Schedule. Part I. Penalty for loss or injury of register. Penalty for destroying register. 22 of 1950, s. 3. Correction of errors in register. Fourth Schedule. Part II, Form I. Forms. Regulations. Schedules.

Abstract

51 of 1947. 22 of 1950. Short title. Interpretation. (7 of 1896). (Cap. 174). Death registers deemed lost. First Schedule. Register books. Second Schedule. Forms 1 and 2. Third Schedule. Forms 1 and 2. Requirement of registration in No. 1 registers. Requirement of registration in No. 2 registers. Indexes and searches. Official seal and evidential value of entries in registers and certified copies thereof. Fees. Fourth Schedule. Part I. Penalty for loss or injury of register. Penalty for destroying register. 22 of 1950, s. 3. Correction of errors in register. Fourth Schedule. Part II, Form I. Forms. Regulations. Schedules.

Identifier

https://oelawhk.lib.hku.hk/items/show/1987

Edition

1950

Volume

v4

Subsequent Cap No.

176

Number of Pages

9
]]>
Tue, 23 Aug 2011 15:48:01 +0800
<![CDATA[BIRTHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1986

Title

BIRTHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE

Description






CHAPTER 175.

BIRTHS REGISTRATION (SPECIAL REGISTERS).

To authorize the Registrar of Births and Deaths to keep
special registers of births for the purpose of registering
births previously registered in specified lost registers
of births formerly kept by the Registrar of Births and
Deaths.
[18th December, 1947.]

PART I.

PRELIMINARY.

1. This Ordiriance may be cited as the Births
Registration (Special Registers) Ordinance.

2. In this Ordinance-
'birth certificate(1872)' means a certified and sealed copy
of an entry of a birth, given pursuant to section 16
of the Births and Deaths Registration Ordinance, 1872;
'birth certificate (1896)' means a certified and scaled copy
of an entry of a birth, given pursuant to section 21 Of
the Births aiid Deaths Registration Ordinance, 1896;
'birth certificate (1934)' means a certified and sealed copy
of an entry of a birth, given pursuant to section 24
of the principal Ordinance;
'general register office' means the office of the Registrar;
'lost register (1872)' means any register book of births
formerly kept in accordance with the provisions of the
Births and Deaths Registration Ordinance, 1872 and
which, under section 3 of this Ordinance, is deemed
to have been lost;
'lost register (1896)' means any register book of births
formerly kept in accordance with the provisions of the
Births and Deaths Registration Ordinance, 1896 and
which, under section 3 of this Ordinance, is deemed
to have been lost;
'lost register (1934)' means any register book of births
formerly kept in accordance with the provisions of the
principal Ordinance and which, under section 3 of this
Ordinance, is deemed to have been lost;





'No. 1 register (1872)' means a special register of births
kept under the provisions of this Ordinance for the
purpose of registering birth certificates (1872);
'No. 2 register (1872)' means a special register of births
kept under the provisions of this Ordinance for the
purpose of registering evidence other than a birth
certificate (1872) of previous registration in the lost
register (1872) ;
'No. 1 register (1896)' means a special register of births
kept under the provisions of this Ordinance for the
purpose of registering birth certificates (1896);
'No. 2 register (1896)' means a special register of births
kept under the provisions of this Ordinance for the
purpose of registering evidence other than a birth
certificate (1896) of previous registration in the lost
register (1896) ;
'No. 1 register (1934)' means a special register of births
kept under the provisions of this Ordinance for the
purpose of registering birth certificates (1934) ;
'No. 2 register (1934)' means a special register of births
kept under the provisions of this Ordiriance for the
purpose of registering evidence other than a birth
certificate (1934) of previous registration in the lost
register (1934)
'principal Ordinance' means the Births and Deaths Regis-
tration Ordinance,
'Registrar' means the Registrar of Births and Deaths;
'special register of births' means the No. 1 register (1872),
or the NO. 2 register (1872), or the No. 1 register (1896),
or the No. 2 register (1896), or the No. 1 register (1934),
or the No. 2 register (1934), as the context requires.

PART II.

GENERAL.

3. All the register books of births specified in Part
I, Part II and Part III of the First Schedule are hereby
deemed to have been permanently lost as from 25th day
of December, 1941.

4. For the purposes of this Ordinance the Registrar
shall cause to be printed in the prescribed form, and kept





in the general register office, special register books of births
as follows-
(a) No. 1 register (1872);
(b) No, 2 register (1872)
(c) No. 1 register (1896)
(d) No. 2 register (1896)
(e) No. 1 register (1934)
(f) No. 2 register 0934).

5. (1) Any person in possession of a birth certificate
(1872) may require the Registrar to register the birth to
which such certificate relates in the No. 1 register (1872)
and such birth shall be registered accordingly without
payment of any fee.

(2) Any person in possession of a birth certificate
(1896) inay require the Registrar to register the birth to
which such certificate relates in the No. 1 register (1896)
and such birth shall be registered accordingly without
payment of any fee.

(3) Any person in possession of a birth certificate
0934) may require the Registrar to register the birth to
which such certificate relates in the No. 1 register (1934)
and such birth shall be registered accordingly without
payment of any fee.

6. (1) Any person who is unable to produce a birth
certificate (1872) but who by means of other evidence
satisfies the Registrar that his birth was registered in the
lost register (1872) may require the Registrar to register
his birth in the No. 2 register (1872) and such birth shall
be registered accordingly without payment of any fee.

(2) Any person who is unable to produce a birth
certificate (1896) but who by means of other evidence
satisfies the Registrar that his birth was registered in the
lost register (1896) may require the Registrar to register
his birth in the No. 2 register (1896) aiid such birth shall
be registered accordingly without payment of any fee.

(3) Any person who is unable to produce a birth
certificate (1934) but who by means of other evidence
satisfies the Registrar that his birth was registered in the





lost register (1934) may require the Registrar to register
his birth in the No. 2 register (1934) and such birth shall
be registered accordingly without payment of any fee.

(4) No birth shall be registered in the No. 2 register
(1872), the No. 2 register (1896) or the No. 2 register (1934)
except with the consent of the Registrar and the fact of
such consent having been given shall be entered in any
such register.

7. The Registrar shall cause indexes of the special
register of births to be made, and any person shall be
entitled on payment of the prescribed fee to require the
Registrar to cause a search to be made of such indexes and
register and to receive a copy of any entry in the said
register certified under the hand of the Registrar and sealed
or stamped with the seal or stamp of the general register
office.

8. (1) The Registrar shall cause to be sealed or
stamped with the seal or stamp of the general register office
all certified copies of entries given in the said office.

(2) Every. entry and every certified copy of an entry
iii the No. 1 register (1872) and in the No. 1 register (1896)
shall be received as evidence of the birth to which the same
relates without other or further proof of such entry.

(3) Every entry and every certified copy of an entry
in the No. 1 register (1934) shall be of equivalent evidential
value to that accorded to a birth certificate (1934) by section
24 of the principal Ordinance.

(4) No entry aiid no certified copy of an entry in the
No. 2 register (1872), the No. 2 register (1896) or the No. 2
register (1934) shall be received as evidence of the birth to
which the same relates without other or further proof of
such entry.

9. There shall be paid in respect of any matter for
which a fee is prescribed under this Ordinance, the fees
specified respectively in Part I of the Fifth Schedule.





10. Any person who having custody of the special
register of births or certified copies thereof, or of any part
thereof, carelessly loses or injures the same or carelessly
allows the same to be injured whilst in his keeping shall
be deerned to have committed a breach of the provisions
of this Ordinance and upon summary conviction shall be
liable to a fine of one thousand dollars.

11. Any person who wilfully destroys or injures, or
causes to be destroyed or injured, any such register or any
part or certified copy of any part thereof, shall be guilty
of a misdemeanor triable summarily and be liable to
imprisonment for two years.

12.1 With regard to th c correction of errors in the
special register of births, the following provisions shall
have effect-
(a)no alteration in any such register shall be made
except as authorized by this Ordinance;
(b)any clerical error which may be discovered in any
such register shall, as soon as possible, be corrected
by the Registrar, who shall place his initials in the
margin opposite the entry in which such error has
been discovered ;
(c)an error of fact or substance iii any such register
may be corrected by entry in the margin (without
any alteration of the original entry) by the
Registrar on payment of the prescribed fee and on
production to him by the. person requiring such
error to be corrected of a declaration in the
prescribed form setting forth the niture of the error
aiid the true facts of the case, and made by two
credible persons to the satisfaction of the Registrar
having knowledge of the truth of the case, and
the Registrar shall initial such marginal entry and
shall add thereto the day and month and year when
such correction is made.

13. (1) The forms prescribed in the Schedule shall
be used in the cases to which they refer.

(2) The Governor in Council may by regulations
provide for the due carrying out of this Ordinance, and
may by such regulations amend the Schedules.





FIRST SCHEDULE. [s. 3.]G.N.
A.214/49.
LOST REGISTERS OF BIRTHS.

PART I.
Registers of births formerly kept pursuant to the Births and
Deaths Registration Ordinance, 1872 (No. 7 of 1872).

Serial Particulars of lost registers Office where birth
No. of births. registered.
1. Register for the period 19th General Register Office.
August, 1874, to 31st Decem-
ber, 1874, both days inclusive.
2. Register for the period 1st do -
January, 1875,to 13th
September, 1896, both days
inclusive.
3. Register for the period 1st Aberdeen District Office.
January, 1873,to 13th
September, 1896, both days
inclusive.
4. Register for the period 1st Yaumati District Office.
January, 1888,to 13th
September, 1896, both days
inclusive.

PART II.
Registers of births formerly kept pursuant to the Births and
Deaths Registration Ordinance, 1896 (No. 7 of 1896). (In force
on 14.9.1896 by Proclamation No. 3 of 1896).

Serial Particulars of lost registers Office where birth
No. of births. registered.
1. Register for the period 14th General Register Office.
September, 1896, to 31st
December, 1900, bothdays
inclusive.
2.Register for the years 1903 to - do -
1911.
3. Register for the period 1st - do -
January, 1912, to 27th
October 1912, both days
inclusive.
4. Register for the period 14th Aberdeen District Office.
September, 1896, to 31st
December, 1912, both days
inclusive.
5. Register for the period 14th Yaumati District Office.
September, 1896, to 31st
December, 1912, both days
inclusive.
6. Register for the years 1908 to Kowloon City District
1912. Office.





PART III.
Registers of births formerly kept pursuant to the Births and
Deaths Registration Ordinance (Chapter 174 of the Revised Edition).

Serial Particulars of lost registers Office where birth
No. of births. registered.
1. Register for the years 1936 and General Register Office.
1937.
2. Register forthe period 5th do
November, 1941, to 24th
December, 1941, both days
inclusive.
3. Register for the period 18th Eastern District Office.
April, 1936, to 31st December,
1936, both days inclusive.
4. Register for the year 1937. - do -
5. Register for the period 11th Western District Office.
March, 1937, to 31st Decem
ber, 1937, both days inclusive.
6. Register for the period 1st - do -
January, 1940, to 24th
December, 1941, both days
inclusive.
7. Register for the years 1936 and Central District Office.
1937.
8. Register for the period 1st - do -
January, 1940, to 24th
December, 1941, both days
inclusive.
9. Register for the period 8th June, Shaukiwan District
1937, to 31st December, 1937, Office.
both days inclusive.
10. Register for the period 1st Stanley District Office.
January, 1940, to 24th
December, 1941, both days
inclusive.
11. Register for the period 1st Aberdeen District Office.
January, 1940, to 24th
December, 1941, both days
inclusive.
12.Register for the years 1936 and Yaumati District Office.
1937.
13.Register for the period 11th - do -
December, 1940, to24th
December, 1941, bothdays
inclusive.
14. Register for the period 3rd Shamshuipo District
December, 1940, to 24th Office.
December, 1941, bothdays
inclusive.
15. Register for the period 1st Hung Hom District
January, 1940, to 24th Office.
December, 1941, both days
inclusive. .





Serial Particulars of lost registers Office where birth
No. of births. registered.

16. Register for the period 1st Kowloon City District
January, 1940, to 24th Office.
December, 1941, both days
inclusive.
17. Register for the years 1936 and Au Tau District Office.
1937.
18. Register for the period 8th - do -
April, 1941, to 24th December,
1941, both days inclusive.
19. Register for the period 1st Cheung Chau District
January, 1940 ' to 24th Office.
December, 19411 both days
inclusive.
20. Register for the period 1st Lok Ma Chau District
January, 1940, to 24th Office.
December, 1941, both days
inclusive.
21. Register for the period 1st Ping Shan District
January, 1940, to 24th Office.
December, 1941, both days
inclusive.
22. Register for the period 1st Sai Kung District Office.
January, 1940, to 24th
December, 1941, both days
inclusive.
23. Register forthe period 1st Sha Tau Kok District
January,1940, to 24th Office.
December,1941, bothdays
inclusive.
24. Register forthe period 1st Sha Tin District Office.
January,1940, to 24th
December,1941, bothdays
inclusive.
25. Register forthe period 1st Sheung Shui District
January,1940, to24th Office.
December,1941, bothdays
inclusive.
26. Register for the year 19.37. Tai Po District Office.
27. Register forthe period 1st do -
January, 1940, to 24th
December, 1941, both days
inclusive.
28. Register for the period 1st Tsun Wan District
January, 1940, to24th Office.
December, 1941, both days
inclusive.
29. Register for the year 1937.Tai O District Office.
30. Register for the period 1st - do -
January,1940 ' to 24th
December,1941, both days
inclusive.





SECOND SCHEDULE. [s. 4.]

FORM 1.(No. 1 Register (1872) ).
1872. Births in the District of Hong Kong.



FoRm 2. (No. 2 Register (1872)

1872. Births in the District of Hong Kong.

Baptismal





THIRD SCHEDULE. [s. 4.]

FORM 1. (No. 1 Register (1896)
REGISTER BOOK OF BIRTHS.
19 Births in the district of Hong Kong.



FORm 2. (No. 2 Register (1896)
REGISTER BOOK or BIRTHS.

19 Births in the district of Hong Kong.





FOURTH SCHEDULE. [s. 4.1]
FORM 1. (No. 1 Register (1934)

REGISTER BOOK OF BIRTHS.
19 Births in the district of Hong Kong.




FORm 2. (No. 2 Register (1934)

REGISTER BOOK or BIRTHS.
19 Births in the district of Hong Kong.






[s. 9.]
FIFTH SCHEDULE.

PART I.

FEES.
The following fees shall be paid in connexion with searches,
corrections of errors and certified copies of entries in the register
book-
1. A search either in indexes or in the register books
for any given entry over a period not exceeding five years,
i.e. a particular search ..........$1.00
2. A search either in indexes or in the register books
for information other than that concerning any given entry
i.e. a general search ............................................. 5.00
3. A correction of an error in any register book 1.00
4. A certified copy of an entry in any of the register
books .............................1.00
But if posted to an addressee outside the Colony ... 2.00

PART II.
Form 1.
DECLARATION FOR CORRECTION OF ERROR IN [s. 12.]
SPECIAL REGISTER OF BIRTHS.

We . .A.B . ......and .....C.D .
hereby solemnly and sincerely declare that when the birth
of .....E.F . ............was registered on the
..........................day of 19 , the following
errors of fact or substance occurred in the register, viz., (here set
forth the error or errors)..

And we further solemnly and sincerely declare that the true
facts of the case are as follows-(here set forth the true facts).

Dated the ...day of ...., 19

(Signed) A.B.

C.D.

Before me,

(Signed)
Justice of the Peace.
50 of 1947. 26 of 1949. 22 of 1950. Short title. Interpretation. (7 of 1872.) (7 of 1896.) (Cap. 174). Birth registers deemed lost. First Schedule. Register books. [s. 4 cont.] Second Schedule. Forms 1 and 2. Third Schedule. Forms 1 and 2. Fourth Schedule. Forms 1 and 2. Requirement of registration in No. 1 registers. Requirement of registration in No. 2 registers. Indexes and searches. Official seal. Evidential value of matter from various registers. Fees. Fifth Schedule. Part I. Penalty for loss or injury of register. Penalty for destroying register. 22 of 1950, s. 3. Correcting of errors in register. Fifth Schedule. Part II. Form I. Forms. Power to make regulations. Schedule. G. N. A. 214/49. [First Sch. Cont.]

Abstract

50 of 1947. 26 of 1949. 22 of 1950. Short title. Interpretation. (7 of 1872.) (7 of 1896.) (Cap. 174). Birth registers deemed lost. First Schedule. Register books. [s. 4 cont.] Second Schedule. Forms 1 and 2. Third Schedule. Forms 1 and 2. Fourth Schedule. Forms 1 and 2. Requirement of registration in No. 1 registers. Requirement of registration in No. 2 registers. Indexes and searches. Official seal. Evidential value of matter from various registers. Fees. Fifth Schedule. Part I. Penalty for loss or injury of register. Penalty for destroying register. 22 of 1950, s. 3. Correcting of errors in register. Fifth Schedule. Part II. Form I. Forms. Power to make regulations. Schedule. G. N. A. 214/49. [First Sch. Cont.]

Identifier

https://oelawhk.lib.hku.hk/items/show/1986

Edition

1950

Volume

v4

Subsequent Cap No.

175

Number of Pages

12
]]>
Tue, 23 Aug 2011 15:48:00 +0800
<![CDATA[BIRTH CERTIFICATE (SHORTENED FORM) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1985

Title

BIRTH CERTIFICATE (SHORTENED FORM) REGULATIONS

Description






BIRTHS AND DEATHS REGISTRATION.

BIRTH CERTIFICATE (SHORTENED FORM)
REGULATIONS.

(Cap. 174, section 29).
(Ordinance No. 21 Of 1934).
(Cap. 175, section 13).
(Ordinance No. 50 Of 1947).

[8th October, 1948.]

1. These regulations may be cited as the Birth Certi-

ficate (Shortened Forin) Regulations.

2. In these regulations-
'short birth certificate'- rneans a certificate of birth the
forrp of which is prescribed by regulatiOll 3;
'registered person' means a person in respect of whose
birth an application for a short birth certificate is made
and whose birth is registered or recorded in any
register or record in the custody of the Registrar;
'the entry' in relation to a reyistered person means the
entry relating to him appearing in any such register
or record as aforesaid.

3. The form of certificate of birth to be issued by the
mgistrar at the general register office under section 23 Of
the Births and Deaths Registration Ordinance in a case to
which these regulations apply, shall be the form set out
in the Schedule hereto.

4. An applicant for a short birth certificate to which
these regulations apply shall furnish to the registrar at the
general register office, except where the application is rnade
to him at the time of registration of the birth, the following
particulars relating to the registered person-
(a) his name and surname
(b) the date and place of his birth
(c) the name and surname of his father; and





(d)the name, surname and maiden surname of his
mother :
Provided that the registrar at the general register office
may dispense with the furnishing of any of the said parti-
culars which in his opinion it is not reasonablY practicable
for the applicant to furnish.

5. (1) A short birth certificate to which these regula-
tions apply shall be compiled in accordance with and s11:111
contain the particulars required by, paragraphs (2) to (4)
of this regulation.

(2) Opposite the words 'Name and Surname' in the
form of short birth certificate there shall be inserted the
registered person's name as recorded in the entry, arid
immediately thereafter there shall be inserted-
(a)where it appears from the entry that the registered
person is legitimate, the surnarne of his father as
recorded therein, ol. if more than one such sur-
name is so recorded, then such one of them as
the applicant inay request;
(b)where it appears from the entry, that the registered
person is illegitimate, the surname of his mother
as'recorded therein, or, if more than one surname
is so recorded, or if the birth is registered on the
joint information of his mother and father, then
the surname to be inserted in the short birth
certificate shall be SLICII 011C Of the Stli-fl,'1111CS
recorded in the entry as the applicant may request;
so however that no such surname shall be so
inserted which appears from the entry not to have
been in use a[ the time when the birth was regis-
tered.

(3) Opposite the words 'Sex' and 'Date of Birth'
respectively shall be inserted the particulars thereof in the
entry.

(4) Opposite the words 'I'lace of BirW' there shall
be inserted the name of the registration district and register
office in Hong Kong in which the birth was registered.





SCHEDULE.

FORM OF CERTIFCATE FOR ISSUE BY A REGISTRAR.

Name and Surname ..................................................................
Sex ..........................................................................................
Date of Birth ...........................................................................
Place of Birth ...........................................................................

I, A.B. a Registrar of Births and
Deaths do hereby certify that the above particulars have been com
piled from an entry in a register in the custody of the Registrar.

Witness my hand this day of 19

A.B.
(Signed) ................................................
a Registrar of Births and Deaths.

CHAPTER 175.

BIRTHS REGISTRATION (SPECIAL
REGISTERS).

BIRTH CERTIFICATE (SHORTENED FORM)
REGULATIONS.

(Cap. 175, section 13)
(Ordinance No. ,50 of 1947.)

(For above regulations sue. under Cap. 174.)

CHAPTER 176.
(Ordinance No. 51 Of 1947)

DEATHS REGISTRATION (SPECIAL REGISTERS).

No subsidiary legislation.
G.N.A. 248/48. Citation. Interpretation. Form of certificate. (Cap. 174.) Particulars to be furnished by applicants. [r. 4 cont.] Manner of compilation of short certificate and particulars to be contained therein. G.N.A. 248/48.

Abstract

G.N.A. 248/48. Citation. Interpretation. Form of certificate. (Cap. 174.) Particulars to be furnished by applicants. [r. 4 cont.] Manner of compilation of short certificate and particulars to be contained therein. G.N.A. 248/48.

Identifier

https://oelawhk.lib.hku.hk/items/show/1985

Edition

1950

Volume

V10

Subsequent Cap No.

174

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:48:00 +0800
<![CDATA[BIRTHS AND DEATHS REGISTRATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1984

Title

BIRTHS AND DEATHS REGISTRATION ORDINANCE

Description






CHAPTER 174.

BIRTHS AND DEATHS REGISTRATION.

To covsolldate and amend the law relating to the registra-
tion of births aibd deaths.

[10th August, 1934.]

1. This Ordinance may be cited as the Births and
Deaths Registration Ordiriance.

2. In this Ordinance-
'house' includes any building, structure, or vessel;
'occupier' includes the warden, keeper, master, manager,
director, matron, superintendent, superior, or other
chief resident officer of every convent or public or
charitable or religious or educational institution, and,
where a house Is let or sub-let in separate floors or
rooms or compartments, includes any person residing
in such house who either receives or pays rent for such
separate floors or rooms or compartments. In cases
where a whole house is occupied by any person with-
out being let or sub-let as aforesaid, such person shall,
whether lie is the owner or not, be deemed to be the
occupier;
'public institution' includes a prison, lock-up, reformatory
school, certified industrial school, house of detention,
mental hospital and hospital;
'Registrar' means the Registrar of Births and Deaths,
and includes any deputy registrar of births and deaths
and, where the reference is to registration in a district,
includes also any assistant registrar of births or deaths,
as the case may be, for the district in question.

3. (1) The office of the Medical Department shall be
the general register office for keeping a register of all births
and deaths occurring in the Colony.

(2) The Director of Medical aiid Health Services shall.
be the Registrar of Births and Deaths.

(3) The Governor may appoint such deputy registrars,
assistant registrars, clerks and subordinate officers as may
be necessary for the purposes of this Ordiriance : Provided
that, unless otherwise directed by the Governor, the





officer in charge at eacli police station and disinfecting station
and the principal clerk at eacli public dispensary mentioned
in the First Schedule shall be assistant registrars of births or
deaths, as the case may be, for their respective districts.

4. (1) The Registrar shall cause to be printed and
supplied to all register offices set out in the First Schedule
register books of births and register books of deaths which
shall be respectively in the prescribed form.

(2) The particulars required to be registered concern-
ing any birth or death shall be the particulars specified in
the said forms.

(3) Four separate register books shall be kept at each
of the said registry offices-
(a)a birth register book for the nornial registration of
births ;
(b)a death register book for the normal registration of
deaths;
(c)a post register book of births for the late registra-
tion of births ;
(d)a post register book of deaths for the late registra-
tion of deaths.
Entries of births and deaths shall, in the case of non-
Chinese, be in the English language and, in the case of
Chinese shall be both in the English and the Chinese
languages.

5. (1) The registrar at every register office, other than
the general register office, shall cause to be sent to the
general register office, once in each month or as directed by
the Registrar, certified copies of all entries niade in hils
register book during the preceding month.

(2) The Registrar shall cause the said certified copies to
be bound, from time to time, and preserved for record at the
general register office together with the register books at that
office.

6. From time to time aiid as often as may be necessary
the Registrar or a deputy registrar shall visit cach district
registry office to inspect the registry books and confer with
the assistant registrar as to the facts regarding registration in
his district.





7. The father of every child born alive in the Colony,
or, in case of death, illness, absence, or inability of the father,
the mother of such child, or in case of the death, illness,
absence, or inability of the father and mother, the occupier
of the house in which such child has been born, or any person
present at the birth, shall, within fourteen days after the day
of such birth, give information to a registrar according to the
best of his or her knowledge and belief, of the several parti-
culars required to be registered, and shall, in the presence of
such registrar, sign the register.

8. (1) In case any child is born in, or any new-born
child is admitted to, any public institution, convent orother
charitable or religious institution, it shall be the duty of the
person having charge of such institution or convent to ascer-
tain from the mother of such child or person bringing such
child such information of the particulars required to be regis-
tered concerning the birth of such child as can be elicited and
to cause such information to be given to a registrar within
fourteen days.

(2) In case any living new-born child is found exposed,
it shall be the duty of any person finding such child, and of
any person in whose charge such child may be placed, to
report such finding to a registrar, and within fourteen days
to give, to the best of his knowledge and belief, such informa-
tion of the particulars required to be registered concerning
the birth of such child as the informant possesses, aiid, in the
presence of such registrar, to sign the register.

9. (1) In every case where the information required by
sections 7 and 8 is given within fourteen days of the birth of
any child, exclusive of the day of birth, such birth shall be
registered, without any fee, in the birth register book.

(2) When such information is given after the expiration
of the said fourteen days and within twelve months after the
said birth, exclusive of the day of birth, the birth shall be
registered, on payment by the informant of a fee of one
dollar, in the post register book of births.

(3) No birth shall be registered after the expiry of
twelve months froni the date thereof except with the consent
of the Registrar and then only on payment by the informant





of a fee of ten dollars, and the fact of such consent having
been given shall be entered in the post register book of birdis
in which such birth is registered.

(4) Any person obtaining registration of any birth
under any subsection of this section shall be entitled at the
time of registration to receive free a certificate of such regis-
tration in the prescribed form.

10. Notwithstanding the omission to report or furnish
information as to any birth within fourteen days it shall be
the duty of every registrar to procure by all means in his
power the best aiid most accurate information respecting any
birth which may have occurred within his district and to cause
the same to be registered as prescribed by section 9.

11. (1) Every registrar shall,- immediately after the
registration with him of the birth of any child, give a notice,
in the prescribed form, to the parent or person reporting the
birth, drawing attention to the requirements of any, enactment
relating to vaccination.

(2) Every registrar shall keep a book in which lie shaM
enter, in such form as the Registrar directs, minutes of the
notices of vaccination given by him.

12. In the case of an illegitimate child, no person shall,
as father of such child, be required to give information con-
cerning the birth of such child, and there shall not be entered
in the register the name of any person as father of such child,
except at the joint request of the mother and of the person
acknowledging himself to be the father, and such person shall
in such case sign the register together with the mother. For
the purposes of this Ordinance every child of every Chinese
male shall be deemed to be a legitimate child, and such
Chinese male shall be deemed to be the father of such child.

13. (1) In every case where it is desired after registra-
tion to alter or add to the name of any child whose birth has
been registered with a name, or to give a name or names to
any child whose birth has been registered without a nanie,
ihe parent or guardian of such child may make a declaration
in writing before a registrar in the prescribed form : Pro-
vided that whenever it is shown to the satisfaction of the





registrar that, owing to death or absence from the Colony or
ether reasonable cause, the parent or guardian is unable to
attend to rnake a declaration in writing in accordance with
this section, it shall be lawful for the registrar, in his discre-
tion, upon such evidence as he may in the circumstances
deern sufficient, to act in all respects as if a declaration in
writing had been made under this subsection before him
personally.

(2) The registrar shall thereupon, without erasure of the
previous entry, forthwith enter in the register the name or
nanies proposed to be substituted or added, and shall, if
required, on payment of a fee of one dollar issue a certificate
in the prescribed form.

(3) For every such entry made within a period of forty-
two days from the date of the birth no fee shall be paid. For
every such entry made after such forty-two days a fee of one
dollar shall be paid.

(4) In this section, 'name' shall not include 'sur-
name'.

(5) Where any entry under this section has been made
in any district register office the assistant registrar shall
forward forthwith to the Registrar particulars of the entry
made in order that the necessary alterations shall be made in
the register at the general register office.

14.. (1) When a person dies in a house it shall be the
duty of the nearest relatives of the deceased present at the
death or in attendance during his last illness, and, in default
of such relatives, of each person present at the death or in
attendance during the last illness, and of any occ pier of the
house in which, to his knowledge, the death took place, and,
in default of any such persons, of each inmate of such house,
and of the person causing the body of the deceased to be
buried, to give, to the best of his knowledge and belief, to a
registrar within twenty-four hours (exclusive of the time
necessary for the journey and of any intervening hours of
darkness and of general holidays as defined by the Holidays
Ordiriance) after such death, information of the particulars
required to be registered concerning such death, and in the
presence of the registrar to sign the register : Provided that
where no such informant as aforesaid is forthcoming, the





person finding the body shall within twenty-four hours after
such finding proceed as provided in subsection (2).

(2) When a person dies in a place which is not a house,
or a dead body is found elsewhere than in a house, it shall
be the duty of every relative of the deceased, having know-
ledge of any of the particulars required to be registered
concerning the death, and, in default of such relative, of every
person present at the death, and of any person finding and of
any person taking charge of the body, and of the person
causing the body to be buried, to give to the officer in charge
of the nearest police station, within twenty-four hours after
the death or the finding, such information of the particulars
required to be registered concerning the death as the
informant possesses, aiid such particulars shall be forthwith
forwarded by the said officer to a registrar.

(3) When an inquiry is held by a magistrate into the
death of any person the magistrate holding the inquiry shall
inquire of the particulars required to be registered concerning
the death and shall send to the Registrar within twenty-four
hours after the termination of the inquiry, a certificate under
his hand giving information concerning the death and
specifying the said particulars and the time and place at which
the inquiry was held and the Registrar shall cause the deaths
and particulars to be duly registered. When an inquiry is
held by a magistrate on an), dead body no person shall with
respect to such dead body or death be subject to any penalty
for failing to give information in pursuance of any other
provision of this Ordinance.

(4) After the expiration of forty-eight hours from any
death or the finding of any dead body or the completion of
an inquiry by a magistrate whichever is latest (exclusive of
the time necessary for the journey and of any general holi-
days as defined by the Holidays Ordinance) the death shall
be registered in the post register book of deaths.

15. (1) Notwithstanding any omission to report, or
furnish information as to any death within the time laid down
in section 14, it shall be the duty of every registrar to procure
by all means in his power the best and most accurate informa-
tion respecting any death which may have occurred within
his district and cause the same to be registered.





(2) In every case in which a registrar receives informa-
tion of the death in the Colony of any citizen of the United
States of America, he shall at once inform the Official
Administrator of the fact, through the Registrar, in order
that the necessary information may be forwarded to the
nearest consular officer of the United States.

16. (1) No person, unless acting under the written
sanction or direction of a registrar, shall remove, or assist or
attempt to remove, or procure the removal of, or bury any
dead body until a certificate of registration of death under
scctiOn 17 has been issued, or an order to bury or cremate has
been obtained from a magistrate : Provided always that
where interment is urgent aiid it is not possible promptly to
procure such certificate or order, it shall be the duty of any
person who may desire to remove or bury a dead body to
report the same at the nearest police station, when the
inspector or other officer in charge may issue forthwith a
permit in the prescribed form. The issue of such permit
shall be forthwith reported to a registrar by the issuing
officer, and shall not exonerate the persons required by this
Ordinance to give information respecting the death of aily
person from giving the information required.

(2) No person shall remove, or assist or attempt to
remove, or procure the removal of a dead body from the
Colony until lie lias obtained frorn a registrar a certificate in
the prescribed form.

17. (1) A. registrar, immediately on registering any
death or as soon thereafter as lie may be required to do so,
shall, without any fee, deliver, either to the person giving
information concerning the death or to the undertaker or other
person having charge of the funeral, a certificate under his
hand in the prescribed form, that such death has been duly
registered, and such certificate shall be delivered by such
undertaker or other person to the officer in charge of the
police station for the district where the death was registered :
Provided always that any magistrate may order any body
to be buried or cremated, if he thinks fit, before registration
of the death, and shall in such case. give a certificate of his
order in writing under his hand in the prescribed form to
the relative of the deceased or other person who causes the





body to be buried or cremated or to such undertaker or other
person having charge of the funeral, and such certificate shall
be delivered by the recipient to such police officer, as afore-
said.

(2) In addition to the certificates mentioned above, any
person obtaining registration under section 14 shall be
entitled at the time of registration to receive a free certificate
in the prescribed form.

18. No person shall wilfully bury or procti re to be buried
the body of any deceased chil d as if it were still-born. No
person shall bury or procure to be buried any still-born child,
unless there is delivered to him either-
(a)a written certificate in the prescribed form that such
child was not born alive, signed by a registered
medical practitioner who was in attendance at the
birth or has examined the body of such child; or
(b)a declaration in the prescribed form signed by some
person who would, if the child had been born alive,
have been required by this Ordinance to give in-
formation concerning the birth, to the effect that no
medical practitioner was present at the birth, or that
his certificate cannot be obtained, or that the child
was not born alive; or
(c) an order of a magistrate.

19. When there is in the coffin in 'which any deceased
person is brought for burial the body of any other deceased
person or the body of a still-born child, the undertaker or
other person who has charge of the funeral shall deliver to
the officer in charge of the,police station for the district where
the death occurred or where such body was found a.notice in
writing, signed by such undertaker or other person, stating
to the best of his knowledge aiid belief, with respect to eacli
body, particulars in the prescribed form.

20. With respect to certificates of the cause of death,
the following provisions shall have effect-
(a)the Registrar shall, on the application in writing
of a registered medical practitioner, furnish him with
a book of printed forms of certificates of death in the
prescribed form;





(b) in case of the death of any person who has been
attended during his last illness by a registered
medical practitioner, that practitioner shall forthwith
sign and give to some person required by this
Ordinance to give information concerning the death
a certificate, in the form prescribed by this section,
stating to the best of his knowledge and belief -the
cause of death, and including a statement as to
whether any, and if so what, anaesthetic was
administered during the said illness and, if so, how
long before death it was administered, and such
person shall, on giving information concerning the
death, deliver that certificate to a registrar; and the
cause of death as stated in that certificate shall be
entered in the register;
(c) where an inquiry is held on the body of any deceased
person, or where a magistrate has issued a burial
order, a medical certificate of the cause of death
need not be given;
(d) for the purpose of securing uniformity in the death
returns, the* cause of death certified by a registered
medical practitioner, or by any medical officer in
any branch of His Majesty's service, or by any
magistrate shall, so far as possible, be described in
strict accordance with the nomenclature d diseases
of the Royal College of Physicians of London. If
in any certificate the cause of death is not so
described, it shall be lawful for a registrar to refuse
to register the cause of death as thus certified, and to
proceed in the manner provided by section 21 for
cases in which that officer suspects that the reported
cause of death is not the true cause.

21. In case of the death of any person who has not been
attended during his last illness by any registered medical
practitioner, or in any case in which a registrar suspects that
the reported cause of death is not the true cause, it shall be
the duty of the Registrar to institute or cause to be instituted
immediate inquiries with a view to ascertaining the true cause
of death.





22. (1) The Registrar shall cause indexes of the register
books in the general register office and in district offices to be
made, and any person shall be entitled on payment of the fee
prescribed by subsection (2) or (3), as the case may be, to
require a registrar to cause a search to be made of such
indexes and register books, and any such person shall be
entitled to receive a copy of any entry in the said register
books, certified under the hand of a registrar and sealed or
stamped with the seal or stamp of the general register office,
for which a fee of one dollar shall be paid : Provided that a
fee of two dollars shall be paid in respect of any such copy
required to be posted by a registrar to an addressee outside
the Colony.

(2) A search, either in indexes or in district registers
or in the register books of the general register office, for any
given entry over any period not exceeding five years shall be
deemed a particular search, and a fee of one dollar shall be
paid. in respect of every such particular search.

(3) A search either in indexes or in district registers or
in the register books of the general register office for informa-
tion other than that concerning any given entry shall be
deemed a general search the fee for which shall be five
dollars.

(4) No person except a registrar and officers specially
authorized by the Registrar shall search in indexes or in
district registers or in the register books of the general
register office.

23. (1) Any pet-son shall, on payment of a fee of fifty
cents and on furnishing the prescribed particulars, be entitled
to obtain from a registrar in the general register office, a
shortened form of certificate in the prescribed form of the
birth of any person compiled from the records and registers
in the custody of the Registrar.

(2) The power conferred by section 29 of this Ordiriance
and by section 13 of the Births Registration (Special
Registers) Ordinance, on the Governor in Council to make
regulations shall include power to make regulations prescrib-
ing the forms of certificate to be issued under this section,
the particulars to be furnished by applicants for certificates
thereunder, the manner in which those certificates are to be





compiled, and the particulars which are to be'con'tained
therein, so, however, that no certificate issued under this
section shall include any particulars except the name, sur-
name, sex and date of birth and such other particulars, if any,
as may be prescribed, not being particulars relating to
parentage or adoption.

24. (1) The Registrar shall cause to be made a seal of
the general register office and shall cause to be sealed or
stamped therewith all certified copies of entries, given in the
said office.

(2) Every entry and every certified copy of an entry in
a registry book for the registration of births or of deaths shall
be received as evidence of the birth or death to which the
same relates without other or further proof of such entry:
Provided that no such entry in a post register book shall be
deemed proof of the birth or death to which it relates without
other or further evidence thereof :Provided, also, that no
certified copy purporting to be given in the said office shall
be of any force or effect unless it is sealed or stamped as
aforesaid, and unless the entry to which it relates either
purports to have been signed by some person professing to
be the informant aiid to be such person as required by this
Ordinance to give information to a registrar concerning such
birth or death, or purports to have been made upon a certi
ficate from a magistrate or otherwise in pursuance of the
provisions of this Ordiriance, or, where more than twelve
months have intervened between the day of a birth or death
and the day of the registration of such birth or death, unless
it purports to have been made with the consent and authority
of the Registrar. [23]

25. Any person who-
(a)being charged with the duty of registering births or
deaths, refuses or, without reasonable excuse, omits
to register any birth or death of which he has had
due notice as aforesaid; or,
(b)having the custody of any register book or certified
copies thereof, or of any part thereof, carelessly loses
or injures the same, or carelessly allows the same to
be injured wbilst in his keeping,





shall be deemed to have committed a breach of the provi-
sions of this Ordinance. [24]

26. Any person who wilfully destroys or injures, or
causes to be destroyed or injured, any such register book
or any part or certified copy of any part thereof, shall be
guilty of a misdemeanor triable summarily aiid liable to
imprisonment for two years. [25]

27. With regard to the correction of errors in registers
of births or deaths, the following provisions shall have
effect-
(a) no alteration in any such register shall be made
except as authorized by this Ordiiiance;
(b) any clerical error which may be discovered in any
such register shall, as soon as possible, be corrected
by a registrar, who shall place his initials in the
margin opposite the entry in which such error has
been discovered;
(c) an error of fact or substance in any such register
may be corrected by entry in the margin (without
any alteration of the original entry) by a registrar
on payment of the fee of one dollar and on produc-
tion to him by the person requiring such error to be
corrected of a declaration in the prescribed form
setting forth the nature of the error and the true
facts of the case, and inade by two persons required
by this Ordiriance to give information concerning
the birth or death with reference to which the error
has been made, or, in default of such persons, then
by two credible persons to the satisfaction of the
registrar having knowledge of the truth of the case,
and the registrar shall initial such marginal entry
and shall add thereto the day and month and year
when such correction is made; and
(d) where an error of fact or substance (other than an
error relating to the cause of death) occurs in the
information given to the Registrar by a magistrate
concerning a dead body upon which he has held an
inquiry, or in respect of which he has issued a burial
order, he may, if satisfied by evidence upon oath or





statutory declaration that such error exists, certify
under his hand to the Registrar the nature of the
error and the true facts of the case as ascertained by
him on such evidence, aiid the error may thereupon
be corrected by that officer in the register by entering
in the margin (without any alteration of the original
entry) the facts as so certified by such magistrate,
and he shall initial such marginal entry and shall
add thereto the day and month and year when such
correction is made. [26]

28. Except where otherwise specially provided by this
Ordinance, any person who commits any breach or infringe
ment of any of the provisions of this Ordinance or fails to
perform any duty imposed upon him by this Ordinance shall
upon summary conviction be liable to a fine of one thousand
dollars or six months' imprisonment. [27]

29. (1) The forms prescribed in the Schedule shall be
used in the cases to which they refer.

(2) The Governor in Council may by regulations
provide for the due carrying out of this Ordinance, and
may by such regulations amend the First and Second
Schedules. [28]

30. The registers of births and deaths kept under
former Ordinances shall, as hitherto, be preserved by the
Registrar, and all the provisions of this ' Ordinance relating
to entries in registers, alterations of or additions to registers,
searches of registers, copies of entries in registers, custody
of registers, or destruction of or injury to registers, and the
provisions of any Ordinance relating to any offences in
respect of registers of births or deaths authorized or required
to be kept under this Ordinance, shall mutatis mutandis
apply to the said registers kept under former Ordinances :
Provided that it shall be lawful for the Registrar to keep
separat . e supplementary register books for the purpose of
registering the births of any persons who were born before
the commencement of this Ordinance and whose births were
not registered in the registers formerly kept under former
Ordinances. [29]





FIRST SCHEDULE [ss. 3, 4 and 29.]

BIRTH REGISTER OFFICES.





DEATH REGISTER OFFICES.






SECOND SCHEDULE. [s. 29.]

FORM 1. [s. 4 (1) (2).]

Register book of births.
19 Births in the district of Hong Kong.




FORm 2.[s. 4 (1) (2).]
Register book of deaths.
19 Deaths in the district ofHong Kong.






FORm 3. [s. 9 (4).]

Certificate of Registration of Birth.

Name of child ...........................................................................

Sex ..........................................................................................

Date of birth ...............................................

Date registered ..........................................................................

Name of mother ........................................................................

Address at birth ......

Signature of registrar ...............................................................

This certificate must be produced on demand by a police officer
to prove that the name of the person entered has beLn registered.


No fee is payable for this certificate.

FoRm 4. [s. 11 (1).]

To .........................................................

..............

Take notice that under the provisions of THE VACCINATION
ORDINANCE, 1923 all children born in the Colony must be vaccinated
within six weeks from the date of birth by a medical practitioner or
pubjic vaccinator, and the certificate of successful vaccination or of
unfitness for, or of insusceptibility to successful vaccination, which
will be furnished to you by the vaceinator, must be sent to this office
within seven days, from the date of the certificate.

...................
a Registrar of Births and Deaths.

Address .....................................

................. 195









FoRm 5. [s. 13(1).]

De claration for altering or adding to the name of a child.
I (Name) ..................................................................................
(Address) .................................................................................
(Description) ............................................................................
Parent [or guardian] of the child of ...........................................

and ......whose birth was registered on
the .........day of ........, under the
name (s) of .do solemnly, sincerely and
truly declare that I desire
Strike out (a) to add the name (s) of .......................................
either (a) to the above-mentioned
or (b) as
required. name (s).
(b) to alter the above-mentioned name(s) to ...............
Before me,

(Signed.) A.B.,
Parent [or Guardian].
(Signed.)
Registrar.





FORM 6.
Declaration of name of child.
I (Name) .................................................................................
(Address) .................................................................................
(Description) ............................................................................
Parent [or guardian] of the child of ..........................................
and ..................whose birth was registered
on the ...............day of
without a name, do solemnly, sincerely and truly declare that the
said child has received the name(s) of and that
I desire that the said name(s) shall be added to the register.

(Signed.) A.B.,
Parent [or Guardian.]

Before me.

(Signed.)
Registrar.

FoRm 7. [s. 13 (2).]
Certificate of registration of alteration of name of child.
I, A.B., Registrar [or Deputy or Assistant Registrar] of Births and
Deaths, do hereby certify that the name [or names] of
by which a child of one C.D. and E.F. was registered on the
day of ' 19, has [or have] been altered to
and that such alteration has been entered in the
register book.

Dated the day of 19
(Signed.) A.B., a Registrar of Births and Deaths.
Fee $1.

FoRm 8. [s. 13 (2).]
Certificate of registration of name of child.
I, A.B., Registrar [or Deputy or Assistant Registrar] of Births
and Deaths do hereby certify that the name [or names] of
has [or have] been given to the child of one C.D. and E.F. whose
birth was registered on the day of ' 19
and that such name or names has [or have] been entered in the
register book.
Dated the day of 19
(Signed.) A.B., a Registrar of Births and Deaths.
Fee $1.





FORM 9. [s. 16 (1).]
Permit for removal and burial of dead body.
Permission is hereby given of to remove
and bury the dead body of one called from the
floor of No. to
Dated the day of 19
(Signed.) Officer in charge.
No. Police station.

No fee is payable for this permit.

FoRm 10. [s. 16 (2).]
Permit for removal of dead body from the Colony.
Permission is hereby given to of to remove
from the Colony the dead body of one called

Dated the day of 19

(Signed.) A.B., a Registrar of Births and Deaths.

No fee is payable for this permit.

FoRm 11. [17 (1).]
Certificate of Registration of Death.
I, A.B., a registrar of deaths in the district of do
hereby certify that the death of lias been duly registered
by me on the day of 19

Dated the day of 19

(Signed.) A.B., a Registrar of Births and Deaths.

No fee is payable for this certificate.

FoRm 12. [s. 17 (1).]
Order for burial of body.
I, A.B., a magistrate of Hong Kong do hereby order the burial
[or cremation] of the body now shown [or repoited] to me as the
body of.

Dated the day of 19.

(Signed.) A.B., Magistrate.





FoRm 13. [s. 17 (2).]
Certificate of Registration of Death.
Name of deceased person ............................................................
Sex ..........................................................................................
Age .........................................................................................
Date of death ...........................................................................
Date registered .........................................................................
Address at death .....................................................................
Signature of registrar ...............................................................
This certificate must be produced on demand by a police officer
to prove that the name of the person entered has been registered.


No fee is payable for this certificate.


FORM 14. [s. 18 (a).]
Certificate of still-birth.

I, A.B., registered medical practitioner in the Colony of Hong
Kong, hereby certify that I was in attendance at the birth of the
child of Mrs. C.D. [or have examined the body of the child of Mrs.
C.D.] and that such child was not born alive.

Dated the day of ' 19

(Signed.) A.B., Registered medical practitioner.

FORM 15.

Declaration as to still-birth. [s. 18 (b).]
I, A.B., do solemnly and sincerely declare that no registered
medical practitioner was present at the birth of the child of Mrs.
C.D. which occurred on the day of ' 19 '
[or that Mr. E.F., registered medical practitioner, was present at
the birth of the child of Mrs. C.D. which occurred on the
day of ' 19 , but that his certificate
according to Form 14 in the Second Schedule to the Births
and Deaths Registration Ordinance, (Chapter 174 of the Revised
Edition) cannot be obtained, or that the child of Mrs. C.D. which
was born on the day of 19 was
not born alive].
Dated the day of 19

(Signed.) A.B., Legal informant.

Before me,

(Signed.) Justice of the peace.





FORM 16. [s. 19.]

Notice where coffin contains more than one body.

1, A.B., hereby give you notice that in the coffin in which C.D.
is brought for burial there is the body of E.F., a male [or female]
lately residing at No.

Dated the day of 19

(Signed.) A.B., Undertaker for person in charge of funeral].

FORM 17. [s. 19.]
Notice where coffin contains more than one body.

I, A.B., hereby give you notice that in the coffin in which C.D.
is brought for burial there is a body which has been found exposed
and that the name and place of abode of the person whose body has
been found are unknown.

Dated the day of ' 19

(Signed.) A.B., Undertaker [or person in charge of funeral].

FORM 18.

Notice where coffin also contains the body of a child.

I, A.B., hereby give you notice that in the coffin in which C.D.
is brought for burial there is the body of a deceased child, name
unknown for of a still-born child] and the name and place of abode
of the father [or mother] of such child are and No.

Dated the day of ' 19

(Signed.) A.B., Undertaker [or person in charge of funeral].





(M.D. 854) FoRm 19. [s. 20(a).]
No. of corres
Counterfoil for the nding entry
use of the Medical: BIRTHS AND DEATHS REGISTRATION ORDINANCE. PO
At in register book
tendant, who should (Chapter 174 of the Revised Edition). of deaths to be
in all cases fill it up. inserted her
MEDICAL CERTIFICATE OF by the regis-
THE CAUSE OF DEATH trar.
To be given by the medical attendant to the person whose dut
it is to give it, with information of the death,
to a registrar and to no other person.

Name
of
Deceased .................
I HEREBY CERTIFY that I attended ...................................................
during the last illness; that such person's age was stated to be .....................
Age......................................that I last saw h on the day of 19 ;
that ...died* ..........on the ...day
of .....19 .............; at .....and that, to the best of
Last seen ........................my knowledge and belief the cause of death was as hereunder
written. An anaesthetic, namely was administeredt
---------*.before the death of (or, if such was the
administered before the death of ........................
Died on case anaesthetic,
............ ....................... )
...........Should the medical attendant not feel justified in taking upon himself
At ........the responsibility of certifying the fact of death, he may here insert
...........the words 'as I am informed.'
...........t Insert here how long before death the anaesthetic was administered.
...........Approximate
Deceased's interval
nationality CAUSE OF DEATH between onset
and death.
Deceased's
profession ...............
I. Disease or condition (a) ....................
d rectly leading to due to (or as a
Deceased's death.t consequence of)
address ...............
Antecedent causes (The Inform.
Morbid conditions, if (b) ..................... ant should read
CAUSE OF DEATH anygiving rise to due to (or as a
the notice on
theabovecause, consequence of) the back of
stating the under- this form.)
lying condition last. (e) ....................
(a) ............
due to (or as a 11. Other significant con
consequence of) ditions contributing
to the death, but not .........
related to the disease
(b) or condition causing ...........................
due to (or as a
consequence of) This does not mean the mode of dying e.g., heart failure,
asthenia, etc. It means the disease, injury, or complies-
........tion which caused death.
........A
(c)
Other significant ......Deceased's nationality Dated, the day of 19
conditions
Profession Signature
address ...Registered qualification
Signed

Date






place of death Residence
...............................
.........N.B-THIS CERTIFICATE IS INTENDED SOLELY FOR THE USE
.........i OF THE REGISTRAR to whom it should be delivered by the person giving
.........information to him of the particulars required by law to be registered
.........concerning the death. Penalty of $1000 or 6 months imprisonment for
.........neglect of informant to deliver this certificate to the registrar or an assistant
.........reotrar.
Signed
.........The Registrar of Births and Deaths cautions all persons against accepting
.........or using this certificate for any purpose whatever except that of delivering
Date ....it to himself or an assistant registrar.
[OVER]





(BACK OF FORM 19)

N O T I C E

By section 20 of the Births and Deaths Registration Ordinance, (Chapter
174 of the Revised Edition) it is enacted that whenever a registered medical
practitioner has been in attendance during.the last illness of a deceased person
such practitioner shall sign and give to a qualified informant of the death a
certificate of the cause of death, and including a statement as to whether any,
and if so what, anaesthetic was administered during the said illness. The
informant is bound to deliver the certificate to a registr.
Persons qualified to be informants for the registration of the death, and to
whom only this certificate should be given-
1. A RELATIVE of the deceased present at the death.
2. A RELATIVE Of the deceased in attendance during the last illness.
3. A person present at the death.
4. A person in attendance during the last illness.
5. The occupier of the house in which the death occurred.
6. An inmate of the house in which the death occurred.
7. The person who caused the body to be buried.

Penalty for failing to give information within the 24 hours (in which travelling
time and general holidays as defined by the Holidays Ordinance (Chapter 149
of the Revised Edition) shall not be included) next following death is $1,000
or 6 months imprisonment.
Informants must be prepared to state accurately to the regist-ar or an
assistant registrar the following particulars-
(1). The date and place of death;
(2). The full names and surname of deceased.
(3). The correct age of deceased; and
(4). The rank, profession, or occupation of deceased and nationality so
far as is known. [If deceased is a child or an unmarried person
without occupation or property the full names and rank or profession
of the father will be required (except in the case of illegitimate
children); if a wife or widow those of the husband or deceased
husband.]

FORm 20. [s. 27 (c).]
Declaration for correction of error in register.

We, A.B., and C.D., hereby solemnly and sincerely declare that
when the birth [or death] of E.F. was registered on the
day of 19 , the following errors of fact or
substance occurred in the register, viz., [here set forth the error
or errors].
And we further solemnly and sincerely declare that the true facts
of the case are as follows:-[here set forth the true facts].
Dated the day of ' 19
(Signed.) A.B.
C.D.
Before me,
(Signed.) Justice of the peace.
21 of 1934. 18 of 1948. 34 of 1939. 10 of 1948. 26 of 1949. 22 of 1950. Short title. Interpretation. General register office and staff thereof. [s. 3 cont.] First Schedule. Register books. First Schedule. Second Schedule. Forms 1 and 2. Certified copies of entries in district registers to be sent to general register office for record. Inspection. Duty of parent or occupier to register birth. [cf. 37 & 38 Vict. C. 88, s. 1.] Information respecting living new-born child to be given to a registrar. 37 & 38 Vict. C. 88, s. 3. Registration of births, certificates of birth. 34 of 1939, s. 2. 34 of 1939, s. 2. [s. 9 cont.] Second Schedule. Form 3. Duty of registrar to procure registration of births. Notice as to necessity for vaccination. Second Schedule. Form 4. Saving for father of illegitimate child. 37 & 38 Vict. C. 88, s. 7. Registration of name of child or of alteration of name. 37 & 38 Vict. c. 88, s. 8. Second Schedule. Forms 5 and 6. Second Schedule. Forms 7 and 8. Information of death to be given in various cases to registrar, etc. 37 & 38 Vict. C. 88, s. 10. (Cap. 149). [s. 14 cont.] 37 & 38 Vict. C. 88, s. 11. (Cap. 149). Duty of registrars to procure registration of deaths. Deaths of U.S., citizens. Restriction on removal of dead body. Second Schedule. Form 9. Second Schedule. Form 10. Issue of certificate of registration of death or certificate of order for burial. Second Schedule. Form 11. Second Schedule. Form 12. [s. 17 cont.] Second Schedule. Form 13. Burial of deceased child as still-born, etc. 37 & 38 Vict. C. 88, s. 18. Second Schedule. Forms 14 and 15. Notice where coffin contains more than one body. 37 & 38 Vict. C. 88, s. 19. Second Schedule. Forms 16, 17 and 18. Provisions as to certificates of cause of death. 37 & 38 Vict. c. 88, s. 20. Second Schedule. Form 19. Duty of registrar when deceased not attended by medical practitioner, or where in doubt as to cause of death. Searches of books and indexes in general register office, certificates, fees, etc. 10 of 1948, s. 2. Particular search. General search. Who may search. Shortened form of birth certificate. (10 & 11 Geo. 6, c. 12.) 18 of 1948, s. 2. (Cap. 175.) Official seal. Evidential value of entry of certificate. Penalty for not duly registering births and deaths. [s. 25 cont.] Penalty for destroying register book. 22 of 1950, s. 3. Correction of errors in register. 37 & 38 Vict. C. 88, s. 36. Second Schedule. Form 20. Penalty. 22 of 1950, Schedule. Forms and power to make regulations and amend the Schedules. Registers formerly kept under former Ordinances. G. N. A. 65/48. G. N. A. 186/49. G. N. A. 143/48. G. N. A. 65/48. G. N. A. 143/48.

Abstract

21 of 1934. 18 of 1948. 34 of 1939. 10 of 1948. 26 of 1949. 22 of 1950. Short title. Interpretation. General register office and staff thereof. [s. 3 cont.] First Schedule. Register books. First Schedule. Second Schedule. Forms 1 and 2. Certified copies of entries in district registers to be sent to general register office for record. Inspection. Duty of parent or occupier to register birth. [cf. 37 & 38 Vict. C. 88, s. 1.] Information respecting living new-born child to be given to a registrar. 37 & 38 Vict. C. 88, s. 3. Registration of births, certificates of birth. 34 of 1939, s. 2. 34 of 1939, s. 2. [s. 9 cont.] Second Schedule. Form 3. Duty of registrar to procure registration of births. Notice as to necessity for vaccination. Second Schedule. Form 4. Saving for father of illegitimate child. 37 & 38 Vict. C. 88, s. 7. Registration of name of child or of alteration of name. 37 & 38 Vict. c. 88, s. 8. Second Schedule. Forms 5 and 6. Second Schedule. Forms 7 and 8. Information of death to be given in various cases to registrar, etc. 37 & 38 Vict. C. 88, s. 10. (Cap. 149). [s. 14 cont.] 37 & 38 Vict. C. 88, s. 11. (Cap. 149). Duty of registrars to procure registration of deaths. Deaths of U.S., citizens. Restriction on removal of dead body. Second Schedule. Form 9. Second Schedule. Form 10. Issue of certificate of registration of death or certificate of order for burial. Second Schedule. Form 11. Second Schedule. Form 12. [s. 17 cont.] Second Schedule. Form 13. Burial of deceased child as still-born, etc. 37 & 38 Vict. C. 88, s. 18. Second Schedule. Forms 14 and 15. Notice where coffin contains more than one body. 37 & 38 Vict. C. 88, s. 19. Second Schedule. Forms 16, 17 and 18. Provisions as to certificates of cause of death. 37 & 38 Vict. c. 88, s. 20. Second Schedule. Form 19. Duty of registrar when deceased not attended by medical practitioner, or where in doubt as to cause of death. Searches of books and indexes in general register office, certificates, fees, etc. 10 of 1948, s. 2. Particular search. General search. Who may search. Shortened form of birth certificate. (10 & 11 Geo. 6, c. 12.) 18 of 1948, s. 2. (Cap. 175.) Official seal. Evidential value of entry of certificate. Penalty for not duly registering births and deaths. [s. 25 cont.] Penalty for destroying register book. 22 of 1950, s. 3. Correction of errors in register. 37 & 38 Vict. C. 88, s. 36. Second Schedule. Form 20. Penalty. 22 of 1950, Schedule. Forms and power to make regulations and amend the Schedules. Registers formerly kept under former Ordinances. G. N. A. 65/48. G. N. A. 186/49. G. N. A. 143/48. G. N. A. 65/48. G. N. A. 143/48.

Identifier

https://oelawhk.lib.hku.hk/items/show/1984

Edition

1950

Volume

v4

Subsequent Cap No.

174

Number of Pages

23
]]>
Tue, 23 Aug 2011 15:47:59 +0800
<![CDATA[PLEASURE GROUNDS AND BATHING PLACES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1983

Title

PLEASURE GROUNDS AND BATHING PLACES ORDINANCE

Description






CHAPTER 173.

PLEASURE GROUNDS AND BATHING PLACES.

To regulate certain pleasure grounds, bathing places.. and
places of public resort.

[24th July, 1936.]

1. This Ordinance may be cited as the Pleasure
Grounds and Bathing Places Ordinance.

2. In this Ordinance-
'custodian' means any watchman, keeper or other person
employed by any public department in any pleasure
ground ' bathing place or place of public resort to which
this Ordinance for the time being applies.

3. (1) The Governor in Council may make regulations
with reference to any pleasure ground, bathing place or place
of public resort, or any part thereof, for the time being in-
cluded in the Schedule, for the following purposes- . ,
(a)the preservation of order aiid the prevention of
nuisances therein ;
(b) the days and times of admission thereto
(c) restriction of access by the public thereto
(d) preservation of property therein ;
(e)the appointment of committees to manage the same,
their tenure of office, their powers and procedure and
the audit of their accounts ;
the provision, setting apart, maintenance and use
therein, subject to such conditions as the Governor
in Council may think fit, by clubs and others of-
(i) rifle range;
(ii) grounds, lawns, courts or greens for cricket,
football, tennis, hockey, bowls, golf, polo or other
games;
(iii) swimming baths or pools;
(iv) apparatus and equipment for the same;
(g)the construction, maintenance and regulation of
buildings, sheds, tents and other structures therein'.
(h) the payment of fees in relation thereto -,
(i) the expenditure of the revenue derived' therefrom
and
generally, for the purposes of this Ordinance.





(2) With respect to any bathing place or any part
thereof for the time being included in the Schedule such
regulations may provide-
(a)for fixing the limits within which persons shall
bathe;
(b)for preventing any indecent exposure of the persons
of the bathers;
(c)for regulating the distance at which boats and vessels
shall be kept from the seashore.

4. The Governor in Council shall have power to amend
the Schedule by order signified in the Gazette in any manner
whatsoever.

5. A copy of the regulations relating to any pleasure
ground, bathing place or place of public resort shall be kept
conspicuously exhibited either at the entrance thereto or
within the same.

6. Any custodian of a pleasure ground, bathing place
or place of public resort to which this Ordinance for the time
being applies may-
(a)eject and remove therefrom any person who within
his view commits a breach of any regulation relating
to such pleasure ground, bathing place or place of
public resort ;
(b)arrest the offender without a warrant and deliver
him into the custody of a constable or the officer in
charge of the nearest police station.
Nothing in this section shall prevent any such custodian,
if he knows or can ascertain the name and address of the
offender, from proceeding by summons under the Magistrates
Ordinance.

7. (1) The regulations made under section 3 may
provide that a breach of any. such regulation shall be an
offence and may prescribe penalties therefor : Provided that
no penalty so prescribed shall exceed a fine of one hundred
dollars and imprisonment for one month.
(2) Every person who assaults, resists or uses abusive
language to any custodian of a pleasure ground, bathing
place or place of public resort to which this Ordinance for
the time being applies in the execution of his duty shall upon
summary conviction be liable to a fine of two hundred and
fifty dollars and to imprisonment for three months.





SCHEDULE.

The Island of Hong Kong. Kowloon and New Territories

RECREATION GROUNDS.
The Albany Boundary Street Recreation
Caroline Hill Recreation Ground. Grounds.
Children's Playgrounds at- Children's Playgrounds at-
Blake Garden. Chatham Road.
Jardine's Corner. Cox's Road.
Magazine Gap Road. McPherson Playground, Yim
Plantation Road. Po Fong Street, Yaumati.
Southorn Playground, Middle Road.
Wanchai. Kowloon Tong-
The Chinese Recreation Ground. (a) Junction of Cumberland
Queen's Recreation Ground. Road and Essex
Sookunpoo Valley Recreation Crescent.
Ground. (b) Rutland Quadrant.
Wongneichong Recreation Tong Mi Road.
Ground. King George's Field.
King's Park Recreation Ground.
Public Square, Yaumati.

PLACES OF PUBLIC RESORT.
Blake Pier. Chatham Road Park (South).
Botanic Gardens. Peninsula Garden.
The Cenotaph. The area of Crown land at
Queen's Pier. Kowloon known as the Sung
Wong T'oi, (an area to be
demarcated).
Tsim Sha Tsui Wharf.
BATHING PLACES.
Big Chai Wan. Castle Peak Bay.
Big Wave Bay, Shek O. Castle Peak Road Beaches.
Deep Water Bay. Cheung Chau Island (Morning,
Island Bay, Shek O. Afternoon, Italian and Sardinia
Kennedy Town. Beaches).
Little Chai Wan. Clear Water Bay.
North Point. Junk Bay (South of a line drawn
Repulse Bay (Main, Middle and due east from the westernmost
South Beaches). point of Tiu Keng Wan but
Rocky Bay, Shek O. excluding the villages of Sheung
Stanley Bay. Lung Wan and Tin Ha).
Telegraph Bay. Lai Chi Kok (Kau Pa Kang).
Turtle Cove, Tytam. Nam Tau Sha Beach.
Tai Wan Bay (Hung Hom).
29 of 1936. 22 of 1950. 24 of 1950. Short title. Interpretation. Power to make regulations. Schedule. [s. 3 cont.] Schedule. Power to amend Schedule. Exhibition of regulations. Powers of custodian. (Cap. 227). Offences and Penalties. 22 of 1950, Schedule.

Abstract

29 of 1936. 22 of 1950. 24 of 1950. Short title. Interpretation. Power to make regulations. Schedule. [s. 3 cont.] Schedule. Power to amend Schedule. Exhibition of regulations. Powers of custodian. (Cap. 227). Offences and Penalties. 22 of 1950, Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/1983

Edition

1950

Volume

v4

Subsequent Cap No.

173

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:47:58 +0800
<![CDATA[PLACES OF PUBLIC ENTERTAINMENT REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1982

Title

PLACES OF PUBLIC ENTERTAINMENT REGULATIONS

Description






PLACES OF PUBLIC ENTERTAINMENT.

PLACES OF PUBLIC ENTERTAINMENT
REGULATIONS.

(Cap. 172, section 7).
(Ordinance No. 22 Of 1919).

[3rd August, 1934.]

Citation and Interpretation

1. These regulations may be cited as the Places of
Public Entertainment Regulations.

2. For the purposes of these regulations-
'premises' means any place kept or used or intended to
be kept Or used for public entertainment under a licence
or licences granted under the Ordinance, and includes
any means of ingress or egress for the purposes of
and in connexion with such place, and in cases in which
such place consists of a part or parts only of a building
includes also any other part or parts of such building
used or intended to be used for the purposes of and in
connexion with such public entertainment;
'licensing authority' means the officer or authority by
whorn licences may be issued under the Ordinance,
and in respect of any issued licence rneans the officer
or authority by whom the licence was issued, and
includes any officer or authority for the time being
entitled to cancel, renew or otherwise deal with any such
licence.

PART I.

PERIMANENT AND SEMI-PERMANENT BUILDINGS IN THE
ISLAND OF HONG KONG, KOWLOON AND NEW KOWLOON,
AND BUILDINGS IN ANY PART OF THE COLONY SPECIALLY
DESIGNED AS THEATRES AND CINEMAS.

Applications for licences.

1. (1) The Commissioner of Police is and shall be
the officer or authority by whom licences under this Part
may be issued.





(2) Any person who desires to keep or use any
premises for a public entertainment shall, if riot Chinese,
send in an application in writing to the Commissioner of
Police, and if Chinese send in an application in writing to
the Secretary.for Chinese Affairs, which in either case shall
contain the following information-
(a)the names, descriptions and addresses of the person
or persons making the application ;
(b)the character of the entertainment for which the
premises are proposed to be used and the locality
and general nature of the premises.

(3) The application shall contain a statement as to the
nature and extent of the interest of such person or persons
in the premises and such other particulars as the Commis-
sioner of Police or the Secretary for Chinese Affairs may
require in considering the application.

2. Every person desirous of obtaining authority to
open any premises within the Colony for a public entertain-
ment shall first make public his intention so to do and the
purpose for which the premises will be used, by exhibiting
a notice on the proposed site, or if it is proposed to adapt
an existing building, upon such building, in such a position
that it can be plainly seen and read from the principal public*
thoroughfare upon which the site. or building fronts, or by
advertisement in four newspapers (two English and two
Chinese) circulating in the Colony. A copy of the notice
or of each of the four newspapers, as the case may be, shall
.be forwarded to the Commissioner of Police and to the
Secretary for Chinese Affairs.

Submission of plans.,

3. (1) If so required by the Commissioner of Police
or Secretary for Chinese Affairs, as the case may be, the
applicant shall submit to the building authority-
(a)complete plans, elevations and sections to a scale
of 1 /8 of an inch to a foot; and
(b)a block plan on a separate sheet showing tile posi-
tion of the premises in relation to any adjacent lots
and buildings and to the public thoroughfares upon
which the site of the premises abuts, drawn to a
scale of not less than 1 /20 of an inch to. a foot.





(2) In connexion with the installation of any electrical,
lighting, cooling, ventilating or mechanical apparatus, every
applicant and every licensee shall submit to the building
authority detailed specifications, accompanied by such draw-
ings and diagrams as the building authority and the Chief
Officer of the Fire Brigade may consider necessary to enable
the proposal to be full), considered and to form an adequate
record of the work when completed. The specifications and
drawings shall be furnished before the work in connexion
with the erection or adaptation of premises is commenced.
The specifications as far as they relate to mechanical
ventilation or cooling shall show the size and area of inlet
and outlet openings, ducts and shafts for the conveyance
of air, the construction of and the means of access to ducts
and shafts, and details of the apparatus proposed for
cleansing or cooling the air. The proposed sizes and routes
of pipes for fire hydrants, drenchers and sprinklers and the
position of the fire appliances and control valves shall be
clearly indicated.

(3) All plans should be coloured to distinguish the
materials employed in the construction of p'remises, and shall
be accompanied'by such description of the materials to be
used and the mode of construction to be adopted as may
be necessary to enable the building authority to judge
whether these regulations will, ~vlien the premises have been
completed, be complied with.

(4) The wid * th of all staircases and the number of steps
in each, the width of corridors, gangways and doorways and
the heights of the tiers and other parts of the premises shall
be indicated on the drawings.

(5) The thickness of the walls shall be clearly shown
by figures.

(6) The plans shall show the seating and the numbers
of persons to be accommodated in the various parts of the
premises.

(7) On completion of the building and equipment,
complete revised drawings on linen shall be forwarded to
the building authoritY and the licensing authority for
retention.





Site.

4. (1) Premises shall abut upon and have frontages
of adequate length to two or more thoroughfares. The
frontages shall, except in special circumstances, form about
one-half of the total boundar;es of the site of the buildifig~
excluding recesses and projections which do not prej'udiciall~
affect exits, and shall permit of the provision of suitable
exits in accordance with these regulations from each tier
or floor direct to two or inore thoroughfares. The
thoroughfares shall be of such widths as will enable the
persons who are to be accommodated to disperse rapidly
in the event of fire or panic and as will afford facilities
for the approach of fire appliances.

(2) In cases in which premises will accommodate more
than 5oo but not more than 2,Ooo persons one of the
thoroughfares upon which such premises abut shall be at
least 40 feet wide.

In cases in which premises will accommodate more than
2,ooo but not more than 3~0 persons one of the thorough-
fares shall be at ]cast 40 feet wide and of the others one,
shall be at least 3( feet wide if a carriageway or 20 feet
wide if a footway.

In cases in which premises will accommodate more than
3,ooo but not niore than 5,0M persons one of the, thorough-
fares shall be at least 5o feet wide and of the offiers one
sliall be. al least 30 feet wide.

In cases in which premises will accommodate more
than 5,ooo persons such further frontage to the thorough-
t'
fares shall be provided as the building authority illaV
require.

(3) In cases of small halls and other siniflar buildings
accommodating not more tlinn Soo persons, and of roonis
or other premises forming part only of a building, special
consideration shall be given to the circumstances in cach
case.

. (4) In any case in which some of the exits from
premises discharge into a back street which is little fre-
quented and riot accessible by a short route from the
thoroughfare in which the entrances are situate, direct





access between the two thoroughfares shall bc provided by
means; of an external passage\\,~ty if the building authority
so requires.

(,5) Passageways referred to in this regulation shall be
and shall remain under the complete control of the licensee,
sliall be unobstructed, sliall be ol)(']] to tile skY, and if
less than 12 feet wide shall not be overlooked by windows
from adJoining buildings at a height of less than 12 feet.

il,lat'n,tenance, alterations, etc.

5. (1) All parts of premises and the fittings rid
apparatus therein, including any safety curtain and seating,
door fastenings and notices, and the lighting, electrical,
cool;ilg, ventilating, meclinnical _Uld other installations,
sfiall be maintained at all tinies in good order and condition
and as approved by the building authority and the licensing
authority.

(2) Alterations or additions whether permanent or
temporaiy to the structure, the lighting, electrical, cooling,
ventilating, mechanical or other installations, or to the
seatincy, gangways or other installations, or to the seating,
gangways or other arrangements at premises, as approved
by the building authority and the licensing authority frorn
to tirne, shall not be rilade except with the consent in
writing of the building authority and tile licensing authority
and in accordance with tile conditions of such consen
t.
Notice in writing shall be given to the building authority
and the licensing authority of any alteration or addition pro-
posed to be made, and such notice shall be accompanied bs
full details and, if necessary, by drawings in duplicate. Th c
work shall not be commenced until the plans have been
approved : Provided that the provisions of this paragraph
shall riot require notice to be given to the building authority
of any work which is necessary for the efficient maintenance
of the premises and of the electrical and other installations.

6. Notice in writing shall be given to the building
authority and the licensing authority of intention to carry
out repairs or redecorations necessitating the use of scaffold-
ing, cradles or plant involving risk of injury, obstruction,





fire or panic, if it is intended that the public shall be admitted
while such scaffolding, cradles or plant are in position or
in use. If the licensing authority so requires, the prernises
shall be closed to the public until the work has been completed
and tlic scafTolding, cradles and Plant reinoved.

Coitstry.clioit and a~rr(iiigei)te?~t of preinises.

7. (1) Premises in which a stage will bc provided and
in which scenery will be used shall riot be constructed under-
neabh or on the top of any part of any other building.

(2) Premises in which a stage will not be provided and
in which scenery will not be used shall not be constructed
underneath or on top of an), part of any other building except
with [lie consent in writin- ol' the building ~ttl[1101-itV Ind tlIC
iicensing authority.

8. Living rooms shall not be provided in the preinises
except with the consent in writing of the building authority,
and the licensing authority.

9. (1) Any openings in the premises overlooking an
adjacent site upon which an inflammable structure is erected
or upon which inflammable material is stored shall be
protected to the satisfaction of the licensing atithority.

(2) Except with the consent in writing of the building
authority and the licensing authority, openings shall not be
made in the walls or roof of the premises within i horizontal
distance of 12 feet of any other buildings, whether then
existing or likely to be made, overlooking the premises.

10. In no case shall the lowest floor of the premises be
at a lower level than that by which it can be effectually
drained by gravitation into a public sewer, and such premises
shall be drained to the satisfaction of the building ~ttiilioi-it~'.

11. (1) The premises shall be enclosed with external or
party walls of brick, stone or concrete of such thickness as
the building authority may require.

(2) Where the premises are only part of a building they,
shall, if so required by the building authority and the
licensing authority, be separated from the other parts of the





building by walls and structures of fire-resisting materials in
a manner to be approved by the building authority and tile
licensing authorlly, and have no openings in the walls,.or
in any other part of the premises which overlook any portion
of the adjoining part and which nlay be liable. to com-
municate fire to the premises.

12. (1) The floors, tiers and roofs of the premises shall
be entirely of fire-resisting materials to the satisfaction of tile
building authority and the licensing authority.

(2) Wood flooring, where permitted, shall be laid
directly oil to concrete and shall be suitably protected against
dry rot. In any position where this form of construction is
impracticable, the wood flooring shall be 1 1/4 inches thick and
shall be grooved and tongued.

(3) All wood centering used under concrete or other
positions shall be removed, and centering in positions from
which removal is impracticable shall be of metal.

13. (1) All doors or openings approved by the building
authority and the licensing authority for the purpose of egress
froin the premises and all such doors from the stage and
dressing rooms shall be clearly indicated by the word EXIT
in block letters in English and Chinese. The letters shall
ilot be less than 7 inches high.

(2) Such notices shall be at a height of at least 6 feet
9 inches above the floor and, where possible and desirable,
shall be placed over such doors or openings.

(3) Doors and openings, other than exits, in sight of
the audience, which lead to portions of the premises accessible
to the public, shall have notices placed over them indicating
the use of such portions. Such doors and openings shall not
resemble exits.

(4) Notices and signs (handpointers) indicating the way
out of the premises shall be provided as the licensing
authority may consider necessary.

(5) Notices bearing the words NO EXIT shall not be
provided.





14. Save in exceptional circumstances, the premises
shall not have more. than two tiers, including the gallery,
above the level of the pit, and a tier shall not be constructed
with a slope of more than 35 degrees.

15. The height between any floor and the under side of
the tier or ceiling above it shall in no part be less than io feet.

16. The floor ol' the highest part of the pit, or of the
stalls where there is no pit, shall not be more. than 6 inches
above the level of the street at the principal entrance to the
pit and the lowest part of the floor of the pit or stalls shall
riot lie inore than 1,5 feet below the level of the street at lhe
principal entrance to the pit, except that where owing to the
natural levels of the site and adJoining roads this is not
possible then such floor levels shall be subject to the special
approval of the building authority.

17. (1) Two separate exits shall be provided from
ever ' v tici. or floor which accommodates not inore than 5oo
persons, and one. additional exit shall be provided for every
250 Or part Of 250 persons above Soo.

(2) Two of the exits froin each tier or floor shall open.
into different thoroughfares or ways.

(3) If the tier or floor accommodates riot more than 39o
persons the width of each exit shall be nOt less tilan 4 feet,
measured between the walls at an), point or between the
leaves of the doors when open, and if the tier or floor accom-
modates more than 300 persons the width of each of the exits
shall be riot less than 5 feet rneasured in like nianner.

(4) In the case of any, premises or portions of premises
which are 40 feet or niore above pavement level the total
width of exits provided shall be 25 per cent in excess of
the width required by paragraph (3),

(5) If any tier or floor be divided into two or rnore parts
exits as required by this regulation shall be provided from
each of such parts.

(6) In calculating the number of persons who can be
accommodated in any tier or floor or part of a tier or floor,





the accommodation of all standing and waiting spaces in
such tier or floor or part of a tier or floor shall be included.
For the purpose of this regtilation, any tea room, lounge,
restaurant or foyer shall be regarded as a waiting space.

(7) Exits shall be arranged so as to afford a ready niewls
of egress from all parts of each tier or floor and shall lead
directly into thoroughfares or ways. In the case of theatres
and music halls and other prenlises where the principal fire
risk is on the stage, some of the exits from each part of
each tier or floor shall be placed in positions remote from
the stage.

(8) Steps leading from any tier or floor to an exit shal,l,
if necessary, be screened from such tier or floor by, fire-
resisting materials and shall be lighted to the satisfaction of
the building authority and the licensing authority.

(9) All entrance and exit doors, other than pass doors
in connexion with spaces in which persons await admission,
shall be arranged so as to be. available for exit during the
whole of the time that the public are on the premises.

(io) No lift shall be considered as an exit within the
meaning of these regulations.

18. (1) Every lobby, corridor or passage intended for
the use of the audience shall be formed of fire-resisting
materials and shall, when finished, be at the narrowest point
of the widifis specified for exits in paragraphs (3) and (4)
of 17.

(2) Where possible, inclines shall be used instead of
steps but no corridor, passage or gangway outside the
auditorium shall be inclined to a steeper gradient than
1 in io.

(3) M7here a sloping corridor leads direct to a sCiir the
corridor, for a distance of 5 feet from the stair, shall be level.

(4) There shall be no projections, other than handrails
as provided for in paragraph (8) of regulation 22, exceeding
2 inches from the walls of such corridors or passages within
6 feet 9 inches of the floor. All recesses shall be defended.





19. (1) Pay boxes and check boxes shall be placed so
as not to obstruct exitways, and pay boxes shall be ade-
quately ventilated.

(2) Pay boxes, check boxes and attendants' seats
shall be fixed in such positions as not to obstruct rneans
of exit, and any mirrors, pictures, notices or advertisements
which may be permitted by the licensing authority shall be
,attached to or hung upon the walls in positions in which
they will not be likely to cause obstruction to exit and shall
be fixed flat against the wall or kept clear of the head-line,
i.e. 6 feet 9 inches above the floor.

(3) Advertisement boards or easels shall not be placed
in positions in which they are likely to obstruct means of
exit or to be overturned. Notice in writing of any proposal
to rail off a portion of the vestibule for the accommodation
of such boards or easels shall be given to the licensing
authority and written consent obtained in the. manner pre-
scribed by paragraph (2) of regulation 5.

20. (1) T'he aggregate unobstructed width of all the
exit doorways or passages that lead from a vestibule
towards a thoroughfare or way shall be it least one-third
greater than the aggregate width of all the exits that lead
into such vestibule.
(2) Any portion of a vestibule used for the display of
loose or projecting advertisement boards or easels shall be
defined by means of a chain or other device.

21. (1) Provision shall not be made in the corridors
for hanging hats and cloaks.
(2) Where c!oak-rooms are provided, they shall be
enclosed in fire-resisting materials, shall be adequatel~
ventilated and shall be so situated that the persons using
them shall not interfere with the free use of any exitway.
The fittings shall be of metal or hardwood.

22. (1) Staircases intended for the use of the ptiblic
from 'any tier or floor or part of a tier or floor accommodat-
ing not more than 300 persons shall be in no part less than
4 feet wide and such staircases frorn any pier or floor or part
of a tier or floor accommodating more than 300 persons
shall be in no part less than 5 feet Wide,*





(2) Such staircases shall be without winders, shall be
in flights of not more- than sixteen or less than three steps
each, shall not have more than two successive flights with-
out a turn, and if there be more than twelve steps in a
flight, shall not have more than one flight without a turn.

(3) The several flights of steps shall be properly sup-
ported and enclosed to the satisfaction of the building
authority and the licensing authority.

(4) Staircases, unless constructed of reinforced con-
crete, shall have solid square (as distinguished from
spandrel) steps.

(5) T * he landings, unless constructed of reinforced con-
crete, shall be at least 6 inches thick, and the depth of the
landing between the flights shall not be less than the width
of tile flight.

(6) The trends shall be not less than i i inches wide
and the risers not more than 6 inches high. The treads
and risers of eich flight shall be of uniform width and
height. Each step shall lap at ]east one inch over the back
edge of the step below.

(7) Every staircase and the roof thereof shall be of
such fire-resisting material and construction as may be
approved by the building authority and the licensing
authority.

(8) A continuotis handrail shall be fixed on each side
of all steps and landings at a height OF 2 feet 9 inches above
the steps or landings. The rail shall be supported by
strong metal brackets built into the wall and shall not pro-
ject more than 3 inches. Where the flight of steps returns
the newel wall shall be chased so as to allow the handrail
to turn without projecting over the . landing.

(9) Any other projections from the walls of a staircase
shall be at least 6 feet 9 inches above the steps or landings
and any recesses shall be defended.

23. (1) All doors used by the public as exit doors
shall, unless otherwise agreed in writing by the building
authority and the licensing authority,, be hung in two folds,





shall be made to open in the direction of exit and shall be
hung so as not to obstruct, when open, any gangway,
passage, staircase or landing. If such doors are also in-
tended for use as entrances one of the folds shall be made
to open both ways.

(2) Doors leading frorn exit passages, staircases or
corridors shall, where considered necessary by the licensing
.authority, be hung so as to be closed by the stream of
persons passing from the auditorium to the street, and shall
in any case be fitted with springs and arranged so as not
to clash with exit or other doors.

(3) A door shall not open immediately upon a step or
steps but a- landing at least ; feet in depth shall be provided
between the step or steps and the door.

(4) Where for convenience of working a door not
providing fire separation is required to be held open into
a vestibule or corridor, it shall be fitted with a suitable
device which will allow it to shut readily by gentle pressure
in case of emergency.

(5) No fastenings other than automatic bolts shall be
fitted on exit doors. The automatic bolts shall be without
sharp projections and shall be of such pattern that
horizontal pressure on either cross bar will open the doors.
The cross bars shall not be placed at a greater height than
3 feet. Doors fitted with automatic bolts shall have the
words PUSH BAR TO OPEN painted upon them in block
letters at least 4 inches high, in E'riglish and Chinese.

(6) Locking bars, hasps, staples, screw-eyes or any
fastenings other than automatic fastenings shall not be
fitted on exit doors.

(7) In the case of exit doors which it rilay be desired
to keep open while the public are on the premises, special
provision shall be iii~tJe for fastening thein open in such a
manner as not to form recesses. Any cabin hooks or fittings
which may be used shall riot prevent a door frorn opening
back to the full extent.

(8) Gates across exitways shall riot be fitted with any
fastenings other than automatic bolts, shall be made to open
both ways and shall be so fitted that when opened inwards





they can be locked back against the wall in such a manner
as to require. a key to release them. When locked back
they shall not form an obstruction.

(9) Automatic bolts on external gates shall be of a
specially strong type and the working parts shall be of a
metal not liable to corrosion.

(io) Door handles or other door fittings shall not pro-
ject into exitways more than 2 inches when the doors are
open or closed.

(ii) Internal exit doors shall be made to swing or to
open in the direction of exit and shall not.be fitted with any
fastenings other than automatic bolts.

(12) Revolving doors shall not be provided. Roll-up
shutters or collapsible gates shall riot be provided without
the consent in writing of the licensing authority.

24. (1) Collapsible gates or rolling shutters shall not
be installed in entrances or exits without the consent in
writing of the licensing authority, and any such gates or
shutters which may be installed shall be opened to allow
full width and necessary height of exitway -before the ad-
mission of the public and sliill bc kept locked in that 1)osi-
tion during the whole of tfie time that the public are on
the premises.

(2) Locks, inonkey-tail, flush or barrel bolts, or locking
bars or other obstructions to exit, other than such as are
permitted by this regulation, shall not be fitted on such
g,ite,-, or shutters.

25. (1) Any barriers which may be provided for
checking or controlling admission shall be arranged so that
the portions immediately in the line of exit open automatic-
ally upon pressure being applied in the direction of exit
and so as not to reduce the width of the exitway. All such
barriers shall be shown on -the plans submitted.

(2) Rope barriers shall be fitted with automatic catches
or slip connexions and shall be arranged so as not to trail
on the floor when parted and the Fittings shall not project
into the gangway or exitway.





26. If chains and padlocks be used for securing exit
doors when the public are not on the premises, a keyboard
shall be provided in a position approved by the licensing
authority and before the admission of the public the chains
and padlocks shall be hung upon such board, each in .In
allotted position, and shall remain upon the board during
the whole of the tirne that the public are on the premises.
The position of the board shall be so situated as to be easily
discernable by any police or authorized inspecting officer.

27. (1) Gangways nOt less thall 3 feet 6 inches wide
shall be formed-
(a) leading direct to the exit doors;.and
(b)intersecting the rows of seating in such a manner
that no scat shall be more than io feet from a
gangway measured in the line of seating.

(2) Where steppings are provided in intersecting
gangways, suitable hand-grips shall be provided at the
ends of the seats.

(3) There shall be no projections into a ,tiiw~ ty which
diminish the clear width of the gangway.

28. All gangways and exitways and the treads of steps.
and stairways shall be maintained with non-slippery sur-
faces.

29. The edges of the treads of steps and stairways shall
be made conspicuous, if so required by the licensing
authority.

30. Drugget, matting, crumb cloths and other floor
coverings shall be' secured and maintained so as not to be
likely to ruck or to be in any Nvay a source of danger.

31. Any curtains which may be permitted by the
licensing authority to be hung over doorways or in or across
corridors or gangways shall riot conceal notices, shall be
parted in the centre and shall be hung so that the can
b y
readily be drawn aside and so as not to trail on the floor.

32. (1) Guard rails not less than 3 feet 6 inches high
measured from the floor level or inclined guard rails of a





projection and pattern to be approved * by the Chief Officer
of the Fire Brigade shall be provided on the resters in front
of gangways in tiers.

(2) The tops of resters shall be constructed with the
surface inclined towards the seating at an angle of 3o
degrees, and shall be concave in section, or shall be pro-
vided with such other means as to allow only small articles
to be placed thereon and to ensure that such articles are
not liable to fall to the tier or area below.

33. At theatres, music halls or other like premises no
enclosure (except refreshment rooms, foyers and waiting
spaces), where the public can assemble for any purpose
other than to view the performance, shall be provided.

34. Where so required by the licensing authority suit-
able accommodation shall be provided for persons awaiting
admission to the seating, it premises referred to in regula-
tion 33.

35. (1) The seating area assigned to each person shall
be not less than-
(a) 2 feet 4 inches deep where backs are provided ; or
(b) 2 feet deep where backs are not provided; and
(c) i foot 8 inches wide where arms are provided; or
(d) i foot 6 inches wide where arms are not provided.

(2) In all cases there s6all be in unobstructed way'or
space at least i foot in depth, measured between prependi-
culars, between the back of each seat and the front of the
scat immediately behind.

(3) The seating shall be fixed firmly to the floor.

(4) If seats be made to tip up automatically they shall
be actuated by weights.
221

36. (1) In the case of any premises which are not in-
tended to be used regularly for a closely-seated nudience,
the seating shall be arranged in accordance with paragraphs
(i) and (2) of regulation 35 and provision shall be made for
fixing securely to the floor the rows of seating flanking the
front, back and cross gangways and the seats near exits.





(2) If chairs are used they shall be battened together in
lengths of not less than four chairs.

37. (1) Premises shall not be used for a closely-seated
audience except in accordance with plans previously sub-
mitted to and approved in writing by the building authority
and the licensing authority.

(2) In the case of premises used regularly for a closely-
seated audience the seating shall be firmly fixed to the floor.

(3) A copy of the seating plan shall be kept readily
available at the premises and shall be shown to any authorized
inspecting officer.

(4) Opera glasses or other articles which may be.
attached to the backs of seats intist not reduce the clear width
of scatways or constitute objectionable projections, and any
attachment shall be so arranged -is not to trall on the floor
or cause any obstruction.

38. (1) In all buildings in which a permanent 5Lage, is
provided-
(a)such stage shall be separated from the auditorium by
a brick proscenium wall riot less than 13 inches in
thickness, and such wall shall be carried up the full
thickness to a height of at least 3 fect above the
roof, measured at right angles' to the. slope of the
roof, and shall be carried down below the stage to
a solid foundation;
(b)not more than three openings shall be formed in the
proscenium wall, exclusive of the proscenium open-
ing. No such opening, other than the proscenium
opening, shall exceed 20 square feet in area, nor at
its lower part shall it be at a higher level than 3 feet
above the floor of the stage. Such openings shall
be closed with double teak or oak doors 2 inches
thick hung in fire-resisting frames with a i inch lap,
or with such other fire-resisting doors and frames
as may be approved by the building authority. The
doors shall be made self-closing and silent in action ;
(c)the proscenium opening shall be provided with a
fire-resisting safety curtain, to be used as a drop
curtain, of such pattern, construction and gearing,





and with such arrangementments for pouring water
upon the surface of the curtain towards the stage,
as may be approved by the building authority and
the Chief Officer of the Fire Brigade;
(d)all the decbration around the proscenium opening
shall be constructed of fire-resisting materials;
(e)in exit shal! be provided from each side of the stage,
and on(, of such exits shall lead direct to a street or
ffirough an unventilated lobby constructed of fire-
resisting materials with self-closing fire-resisting
doors liting to open outwards and fitted with auto-
rnatic fastenings only;
in exit leading direct to a street or way shall be
provided from the stage basement and permanent
ventilation to the b<tSeTlient shall be provided direct
to the outer air;
(g)electric light shall be the only illuminant used for
the stage, and smoking thercon is prohibited except
when required in a stage production;
(h)the safety curtain to the proscenium opening shall
be lowered and raised in the presence of each
audience. The licensee shall notify the building
authority and the Chief Officer of the Fire Brigade
immediate!), in the event of the safety curtain being
out of order;
(i)whenever the safety curtain is lowered all lights in
the auditorium shall be immediately lighted;
(j) the words SAFETY CURTAIN in plain block
letters, and the Chinese characters shall be
painted on the safely curtain. The letters and
characters shall be riot less than 12 inches high and
shall be in a central position in which they can be
seen frorn all parts of the auditoriuni and not less
than 3 feet from the bottom of the safety curtain.
If it be desired to place upon the safety curtain any
advertisement or decoration such advertisement or
decoration shall be painted upon the curtain itself
and shall not be within 1 foot of any portion of the
words SAFETY CURTAIN or of the Chinese
characters;
(k) wires and ropes in connexion with gymnastic or
other displays or any other apparatus or scenery or





properties shall not at any time during the per-
formance cross the plane of descent of the safety
curtain. Special precautions shall be tal~cii by the
licensee to ensure that curtains or hangings do not
in ally circun-istances interfere with the descent of
the safety curtain;
(1)except as provided in this paragraph the space above
the stage shall be of sufficient height to allow of
the safety curtain being raised in one piece above
the top of the. proscenium opening mid of all scenes
being so raised without rolling- Where ill extsting
buildings the space above' the stage is insufficient
to allow the safety curtain to be raised in one piece,
sectional safety curtains of such design as may be
approved by the Chief Officer of the Fire Brigade
may be provided;
(m) the roof over the stage shall be of fire-resisting
material and shall be provided with a lantern light
-ol. lights at the- back thereof equal at the -base to
one-sixth of the area of the stage. Such lantern
light shall be glazed at the sides with sheet glass
not more than one-twelfth of ill inch in thicImess
and shall be capable of being opened to all exient
equal at least to the superficial area required at the,
base of the lantern light. The sashes shall be
bottom hung to open outwards, shall be of a type
that cannot be rendered inoperative by warping or
settlement or by dirt and shall be capable of being
opened by the cutting of a cord ol- the fusing of a
link. Such cord shall be brought down to the stage
to a position near the safety-curtain release and shall
be suitably, indicated ;
a
(n)the stage shall be ventikited to the satisfaction of the
building authority ;
(o)the sashes and other moving parts ol the lantern
light shall be tested periodically to ensure their being
in efficient working order. There shall be no
obstruction to the upward flow of air from the stage
to th(, ventilators.

(2) Subject as provided ill this paragraph this regulation
shall apply to all buildings as aforesaid, whether already,
erected or hereafter to be erected : Provided that it shall be





lawful for the building authority, after consultation with the
Chief Officer of the Fire Brigade, to exempt any building
for such period or periods as he may think fit from all or
any of the provisions of this regulation : any such exemption
may be subject to such conditions as the building authority
may see fit to impose.

(3) The owner and the licensee of any building as afore-
-said -in -respect of which any failure to- comply with any
provision of this regulation is proved to exist or to continue
shall upon sunirnary conviction be liable to a find of one
thousand dollars.

39. (1) Stage floors shall be of hardwood not less than
Q inches thick with hardwood or fire-resisting supports and
shall be sufficiently strong for any type of performance. wli ich
is likely to be given.
ty

(2) Flies, including lighting flies and perches and
gridirons, shall be of fire-resisting material and adequate
means of escape direct to the open air shall be provided
therefrom.

(3) Scenery shall be counterweighted and hung on wire
ropes as far as 'i:)i-acticable. Counterweights of scenery shall
be guarded, and where possible shall be carried to the walls
and cased in.

(4) Access to flies, gridirons, electricians' perches and
other raised platforms, other than lighting perches not more
than 4 fect above or below a platform or fly to which suitable
access is provided, shall be by means of step-ladders with
handrails.

40. Except with the consent in writing of the licensing
authority and in accordance with any conditions of such
consent, scenery or stage properties shall riot be kept or used
on any platform or in any other part of premises which are
not provided with a safety curtain of a pattern approved by
the licensing authority.

41. (1) Scenery or properties shall riot be* kept or used
in the stage basement or in any part of premises other than
on the stage or in the approved scene or property store.





(2) The stage shall not in any circumstances be con-
gested with scenery or properties, or the exits therefrorn
obstructed during performances.

(3) Except with the consent in writing of the licensing
authority and subject to the conditions of such consent,
scenery or properties shall not be placed on the auditorium
side of the safety curtain.

42. (1) Such dressing-room and staff-rooin accommoda-
tion for performers, musicians and staff shall be provided for
both sexes as the licensing 1Llti]01-it), may consider necessary,
having regard to the use proposed to be rnade of premises
and the maximum number of persons to be employed.

(2) The dressing-rooms shall be separated from the
remainder of premises by walls constructed of fire-resisting
materials, with only such means Of Communication therewith
as may be approved bY the licensing authority.

(3) A ventilated lobby or corridor constructed of fire-
resisting materials shall be provided between the stage and
the dressing-room block, and such lobby shall be fitted with
self-closing fire-resisting doors at each end thereof so fitted
as to swing both ways.

(4) Ventilation direct to the open air shall be provided
to the corridors in the dressing-room block.

(5) AIII dressing-roonis and staircases leading thereto
shall be constructed of fire-resisting materials and shall be
connected with exits leading direct into a tliol.oughfare or
way, one of such exits being independent of anY exit by wi~
of the stage or the approaches thereto.

(6) All fittings in dressing-rooms shall as far as prac-
ticable be fire-resisting.

(7) Dressing-rooins shall riot be situated inore than one
storey below the street level.

(8) The exit doors from the dressing-room block shall
be fitted with automatic bolts only. The doors to single .
dressing-rooms may be fitted with other approved fastenings.
Permanent ventilation shall be provided to dressing-roonis
by means of flues built into the brickwork or by such other
means as may be approved by the building authority.





43. (1 ' ) Suitable workshops, store rooms, scene stores,
property stores and offices shall be provided if required by
the licensing authority.
(2) Workshops, store rooms, scene stores, property
stores and wardrobe and painting roorns shall be separated
frorri the public portion of premises and from one another by
brick or concrete walls not less tlian 9 inche's thick or by such
other- construction as may be approved, by the licensing
authority and shall be ventilated to the satisfaction of the
licensing authority from the highest point direct to the open
air.
(3) All openings in such division walls shall be of such
size as dhe buildin authority and the licensing authorit,'
9 b
may approve and shall be fitted with fire-resisting doors or
fire-resisting screens. If iron doors are provided they shall
overlap the door frarne at least 3 inches when closed, and if
made in two folds, such folds shall overlap each other at least
3 inches when closed.
(4) The floors and ceilings of the portions of premises
mentioned in paragraphs (i) and (2) shall be formed of fire-
resisting materials.

Miscellaneous.
44. (1) EC-itchens and serveries shall be separated, from
the public portion of premises by fire-resisting materials.
This regulation shall riot apply to the provision of a grill
in a restaurant.
(2) Ventilating shafts frorn kitchens shall be constructed
so as to allow of frequent cleaning.

45. Constructional ironwork shall, if considered neces-
sary by the building authority, be embedded in fire-resisting
materials.

46. Soft wood or other inflammable wall linings, decora-
tions, partitions, screens or barriers shall not be used in any
part of premises and cavities shall not be left behind any
linings or decorations.

47. All fixed or permanent decorations shall be of incom-
bustible materials. Any fixed hangings and curtains which
may be permitted by the licensing authority shall be of
heavy woollen material only.





48. All skylights and lantern-lights wbich rnay be liable
to be broken, other than the lantern light osei. the stage,
shall be fitted with wired glass.

49. All fire-resisting doors, screens and shutters and
smoke doors shall be maintained self-closing and shall riot be
secured open while the public are on premises.

50. (1) The sides of any boxes which ina be pi-o\,ided
shall riot exceed 3 feet in height and the fronts of the boxes
shall be formed of open balustrades or grilles.

(2) Curtains shall not be provided to boxes and recesses
shall not be obscured by curtains.

FPre protection arr~iitgenieAi.ts.

51. (1) Fire appliances for the protection of premises
shall be provided to the satisfaction of the Chief Officer
of the Fire Brigade.

(2) Hydrants shall be provided in theatres, music
halls,. exhibition halls and in any other premises in which,
in the opinion of the Chief Officer of the Fire Brigade,
such protection is necessary.

(3) Automatic sprinklers shall be provided in the stage
portion of all theatres and music halls and in scene stores
and property stores and such workrooms and other portions
of premises as the Chief Officer of the Fire- Brigade inay
specify in each case.

(4) Hydrants shall be provided with the Hong Kong
Fire Brigade standard fittings. Hydrants, drenchers and
sprinklers shall be connected with 9 main on which a suit-
able pressure and volurne of water are alw,,t~,-s available.

52. In theatres and music halls and any other premises
in which, in the opinion of the licensing authority,, such
protection is necessary, direct telephone C0111111Unication
sha.11 be established with the nearest Fire Brigade Station.

53. Premises shall be provided with lightning con-
h
ductors if considered necessary by the building authority.





Sanitary provisions.

54. (1) If required by the building authority, each
part of premises used by the public shall be provided with
water-closet and urinaf accommodation approximately in
accordance with (lie following scale-
(a) Water-closets-
(i) for males : one water-closet for the first 200
or less; two water-closets for 200-500; three water-
closets for 5oc)-i,ooo; and one water-closet for every
additional 5(0 Or less;
(ii) for females : one water-closet for the first
ioo or less; two water-closets for 100-250; three
waler-closels for 25()-~00; and one water-closet for
every additional Co or less;
(b)Urinals---in each part of theatres and music halls,
one urinal stall for every So males; in each part
of dancing hails, concert halls and cinematograph
halls, and in each restaurant, one urinal stall for
every ioc, males.
For the purpose of this regulation, it is assumed that
the public in each part of premises consists of equal
numbers of males and females.

(2) In addition to the provision specified in paragraph
(i), such separate water-closets and urinal accommodation
as may be required by the building authority shall be pro-
vided for the staff and employees and for the performers
and the orchestra.

(3) Urinal stalls shall be fitted with automatic flushing
apparatus, and shall be of a pattern approved by the
building authority. Water-closets, urinals and drains shall
be constructed in accordance with the enactments relati.ng
thereto.

(4) The floors of all water-closets and urinal apart-
merits land of the lobbies approaching such apartments
shall be constructed of impervious material and sloped to
a drain.

(5) Water-closet and urinal aparthients shall not,
except where unavoidable, be approached direct from the
auditorium or from spaces in which the public await
admission.





(6) If leng.thy chiematograph displays are to be given
regularly, a water-closet shall be provided contiguous to
the operating inclosure.

M Natural lighting by means of windows or skylights
shall be provided to the auditorium and (where practicable)
to all other parts of premises.. Suitable curtains or shutters
may be provided so that dui-ing performances the windows
and skylights may be obscured.

56. All nican., for the admission of light and air shall
be utilized as far as practicable when premises are not in
use by the public and all windows wid skylights shall be
kept clean.

57. An adequate nurnber of nietal bins or i.ccel)t.,icles
with properly fitting covers ~11ah be provided for dust and
refuse. Such receptacles shall be maintained in a clean and
wholesome condition, in in open area or other suitable
place.

Ligittlibg, coolin,.-, clectrical, ve?btllalliig and
mechanical iltstall~itiolbs.

58. .~\ii application for a licence or renewal of a licence
under the regulations in this Part shall be accompanied b~
a certificale of stability of the alternative gas lighting systeni
after an examination of the installations.

59. If the licensing authority thinks it expedient lie rnay
call upon the licensee of premises to furnish a certificate of
stability of the electric system.

60. None of the provisions of these regulations rela(ing
to electric s~Isteili.,; shall apl)1y to anv liceiised building
existing on 3rd August, 1934, until either-
(a) major electrical alterations are commenced; or
(b)the licensing authority gives miritteii notice to the
licensee that there is a danger of fire from faulty
wiring or apparatus,
whereupon, in either case, all the provisions of til(~se
regulations shall apply to such building.





61. All portions of premises to which the public have
access shall be provided with two independent systems of
lighting, 1..e. electricity and gas, to the satisfaction of the
licensing authority and the lighting points provided in
accordance with this regulation shall be indicated to the
satisfaction of the licensing authority.

In any portion of premises the total illumination on the
twosysterns required by this regulation is hereinafter referred
to as 'minimurn lighting' of that portion.

62. The minimum lighting in all portions of premises
shall be maintained continuously while the public are on the
premises : Provided tli~t so long as there is sufficient day-
light in any portion of the premises artificial light need riot
be maintained in that portion.

63. For the preservation of orderly conduct as much
light shall be maintained in the auditorium as is possible
without detriment to the performance or entertainment.

64. Good general 'Illumination shall be provided in the
auditorium whenever possible without detriment to the
performance or entertainment.

65. Each system of lighting shall be so installed that a
fault or accident oil one- system cannot in any cirCUMStanCeS
-i~fect, the other.

66. The lighting points shall be so arranged that all
parts of the pren-iises, including. recesses and cupboards, can
be adequately illtiminated.

67. If the installation of oil or candle lamps be permitted
by the licensing authority the lamps shall be of a pattern
approved by the licensing authority and shall be properly
fixed away from woodwork or other combustible materials
and where practicable they shall be otit of reach of the public.
Lamps for burning kerosene oi- other mineral oil shall riot be
provided.

68. Provision shall be rnade so that each notice
indicating an exit can be illuminated by a light on each
system. In the auditorium of a theatre or music hall, and





in such other places or positions as the licensing authority
may determine, provision shall be made so that such notice
can be internally illuminated by a light oil at least one of
tile systems.

69. The lighting of exit notices shall riot in any circum-
stances be extinguished or dimi-ned while the public are oil
the premises.

70. Notices, other than exit notices, in or abollt tile
auditorium or main liall, shall not be internally illuminated.

71. Corridors and staircases, which form the means of
escape from anY stage or platforni ol- froili any dressing- or
retiring rooms, and the notices indicating the exits from such
portions of. the premises, shall be provided with two inde-
pendent systems of lighting to tile satisfaction of the
licensing authority : Provided that, in the case of small
premises, two independent systems of lighting need not be
provided if the licensing authority is satisfied that two
systems are not necessary in those portions of the premises.

72. Gas, oil or candle lamps shall not be installed within
the limits of the stage or platform or in positions in which
it is possible for thern to come into contact with scenery or
properties.

73. (1) Lamp shades of inflammable material shall not
be provided.

(2) Lamp shades shall be of incombustible material
except when intended for use in positions remote from corn-
bustible materials. If shades of combustible material be
provided for use in such positions, they shall be rendered
satisfactorily non-inflammable, shall be suitably ventilated to
the satisfaction of the licensing authorit ' v and shall be so
arranged that, in case of electric lighting fittings, it is not
possible for the shades to come into contact with the lamp
or holder, and in the. case of gas fittings, the shades are
efficiently protected from the flame or from an.y parts of
the fitting liable to reach a high temperature. No large or
elaborate ' shade shall be provided without the previous
consent of the licensing authority.





74. (1) The main switches, meters and other electrical
apparatus in connexion with the intake from the supply
undertaking shall be installed in an enclosure. The en-
closure shall be in a dry place, and shall be of adequate size,
constructed of fire-resisting materials And adequately
~,eiitil,ited.

(2) The enclosure referred to in paragraph (i) shall be
used only for the accommodation of such apparatus, and
no water or gas pipes shall be therein. Means shall be
,tdol)tecl (c) the satisfactioil or the buildin- ~iiithorit~, and the
licensing authority to Drevent smoke or gases p 1 assing into
the enclosure.

75. Boilers, engines and other plant used for generating
electricity, and secondary batteries, shall be installed in
enclosures. Tlic enclosures shall be of adequate size, con-
strUCted of fire-resistin materials and adequately ventilated
9
to the satisfaction of the building authority and the licensing
authority.

76. (1) Connexions to stage switchboards and other
large control boards shall be readily accessible and any live
conductors at the back of such boards shall be protected to
[lie satisfaction (if the licensing authority.

(2) All parts of switches and fuses, and any conductors
which are alive or liable to become alive, shall be so protected
thal accidental cotitact with them is impossible : Provided
that~ this paragraph shall riot apply to any such apparatus
installed in a position which is recognized by the licensing
authority as being accessible only to skilled electriciansi

(3) Switch and fuse boards and other controlling
apparatus shall, where\,er practicable, be installed in positions
inaccessible to the public. If the licensing authority agrees
in writing to such apparatus being installed within reach of
the public, arrangements shall be made to prevent inter-
ference by an~r unauthorized person. Cut-outs shall not be
installed in positions where they may be visible to the
assembled publi
1C.

(4) Local switching for lighting shall be avoided as far
as practicable in ;ill parts of preniises accessible to the public.



or currents 5(
operation shall be f ) per cent in excess of the
maximurn current of the main circuits or sub-circults
controlled.

(6) When practicable motor-starting switch gear shall
be installed close to the motor controlled thereby, and shall
be so placed that the motor is clearly visible to the operator.
Any apparatus or switch provided for speed control or for
stopping shall, if installed away from the motor, be so
arranged that it cannot be used as a starter.
If in any case the permission of the licensing authority
in writing is given for the remote control of motors, ;t
suitable isolating switch shall be installed close to the motor.

(7) Ironclad and other enclosed switches, other than
tumbler switches, shall have the '0,~t' and 'Off' positions
clearly indicated.

(8) Switches and cut-outs shall be labelled as rnay be
considered necessary by the licensing authority, to indicate
clearly the main circuits or sub-circuits which they control.

77. (1) Ample space sliall be provided for [lie coii\,etii-
ent operation and proper maintenance of all switch gear;
any platform provided for such purposes shall be of fire-
resisting construction, and the floor shall be of a non-
conducting material or shall be covered with an insulating
mat. Guardrails and step-ladders with handrails shall be
pro\,ided where considered necessary by the licensing
authority.

(2) If considered necessary by the licensing authority
for obviating risk of shock, guardrails shall be constructed
of English oak or teak, and any metal within reach of a
person on the platforni shall be satisfactorilY 1.-)i-otecte(l.

78. (1) Wiring shall not be run in a ventilating duct,
flue or air shaft, or installed in a lift unless it is essential
for the operation of the lift.

(2) A cable duct shall be stopped at any point at which
it passes through a fire-resisting wall or floor so as to prevent
the passage of fire or smoke from one section of the duct
to another.





(3) Cable ways shall not be formed in the protective
covering of structural steel work.

(4) Conduits shall be efficiently protected against
corrosion.

(5) Where cables are permitted without conduits or
similar protection (e.g. for connexions to battens), they shall
be efficiently protected by an asbestic or other non-
inflammable covering, and shall be supported to the satisfac-
tion of the licensing authority. This paragraph shall not
apply to cables used in connexion with portable apparatus.

(6) The use of flexible cord or cable shall be avoided
whenever practicable. In any case in which such a con-
ductor is permitted it shall be as short a's possible. Each
cord or cable shall be fitted with a separate plug connexion.

(7) Sub-circuits for current-consuming devices other
than lamps shall not be connected to lighting circuits:
Provided that any such device which consumes not more
than 500 watts may be connected to a separate sub-circuit
of a lighting distribution board.

(8) Sub-circuits from one source of supply only shall
be taken into any fitting, and a voltage greater than 250
shall not exist between any conductors in any fitting.

(9) Multiple core and bunch cables shall be suitably
insulated and protected.

79. (1) All suspended fittings or apparatus, other than
small single-lamp pendants fitted at a height of less than
ten feet above the floor level, shall be provided with satisfac-
tory means of suspension independent of the conductors.
Heavy pendent fittings or apparatus shall, unless rigidly
fixed, be provided with two means of suspension indepen-
dent of the conductors. A self-sustaining winch shall be
provided for such fittings or apparatus, if the licensing
authority so requires. Proper means of access shall be
provided for the inspection and maintenance of the fittings
or apparatus.

(2) Fittings and accessories liable to interference or
damage shall be protected to the satisfaction of the licensing
authority.





(3) A sufficient number of sockets shall be installed to
minimize the use of flexible cords or cables. Plugs and
accessories connected to flexible cords or cables shall be fitted
with suitable clamps to grip the protective covering of the
conductors.

80. (1) Generators and motors sliall be designed for the
particular purposes for which they are required and siiall be
installed only in approved positions.

(2) Such macbines, unless of the or
flame-proof type, shall be installed in enclosures coils[ rucled
of fire-resisting materials and adequately ventilated.

(3) Every sucli ii-iaciiiiie shall be fitted witli a plate
indicating the type, voltage, speed, capacity aild, wliere
apphcable, the frequency and riumber of pliases.

81. (1) Resistances sliall be placed only in 1)ositi(II.S
approved by the licensing authority, and if so required by
11e licensing autliority sliall be installed in
enclosures which shall be ventilated to the satisfaction of. the
licensing authorit.y. Banks of resistances shall be centralized
and 5
-trranged so that each unit is readily accessible.

(2) Tracker wires shall be so installed and shielded tliat,
in the event of breakage, slackness or other displacernent,
they cannot inake contact with five nietal.

(3) Liquid resislances sliall be niounted oil appro\red
trays.

82. Radiators. convectors and otlier
devices shall riot bc installed except with the consent in
writing of the licensing authority. If sucii a device bc
ins(alled it shall be securely fixed in position and, if liable in
any circumstances to reacli a bigh temperawre, shall be
provided with a stout wire guard of c!ose iiies~i, securely fixed
and so ai-ranged that no part of the guard is within six inclies
of ally portion of the device wliicii is at a temperature.
The metal framework and the guard shall be eartlied.

83. Electric kettles, irons and other appliances shall be
used only in positions specially approved by the licensing
authority. If the temperature (f a non-lumlnous.appliance





be liable to exceed 212' F., a pilot lan-ip shall be installed to
indicate whether the current is oil or off. 'I'lle pilot lamp
final sub-circuit shall be separately fused oil each pole.

84. In any premises where a safety curtain is provided
to the proscenium opening-
(a)electric light shall be the only illuminant provided
for or oil the stage and (where such accommodation
is provided) in the st~i,,ye basenienl, the nies, 1)rop(,i,t~
rooms and scene stores;
(b)apparatus sliall be so fixed and arranged that it
cannot in anY circumstances interfere with the proper
Working of tile safety curtain.

85. (j) The outer cases ol' battens, footlights, lanterns
and similar fittings shall be of hard metal of not less than
No. 20 standard gauge (.o-c) inches). If wood be used for
the construction of portable lengths, it shall be teak or
P'nglish oak of such thickness as may be approved by the
licensing authority.

(2) Battens, lanterns and sinlilar fittings shall bc
ventilated and (he cases and all niefal work shall
be earthed.

(3) 'Fhe lamps and any parts of such apparatus. liable to
become hot shall be so arranged and guarded as not to
endanger scenery or other material. The guard shall be of
Wire MCS11 Or Of Such other type as will afford ventilation,
shall be rigidly fixed and, where practicable, shall be at a
distance of at least 12 inches vertically and 3 inches hori-
zontally from the casing of the lamp or holder.

(4) Each batten shall be suspended by at least three
steel wire ropes, and if required by the licensing authority
a suitable self-sustaining winch shall be provided.

86. If it is desired to instal in the auditorium or main
hall any lamp ol- apparatus for the purposes of stage
illumination, advertisement or special effects, such lamp or
apparatus shall be containe(] ill a suitable enclosure Iri-~-inged
to the satisfaction of the licensing authority.





87. Except with the consent of the licensing authority
and subject to any conditions of such consent, any lamp
which may be used in the auditorium for projecting advertise-
merits, stage illumination, special effects or for any other
purpose shall be contained in a suitable enclosure to the
satisfaction of the licensing authority.

88. If any system of illumination.be installed ,khicli is
not coil te ill plated ill these regulations, such conditions as
may be considered necessary bythe licensing authority shall
be complied with in respect of such system.

89. Suitably protected portable distribution boards
shall be provided as the licensing authority may consider
necessary to ensure adequate fuse protection to Sinall filial
sub-circuits fed through stage sockets. The current in any
Such sub-circuit supplying a number of small Incandescent
lamps shall be limited to 5 (iiitperes.

. 90. (1) The electrical installation shall be in the charge
of a competent person during the whole of the time that the
public are on premises.

(2) In premises where a safety curtain is provided to
the proscenium opening the electrician in charge of the
electrical installation, ol- a competent assistant electrician,
shall remain within the stage risk during the whole of the
time that the public are on the premises: Provided that
this rule shall not operate so as to prevent the electrician in
charge for the time being leaving the stage in case of urgent
necessity in connexion with the electrical installation.

91. (1) Temporarv electrical installations shall comply
with the regulations.

(2) All temporary installations sliall be disconnected
from the permanent installation immediately after each
occasion on which they are used and shall be entirely removed
immediately the i-iced therefor has ceased.

92. In premises where exhibitions or bazaars are to be
frequently held, suitable distributing means shall be per~
manently installed, with tappings each controlled by a
double-pole switch and double-pole cut-outs,





Distribution boards shall be provided as the licensing
authority may consider necessary.

93. All lampholders within normal reach shall be kept
fitted with lanips.

94. \Viring and apparatus which will be out of use
during the run of 51 production, or which are not likely to be
required for a period exceeding one nionth, shall.be dis-
connected during such period by, the withdrawal of the fuses
on both poles. Permanently disused wiring and apparatLIS
shall be removed.

95. A diagram and/or schedule indicating clearly, the
arrangements of the circuits and sub-circults, the position of
the distribution boards and the sizes of the cables shall be
kept in an accessible position oil premises.

96. At least one bucket filled with dry sand, or a
chemical extinguisher of a type approved by the Chief Officer
of the Fire Brigade, shall fie provided and kept readily
accessible the followi-,,'z. intake rooms, main
ng positions, 1 1
distribution ro ' oms, motor generator rooms, near stage switch
boards and in such other positions as the Chief Officer of the
Fire Brigade may, consider necessary.

97. In cases in which premises form part of larger
premises [lie electrical services for such part sliall not be
used for any purpose in connexion with the remaining parts
of the premises except with the consent in writing of the
licensing authority and in accordance with any conditions of
such consent.

98. RadiG apparatus or any, electrical amplifying
appriratus shall not be installed or used except with the
consent in writing of the licensing authority and in accord-
ance with any conditions,of such consent.

Cas

99. Gas meters and the connexions thereto shall be
installed in an enclosure constructed of fire-resisting materials.
,ri,e enclosure shall be ventilated to the open air and shall





be reserved exclusively for the meters and connexions. A
main cock with fixed handle shall be provided and shall be
accessible only to authorized persons.

100. Gas burners shall be guarded by wire guards or
glass globes or other efficient means and shall be protected
against draughts to the satisfaction of the licensing
authority. In open exitways or other exposed positions the
gas burners shall be enclosed in weatherproof lanterns.
Fittings and accessories liable to interference or damage
shall be protected to the satisfaction of the licensing
authority.

101. Any connexion to the gas mains for the supply of
one of the systems of lighting requiied by regulation 61
shall be rnade in such a manner that an accident to any
other gas services or supplies cannot jeopardize the
minimum lighting. A separate connexion to the gas main
shall be made for the supply to any large boiler, engine or
cooking plant and to such other apparatus as the licensing
authority inay determine.

102. (1) Piping other than the connexions to the meter
shall be.of hard metal and shall be securely fixed away
from electrical wiring and apparatus. Where lia151e to cor-
rosion, piping shall be efficiently protected by painting or
such other method as i-nay be approved by the licensing
authority.

(2) No wires for the purpose of grounding my
electrical apparatus shall be connected to gas piping.

103. Lighting brackets and similar fittings shall be of
a rigid pattern. Heavy pendent fittings shall be fitted with
secondary means of suspension.

104. Taps within reach of the public shall be of a key
pattern or shall be rendered inaccessible to unauthorized
person.s.

105. In any case in which remote control of gas lights
b
or appliances is permitted by the licensing authority, a suit-
able by-pass and pilot light installation shall be provided.





106. (1) Appliances for high-pressure gas lighting,
lime-light or any other purpose n 1 ot provided for in these
regulations shall not be installed except with the consent of
the licensing authority and in 'accordance with any condi-
tions of such consent.

(2) Ovens, geysers, gas-rings or, other gas appliances
shall not be installed except in positions or rooms specially
approved by the licensing authority. If installed, they
shall be mounted upon approved incombustible material
and, unless the licensing authority agrees otherwise, shall
be connected to the supply by rigid piping. Rubber or
soft metal tubing shall not be provided. Gas irons shall
not be provided except with the consent in writing of the
licensing authority, and in accordance with 'any condition of
such consent. The room or other place in which any such
appliance is installed shall be ventilated to the satisfaction
of the licensing authority and, unless specially exempted,
by the licensing. authority, shall be separated by fire..
resisting materials frorn the remainder of premises.

Ventilation and cooling..

107. (1) Means of ventilation capable of providing a
supply of outdoor air at the minimum rate of i,ooo cubic
feet per occupant per hour shall be installed at premises.
The ventilation shall be effected by means of mechanical
plant capable of giving a positive supply and shall be sup-
plemented, if so required by the building authority~ by a
mechanical means of exhaust ventilation : Provided that in
certain cases a positive supply shall not be required if the
building authority is satisfied that the standard of ventila-
tion prescribed by this regulation can be maintained by
natural means or by means of a mechanical exhaust system.

(2) The entering air shall be so distributed that all
occupied parts of the building, including entrance vesti-
bules, waiting spaces and refreshment saloons, are reached
and the vitiated air effectually displaced.

(3) The condition of the air shall not be regarded as
satisfactory if the amount of carbon dioxide in. occupied
portions of premises, taken at a level of three to six feet
above the floor level, exceeds io parts in io,ooo.





108. When a cooling plant is installed the machinery, in
connexion therewith shall be contained in a room ventilated
to external atinosphere and provided with fire-resistino*
2n
partitions and doors.

109. The inlet and outlet gratings, openings, Clucts and
~:1 Z1
fans shall be so placed, and of such size, that no objection-
able draughts are caused.

110. When air ducts and shafts are constructed of
material other than metal they shall be formed of or lined
with a Suitable smooth material Impervious to moisture.
All ducts shall have adequate rneans of access for cleaning
purposes.

111. In any premises where a safety curtain is provided
to the proscenium opening the installation shall be such
that under any conditions of working it shall not be possible
for a current of air to be drawn from the stage to the
auditorium, and in order to ensure this supplementary
mechanical means of extracting air from the stage shall be
provided if required by the building authority and the
licensing authority.

112. Independent means of eXtr-~ction from lavatories
and sanitary conveniences shali be provided and so
arranged that the air movements shall not be from the lava-
tories, and conveniences into other parts of premises.

113. All regulating valves and dampers necessary to
secure effective air distribution shall be fitted with pointers
or other means of indicating the positions in which they
are set and with an approved locking device which cannot
readily be interfered with by the public.

114. When practicable, means of access td all fans,
motors, control gear and other apparatus shall be provided
and the starting mechanism shall be adjacent to or in sight
of the machinery which it controls.

115. If two or more extraction fans are installed pro-
vision shall be made., if required by the building authority,
and the licensing authority, to ensure that the operation of





the fans shall not be ineffective in the event of one or more
of the fans being out of use.

116. If fans are provided for both the supply and
extraction of air and the Lise of the. extract fans alone is
found to cause discomfort, the motors shall, if so required
by the buildin ' - aulhority and the licensing authority, bi.,
interlocked so as to prevent any, of the extract fans being
run when the inlet fans are not working.

117. The materials used for the ventilation and cooling
equipment shall be incombustible as far as reasonably
possible.

118. The ineans of ventilation shall be used continuously
while the public are oil premises, so as to provide efficient
ventilation.

119. Detafled instructions relative to the working,of the
ventilation system shall be exhibited in such positions as
the licensin,y authority may require.

120. The ventilating shafts shall be kept clean.

121. The installation shall be' constantly Under the
supervision of a competent person.

122. Limelight, acetylene gas installations or steel
cylinders for the storage of compressed air, oxygen, hydro-
gen, or other gases or liquidS Under pressure, shall not be
used except with the consent of the licensing authority and
in accordance with any conditions of such consent. At
least seven days' notice shall be given of any proposal to
lise such apparatus.

123. Lighting fittings, switchboards, fuse-boards and
other electrical apparatus and accessories and heating
apparatus shall be so placed that they do not form 'an ob-
struction in any gangway, exitway, corridor or staircase, and
unless recessed or defended to the satisfaction of the build-
ing authority, shall not be less than 6 feet 9 inches above
the floor level.





PART II.

SPECIAL FIRE PRECAUTIONS RELATING TO CINFMATOGRAPH
OPERATION AND GINEMATCGRAPH FILMS THROUGHOUT
THE COLONY.

124. In this Part-

'building' includes any, booth, tent Or sirnilar Structure;
'new building` means a buil(ling erected or adapted after
3rd August, 1934, for the purpose of cinematograph
exhibitions.

125. No building shall be used for cinematograph
exhibitions unless it be provided with an adequate number
of exits clearly indicated and so placed and maintained as
readily to aflord the audience imple means of safe egress.

126. The doors of all exits shall be SO C011StrUcted and
maintained as easily to open outwards on being pressed
from within.

127. Seating shall be so arranged as not to interfere
with free 'access to any exit. Gan-ways, slaircases and
passages leading to exits shall, while the public are present
in a building, be kept clear of obstruction. No person
shall be allowed to stand or sit in any gangway intersecting
rows of seats or in the space between the front row of seats
and. the screen; and if standing be permitted by, the licens-
ing authority in any other gangway or portion of the audi-
torium, Sufficient room shall be left to allow persons to pass
easily to and fro.

128. The licensee or some responsible person nominated
by him in writing for the purpose shall be in charge during
the whole time of any exhibition and there shall also be
during that time a sufficient staff of attendants in a building
for the purpose of seCUring safety.

129. All persons responsible for or employed in or in
connexion with an exhibition shall take all due precautions
for the prevention of accidents and shall abstain from any
act whatever which tends to cause fire and is not reasonably
necessary for the purpose of the exhibition.





130. Fire appliances suitable to the character of a build-
in- and adequate to deal with an outbreak of fire shall be
provided and maintained in good working order. During
an exhibition such appliances shall be in the charge of
some person specially nominated for that purpose who shall
see that they are kept constantly available for use.

131. There shall always be within a cinematograph in-
closure sufficient.means of dealing with fire, readily avail-
able
for use, and these shall include a th ' ick woollen
blanket, two bucizets of water and a bucket of dry sand.
Before the commencement of each exhibition the operator
shall satisfy himself that the fire appliances within the
enclosure are ready for use.

132. No smoking shall at anytime be permitted within
a cinematograph encl osure, nor in a film room nor in my
part of premises ifi which films are stored, wound or re-
paired. Notices stating that smoking is prohibited shall bc
kept posted in tile enclosure and film room and any such
part of premises as aforesaid.

133. No inflammable article shall unnecessarily be taken
into or allowed to remain in the enclosure, the film room or
any part of premises in which films are stored, wound or
repaired.

134. Projecting apparatus shall be placed in an
enclosure of substantial construction rnade of or lined in-
ternally with fire-resisting material and of sufficient
dimensions to allow the operator to work freely.

135. All fittings and fixtures within the enclosure, other
than t ' lie frames Of Outside windows, shall be constructed
of or covered with fire-resisting material.

136. The entrance to the enclosure shall be suitably
placed and fitted with a self-closing close-fitting door of
fire-resisting material which shall be kept closed during an
exhibition. For the purpose of this regulation 'fire-
resisting material' includes teak or oak not less than two
inches thick.





137. The openings through which the necessary pipes
and cable pass into the enclosure shall be efficientlY, sealed
or bushed, as the case may be.

138. The openings in the front face of the enclosure
shall be covered with glass and shall not be larger than is
necessary for effective projection and observation.

E-ach such opening shall be fitted with a screen of fire-
resisting material, which can be released from both the in-
side and the outside of the enclosure so that it automaticallY
closes Nvith a close-fitting joint. Screens shall be so con-
structed and arranged that they can all be released
simultaneously from the operating position near any of the
projectors. 6penings shall not exceed three for each pro-
jecting apparatus. All screens shall be closed at the con-
clusion of the last dai,ly performance.

139. '1'he door of the enclosure and all openings, bushes
and joints shall be so constructed and maintained as to
prevent as far as possible the escape of any snioke into th ' c
auditorium or any part of a building to which the public
are admitted.

140. Adequate means of ventilation shall be provided,
with sufficient inlets and outlets to ensure a constant supply
of fresh air. Inlets and outlets shall communicate directly
with the outside of a building. and shall be so ai-ranged as
1
not to expose the operator to a direct draught.

141. If the enclosure is inside the auditorium, either a
suitable barrier shall be placed round the enclosure at a
distance of not less than two feet from it, or other effectual
mea~ns shall be taken to prevent the public frorri coming
into contact with the enclosure : Provided that this require-
ment shall not apply where the enclosure is of permanent
construction and is riot entered from the auditorium.

142. The enclosure shall be in the charge, of a competent
operator who shall be present in tile enclosure during the
whole time that the apparatus is in use. This shall not
prevent the operator from leaving the enclosure for i short





period in case of need provided that a competent assistant
is left in charge and the operator remains within immediate
ca 11.

143. No unauthorized person shall go into the enclosure
or be allowed within the barrier.

144. In the case of building,,, used habitually for cine-
inatograph exhibitions the enclosure sliall be outside the
auditorium and in the case of permanent buildings used
habitually as aforesaid the enclosure shall also be
permanent Provided that if the licensing authority is of
opinion that, in the case of an existing building, compliance
with either ol- both of these requirements is impracticable
Or in the circumstances unnecessary for securing safety, the
requirements shall riot apply. In any new building where
the enclosure is permanent, the enclosure shall also comply
with the following requirements---
(a) a window or shylight shall be provided;
(b) the entrance shall be froiri the open air;
(c)alternative means ~of egress shall be provided,
unless the licensing authority is satisfied that
compliance with this requirement is impracticable.

145. Projecting apparatus Shall be placed on firm
SUPPOrtS constructed of fire-resisting material. Every
lantern sliall be fitted with a metal shutter which can readily
be inserted by hand between the source of light and the
flliii gate, and every projector shall be fitted with a metal
shutter so arranged as automatically to cut off the film gate
from the source of light when the projector stops. The con-
strurtion of the film gate shall be substantial and such as
to afford arnple heat-radiating surface. The passage for
the film shall be sufficiently narrow to prevent flames
travelling upwards and downwards from the light-opening,
and the film must be securely held in the tipper film box.

146. Projectors shall be fitted with two metal boxes of
substantial construction to.and from which the film shall
be made to travel, unless both the film spools are contained
in a metal chamber of substantial construction below the
projector. There shall not be more than 2,000 feet of film
in either of the two metal boxes. The film boxes or
chamber shall be made to close in such a manner, and shall





be fitted with film slots so constructed, as to prevent the
passage of flame to the interior of the box or chamber and
they shall remain so closed during the whole time that pro-
jection is taking place.

147. Take-up spools shall be mechanically driven and
films shall be wound on spools so that the wound film does
not at any time reach or project beyond the edges of the
flanges of the spool.

148. During an exhibition all films when iiot'iii use shall
be kept in closed metal boxe-s of substantial construction.
When in the enclosure not rnore than six spools shall be
kept in one box at the same time.

149. The total amount of film kept in any building
licensed or used as a place of public entertainment shall not
exceed live hundred and sixty reels or one ton.

Not more thall 20,000 feet of film in all shall be kept in
the enclosure and the rewinding room at the sarne time.
Film in excess of this arnount shall be stored elsewhere in
accordance with the Celluloid and Cinematograph Filin
Ordinance, 1923, and any regulations made thereunder.

150. A separate. roorn shall be provided for the rewinding
and repairing of films and shall be constructed throughout of
or !ined internally with fire-resisting inaterial.

151. All fittings and fixtures within the rewinding room
shall be constructed of or covered with fire-resisting material,
and the entrance shall be provided with a self-closing close-
fitting door of fire-resisting material which shall nol com-
municate directly with the auditorium or any part. of a
building to which the public are adinitted. If there is any
communicating doorway or other opening between the
enclosure and the rewinding room it shall also be provided
with a door or shut.ter of fire-resisting material.

For the. purpose of this regulation 'fire-resisting
material' includes teak or oak not less than two inches
thick.





152. The rewinding roorn shall be provided with adequate
rneans of ventilation, with Sufficlent inlets and outlets to
ensure a constant supply of fresh air. Inlets and outlets sliall
communicate directly with the outside of a building.

153. Alternative nicans of egress shall be provided other
Ilmn through the enclosure : Provided that if the licensing
~iutliority is of opinion that in the circumstances compliance
with any of the provisions of regulations 150 to 153 is
impracticable or in the case of any of the provisions of
regulations i5o, iSi and 153 unnecessary for securing safety,
such compliance shall be dispensed with.

154. W11C1'C a building is used only occasionally for the
purpose of ciiiciiit(ogrtpli exhibitions the provisions of
regulations 126 and 149 shall not apply unless specially
imposed by the licensing authority in cases of exceptional
danger, but the following requirements shall be complied
with-
(11) the doors of all exits shall be arranged to rneet 'Ally
. requirements of the licensing authority;
(h)1he film boxes fitted to the projector shall not exceed
iS inches in diameter, inside measurement;
(c)not rnore than three spools sliall be kept in the
enclosure at any one time.

155. Where a portable self-contained projector is used,
the provisions of regulations 126, i3o and 132 to 15- inclusive
shall not apply 1)i-(..vided that regulations 124, 1251 127, 128,
129, 131 (with the substitution of the words 'reserved space'
for the word 'ciiclostii-e'), 154 (whether or not the buildi ng
is only occasionally used) and 156 to 16o inclusive are corn-
plied with.

156. (1) If the projector is erected in any part of tile
auditorium or any place to which the public have access,
effective means shall be -adopted, whether by the erection of
a suilable barrier or otherwise, to maintain round the
projector a cletr space of at least 3 feet, hereinafter referred
to as the reserved space.

(2) No uiiaLItflOri7cd person shall be allowed within the
reserved space.





(3) No smokino. shall at, an), time be permitted within
the reserved space.

(4) No inflammable article shall unnecessarily be taken
into or allowed to rernain in the reserved space.

157. The projector shall be placed on a fil-111 support and
shall be kept clear of the access to in), exit.

158. (1) The projector and the illuminant shall be entire-
ly enclosed in a casing of fire-resisting material except for
such openings as are necessary for effective manipulation and
ventilation.

(2) Any electric wiring or terminals fitted within the
casing shall be so placed that it is impossible for films in
use in the projector to come in contact With tliern.

(3) Each electric circuit on the projector shall be fitted
with a separate sm,itcl~ controlled from otitsiele the casing
and so placed as to be within reach of the operator \\Then
standing at the projector.

(4) No illuminant other than electric light in hermetical-
ly scaled lamps sfia.11 be used within the projector, and the
illuminant sha.11 be separately encased in such a way is to
prevent contact with the filin.

(5) The heat of the illuminan(, and its position in
relation to the optical system, shall be suell th,-11 it is
impossible for the rays, of liglit to ignite a slationary film.
The power consumed by the illuminant sliall not exceed
1,000 watts.

159. (1) The projector shall belitted with flin-boxes of
fire-resisting material, whicli shall be made to close in such
manner, and (where ribbon film is employed) shall be fitted
with film-slots so constructed, as to revent the passage of
p
flame to the interior of the box.
(2) Film boxes shall not be. capable of carrying films of
more than a total length Of 2,000 feet.
(3) At no time shall a filni be exposed except the portion
necessary for threading up.
(4) During an exhibition riot more than two reels of
film shall be in the auditorium at ally Olle tinle. If furtlier
reels of film are required, they shall be kept in closed metal


boxes outside the auditorium, and if in the building, in a
place approved by the licensing authority.

160. A copy of such of the regulations in this Part as
apply when a portable projector is used shall be exhibited in
any room or place in which a portable projector is used for
the purposes of an exhibition.

PART III.

OTHER PLACES OF PUBLIC ENTERTAINMENT IN THE ISLAND
OF HONG KONG, KOWLOON AND NEW KOWLOON.

161. (1) Any person who desires to use any building,
matshed, tent or other structure to which this Part applies,
hereinafter referred to as 'the place', for a public entertain-
ment shall send in an application to the Secretary for Chinese
Affairs which shall contain the following information-

(a) the names, descriptions and addresses of the person
or person making the application; and

(b) the character of the entertainment for which the
place is proposed to be used and the locality of the
place.

If the Secretary for Chinese Affairs approves of such
application he shall send it to the Commissioner of Police
for his approval, who, if he approves of the application,
shall send it to the building authority who shall, unless
owing to special circumstances he chooses to grant any
modification under regulation 171, be supplied by the
applicant with plans and section to a scale of not less than
1/20 of an inch to a foot together with a block plan showing
the position of the place in relation to adjoining buildings
and public streets with such completeness as the building
authority may require. Such plans shall be amended in any
particular required by the building authority and shall be
retained by him and shall show the number of person to be
accommodated in the various parts respectively of the place
and also the widths of all staircases, corridors, gangways
and doorways. Printed copies of plans and sections suitable
for submission in accordance with this requirement may be
obtained from the office of the building authority on payment
of a fee of $5 in each case.





(2) The Commissioner of Police'as licensing authority
may, upon being informed by the building ititliority, that lie
has no objection, issue a licence for a public entertainment
as specified in the licence, to be held ill the place oil the d~i~
or days specified ill the licence.

162. Ill the case of any tent or similar structure which it
is desired to use for a public entertaini-nent the pi-o~,Isioils
contained in regulation 163 shall, as far as practicable, be
applied.

163. (1) The follo~vitig requirements sliall apply in the
case of every matshed which it is desired to use ot- which is
licensed for a public entertainment-
(a)no part of the structure shall be bi-tilt over water
having a depth of more thall 3 feet at high tide;
(b)the structure shall not be within So yards of ally
other building, except with the permission in writ-
ing of the building authority ;
(c) the structure shall not exceed one storey in height
(d)no part of the floor Of Such structure shall be ITIOIT
than 4 feet 6 inches above the level of the ground ;
(e)the side of every such structure for a height. of 8
feet above the floor shall be left open and
unenclosed except by a light open fence constructed
to the satisfaction of the licensing authority or
some officer deputed by him;
gang'ays shall be formed and maintained to the
satisfaction of the licensing authority or an ofFicer
deputed by him. Such gangways shall not be less
than 4 feet ill width and not more than 20 feet
apart ;
(g)exits shall be provided and maintained to the satis-
faction of the licensing authority ol- ail officer
deputed by hini ;
(h)all gangways, exits and passages shall be ket)t at
.all -times free from any -obsti uction whatsoever .
(i)the number of persons admitted shall be limited to
thos6 for whom seating accommodation is provided
and in no case shall such number exceed 2,ooo ;
any artificial lighting arrangement--, shall be to the
special satisfaction in each case of the licensing
authority or an officer deputed by him ;





(7,)axes and choppers shall be provided in convenient
positions within the structure to the satisfaction of
the licensing authority or an officer deputed b~
him
(1)fire buckets not less than 48 in number shall be
provided to the satisfaction of the licensing
authority or in officer deputed by himi and shall be
kept filed with water within the structure;
On)fire-extinguishing apparatus of such type as the
Chief Officer of the Fire Brigade may deern neces-
sary shall be provided and in any particular case
lie may direct that the. matshed shall be further
protected by the provision of uniformed Govern-
merit firemen. The expenses of the provision of
rnen and apparatus shall be borne by the licensee ;
(v)dressing rooms shall be situated not less than 20
feet distant from the main structure, and if corn-
munication is allowed, such communication shall
be by means of open bridges only;
(o)no cooking shall be allowed in or near the
structure ;
(p)no smoking shall be allowed within the structure
and the licensee shall take all reasonable precau-
tIons to prevent it.

(2) In respect of any licence under this Part the
Secretary for Chinese Affairs, the Commissioner of Police
and the building authority may add or SUbstitute further-
or other conditions in any case in which it may appear
desirable to do so, but the licensee shall have the right to
appeal against the imposing of such further or other con-
ditions to the Governor in Council whose decision shall be
final.

PART IV.

PLACES OF PUBLIC ENTERTAINMENT IN THE NEW TERRITORIES
EXCEPT NEW KOWLOON EXCLUSIVE OF BUILDINGS SPECIALLY
DESIGNED AS THEATRES AND CINEMAS.

164. Any person who desires to use any building,
matshed or place for a public entertainment shall send an
application in writing to the District Officer of the district





in which such building, matshed or place is situate; the
application shall state-
(a)the names, descriptions and addresses of the
person or persons making the application ;
(b)the character of the entertainment for which the.
premises are proposed to be used, the locality of
the premises and the general nature of the build-
ing, matshed or place.

165. (1) The District Officer may, impose slich of tile
conditions contained in Part III as he may deein applicable
and expedient and any other special conditions lie may
consider necessary having regard to the construction of the
premises and any other matler whatsoever.

(2) If satisfied that the specified requirements have
been complied with the District Officer may in his discre-
tion issue a licence for such period as may appear expedient.
No fee shall be payable for any such licence.

166. The District Officer may during the currency of
any licence impose any further conditions he may consider
necessary or may amend any existing conditions and such
further or amended conditions, together with the original
conditions, shall as from the tirne when the further condi-
tions were imposed or the original conditions amended be
deemed to be the conditions of the licence.

167. No boxing contest and no entertainment other than
that mentioned in any licence shall be held in any building,
matshed or place licensed for a public entertainment in the
New Territories without the special permission of the Dis-
trict Officer of the district concenied endorsed on such
licence. This regulation shall be deemed to be a condition
of every licence for a public entertainment issued by a
District Officer.

PART V.

GENERAL.

168. No boxing contest shall be held in any building
or place licensed for a public entertainment, without the
special permission in writing of the licensing authority en-
dorsed on such licence.





169. No entertainment of a kind other than that mentioned in any licence shall
be held in any building or place licensed for a public entertainment, without the
special permission of the licensing authority endorsed on such licence. This regulation
shall be deemed to be a condition of every licence for a public entertainment issued under
these regulations.

170. In the case of a temporary building no licence will be issued for a longer
period than one month, but such licence may be renewed at the discretion of the licensing
authority.

171. The building authority in collaboration with the licensing authority may,
where he considers any of the provisions of any of the foregoing regulations, owing to
special or structual circumstances, inapplicable or inexpedient, grant such modifications
as he may think desirable on receiving a written application.

172. The licensing authority and any police or fire brigade officer deputed by him
are empowered to enter any place of public entertainment at any time, whether during
the performance of a stage play or otherwise, for the purpose of inspecting the same,
including any fire service or apparatus in connexion therewith, and of seeing that all
regulations applicable thereto are duly observed.

PART VI.

PENALTIES, AND POWERS OF THE LICENSING AUTHORITY AND POLICE.

173. Every person holding a licence under these regulations who fails to comply with
any of the conditions of his licence or with any of the provisions of these regulations,
and every person who commits a breach of any of the provisions of these regulation for
which no other penalty is imposed, shall upon summary conviction be liable to a fine of five
hundred dollars.

174, Every person who smokes in any part of a place of public entertainment where
smoking is prohibited, or who stands or sits about or otherwise obstructs any gang-




way, passageway or vestibule during the performance of a
stage play, or who obstructs any police ol- other officer ill
the discharge of the duties irnposed oil hirn h),- these re-ula-
tions or otherwise, shall upon summary Conviction be fiable
to a fine of twenty-five dollars.

175. The licensing authority sliall, SUbJect to tlic
approval of tile Governor in Council, have 1)ow(-.,i- at all
times by notice in fortliwith to cancel ans, licence
without payment of nny compensation, upon bein.. salisified
that any of the conditions of the licence liave not been
complied with ol- tliat tliere lias been disorder ai ol- upon
premises (r that the performance of any public ciitertiiii~
ment is or has heen offensive to good manners or decorurn
or calcu!ated to corrupt public morals. An ' ~, holder of a
licence who continues the performance of any public enter-
tainment after the receipt of such notice sliall be liable
upon summary conviction to a fine of one thousand dollars.
Any police officer not under the rank of .1~,ssist~iiit Super-
intendent shall also liave po\ver to close, in anY
performance if, in his discretion, lie considers it necessary
in the interests of peace and good orcler to do so.

176. M7lien. it al)pears to tile Commissioner of Police,
or to any police officer no! under the rank ol' Assistant
Superintendent, that lby reason of any breacli of these
regulations or for any other reason whatsoever, it is neces-
sary for [lie safety or preservation of in), person or any
property, or the avoid,-ince or' arty casualty, or the p:',~'CII-
tion or discontinuance of any disorder, ol- the prevenlloll
or discontinuance, Of Mly public entertainment offensive to
good manners ol- decoruni ol- calculated to coi-i-til)t public
morals so to do, it shall be lawful for Illin and for
police officer specially aulliorized by the Commissioner of
Police in that behalf to order, ill person, tliat In.), 1)1,ICC
of public entertainment bc t~eiiil)oi-.ii-il)l closed ol- vacaled,
and upon such order every inernber of any nudience, and
every other person ~vliosoevei., shall fortliwilli comply \\,itli
such order in an orderly manner. Furthermore, it shall be
lawful f& the Commissioner of Police, and for any, police
officer not tinder the rank of Assistant Superintendent or
authorized as aforesaid, to tahe, in person ol- tinder his
personal superintendence, stich steps with a view to renloval





or mitigation of the cause of danger or offence, or with
a view to the protection of any person or any property,
or avoidance of any casualty, as may be considered
expedient. No claim whatsoever shall be made against the
Commissioner of Police or any police officer or against any
person assisting the police and Under police direction in
respect of any act done under this regulation.

PART VII.

CENSORING OF CINEMATOGRAPH FILMS AND POSTERS AND
USE OF CINEMATOGRAPH THEATRES.

177. All cinematograph films and posters, hereinafter
called films and posters, shall be censored by a board of
censors, or by a member of such board, or by sonic other
Persons authorized in that behalf by the board in writing
with the approval of the Governor. No film or poster
shall be exhibited unless it has been censored and passed
by the boarel of censors or by a member of such board
or by sonic other person authorized as aforesaid.

178. The board of censors shall consist of the Commis-
sioner of Police, the Secretary for Chinese Affairs and the
Director of Education.

179. Any owner or hirer of any film or poster who may
be dissatisfied with the decision of any individual censor
shall have a right of appeal to the board of censors, whose
decision shall be final.

180. The fee for censoring films in any appeal as ]fore-
said shall be $25.00 Per reel. Ill all other cases of censor-
ing films the fee shall be $3.00 per short reel or trailer
Of 300 feet or under, $6.00 per short reel or trailer exceed-
ing 300 feet but not exceeding 500 feet. $12.00 per reel
exceeding 5oo feet but not exceeding 1,000 feet, and $15.00
per reel exceeding 1,000 feet. Posters will be censored free
of charge.

181. It shall be the duty of all managers of cinema-
tograph theatres to arrange for the projection or display
of all films and posters for censoring at a place to be
appointed by the board of censors.





182. Cinematograph theatres shall bc used for the
exhibition of films only and shall not be used for any other
purpose without the express permission in writing of the
Commissioner of Police.

PART VIII.

FEES.

183. Except as provided by paragraph (2) of regula-
tion 165 the following fees are payable in respect of
licences-

For a period- $

not exceeding 1 month ....1 .....60.00
exceeding 1 month but Not exceeding 3 month 120.00
3 months 6 210.00
6 12 360.00

No licence shall be valid for a longer period than
twelve months.

184. The Governor in Council may, upon good cause
being shown to his satisfaction, exempt from the operation
of any provision of any of the above regulations any
building, matshed, tent or other structure or place kept or
used for a public entertainment, and may reduce the fee
payable in respect of any licence.

CHAPTER 173.

(Ordinance No. 29 Of 1936)

PLEASURE GROUNDS AND BATHING PLACES.

Omitted

(under authority of section 10 of Ordinance No. 20 of 1948).
Regulations - Fraser, vol. 3, p. 882. G.N. 680/41. G.N. 509/46. G.N. 655/47. (Cap. 172.) Licences. [r. 1 cont.] Notice of intention to open place of public entertainment. Plans, etc. Site: accommodation up to 2,000; accommodation up to 3,000; accommodation up to 5,000; accommodation over 5,000; accommodation up to 500; access between thorough-fares; passageways. Maintenance; alterations. Notice of repairs. [r. 6 cont.] Premises under or over any other building. Living rooms. Opening in walls. Drainage. Walls. Floors, tiers and roofs. Exit, etc. notices. Tiers, number and slope. Tiers, height. Level of pit and stalls. Entrances and exits. Corridors, passages, etc. Pay boxes and check boxes. Vestibules. Cloak-rooms. Staircases. Doors and fastenings. [r. 23 cont.] Collapsible gates and rolling shutters. Barriers. Chains and padlocks. Gangways. Non-slippery surfaces. Edges of steps. Mats and floor coverings. Curtains. Resters. Enclosures. Waiting spaces. Permanent seating. Chairs. [r. 36 cont.] Seating; opera glasses. Proscenium wall and safety curtain; stage exits; electric light and smoking on stage; safety curtain; stage properties; [r. 38 cont.] roof above stage; ventilation of stage; exemptions; penalty. Stage floors. Flies, gridirons and scenery; access to flies, gridirons, etc. Scenery. Storage of scenery, etc. [r. 41 cont.] Dressing-rooms and staff rooms. Scene stories, workshops, etc. Kitchens and serveries. Ironwork. Inflammable linings, etc. Decorations hangings, etc. Skylights, etc. Fire-resisting doors, etc., to be self-closing. Boxes. Fire appliances; hydrants, drenchers, etc. Telephone and fire alarm. Lightning conductors. Water-closets and urinals. [r. 54 cont.] Natural lighting. Admission of light and air. Dustbins. Certificates of stability for lighting system. Power to ask for certificate. Regulations not applicable to certain premises. Lighting; two independent systems of lighting. Minimum lighting. Lighting of auditorium. Necessity to provide good illumination. Separation of systems. Recesses, cupboards, etc. Oil or candle lamps. Lighting of exit notices. [r. 68 cont.] Lighting of exit notices. Notices in auditorium. Lighting of stage, etc., exits. Gas, oil, etc., lamps. Lamp shades. Electrical intake enclosure. Boiler, etc. enclosure. Switchboards control apparatus, etc. [r. 76 cont.] Switchboards, platforms, etc. Wiring. Fittings, accessories, etc. [r. 79 cont.] Machines. Resistances. Radiators and convectors. Electric kettles, irons, etc. Stage and platform illumination. Battens, footlights, etc. Projector lamps, etc., in auditorium. Lamps for special purposes. Special lighting. Connexions to stage sockets. Electrician. Temporary electrical installations, Exhibitions, etc. Lamp-holders. Disused wiring and apparatus. Diagram of wiring. Fire appliances. Installations for unlicensed and main portions of premises. Radio installations. Gas meters and main control. [r. 99 cont.] Guards for burners. Separation of supplies. Piping. Lighting fittings, etc. Taps. Remote control. Other gas installations. Ventilating installations. Cooling plant, Positions of inlets, etc. Duct and shafts. Position of inlets, etc., in relation to stage. Ventilation of lavatories, etc. Valves and dampers. Access to fans, etc. Short-circuiting of air supply. Interlocking of fans. Incombustible material. Continuous use. Working. Ventilating shafts. Maintenance. Acetylene, limelight and compressed gas cylinders. Position and protection of lighting, heating and other fittings. Interpretation. Exits. Exit doors. Seating and gangways. Presence of licensee and attendants. Precaution against accidents and fire. Fire appliances. Prohibition of smoking. Inflammable articles. Enclosure for projecting apparatus. Fittings, etc., of enclosure. Entrance to enclosure. Openings in enclosure. Door, etc., of enclosure. Ventilation of enclosure. Barrier. Competent operator. Prohibition of entry. Enclosure to be outside auditorium. Projecting apparatus. Projectors. [r. 146 cont.] Take-up spools. Films to be kept in boxes. Maximum length of film. (23 of 1923). Rewinding room. Fittings, etc., of rewinding room. Ventilation of rewinding room. Means of egress. Exemption. Portable projector. Reserved space for projector in auditorium. [r. 156 cont.] Projector support. Projector casing. Film boxes and films. Licences. [r. 161 cont.] Tents. Matsheds. Applications for licences. [r. 164 cont.] Powers of District Officers. No entertainment other than that specified in licence. Boxing contests. Special permission. Temporary building. Power to allow modifications. Right of entry. General penalty. Smoking. [r. 174 cont.] Cancellation of licence. Special powers of police. Board of censors. Appeal. Fees. G.N. 509/46. Duty of managers to facilitate censoring. Cinematorgraphs to exhibit films only except with permission. Fees. G.N. 655/47. Exemption.

Abstract

Regulations - Fraser, vol. 3, p. 882. G.N. 680/41. G.N. 509/46. G.N. 655/47. (Cap. 172.) Licences. [r. 1 cont.] Notice of intention to open place of public entertainment. Plans, etc. Site: accommodation up to 2,000; accommodation up to 3,000; accommodation up to 5,000; accommodation over 5,000; accommodation up to 500; access between thorough-fares; passageways. Maintenance; alterations. Notice of repairs. [r. 6 cont.] Premises under or over any other building. Living rooms. Opening in walls. Drainage. Walls. Floors, tiers and roofs. Exit, etc. notices. Tiers, number and slope. Tiers, height. Level of pit and stalls. Entrances and exits. Corridors, passages, etc. Pay boxes and check boxes. Vestibules. Cloak-rooms. Staircases. Doors and fastenings. [r. 23 cont.] Collapsible gates and rolling shutters. Barriers. Chains and padlocks. Gangways. Non-slippery surfaces. Edges of steps. Mats and floor coverings. Curtains. Resters. Enclosures. Waiting spaces. Permanent seating. Chairs. [r. 36 cont.] Seating; opera glasses. Proscenium wall and safety curtain; stage exits; electric light and smoking on stage; safety curtain; stage properties; [r. 38 cont.] roof above stage; ventilation of stage; exemptions; penalty. Stage floors. Flies, gridirons and scenery; access to flies, gridirons, etc. Scenery. Storage of scenery, etc. [r. 41 cont.] Dressing-rooms and staff rooms. Scene stories, workshops, etc. Kitchens and serveries. Ironwork. Inflammable linings, etc. Decorations hangings, etc. Skylights, etc. Fire-resisting doors, etc., to be self-closing. Boxes. Fire appliances; hydrants, drenchers, etc. Telephone and fire alarm. Lightning conductors. Water-closets and urinals. [r. 54 cont.] Natural lighting. Admission of light and air. Dustbins. Certificates of stability for lighting system. Power to ask for certificate. Regulations not applicable to certain premises. Lighting; two independent systems of lighting. Minimum lighting. Lighting of auditorium. Necessity to provide good illumination. Separation of systems. Recesses, cupboards, etc. Oil or candle lamps. Lighting of exit notices. [r. 68 cont.] Lighting of exit notices. Notices in auditorium. Lighting of stage, etc., exits. Gas, oil, etc., lamps. Lamp shades. Electrical intake enclosure. Boiler, etc. enclosure. Switchboards control apparatus, etc. [r. 76 cont.] Switchboards, platforms, etc. Wiring. Fittings, accessories, etc. [r. 79 cont.] Machines. Resistances. Radiators and convectors. Electric kettles, irons, etc. Stage and platform illumination. Battens, footlights, etc. Projector lamps, etc., in auditorium. Lamps for special purposes. Special lighting. Connexions to stage sockets. Electrician. Temporary electrical installations, Exhibitions, etc. Lamp-holders. Disused wiring and apparatus. Diagram of wiring. Fire appliances. Installations for unlicensed and main portions of premises. Radio installations. Gas meters and main control. [r. 99 cont.] Guards for burners. Separation of supplies. Piping. Lighting fittings, etc. Taps. Remote control. Other gas installations. Ventilating installations. Cooling plant, Positions of inlets, etc. Duct and shafts. Position of inlets, etc., in relation to stage. Ventilation of lavatories, etc. Valves and dampers. Access to fans, etc. Short-circuiting of air supply. Interlocking of fans. Incombustible material. Continuous use. Working. Ventilating shafts. Maintenance. Acetylene, limelight and compressed gas cylinders. Position and protection of lighting, heating and other fittings. Interpretation. Exits. Exit doors. Seating and gangways. Presence of licensee and attendants. Precaution against accidents and fire. Fire appliances. Prohibition of smoking. Inflammable articles. Enclosure for projecting apparatus. Fittings, etc., of enclosure. Entrance to enclosure. Openings in enclosure. Door, etc., of enclosure. Ventilation of enclosure. Barrier. Competent operator. Prohibition of entry. Enclosure to be outside auditorium. Projecting apparatus. Projectors. [r. 146 cont.] Take-up spools. Films to be kept in boxes. Maximum length of film. (23 of 1923). Rewinding room. Fittings, etc., of rewinding room. Ventilation of rewinding room. Means of egress. Exemption. Portable projector. Reserved space for projector in auditorium. [r. 156 cont.] Projector support. Projector casing. Film boxes and films. Licences. [r. 161 cont.] Tents. Matsheds. Applications for licences. [r. 164 cont.] Powers of District Officers. No entertainment other than that specified in licence. Boxing contests. Special permission. Temporary building. Power to allow modifications. Right of entry. General penalty. Smoking. [r. 174 cont.] Cancellation of licence. Special powers of police. Board of censors. Appeal. Fees. G.N. 509/46. Duty of managers to facilitate censoring. Cinematorgraphs to exhibit films only except with permission. Fees. G.N. 655/47. Exemption.

Identifier

https://oelawhk.lib.hku.hk/items/show/1982

Edition

1950

Volume

V10

Subsequent Cap No.

172

Number of Pages

52
]]>
Tue, 23 Aug 2011 15:47:58 +0800
<![CDATA[PLACES OF PUBLIC ENTERTAINMENT ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1981

Title

PLACES OF PUBLIC ENTERTAINMENT ORDINANCE

Description






CHAPTER 172.

PLACES OF PUBLIC ENTERTAINMENT
REGULATION.

To consolidate and amend the law relating to Places of
Public entertainment.

[31st October, 1919.]

1. This Ordinance may be cited as the Places of
Public Entertainment Ordinance.

2. In this Ordinance-
'entertainment' includes any concert, stage Play, stage
performance, cinematograph display, exhibition of
dancing, conjuring or juggling, acrobatic performance,
boxing contest or circus, or any other entertainment of
a similar character;
'public entertain ment' means any entertainment, as above
defined, to which the general public are admitted with
or without payment for admission.

3. It shall not be lawful for any person to keep or
use any permanent or temporary building or matshed for
any public entertainment without a licence to be granted as
licreinafter provided, under a penalty of two hundred dollars
for every day on which such building or matshed has been
so kept or used for the purpose aforesaid.

4. (1) Ne person shall advertise, present or carry
on any cinematograph display to which the public are
invited, or cause any such display to be advertised,
presented or carried on, except under a permit in writing
from the Commissioner of Police, who shall have full
discretion to grant, withhold or cancel the same, and in the
case of a cinematograph display at a Chinese theatre to
which the public are invited, such person must also obtain
a permit in writing for such perforniance from the Secretary
for Chinese Affairs.

(2) No such permit by the Commissioner of Police
shall be given until the film or films to be used at such
display and the poster or posters in connexion therewith
have been censored aiid passed in accordance with such





regulations as may be made for the purpose under this
Ordinance, and any film or poster, when once censored
and passed as aforesaid, shall not be altered or added to
in any way whatsoever without a fresh censoring aiid
passing.

5. Aily person who advertises, presents or carries oil
any cinematograph display to which the public are admitted,
or causes tile saille to be advertised, presented or carried
on, without the permit of the Commissioner of Police shall
upon summary conviction be liable to a lline of two thousand
dollars.

6. (1) No person shall sell, or offer or exhibit or
have in his possession for sale, or solicit the purchase of,
any ticket or voucher authorizing or purporting to authorize
admission to any place of public entertainment licensed
tinder this Ordinance or aily place with respect to which
duty on payments for admission is payable under the
Entertainments Tax Ordinance-
(a) in any public thoroughfare, or in the entrance liall
of, or approaches to, any SLICII place as aforesaid,
except at a box-office, booth, turnstile or counter
appointed by the proprietor or mana er of such
place or by the organizer of the entertainment,
exhibition, performance, amusement, game or sport
held therein, or
(b)at a price exceeding the aniount lixed by such
proprietor, rnanager or organizer to be charged
therefor, inclusive of the duty, if any, payable.

(2) Any person who contravenes the provisions of this
section shall Lipon surnmary conviction be liable to a fine
of two thousand dollars. [5A]

7. The Governor in Council may by regulations
prescribe or provide for-
(a)the mode of application for licences for any
building, whether permanent or temporary, or for
any matshed, to be used for any public entertain-
ment, and the issue of such licences to such person,
for such period of time and during such hours, as
may. be respectively determined in every such
licence ;





(b) cancellation of any such licence;
(c)payment of fees in respect of 'all or any of such
licences;
(d)the materials of which any such licensed building
or matshed is to be constructed, and regulating
the mode of building, staircases, corridors,
gangways, vestibules, seating accommodation,
entrances, exits, doors and fastenings, and all
other matters appertaining to the same;
(e)exercise of all such measures as may be prescribed
in any such regulation against overcrowding, and
for the control aiid prevention of fire in any such
building or matshed, and for the maintenance of
the sanitary condition of such building or matshed;
maintenance of peace and good order in any such
building or matshed;
(g)entry and inspection of any such building or
matshed at any time by the Commissioner of Police,
the Building Authority aiid any other officer
authorized by the Governor in that behalf;
(h)censoring of cinematograph films and posters in
such manner and on such principles as may be
prescribed in such regulations;
(i)fees to be paid in respect of such censoring;
(j) any conditions whatsoever for any licence, permit
or permission to be given under this Ordinance
or under any regulations made thereunder;
(k) the imposition of penalties for breach of any
regulations made in pursuance of this section and
the mode of recovery of the same; and
(l) generally carrying into effect the provisions of this
Ordinance. [6]

8. (1) Subject to the provisions of this Ordinance no
person shall advertise, present or carry on any public enter-
tainment without a permit from the Secretary for Chinese
Affairs, the Commissioner of Police, or the District
Commissioner.

(2) Every such permit may be conditional and shall be
revocable by the issuing officer and shall be issued to one
person only by name, the words 'and others' being added
after such person's name.





(3) The person so named shall be responsible for the
due observance of all the conditions of the permit and shall,
if so required, furnish security for the observance thereof.

(4) Every person who contravenes the provisions of
this section shall upon summary conviction be liable to a
fine of two thousand dollars. [7]
Originally 22 of 1919. Fraser 22 of 1919. 2 of 1941. 22 of 1950. Short title. Interpretation. [cf. Cap. 114, s. 2.] Licences for places of public entertainment. Permits required for Cinematograph displays. Censoring of films and posters. [s. 4 cont.] Penalty for presenting cinemas without permit. 22 of 1950, Schedule. Restrictions on the unauthorized sale of tickets. 2 of 1941, s. 2. (Cap. 110). 22 of 1950, Schedule. Power to make regulations for places of public entertainment. Permits for public entertainments. [s. 8 cont.] 22 of 1950, Schedule.

Abstract

Originally 22 of 1919. Fraser 22 of 1919. 2 of 1941. 22 of 1950. Short title. Interpretation. [cf. Cap. 114, s. 2.] Licences for places of public entertainment. Permits required for Cinematograph displays. Censoring of films and posters. [s. 4 cont.] Penalty for presenting cinemas without permit. 22 of 1950, Schedule. Restrictions on the unauthorized sale of tickets. 2 of 1941, s. 2. (Cap. 110). 22 of 1950, Schedule. Power to make regulations for places of public entertainment. Permits for public entertainments. [s. 8 cont.] 22 of 1950, Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/1981

Edition

1950

Volume

v4

Subsequent Cap No.

172

Number of Pages

4
]]>
Tue, 23 Aug 2011 15:47:57 +0800
<![CDATA[WILD BIRDS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1980

Title

WILD BIRDS REGULATIONS

Description






WILD BIRDS.

WILD BIRDS REGULATIONS.

(Cap. 171, section 15).
(Ordinance No. 15 Of 1922).

[1st September, 1922.]

1. These regulations may be cited as the Wild Birds
Regulations.

2. For the purposes of the Ordinance-
11garne' means snipe, woodcock, plover, curlew, teal, wild
duck, wild geese, partridges, quail, pigeons and doves;
I'veriiiin', rneans magpies, kites and hawks of all descrip-
tions.

3. The close season for the purposes of section,7 Of
the Ordinance shall be the period extending in any year
from the ist da), of February to the iSth day of October,
both days inclusive, for the protection of partridges and
quail, and the period extending from the ist day of March
tO tllc 14th day of September, both days inclusive, for the
protection of pigeons and doves.

4. The period referred to in subsection (2) of sect * ion 9
of the Ordinance, during which the sale, offer for sale, and
possession for the purpose of sale, of live partridges and
pheasants is prohibited shall be the period extending in any
year from the ist day of April to the 3oth day of September,
both days inclusive.

5. No bird of any description other than vermin shall
be killed, wounded or taken in the following areas-
(a)that part of the New Territories situated at or near
Fanling which is bounded by a line drawn from
Fanling railway station up to the crest of the ridge
meeting the railway at this point continuing south-
westwards along the crest of the ridge down to its
junction with the path leading towards the Ha Tse
.Gap and along that path to where it meets the Tsiu
Kang Stream; thence by the main. Tsiu Kang





Stream to where it meets the main road near Ho
Tung Farm ; thence by the main road to the level
crossing near Fanling Village; thence by, the rail-
way line to Fanling railway station ;
(b) the whole of the island of Cheung Chau
(c) the whole of the island of Hong Kong,

6. Game licences, the fee for which and the conditions
of which shall be as stated therein, shall be in the following
form-

No.

GAME LICENCE.

(THE, WILD BiRDS ORDINANCE).
(Chapter 171 of the Revised Edition).

Subject to the provisions of the Wild Birds Ordinance,
and of the regulations made thereunder, permission is
hereby granted to
of to kill and take the
following birds at the times specified-

Snipe Partridges from 16th October
Woodcock Quail to 31st January,
both days in-
Plover
Curlew at any elusive
Teal time. from iSth Septem-
Wild duck Pigeons ber to last da), of
Wild geese Doves February, both
days inclusive.

CONDITIONS.

This licence is valid from 1st September, ig to
31st August, 19

(2) The licensee inust carry this licence.with him when
engaged on or setting out for or returning from any shoot-
ing expedition, and must produce it when required to do so
by any magistrate, justice of tile Peace Or police officer.





(3) This licence is not transferable.

Fee $So.
Hong Kong, 19

Comini ssi over of Police.
RECEIVED the SUM
here stated in
printed figures. Game Licence

Code. Reference No.
................
G.
................

The attention of the licensee is drawn to the following
provisions of the Wild Birds Ordinance, and of the regula-
tions made thereunder-
(a)this licence is subject to any regulations or other
enactments in force for the time being;
(b)this licence may be revoked at any time by the
Commissioner of Police in his discretion, if the
holder thereof commits or attempts to commit any
breach of the provisions of the Ordinance or of any
of the regulations made thereunder or of any of
the conditions of this licence, or shoots to the
danger ol' the public;
(c)no person shall kill, wound or take any bird other
than game or vermin;
(d) for the purposes of the Wild Birds Ordinance-
'game' means snipe, woodcock, plover, curlew, teal,
wild duck, wild geese, partridges, quail, pigeons
and doves;
tgvermin' means magpies, kites and hawks of all
descriptions ;
(e)in the island of Hong Kong and in Kowloon and
New Kowloon ' no person shall shoot at any bird
from any place situated within two hundred yards
of any inhabited house;





no birds of any cittscription except niaerples, liawks
b
and kites may be killed, wounded or taken in any
prohibited area.

The prohibited areas at the date of the issue of this
licence are-

(i) that part of the New Territories situated at
or near Fanling which is bounded by a line drawn from
Fanling railway station tip to the crest of the ridge meeting
the railway at tills point continuing south-westwards along
the crest of the ridge down to its junction with the path
leading towards the Ha Tse Gap and along that path to
where it meets the Tsiu Kang Stream; tbence by the main
Tsiu Kang Stream to where it meets the main road near
Ho Tung Farm ; thence by the main road to the level cross-
ing near Fanling Villag~, thence by the railway line to
Fanling railway station;

(ii) the whole of the island of Cheung Cliau

(iii) the whole of the island of Hong Kong.
Note-No birds of any description, other than those specified in the
licence, (and magpies, kites and hawks, which, being vermin,
may be shot at any time without a licence) may be killed,
wounded or taken without a special licence from the Governor;
this prohibition includes PHEASANTS.

7. If the Commissioner of Police is satisfied that a
game licence has been lost or destroyed or accidentally
defaced, lie may issue a duplicate thereof on payment of a
fee of $5.oo.

8. Any person who acts in contravention of regulation
5 shall be liable to a fine of two hundred and fifty dollars.
Regulations - Fraser, vol. 3, p. 959. G.N. 653/47. G.N.A. 151/50. G.N.A. 79/51. Citation. Game and vermin. (Cap. 171.) Close season. Close season for sale, etc., of live partridges and pheasants. Prohibited areas. [r. 5 cont.] G.N. 653/47. G.N.A. 151/50. [r. 6 cont.] G.N.A. 79/51.

Abstract

Regulations - Fraser, vol. 3, p. 959. G.N. 653/47. G.N.A. 151/50. G.N.A. 79/51. Citation. Game and vermin. (Cap. 171.) Close season. Close season for sale, etc., of live partridges and pheasants. Prohibited areas. [r. 5 cont.] G.N. 653/47. G.N.A. 151/50. [r. 6 cont.] G.N.A. 79/51.

Identifier

https://oelawhk.lib.hku.hk/items/show/1980

Edition

1950

Volume

V10

Subsequent Cap No.

171

Number of Pages

4
]]>
Tue, 23 Aug 2011 15:47:56 +0800
<![CDATA[WILD BIRDS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1979

Title

WILD BIRDS ORDINANCE

Description






CHAPTER 171.

WILD BIRDS.

To make provision for the Protection of certain wild birds

and game.

[1st September, 1922.]

1. This Ordiriance may be cited as the Wild Birds Ordiriance.

2. 'Game' and 'vermin' shall have such meanings as may be
assigned to them for the purposes of this Ordinance by regulations
made thereunder.

3. No person shall-

(a)kill, wound or take any bird other than game and vermin ;

(b)take, remove, injure or destroy any nest or egg of any such
bird;

(c)sell or offer for sale, or knowingly have in his possession,
any such bird or any part of any such bird, killed, wounded or taken
in the Colony, or the nest or any egg of any such bird, taken
in the Colony; or

(d)export the skin or plumage of any such bird killed, wounded or taken,
or the nest or any egg of any such bird taken, in the Colony.

4. (1) No person shall kill wound or take any game

without having previously obtained a licence from the Com-
missioner of Police.

(2) Every such licence shall be subject to any regulations or other
enactments in force for the time being.

(3) Every such licence may be revoked at any time by the
Commissioner of Police in his discretion, if the holder thereof commits
or attempts to commit any breach of the provisions of this Ordinance
or of any of the regulations made thereunder or of any of the conditions of
the said licence, or shoots to the danger of the public.

5. In the island of Hong Kong and in Kowloon and New
Kowloon, no person shall shoot at any bird from any place situated
within two hundred yards of any inhabited house.





6. No person shall take, remove, injure or destroy any nest
or egg of any game or knowingly have in his possession any nest
or egg of any game taken in the Colony.

7. During the close season in any year, no person shall kill,
wound or take any such game as may be prescribed by
regulations under this Ordinance, or knowingly have in his
possession or sell or offer for sale or purchase or export any
such game or any part of such game killed, wounded or taken in the
Colony during the said close season.

8. When any person is charged with selling or offering for
sale, or knowingly having in his possession or exporting or to
export, any bird or any part of any bird or the nest or any egg of
any bird, it shall be presumed until the contrary is proved that
such bird was killed, wounded or taken, or that such nest or
egg was taken, within the Colony, and in the case of the game
mentioned in section 7, that the killing, wounding or taking in
question was effected during the close season referred to in the
said section.

9. (1) No person shall at any time have in his possession any
live partridge or pheasant taken in the Colony.

(2) During such period in any year is may be
prescribed by regulations made under this Ordinance, no

person shall sell or offer for sale or have in his possession
for the purpose of sale any live partridge or pheasant.

10. (1) When any offence has been committed against this
Ordinance any person may require the offender to give his
name, description and place of abode.

(2) If such offender does not truly give his name, description
and place of abode, he shall be guilty of an offence in addition to
that which he has been found committing.

11. Every person who contravenes or attempts to
contravene any of the provisions of this Ordinance shall upon
summary conviction be liable to a fine of two hundred and fifty
dollars.





12. If any injury is done to growing crops by any
person, or by his attendants or dogs, while engaged in the
pursuit of game, such person shall be liable to pay to the
owner of the crops by way of compensation such sum of
money not exceeding two hundred and fifty dollars as a
magistrate may determine.

13. Any bird or any part of any bird or the nest or
any egg of any bird in respect of which any person is
convicted under this Ordinance shall be forfeited.

14. Notwithstanding anything in this Ordinance, the
Governor may by writing Under his hand for such time and
subject to such conditions as he thinks ft, authorize any
person for scientific or other purposes, to kill, Wound or
take any wild bird or to take or remove the nest or eggs
of any wild bird.

15. The Governor in COLInCil may by regulations
prescribe or provide for-
(a)defining 'game' and 'vermin' for the purposes
of this Ordiiiance;
(b)the forni and condilions of the licence referred to
in section 4 and the fee to be paid therefor;
(c)the close season referred to in section 7, and
specifying such game as shall be protected thereby;
(d)the period referred to in subsection (2) Of section
9, during which the sale, offer for sale and
possession for the purpose of sale of live partridges
and pheasants shall be prohibited, and extending.
the application of such prohibition to any other
birds ;
(e) prohibiting the shooting or taking of game or any
particular kind of game within certaln specifed
areas, and varying the boundaries of any such
areas;
(f)Offences in the case of Contravention Or attellipted
contravention of any such regulations or of the
conditions of any lecence issued thereunder and
penalties therefor : Provided that no penalty so
prescribed shall exceed a fine of two hundred and
fifty dollars; and
(g)generally carrying out the provisions of this
Ordinance.
Originally 15 of 1922. Fraser 15 of 1922. 22 of 1950. 24 of 1950. Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting near houses. Protection of nests and eggs. Close season for certain game. Presumption in case of person charged with being in possession, etc., of bird, nest or eggs. Possession and sale of live partridges and pheasants. Offender to give name, etc. Penalty. 22 of 1950, Schedule. Compensation for injury to crops. 24 of 1950, Schedule. Forfeiture. Authority for scientific or other purposes. Regulations.

Abstract

Originally 15 of 1922. Fraser 15 of 1922. 22 of 1950. 24 of 1950. Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting near houses. Protection of nests and eggs. Close season for certain game. Presumption in case of person charged with being in possession, etc., of bird, nest or eggs. Possession and sale of live partridges and pheasants. Offender to give name, etc. Penalty. 22 of 1950, Schedule. Compensation for injury to crops. 24 of 1950, Schedule. Forfeiture. Authority for scientific or other purposes. Regulations.

Identifier

https://oelawhk.lib.hku.hk/items/show/1979

Edition

1950

Volume

v4

Subsequent Cap No.

171

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:47:56 +0800
<![CDATA[WILD ANIMALS PROTECTION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1978

Title

WILD ANIMALS PROTECTION ORDINANCE

Description






CHAPTER 170.

WILD ANIMALS
PROTECTION.

To make provision for the protection of certain wild

animals.

[31st December, 1936.]

1. This Ordinance may be cited as the Wild Anirnals
Protection Ordinance.

2. (1) No person shall kill, take, or have in his possession any
wild animal named in the Schedule.

(2) No person shall sell, or expose for sale, or have in his
possession for sale, the carcase, flesh, fur, skin or scales, or anv
part thereof, of any such wild animal killed or taken in the
Colony.

3. Every person who contravenes or attempts to
contravene anv provision of section 2 shall be liable upon
summary conviction to a fine of five hundred dollars and to the
forfeiture of such animal or such part.

4. When any person is charged with an offence
against subsection (2) of section 2, until the contrary is
proved, that the animal was killed or taken in the Colony.

5. The Governor in Council may-

(a)for scientific, taxidermic, zoological or other purposes,
and subject to such conditions and in such nianner as
fie thinks fit, exempt any person or institution from the
Provisions of section 2 or any part thereof ;

(b)add to, alter or amend the Schedule in any manner
whatsoever.

SCHEDULE. [ s. 2.]

The Pangolin
The Otter.
56 of 1936. 22 of 1950. Short title. Provisions for the protection of certain wild animals. Schedule. Penalty. 22 of 1950, Schedule. Presumption. Powers of the Governor in Council.

Abstract

56 of 1936. 22 of 1950. Short title. Provisions for the protection of certain wild animals. Schedule. Penalty. 22 of 1950, Schedule. Presumption. Powers of the Governor in Council.

Identifier

https://oelawhk.lib.hku.hk/items/show/1978

Edition

1950

Volume

v4

Subsequent Cap No.

170

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:47:55 +0800
<![CDATA[PREVENTION OF CRUELTY TO ANIMALS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1977

Title

PREVENTION OF CRUELTY TO ANIMALS REGULATIONS

Description






PREVENTION OF CRUELTY TO ANIMALS.

PREVENTION OF CRUELTY TO ANIMALS
REGULATIONS.

(Cap. 169).
(Ordinance No. 44 Of 1935).

[1st January, 1940.]

PART I.

General.

1. These regulations may be cited as the Prevention
of Cruelty to Animals Regulations.

2. Baskets, crates and cages, other than pig crates,
shall be large enough to allow free movement in all direc-
tions of every animal therein.

3. Bird cages shall have sliding or removable bottoms
and the bottorns shall be of such construction as to prevent
droppings from birds in one cage falling on to birds in
another cage.

4. Perches in bird cages shall be so arranged that
droppings frorn birds on higher perches do not fall on birds
on lower perches and the perches to each cage shall be
sufficient for all the birds in such cage to find room to
roost.

5. Adequate shelter frorn sun or rain shali be pro-
vided for all animals in captivity.

6. Baskets, crates and cages containing animals shall
be kept clean and properly ventilated.

7. All premises in which animals arc in confinement
shall be kept clean, properly lighted, ventilated, drained,
and in good repair.

8. All animals shall have a constant and adequate
supply of clear fresh water.





9. All mairned or ailing animals shall be separately
confined.

10. Any basket, crate or cage in which any pig, bird,
dog or cat is carried or kept shall be so constructed as to
prevent ally such animal from being injured.

PART II.

Import and Export of Live Stock, Cattle, etc.

11. The master, owner, or agent of every vessel
leaving ally port of the. Colony carrying, niore thall tell
head of cattle for export shall provide suitable food and
fresh water for all cattle carried in the said vessel sufficient
for the intended voyage, and in addition shall provide-
(a)for voyages of less than three days average dura-
tion, one day's extra ration for each head of cattle;
or
(b)for voyages of more than three days average dura-
tion, two days' extra rations for each head of
cattle.
He shall also cause all the cattle carried in the said
vessel to be provided with a sufficient quantity of food and
water in every twenty-four hours frorn the tirne, of ernbarka-
tion till the tinic of final disembarkation, and shall carrv
such number of men as shall, ill the opinion of the Senior
Veterinary Officer, be requisite to attend to the cattle oil
board. Such men shall not be employed on any other
duties during the voyage.

12. No cattle carried on board ally vessel shall be
secured by the nose, but all such cattle shall be tied by
a halter of a length stifficient to permit the animal to lie
down, and of a strength sufficient to bear the weight of
the animal.

13. Every vessel carrying more than ten ]lead of cattle
shall be provided with secure- footholds for the use of the
cattle on board, and sh all be fitted with weather boards
or other protection for such cattle from sun and rain and
sea, and with a sufficient number of pens. No pen shall
be constructed of bamboo, and no pen shall accommodate





more than four head of cattle (two calves under six months
being counted as one). The pens shall be arranged so that
the cattle stand athwartships and shall be substantially
constructed and securely fastened so as to stand rough
weather. The pens shall be cleansed at least once a day.

14. The Senior Veterinary Officer, any food officer
and any police officer may board any vessel within the
territorial waters of the Colony at any tirne in order lo
ascertain whether regulations i i to 13 are complied with.

15. No vessel shall be permitted to carry more. than
two hundred head of cattle for export at any one time.

16. ach anirnal conveyed 'In an), vessel shall, except
as hereinlifter provided, have not less than fourteen square
feet of deck-space allotted. Footholds shall be provided to
prevent slipping, and the animals shall stand athwartships
and shall be secured by a halter and not be tied by the
nose : Provided that in the case of cattle tinder two years
of age the deck-space allotted shall be fourteen square feet
for every two Such cattle.

Sheep and Goats.

17. Sheep and goats shal! be carried in ,tny vessel in
substantially built pens containing not more than forty in
each pen, and three square feet shall be allowed per head.

Pigs.

18. (1) Not more than forty pigs in any vessel shall
be placed in one pen. Three square feet shall be allowed
per head, two pigs each under So Ibs. live weight to count
as one, three pigs each under So Ibs. live weight to count
as one.

(2) ~,klhen carried in crates, a separate crate shall be
assigned to each pig. Every such crate shall be of suffi-
ciently large dimensions to hold the pig comfortably and
shall also have a srnall enough mesh to prevent the pig
from being injured. Crates sliall be arranged in rows and,
if stacked, there shall be two layers or tiers only. Rows,
if not single, shall be two deep only. Crates shall be so





arranged that all the pigs' heads in a single row face the
same way, and in a double row face outwards. On the
side or sides of a row on which the pigs' heads face, in
alleyway shall be left, eighteen inches wide, to allow food
and water to be given. All the crates in a row which is
not stacked shall be securely fastened together. In the case
of a stacked row there shall be pairs of strong upright
posts, which rnay be of a detachable type, of a height not
less than the top of the upper layer or tier, securely fastened
to the deck and supporting the row or stack. Such pairs
of posts shall be fixed at each end of the stack and at
intervals of not more than five crates in the stack's length.
Each pdr of posts supporting a stack shall be securely,-
fastened together. Large flat-bottomed boats shall be used
for conveying pigs across the harbour.

Poultry.

19. The baskets or crates in which poultry are carried
are to be supplied with mats or to be othenvise so con-
structed as to prevent the poultry getting their legs through.

General.

20. The Director of Marine may, and, if requested to
do so by the Senior Veterinary Officer, shall, refuse to
grant a port clearance for any vessel on board of which
the requirements of these regulations have riot been or are
not being- complied with.


PART III.

Bird Shops.

[1st January, 1940.]

21. In this Part 'bird shop' means any premises
where any aninial not being an equine or bovine aninnal,
or a dog, cat, pig, sheep, goat or poultry is kept or exposed
for sale or exhibition or sold (whether for consumption as
food or not).

22. It shall not be lawful to keep . or carry on the
business of a bird shop unless a licence for such bird shop





has been issued by the Urban Council. Such licence shall
be additional to any licence issued under the Public Health
(Food) Ordinance.

23. No holder of a licence shall sub-let, assign or
transfer his licence without the written permission of the
Urban Council.

24. Every holder of a licence and his servants or
agents shail permit the Senior Veterinary Officer and any
officer of the Sanitary Department, at all reasonable times
to enter and inspect the licensed premises and to inspect
the aninlials kept therein and the conditions under which
they are kept.

25. The holder of the licence shall during business
hours be in attendance at the licensed premises and shall
not absent himself therefrom for more than one month
without the written permission of the Chairman of the
Urban Council.

26. It shall be lawful for the 1,)rb~iii Council to impose
on any licence such conditions as it thinks fit.

27. It shall be lawful for the Urban Council to refuse
to grant or to renew, revoke or suspend any licence of
any bird shop if it appears to tile Urban Council that by
reason of the conduct of the applicant for or holder of the
licence or by reason of the conditions of the bird shop
or the cages or animals therein, it is not in the interests
of the health or comfort of, or the prevention of cruelty
to animals to grant or renew the licence or to permit the
holder of the licence to continue to keep or carry on the
business of a bird shop.

28. The fee for the grant or renewal of a licence shall
be sixty dollars. Every licence shall be renewable annually
on ist January. If a licence is issued on or after ist july
in any year, half fee shall be payable.

29. Every licence shall specify as exactly as possible
the premises to which it relates and no animal shall be
kept except in the premises so specified,





30. No licence shall be issued in respect of any pre-
mises situate above the ground floor or in respect of any
premises ',here any business in addition to that of the bird
shop is carried on.

31. Except with the permission of the Urban Council-
(a)the ground surface of every bird -;hop shall be
paved with a layer of not less than six inches of
good lime-concrete or not less than three inches
of cement-concrete composed of one part of cement,
three parts of sand and five parts of stone broken
to pass through a one-inch ring, and the surface
thereof shall be rendered si-nooth and impervious
with a layer either of asphalt or cenient-mortar of
not less than half an inch in thickness or of such
other material of such nature and thickness as the
Urban Council may approve; and
(b)the walls shall be surfaced to a height of ten feet
or to the ceiling (if it is less than ten feet above
the floor) with cement-mortar rendered smooth or
such other non-absorbent material as the Urban
Council may approve.

32. (1) Every bird shop and every room used as a
bird shop or as part of a bird shop shall, unless the front
thereof is at all times kept clear and unobstructed and open
to the external air, be provided with a window or windows
the area of which shall be equal at least to one tenth of
the area of the floor of the bird shop or room.

(2) Any window may be situated in or form part of
any door of the bird shop or room.

(3) AI: least one half of the window area shall be
capable of being opened to the external air.

33. (1) Every cage or receptacle shall have an open
barred front 'and the area of the framework and bars shali
not exceed one third of the total area of the front.

(2) Every cage or receptacle shall be so placed that
free access to the front of the cage or receptacle is avail-
able at all times.





34. (1) No cage or receptacle shall be used in an),
bird shop for the confinement of any animal. (not being
a winged animal or a reptile or insect) unless it is of suffi-
clent size to enable every animal confined therein to stand
erect or to lie down at full length.

(2) No or receptacle sliall be used in ~iny bird
shop for tile confinenient of any winged animal unless-
(a)it is of sunicient size and contains sufficient.
perches for the. accommodation of all the occupants
when standing erect on the perches, or, if it is
used for the confinement of a winged animal or
animads not accustomed to stand on perches, is of
sufficient size to enable any such animal to stand
erect oil tli,- floor; and
(b)in either case, is of sufficient size to enable any
occupant to stretch its wings to their fullest extent.

35. Every bird shop sh.Al have a good supply of clean
pot-ible water for tile use of the anit-nals kept therein.

36. E-very bird shop and every cage or other accom-
modation for anin-lais kept therein shall at all times be
maintained in a clean and sanitary condition and free from
vermin.

37. The floor and any part of the walls of every bird
shop which may have become soiled by any animal kept
,therein shall be thoroughly swept and cleaned at least once
a clay and all excretory matter shall be removed from the
bird shop and from every cage therein at least once a day.

38. The inside walls and the ceiling of every bird shop,
shall be lime-washed at least otice in every three months.

39. Whenever it appears to the Urban Council that
any bird shop ot- any accommodation ot- cage therein is
in such an Insanitary condition as to cause injury or dis-
comfort to the aninials kept therein, or to an), of thern,
the holder of the licence of such bird shop shall within
48 hours after service upon him of a notice in writing





signed by the Secretary of the Urban Council cleanse and
purify the same in accordance with the, requirements of the
notice.

40. Any notice required by these regulations to be
served shall be deemed to have been sufficiently served if
the same is left with the person to whom it is addressed
or with his servant or agent at the premises specified in
the licence held by the person to whom the notice is
addressed.

PART IV.

Contraventions and Peibalties.

41. (1) Any person who acts in contravention of
regulations 2 to 19, 22 to 25, and 31 to 39 shall be liable
to a fine of five hundred dollars or, in the case of a con-
tinuing offence, the sum of fifty dollars for every day which
the offence continues.

(2) The master of any vessel shall (in addition to the
actual offender) be deemed to be guilty of any, contraven-
Lion of the regulations mentioned- in paragraph (i) which
may occur while he is on board his ship and shall be liable
to be proceeded against and punished accordingly.



CHAPTER 170.
(Ordinance No. 56 of 1936.)
WILD ANIMALS PROTECTION.

No subsidiary legislation.
Ord. 44 of 1935, s. 8 (3), Schedule, G.N. 1164/39. G.N. 557/47. G.N.A. 79/51. [r. 18 cont.] G.N. 1164/89. (Cap. 140.) G.N. 557/47. [r. 39 cont.] G.N.A. 79/51.

Abstract

Ord. 44 of 1935, s. 8 (3), Schedule, G.N. 1164/39. G.N. 557/47. G.N.A. 79/51. [r. 18 cont.] G.N. 1164/89. (Cap. 140.) G.N. 557/47. [r. 39 cont.] G.N.A. 79/51.

Identifier

https://oelawhk.lib.hku.hk/items/show/1977

Edition

1950

Volume

V10

Subsequent Cap No.

169

Number of Pages

8
]]>
Tue, 23 Aug 2011 15:47:55 +0800
<![CDATA[PREVENTION OF CRUELTY TO ANIMALS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1976

Title

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

Description






CHAPTER 169.

PREVENTION OF CRUELTY TO ANIMALS.

To prohibit and punish cruelty to animals.

[29th November, 1935.]

1. This Ordinance may be cited is the Prevention of

Cruelty to Aninials Ordinance.

2. In this Ordinance

'animal' means any bird, beast, fish, reptile or insect,

whether wild or tame;

'food officer' means any person appointed as such by the

Urban Council under section 2 of the Public Health (Food)
Ordinance ;

'Senior Veteinary Officer' includes any Veterinary Officer

authorized by the Governor to perform the duties of the Senior
Veterinary Officer under this Ordinance and also any assistant
veterinary officer;

'vessel' includes any, ship or boat or any other description

of vessel used in navigation.

3. (1) Any person who-

(a)cruelly beats, kicks, ill-treats, over-rides, overdrives, over-
loads, tortures, infuriates, or terrifies any animal or causes or
procures or, being the Owner, permits any animal to be so
used, or, by wantonly or unreasonably doing or omitting to
do any act causes any unnecessary suffering or, being the
owner, permits any unnecessary suffering to be so caused
to any aninial ; or

(b)being in charge of any animal in confinement or captivity or
in the course of transport from one place to another, neglects
to supply such animal with sufficient food and sufficient
fresh water; or

(c)conveys or carries, or causes or procures or, being the
owner, permits to be conveyed or carried, any animal in such
a manner or position or in a case, crate or basket of such
construction or such small dimensions as to subject it to
unnecessary pain or suffering; or





(d)loads any animal into or discharges any animal from
an), vessel Or railway truck on to another vessel or
railway truck or on to a wharf or on to the shore, or on
to any platform in such a way, or with such appliances
as to subject such animal to needless or avoidable
suffering, or

(e)causes, procures or assists at the fighting or baiting of
any animal, or keeps, uses, manages, or acts or assist
in the management of any premises or place for the
purpose, or partly, for the purpose, of fighting or baiting
any animal, or permits any, premises or place to be so
kept, managed or used, or receives, or causes or
procures any person to receive, money, for the
admission of any person to such premises or place; or

employs, or causes or procures or, being the owner,
permits to be employed, in any work or labour any
animal which, in consequence of any disease, infirmity
wound or sore, or otherwise, is unfit to be so employed;
or

(g) brings into the Colony, or drives, carries, transports,
removes, or has or keeps, or knowingly suffers to be
had or kept under his control or on his premises, any
animal in any way, which may cause it needless or
avoidable suffering,

shall be liable on summary conviction to a fine of one thousand
dollars and to imprisonment for six months.

(2) For the purposes of this section, an owner shall be
deemed to have permitted cruelty if he shall have failed to
exercise reasonable care and supervision in respect of the
protection of the animal therefrom : Provided that where an
owner is convicted of permitting cruelty within the meaning of
this Ordinance by reason only of his having failed to exercise
such care and supervision, he shall not be liable to imprisonment
without the option of a fine.

(3) Nothing in this section shall apply to the commission or
omission of any act in the course of the destruction, or the
preparation for destruction, of any animal as food for mankind,
unless such destruction or such preparation was accompanied by
the infliction of unnecessary suffering.





4. (1) Any Senior Veterinary Officer, food officer or police
officer may arrest without warrant any person who he has
reason to believe is guilty of an offence against section 3 or
against any regulation under this Ordinance, whether upon his
own view thereof or upon the complaint and

information of any other person. Any such other person
shall declare his name and place of abode to any such officer.

(2) Any animal, conveyance or article concerning or by
which any such offence has been committed may be seized
by any such officer and taken to a police station or to any
convenient place, and there kept, unless given up sooner by
order of a magistrate, until the charge is decided in due course
of law.

(3) Any such officer may stop in any street or public place
and examine any animal in respect of which he suspects that an
offence has been committed under section 3.

(4) Any such officer may enter and search any building or
vessel in or on board of which such officer may have reason to
suspect that any offence against any of the provisions of this
Ordinance or of any regulation made thereunder is being or has
been committed.

5. (I) When any person has been convicted of an
offence under section 3 or of any regulations made under this
Ordinance, the magistrate may order that any animal in respect
of which the offence has been committed-

(a) shall not be used; or

(b)shall be removed to and detained in such place and for
such time as is stated in the order.

(2) Any order that an animal shall not be used or he detained in
any, place may, instead of stating any period of direct that the
shall not be used or shall be detained until it recovers, and such
shall not be used or shall be detained, as the case may be, until a
Senior Veterinary Officer certifies in writing that it may properly
be used or released.

(3) If any animal has been taken to any place in pursuance
of an order made under this section any person who has been
convicted of an offence in respect of such





animal shall be liable to pay the prescribed fees for its
maintenance and treatment for so long as it shall, remain therein,
and such fees may be recovered as a fine : Provided that, if the
owner of any such animal shall request the officer in charge of
the animal to destroy it, such officer
shall forthwith cause the animal to be destroyed, and no fees
shall be payable in respect of the maintenance or treatment of
such animal for any time subsequent to such request.

(4) Any person who acts in contravention of any order
made under this section shall be liable on summary conviction to
a fine of one thousand dollars and to imprisonment for six
months.

6. Any magistrate, Senior Veterinary Officer, food officer,
Governnient Medical Officer, or police officer not below the
rank of sub-inspector who has satisfied himself by personal
inspection

(a)that an animal is so severely injured that it is cruel to
keep the animal alive or

(b)that an animal is so severely injured or in such a
physical condition that in his opinion, having
regard to the means available for removing the
animal, there is no possibility of removing it
Without cruelty and that it is cruel to keep it alive,
may by order in writing direct such animal to be destroyed,
and such order may forthwith be carried out by or under
ihe direction of such officer or of any police officer
Provided that if any such animal is in any house, stable,
shed or enclosure proper for such animal and not in a
street or other public place, no such order shall be made
until the owner of the animal (if present) or the person
in charge thereof (if any) has been informed of the state
of the animal.

7. No compensation shall be payable to any person in
respect of the destruction of any animal in pursuance of an
order made under section 6, or in compliance with a request as
provided in subsection (3) Of section 5, by any person
professing to be the owner of such animal, provided in the latter
case that the officer in charge of the animal in good faith
believed dial the person making ihe request was in fact the
owner.





8. (1) For the purpose of preventing cruelty the Governor in
Council may make regulations prescribing the

conditions under which animals may be kept in confinemerit in any
place, vessel or vehicle, including the licensing, construction and
proper sanitary maintenance of any such place and may by such
regulations prescribe offences and penalties therefor : Provided that no
penalty so prescribed shall exceed the sum of five hundred dollars or in
the case of a continuing offence the sum of fifty dollars for every day
during which the offence continues.

(2) The master of any vessel shall (in addition to the
actual offender) be deemed to be guilty of any contraven-
tion of any regulation which mayoccur while he is on
board his ship and shall be liable to bc proceeded against

and punished accordingly. [8 & 9]
44 of 1935. 16 of 1939. 22 of 1950. Short title. Interpretation. (Cap. 140). Penalty for cruelty to animals. 22 of 1950, Schedule. Power of arrests, seizure entry and search. Orders by magistrate. 22 of 1950, Schedule. Power to order destruction of animals. Compensation not payable. Power to make regulations. 16 of 1939, s. 2. 22 of 1950, Schedule.

Abstract

44 of 1935. 16 of 1939. 22 of 1950. Short title. Interpretation. (Cap. 140). Penalty for cruelty to animals. 22 of 1950, Schedule. Power of arrests, seizure entry and search. Orders by magistrate. 22 of 1950, Schedule. Power to order destruction of animals. Compensation not payable. Power to make regulations. 16 of 1939, s. 2. 22 of 1950, Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/1976

Edition

1950

Volume

v4

Subsequent Cap No.

169

Number of Pages

5
]]>
Tue, 23 Aug 2011 15:47:54 +0800
<![CDATA[POUNDS FEES REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1975

Title

POUNDS FEES REGULATIONS

Description






POUNDS.

POUNDS FEES REGULATIONS.

(Cap. 168, section -).
(Ordinance No. 54 Of 1911).


[29th December, 1911.]

1. These regulations may be. cited as the Pounds Fees
Regulations.
2. The following fees are prescribed-
(a) for every horse, mule, donkey, buffalo,
ox or dog ......................50 cents

(b) for every sheep, goat, pig, goose, duck
or fowl....................................................... 25
Regulations - Fraser, vol. 2, p. 709. Citation. Fees.

Abstract

Regulations - Fraser, vol. 2, p. 709. Citation. Fees.

Identifier

https://oelawhk.lib.hku.hk/items/show/1975

Edition

1950

Volume

V10

Subsequent Cap No.

168

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:47:54 +0800
<![CDATA[POUNDS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1974

Title

POUNDS ORDINANCE

Description






CHAPTER 168.
POUNDS.

To make provision for impounding stray and for
the disposal thereof.

[1st December, 1911.]

1. This Ordinance may be cited is the Pounds Ordinance.

2. Any animal found at large without any person having the
charge thereof, and which in the opinion of any police officer appears
to have been lost or to be doing damage, may be seized by such police
officer and impounded in any convenient place, and may be detained
therein until the owner thereof has paid to the Commissioner of Police
the reasonable expenses of impounding and keeping such animal,
together with the pound fee.

3. It shall be lawful for the Governor in Council to make
regulations fixing the pound fees for aninials generally or for any
particular class of animal : Provided however that if no such
regulations are made, or if the animal impounded does not fall within
any class in respect of which a pound fee has been fixed, the pound fee
shall be one dollar.

4. (1) If the said expenses and pound fee be not paid within three
days after such impounding, notice of the intention to sell the animal
shall be published in the Gazette.

(2) If the expenses of impounding and keeping the anirnal and of
the publication in the Gazette and the pound fee are not paid within
seven days after the said publication, it shall be lawful for the
Commissioner of Police to cause the animal to be sold either by private
treaty or by public auction as he may think fit, and the purchaser
thereof shall acquire a good title. If the animal is unsaleable, or if in the
opinion of the Commissioner of Police it is an unsaleable animal, it may
be destroyed or otherwise disposed of as he may direct.





(3) The money arising from such sale, after deducting the above-
mentioned expenses and fee and the expenses of the sale, shall be
paid on demand to the owner of the animal : Provided that if such
demand is not made within one month after the sale all right to make it
shall cease and the money shall be paid into the general revenue.

5. Any person who releases or attempts to release any animal
froni any place where it has been impounded, or who pulls down,
damages or destroys such place or any part thereof with intent to
procure the release of such animal, shall uppon summary conviction be
liable to a fine of twenty-five dollars or to imprisonment for three
months.
Originally 54 of 1911. Fraser 54 of 1911. Short title. Impounding stray animal. [cf. 10 & 11 Vict. C. 89, s. 24.] Pound fees. Power to sell impounded animals. [cf. 10 & 11 Vict. C. 89, s. 25.] Pound breach. [cf. 10 & 11 Vict. C. 89, s. 26.]

Abstract

Originally 54 of 1911. Fraser 54 of 1911. Short title. Impounding stray animal. [cf. 10 & 11 Vict. C. 89, s. 24.] Pound fees. Power to sell impounded animals. [cf. 10 & 11 Vict. C. 89, s. 25.] Pound breach. [cf. 10 & 11 Vict. C. 89, s. 26.]

Identifier

https://oelawhk.lib.hku.hk/items/show/1974

Edition

1950

Volume

v4

Subsequent Cap No.

168

Number of Pages

2
]]>
Tue, 23 Aug 2011 15:47:53 +0800
<![CDATA[DOGS AND CATS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1973

Title

DOGS AND CATS REGULATIONS

Description






DOGS AND CATS.

DOGS AND CATS REGULATIONS.

(Cap. 167, section 3).
(Ordinance No. 1 of 1950).

[l3th January, 1950.]

1. These regulations may be cited as the Dogs and
Cats Regulations.

2. In these regulations---
'approved observation kennels' means any place which the
Governor has by notification in the Gazette declared to
be a place in which dogs or cats may be kept for observa-
tion for the purposes of the Dogs and Cats Ordinance
and these regulations;
'District Commissioner' has the meaning assigned to it by
the New Territories Ordinance;
'1icensing authority' means so far as concerns the New
' rerritories the District Commissioner and for all other
purposes means the Commissioner of Police;
'local vessel' includes any vessel frorn time to time in the
waters of the Colony other than ocean going ships and
includes ocean going ships if travelling exclusively
between Hong Kong and ports in China;
'quarantine station' means any place for the time being
set apart under the direction of the Governor for the
quarantine of dogs or cats;
'quarantine permit' means a permit by the veterinary
officer solely for the purposes of enabling a dog or cat
which is to be or which has been imported into the
Colony to be taken to a quarantine station;
'Aurban areas of the New Territories' means the several
areas specified in the Schedule and as regards each
particular area means such area as delimited on a plan
thereof deposited in the office of the District Commis-
sioner and identified by the words 'urban area for the
purposes of the Dogs and Cats Regulations' together
with the signature of the District Commissioner.

3. No person shall keep a dog over the age of three
months except under and in accordance with a licence from





the licensing authority : Provided that this regulation shall
not apply to any dog under theternporary care of the Society
for the Prevention of Cruelty to Animals or any other body
recognized and approved by the licensing authority.

4. The following licence fees are hereby prescribed for
each dog, whether male or feiriale-
(a) the island of Hong Kong, Kowloon and
New Kowloon .....................$10.00
(b) the urban areas of the New Territories $10.00
(c) local vessels ...............$10.00
(d) the remainder of the New Territories $2.00
Provided that only half fees shall be charged in the
area (a) for dogs which are licensed for the first time during
the months of October and November.

5. Licences shall be renewable during the months of
December, January, February and March of each year and
shall be valid for a period of twelve months. Licences
issued after the 1st March and before 1st December in any
year shall automatically expire on 31st March in tile follow-
ing year : Provided that licences under paragraphs (b), (c)
and (d) of regulation 4 shall be valid for one year from the
date of issue.

6. (1) Any owner or person having the custody,
control or care of any dog shall ensure that such dog is
inoculated against rabies at least once in every twelve
months.

(2) Inoculation shall be carried out by or under the
direction of such persons or classes of person as the licensing
authority shall notify in the Gazette.
(3) Where inoculation is carried out by persons
employed by Government or otherwise it Government
expense there shall become due and payable to Government
such fees as the Governor may by notification in the Gazette
prescribe.

7. No licence shall be issued in respect of any dog
unless such dog has been, to the satisfaction of the licensing
authority, inoculated against rabies in accordance with
regulation 6, within one month prior to the issue of such
licence.





8. (1) With each licence the licensing authority shall,
without extra fee, issue for each dog included in such licence
a nietal badge duly numbered, and the owner of the dog
sliall ensure that such badge is worn by the dog either
attached to its collar or otherwise fastened to its neck. Any
dog found without such badge may, be captured and detained
or may be shot by any police officer or by any person
author' 1
ized by the licensing authority.
(2) No person shall allow any such badge to be worn
except by the dog in respect of which the badge was issued.
(3) If the licensing authority is satisfied that a badge
has been lost lie illay issue another badge in respect of the
same dog on payment of a fee of one dollar.

9. (1) Any person having the custody, control or care
of any dog or cat which has bitten any person shall report
the fact to the nearest police station without delay and a
police officer shall forthwith remove such dog or cat to the
Government observation kennels.
(2) Any such dog or cat shall be detained in an
approved observation kennel for such period as a veterinary
officer i-nay decide.

10. (1) The fees 1)ayable by the owner of any dog or
cat while in the Government. observation kennels shall be in
accordance with such scales as the Governor may by notifi*ca-
.ion in the Gazelle from time to time prescribe.

(2) All fees shall be payable on deniand to th ' c District
Commissioner in the case of the New Territories and in
other cases to the Treasury, and in any case before the
renioval of the clog or cat frorn the Government observation
l~ennels. i\ veterinary officer may destroy or otherwise
dispose of any dog oi- cat in respect of which the fees due
remain unpaid within two days of the expir.v of the observa-
~ioil perlod without prejudice to the recovery from the owner
of ai! fees and other sums then due.

11. Any person having the custody, control or care of
any dog or cat which has or may reasonably be suspected
of having rabies, or of any dog or cat which has been or
may reasonably be suspected of having been in contact with
any case of rabies or suspected rabies, shall report the fact
to the nearest police station without delay.





12. Any person having the custody, control or care of
any dog or cat which has or is suspected of having rabies, or
which is suspected of having been in contact with. a case of
rabies or suspected rabies, shall comply with all the require-
ments of the veterinary officer with regard thereto.

13. No owner or person having the custody, control or
care of any dog or cat shall allow such dog or cat to be
imported into the Colony, or if already so imported by
water, to be landed in the Colony, or if already so imported
by the Kowloon-Canton Railway, to be removed from the
premises of the railway, or if already so imported by air
to be removed from the airport, until lie has received from
the veterinary officer either a permit to import or a quarantine
permit.

14. Subject to the provisions of regulation iS no permit
to import may be issued except on the production to the
veterinary officer of~-
(a)a certificate to the satisfaction of the veterinary
officer, dated not more than two months before the
dog or cat is imported or brought into the Colony,
from a duly qualified veterinary surgeon or a
medical officer of health or a British consular
authority, that for a period of six months immediate-
ly prior to the date of such certificate no case of
rabies has been known to occur in any district in
which such dog or cat has been ; and
(b)in the case of a dog or cat imported by water, a
statutory declaration by the master of the vessel by
which such dog or cat has been imported, or by
the owner if he has travelled on the vessel with the
dog or cat, that no case oF rabies has occurred on
board the vessel during the voyage.

15. The veterinary officer may in his discretion, on being
satisfied that no case of rabies has occurred in the place or
places where such dog or cat has been during the period
of six months immediately preceding such importation, or
that there is no reasonable fear of such dog or cat having
been in. contact with rabies, dispense with the certificate
referred to in paragraph (a) of regulation 14.





16. The owners, charterers or agents of any vessel which
arrives in the waters of the Colony having on board any dog
or cat consigned to or intended for any person in the Colony
shall report the arrival of such dog or cat forthwith to the
veterinary officer, giving the name and address of the owner
or consignee of such dog or cat and the description of such
dog or cat.

17. The master of any such vessel which arrives in the
waters of the Colon ' y shall not permit any dog or cat to be
removed frorn such vessel until there has been produced to
him a permit to import or a quarantine permit issued by the
veterinary officer in respect of such dog or cat.

18. The owners, charterers or agents of any aircraft and
the captain of any Pircraft kinding in the Colony shall not
permit any dog or cat to be removed from such aircraft except
to a place of safe custody provided by such owners,
charterers, agents or captain within the airport until there
has been produced to him or them a permit to import or
a quarantine permit issued by the veterinary officer in respect
of such dog or cat.

19. The owner or person having the custody, control or
care of any dog or cat in respect of which he has received a
quarantine permit shall at his own expense irni-nediatel3, after
receiving such peri-nit: take such dog or cat to a quarantine.
station to be detained there for such period as the veterinary
officer may prescribe.

20. The fee payable by the owner of any dog or cat
while in a quarantine station shall be in accordance with such 1
scale of fees as the Governor may by notification in the :
G
each nionth at the latest, and in any case before the removal
of the dog-or cat from a quarantine station. The veterinary
officer may destroy any dog or cat in respect of which the
fees remain unpaid for a period of fifteen days after becoming
clue, without prejudice to the recovery from the owner of
all fees and other sums due, or ina), sell such dog or cat and
out of the proceeds of sale thereof defray the amount of
such fees.





21. No dog shall be allowed to go abroad in the public
thoroughfares or elsewhere unless it is either on the lead,
or is fitted with a muzzle which renders the dog incapable of
biting. A breach of this regulation shall be deemed to have
occurred if any dog is abroad as aforesaid without either such
muzzle or being on a lead or if a clog bites any person, or
any other dog, at a tirne when, and place at which it is
required by this regulation to be either muzzled or on a lead,
and in every such case the owner of such dog or, if the
owner is absent from the Colony, the person having the
custody or care of such dog shall be guilty of such breach,
notwithstanding that such breach occurred without his
knowledge or without any default on his part and, in the
case of a dog biting a person or another dog, notwithstanding
any proof that the dog was wearing a muzzle, or was on a
lead, at such time.

22. Except with the permission in writing of the
veterinary officer no dog shall be moved to or from Hong
Kong island or to or frorn the New Territories or from any
vessel.

23. The veterinary officer shall have absolute discretion
to refuse any permit or permission which he is authorized by
these regulations to issue or give.

24. It shall be lawful for the veterinary officer to attach
any condiLions whatsoever to any permit or permission. issued
or given by him under these regulations.

25. (1) No person shall slaughter any dog or cat for
use as food whether for mankind or otherwise.

(2) No person shall sell or Lise or permit the sale or
use of the flesh of dogs and cats for food.

(3) Any person who is found in possession of the car-
case of any dog or cat or any part thereof in stich ell'Ctllll-
stances as would reasonably give rise to a belief that such
clog or cat was being or had been slaughtered or sold or
Used for food in breach of this regulation shall be guilty
of an offence against paragraph (i) or (2) of this re-ulation
as the case may be, unless he is able to satisfy a magistrate
that he has not in fact committed any breach of paragraph
(i) or (2) of this regulation, as the case may be.





. 26. Any person who acts in contravention of regula-
tions 3, 6(1), 8(2), 9(1), 11 to 13, 16 to 19, 21, 22, and 25(1)
and (2) shall be liable to a fine of one thousand dollars and
to imprisonment for six months.

SCHEDULE.

Cheung Chau, Taipo,
Tai O, Shatin,
Yuen Long, Saikung,
Shek Wu Hui, Tsun Wan,
Sha Tau Kok, Luen Wo Market Town.

ORDERS BY THE GOVERNOR.
(Cap. 167),
(Ordinance No. 1 of 1950).
INOCULATION FEES.
(under reg. 6(3)).

The following fees are the prescribed fees for the anti-
rabies inoculation of dogs-
(a) Hong Kong Island, Kowloon and New
Kowloon ..........................$10;
(b) New Territories, Urban Areas .$5 ;
(c) New Territories, Rural Areas Free.
OBSERVATION AND QUARANTINE FEES.
(under regs. 10(1) and 20)
The following fees are the prescribed fees payable by
the owner of any dog or cat while such animal is in the
Government Observation Kennels or Quarantine Stations-
(a) Dogs Of 25 Ibs. and over-$2.50 per day or part of a day.
(b) Dogs under 25 Ibs. -$1.50
(c) Cats -$1.00

APPROVED OBSERVATION KENNELS.
(under reg. 2.)
The following places are declared to be approved
observation kennels-
(a) Kennedy Town Kennels,
(b) Ma Tau Kok Kennels,
(c) Sassoon Kennels, Pokfulam,
(d) Jockey Club Stables.
G.N.A. 10/50. G.N.A. 34/50. G.N.A. 79/51. Citation. Interpretation. (Cap. 167.) (Cap. 97.) Dogs to be licensed. [r. 3. cont.] Fees for dog licences. Validity of licences. Dogs to be inoculated once every twelve months. No dogs licence unless dog is inoculated. Metal badges to be issued in respect of and worn by licensed dogs. Dog and cat bites to be reported to police. Fees payable in respect of detention in Government observation kennels. Duty to report to police rabies or suspected rabies of dog or cat. Duty in cases of suspected rabies. Importation of dog or cat without veterinary officer's permit prohibited. Certain certificate required before issue of import permit. Veterinary officer may dispense with certificate in certain cases. Duty to report arrival of dog or cat in waters of Colony. Duty of master to call for quarantine or import permit. Duty of owner, charterers, agents and captain in the event of dogs and cats arriving by aircraft. Dogs and cats to go to quarantine station when permit issued. Payment and recovery of fees in respect of detention of dog or cat in a quarantine station. Dogs not to be allowed out except on a lead or fitted with appropriate muzzle, absolute liability of owner, etc. Permit required for certain movements. Discretion of veterinary officer. Veterinary officer may impose conditions. Slaughter of dog or cat for food prohibited. Onus of proof. Penalty. G.N.A. 79/51. G.N.A. 34/50. G.N.A. 10/50. G.N.A. 16/50. [20th January 1950]. G.N.A. 17/50. [20th January 1950]. G.N.A. 32/50. [16th February 1950].

Abstract

G.N.A. 10/50. G.N.A. 34/50. G.N.A. 79/51. Citation. Interpretation. (Cap. 167.) (Cap. 97.) Dogs to be licensed. [r. 3. cont.] Fees for dog licences. Validity of licences. Dogs to be inoculated once every twelve months. No dogs licence unless dog is inoculated. Metal badges to be issued in respect of and worn by licensed dogs. Dog and cat bites to be reported to police. Fees payable in respect of detention in Government observation kennels. Duty to report to police rabies or suspected rabies of dog or cat. Duty in cases of suspected rabies. Importation of dog or cat without veterinary officer's permit prohibited. Certain certificate required before issue of import permit. Veterinary officer may dispense with certificate in certain cases. Duty to report arrival of dog or cat in waters of Colony. Duty of master to call for quarantine or import permit. Duty of owner, charterers, agents and captain in the event of dogs and cats arriving by aircraft. Dogs and cats to go to quarantine station when permit issued. Payment and recovery of fees in respect of detention of dog or cat in a quarantine station. Dogs not to be allowed out except on a lead or fitted with appropriate muzzle, absolute liability of owner, etc. Permit required for certain movements. Discretion of veterinary officer. Veterinary officer may impose conditions. Slaughter of dog or cat for food prohibited. Onus of proof. Penalty. G.N.A. 79/51. G.N.A. 34/50. G.N.A. 10/50. G.N.A. 16/50. [20th January 1950]. G.N.A. 17/50. [20th January 1950]. G.N.A. 32/50. [16th February 1950].

Identifier

https://oelawhk.lib.hku.hk/items/show/1973

Edition

1950

Volume

V10

Subsequent Cap No.

167

Number of Pages

7
]]>
Tue, 23 Aug 2011 15:47:53 +0800
<![CDATA[DOGS AND CATS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1972

Title

DOGS AND CATS ORDINANCE

Description






CHAPTER 167.

DOGS AND CATS ORDINANCE.

To regulate the keeping and control of dogs and cats and to
provide for the suppression of rabies.

[6th January, 1950.]

1. This Ordinance may be cited as the Dogs and

Cats Ordinance

2. In this Ordinance-

'cat' includes the male and female. animal of any age;

'dog' includes the male and the fernale animal of any age;

New Territories does not include New Kowloon

officer of the Sanitary Department' includes any veterinary
officer, health officer, health inspector or overseer of the
Sanitary Department working under the direction of a health
officer or health inspector for the purpose of this Ordinance;

'vessel' includes any kind of water-borne craft;

'veterinary officer' includes the Senior Veterinary Officer and
any veterinary officer appointed by the Governor to
Perform the duties of a veterinary officer and also any
veterinary surgeon for the time being performing the duties
of the Senior Veterinary Officer or a veterinary officer.

3. (1) The Governor in Council may by regulations

prescribe or provide for-

(a)controlling dogs and cats and their importation,
movement, slaughter and sale, and for the prohibition of
the sale of the Resh of dogs and cats;

(b) licensing dogs;

(c)authorizing the inspection, seizure, detention,
destruction or other disposition of dogs and cats and
their carcases;

(d)the prevention and control, whether by inoculation,
disinfection or otherwise of rabies or the spreading of
rabies;





(e)regulating dogs' or cats' homes and dog or cat shows;

(f) fees and forms in connexion with any licence, act or thing
prescribed by regulation or for any service rendered in
enforcing or otherwise in connexion with any regulation;

(g)the recovery by Government or by any authority of expenses
incurred in enforcing or otherwise in connexion with the
regulations.

(2) It is hereby declared that any regulation made hereunder may
provide

(a) that an offence against the regulations shall be deemed to
have been committed, notwithstanding there has been no
guilty intent or knowledge or negligence on the part of the
person charged ;

(b)that the burden of proof shall in any particular case he upon
the person charged ;

(c)generally as to the circumstances in which an offence
against the regulations shall be committed or deemed to
have been committed;

(d)that any licence, permit or authority issued under such
regulations shall be issued subject to such conditions as an
officer or person specified in the regulations shall impose;

(e) that any fees and charges which may be provided
for by regulation other than the fees for any licence
shall be fixed by such officer or person and shall
be recoverable in such manner as may be specified
in the regulations.

4. (1) If it appears to a magistrate on complaint that

any dog is dangerous and is not kept under proper control,
the magistrate may make an order that the said dog be
either destroyed or kept under proper control.

(2) Such order may be made either against the or against any per
son appearing to have the custody, control or care of the dog.

(3) If the person against whom the order is made fails to comply
therewith he shall be liable to a fine of fifty dollars for every day on
which he fails to comply therewith.





5. (1) Any police officer or officer of the Sanitary Department, or in
respect of the New Territories any police officer or any officer duly
authorized by the District Commissioner, who has reason to believe
that there is a rabid dog or cat or a dog or cat suspected of having
rabies or a dog or cat reasonably suspected of having been in contact
with any case of rabies or suspected rabies or which has bitten any
person in any vessel, aircraft or place or that there is in any such
vessel, aircraft or place any evidence of the breach of a regulation
relating to licensing or to the control of the importation, movement or
slaughter of dogs or cats or the sale of the flesh of dogs or cats, may.
without warrant

(a) search any such vessel, aircraft or place;
(b) break open any outer or inner door of any such
place;
(c) forcibly enter any such vessel or aircraft and every
part thereof ;
(d) remove by force any person or material obstruction
to any arrest, detention, search, seizure or
removal which he is empowered to make;
(e) detain every person found in such place or on
board such vessel or aircraft or in such place until
such vessel or aircraft or place has been searched
(f)inspect, seize, remove and detain any dog or
or the carcase thereof or anything with respect to
Which an offence against any regulation made
hereunder may appear to have been committed ;
such officer as aforesaid may shoot or otherwise

destroy any dog or cat which appears to him to be suffering rabies or
other infectious disease or any dog which
requires to be licensed and which does not appear to such
officer to be licensed or under the control of any person.

(2) If a veterinary officer is of opinion that any dog or cat has
been or may reasonably be suspected of having been in contact with
any case of rabies or suspected rabies, he may destroy or authorize the
destruction of such dog or cat.

6. No person shall obstruct any detention, arrest, search, seizure,
removal, killing or destruction authorized by or under this Ordinance :
Penalty : a fine of one thousand dollars and imprisonment for six
months.
1 of 1950. Short title. Interpretation. Regulations. [s. 3 cont.] Dangerous dogs. [cf. 34 & 35 Vict. C. 56, s. 2.] Powers of police and other officers in case of suspected rabies or in case of any contravention of the regulations relating to the control of the importation, movement or slaughter of dogs and cats.

Abstract

1 of 1950. Short title. Interpretation. Regulations. [s. 3 cont.] Dangerous dogs. [cf. 34 & 35 Vict. C. 56, s. 2.] Powers of police and other officers in case of suspected rabies or in case of any contravention of the regulations relating to the control of the importation, movement or slaughter of dogs and cats.

Identifier

https://oelawhk.lib.hku.hk/items/show/1972

Edition

1950

Volume

v4

Subsequent Cap No.

167

Number of Pages

3
]]>
Tue, 23 Aug 2011 15:47:52 +0800
<![CDATA[PAWNBROKERS (FORMS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1971

Title

PAWNBROKERS (FORMS) REGULATIONS

Description






PAWNBROKERS (FORMS) REGULATIONS.

(Gal). 166, section 3).
(Ordinance No. 16 of 1930).

[17th October, 1930.1

1. These regulations may be cited as the Pawnbrokers
(Fornis) Regulations.

2. The forms in the Schedule shall be the prescribed
forms for the purposes of the Ordinance.

SCHEDULE.
FoRm 1. [s. 13.]

ENTRY IN GENERAL BOOK.

The .day of the .moon of the ..year, 19

NamePlace of abode Descrip- Amount
No. of Date. 0 Rate f
loan. ftion of 0
borrofWer. borro interest. 1 Of
ewer. article. oan.

With each succeeding moon.





CAP. 166] Pawnbrokers.
FORm 2. [s. 14.]

PAWN TICKET.

A.B. 1 or A.B. & Co. 1 No . ....Street,
..............1 ................. ---Pawnbroker[or Pawnbrokers.]
The .day of the moon of the year, 19

1 1
No. of Descr'illtionAmountRateName and abode
loan. Date. (If ofof t. of
article. loan.interes borrower.

gr. .
2

or other cause-R not attributable to his default.

M0

t
268
Regulations - Fraser, vol. 3, p. 1096.

Abstract

Regulations - Fraser, vol. 3, p. 1096.

Identifier

https://oelawhk.lib.hku.hk/items/show/1971

Edition

1950

Volume

V10

Subsequent Cap No.

166

Number of Pages

2
]]>
Tue, 23 Aug 2011 15:47:52 +0800
<![CDATA[SPECIAL RATES (PAWNBROKERS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1970

Title

SPECIAL RATES (PAWNBROKERS) REGULATIONS

Description






SPECIAL RATES (PAWNBROKERS) REGULATIONS.

(Cap. 166, scctions 3 and 12).
(Ordinance No. 16 of 1930).

[17th October, 1930.1

1. These regulations may be cited as the Special Rates
(Pawnbrokers) Regulations.

2. The following special rates are prescribed for special
classes of goods-
(i)Clocks, curios, pictures, earthenware, porcelain,
glass, copper, lead, iron and tin wares, mirrors,
ivory and bone articles, furniture, bedding, fans,
socks, umbrellas, handkerchiefs, hats, shoes, actors'
clothing, rain-coats and leather belts-
(a) for the above, io cents will be deducted on
every $1 in advance as interest for the first month ;
(b) interest for every subsequent month-6 cents.
(2) For watches-
(a) io cents will be deducted on every $1 in
advance as interest for the first month ;
(b) interest for every subsequent month-4 Cents.
(3) For pearls, Jade, diamonds, precious stones and
furs-
(a) (i) if the value exceeds $40-not more. than
io cents will be deducted on every $1 as interest
for the first month;
(ii) interest for every subsequent nionth-
not more than 2 cents;
(b) (i) if the value is less than $40-not more
than to cents will be deducted on every $1 as
interest for the first month;
(ii) interest for every subsequent month-
not more than 3 cents...
Regulations - Fraser, vol. 3, p. 1095.

Abstract

Regulations - Fraser, vol. 3, p. 1095.

Identifier

https://oelawhk.lib.hku.hk/items/show/1970

Edition

1950

Volume

V10

Subsequent Cap No.

166

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:47:51 +0800
<![CDATA[SCALE OF FEES (PAWNBROKERS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/1969

Title

SCALE OF FEES (PAWNBROKERS) REGULATIONS

Description






PAWNBROKERS.
Subsidiary legislation under this Chapter, with sub-
sequent amendments (if any) incorporated, is set out as
follows---
Page
Scale of Fees (Pawnbrokers) Regulations ... 265

Special Rates (Pawnbrokers) Regulations ... ... ... 266

Pawnbrokers (Forms) Regulations ....... ... ... 267

SCALE OF FEES (PAWNBROKERS) REGULATIONS.

(Cap. 166, sections 3 and 8).
(Ordinance No. 16 of 1930).

[4th September, 1931.]

1. There shall be paid, in respect of every pawnshop,
pawnbroker's licence fees according to the following scale-

Per annum
$
(11) City of Victoria west of the Soo Kun Poo
nullah, and Kowloon and New Kowloon
west of the railway as far as and includ-
ing Sharnshuipo .............. 2,500.00
(b) City of Victoria and areas east of the Soo
Kun Poo nullah, to the boundary of
War Department land cast of A Kung
Ngam, and also Aberdeen and Aplichau,
and Kowloon and New Kowloon east of
the railway as far as and including
Kowloon City and Kai Tak ..... 2,000.00

(c) Elsewhere on the island of Hong Kong,
and the remainder of New Kowloon 1,000.00

(d) The remainder of the New Territories 500.00

2. These regulations may be cited as the Scale of Fees
(Pawnbrokers) Regulations.
Fraser, vol. 3. P. 1095.

Abstract

Fraser, vol. 3. P. 1095.

Identifier

https://oelawhk.lib.hku.hk/items/show/1969

Edition

1950

Volume

V10

Subsequent Cap No.

166

Number of Pages

1
]]>
Tue, 23 Aug 2011 15:47:51 +0800
<![CDATA[PAWNBROKERS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1968

Title

PAWNBROKERS ORDINANCE

Description






CHAPTER 166.

PAWNBROKERS.

To amend the law relating to pawnbrokers

[17th October, 1930.]

1. This Ordinance may be cited as the Pawnbrokers

Ordinance.

2. In this Ordinance-

'month' means a Chinese lunar month

'pawnbroker' includes every person who carries on the business of
taking goods and chattels in pawn, or who purchases, receives or
takes in any goods or chattels, and pays money for or advances
money upon the same, with or under any undertaking, agreement
or condition, express, implied or reasonably to be inferred froni the
nature or character of the dealing or the usage in respect thereof,
that the said goods or chattels in whole or in part may be
afterwards redeemed or repurchased upon any terms whatsoever.

3. The Govertior in Council may by regulations

prescribe or provide for-

(a)conditions under which pawnbrokers' licences shall be
granted or renewed or revoked ;

(b) the periods referred to in section 16 hereof;

(c)fees to be paid for such licences and for the renewal of such
licences;

(d) the forms of such licences;

(e)books and documents to be kept by pawnbrokers and the
particulars to be noted therein ;

(f) maximurn rates of interest to be charged by pawnbrokers;

(g)limiting the number of pawnbrokers' shops that may be
allowed in any area;

(h)the form of the pawn ticket and the particulars to be stated
therein ;

(i) forms to be used under this Ordinance;
(j) hours during which the business of pawnbroking
may be carried on;





(k) the storage and safe keeping of pledges;

(l)offences in the case of contravention of any regulations
made hereunder and prescribing penalties therefor : Provided
that no penalty so prescribed shall exceed a fine of five
hundred dollars; and

(m) generally more effectively carrying out the provisions of this
Ordinance.

4. For the purposes of this Ordinance anything done or omitted by
the servant or agent of a pawnbroker in the course of or in relation to
the business of the pawnbroker shall be deemed to be done or omitted
(as the case may be) by the pawnbroker; and anything by this
Ordinance authorized to be done by a pawnbroker

may be done by his
servant or agent.

5. The rights, powers and benefits by this Ordinance reserved to
and conferred on pawners shall extend to and be deemed to be
reserved to and conferred on the assigns of pawners and to and on the
executors or administrators of deceased pawners; but any person
representing himself to a pawnbroker to be the assign, executor or
administrator of a pawner shall, if required by the pawnbroker, produce
to the pawnbroker the assignment, probate, letters of administration or
other instrument under which he claims.

6. Nothing in this Ordinance shall apply to a loan by a
pawnbroker of above five hundred dollars, or to the pledge on which
the loan is made, or to the pawnbroker or pawner in relation to the loan
or pledge; and notwithstanding anything in this Ordinance a person
shall not be deemed a pawnbroker by reason only of his paying,
advancing or lending on any terms any sum or sums of above five
hundred dollars.

7. No person shall carry on the trade or business of a pawnbroker
in any premises except under and in accordance with a valid
pawnbroker's licence in respect thereof on which any fees then due
have been paid.

8. (1) Every such licerice shall (subject to a right of appeal to the
Governor in Council) be granted or renewed by and at the discretion of
the Commissioner of Police on such conditions touching fees or
otherwise as may be prescribed by





the Governor in Council and in the meanwhile, subject to the payment
of the fees set forth in the scale of fees in the regulations

(2) A licence shall be valid for one year only com mencing on the
date on which it is issued; but it may be renewed at the like discretion
from year to year.

(3) All such fees shall be paid in advance: Provided
always that if any licensee is unwilling to pay the whole fee
in advance it shall be lawful for him to pay it in quarterly
instalments in advance on finding security for such instal-
merits to the satisfaction of the Secretary for Chinese Affairs

9. No pawnbroker shall during the continuance of his licence carry
on any 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.

10. Every pawnbroker 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 or his firm's name at length, with
the addition of the word Pawnbroker after the English name and the
character after the Chinese name.



11. Every pawnbroker shall, whenever required by the
Commissioner of Police or by any police officer not below the rank of
sergeant, or by any police officer authorized thereto in writing by the
Commissioner either generally or for a particular occasion or for
particular premises, produce for the inspection of the person so
requiring him all or any goods pawned or deposited with him and all
books and papers relating to the same.

12. (1) Every pawnbroker may demand, receive and take simple
interest, over and above the principal paid or advanced by him upon
any goods pawned with him, from the person applying to redeem the
said goods, before redelivering the same, at the following rates or at
such other rates as may from time to time be prescribed by the
Governor in Council-





First Succeeding
month months.

On any sum-
not exceeding $3 .......10% 3%
exceeding-
$3 and not exceeding $ 14 8% 3%
$14 $ 28 ............5% 3%
$28 $ 84 ................3% 2%
$84 $280 ................2% 2%
$280 ....................2% 11%

Provided that, in the case of the special classes of goods set forth
in the regulations the special rates of interest there set forth may
subject to alteration by the Governor in Council be charged by the
pawnbroker in lieu of the foregoing rates.

(2) The first month's interest shall be deemed to be due on the
first day of the first month of the loan and shall be deducted from the
amount of the loan.

(3) The principal and interest shall be accepted by the pawnbroker
in full satisfaction of all charges for or incidental to the loan to which
the same relate, and no pawnbroker shall demand interest in excess of
the authorized rate or shall charge compound interest.

(4) Every pawnbroker shall expose in a conspicuous place in his
shop a clearly legible list, in English and Chinese, to be furnished by
the Secretary for Chinese Affairs, of the rates chargeable under this
section.

(5) No loans shall be made by any pawnbroker, and no interest on
loans shall be charged by him, in any currency other than the currency
of the Colony.

13. Every pawnbroker shall before advancing any money on loan
enter or cause to be entered in a book to be kept by him for that
purpose, and to be called the general book, a legible statement in the
prescribed form or its equivalent in Chinese. If a Chinese form is used
the rate of interest shall be denoted by a chop.





14. Every pawnbroker shall at the time of making any loan deliver
to the borrower a ticket containing a true and legible statement in the
prescribed forni or its equivalent in Chinese. If a Chinese form is used
the rate of interest shall be denoted by a chop.

15. In order to entitle any person to redeem from the pawnbroker
the goods pawned, the ticket must be returned to the pawnbroker by
the person applying to redeem the goods, except as provided for in
section 18.

16. (1) On the tender of any such ticket together with the full
amount then due for principal and simple interest, if made within six
months from the day of making the loan in the case of goods pawned
in any part of the New Territories (other than New Kowloon), and four
months from the day of making the loan in the case of goods pawned
elsewhere in the Colony, the pawnbroker shall deliver up the goods
described therein to the person so tendering.

(2) The Governor in Council may, by regulation prescribe periods
in substitution for the periods of six months and of four months
specified in subsection (i).

17. Section 16 shall not apply to cases where, on or before such
tender, the pawnbroker has had from the borrower or the owner of the
goods notice not to deliver the same, or has had knowledge or notice
that the same have been or are suspected to have been unlawfully
obtained from or lost by the owner, or to tickets as to which the
borrower has taken such proceedings as are provided by section 18, in
all which cases the pawnbroker shall withhold the goods.

18. (1) on the application of any person representing himself to be
the borrower or the owner of the goods or ticket, as the case may be,
and to have lost or been unlawfully deprived of the same, the
pawnbroker shall, if the goods are still unredeemed or unsold, forthwith
deliver to such applicant a copy of the entry in the general book, and
the said applicant shall immediately thereupon proceed to a magistrate
and shall verify such representation by written information on oath
before such magistrate.

(2) If the said applicant verifies such representation to the
satisfaction of the magistrate and obtains a certificate to





that effect, indorsed upon the said copy, the pawnbroker shall, on the
copy so indorsed being delivered by the said applicant, deliver to him,
according to the circumstances of the case and as the magistrate may
order, another ticket or the goods, either with or without payment of
the principal or interest or both principal and interest, as the magistrate
may direct.

19. A magistrate shall, upon written information on oath

being laid before him that there are probable grounds for believing
that any goods have been pawned without the privity of their owner,
issue his warrant for searching any place where the goods may appear
to him to be; and if any of the goods are discovered upon such search,
the person executing the warrant shall take them or cause thern to be
taken into safe keeping to abide the order of a magistrate.

20. Subject to the provisions of this Ordinance, goods pawned
shall, from and after the expiration of the prescribed period specified in
section 16, become, if the same are unredeenled, the property of the
pawnbroker absolutely : Provided nevertheless that if before the
expiration of any such period the borrower is desirous of continuing
the loan for a further period not exceeding the prescribed period
applicable, the pawnbroker shall allow him to do so on his paving the
interest then due. In any such case a new ticket shall be issued and a
new entry shall be made in the general book.

21. (1) Every person applying to borrow shall at the time of his
application give to the pawnbroker to whom such application is made
true information so as to enable him to comply with the requirements of
sections 13 and 14.

(2) Every person applying to redeem goods or for a copy of an
entry shall at the time of his application give to the person to whom
such application is made a full and true account of himself, his name,
his place of abode, the name and place of abode of the owner and the
circumstances under which his application is made.

22. No person shall pawn or attempt to pawn the good, of any
other person withouf being duly authorized or employed in that behalf.





23. Every pawnbroker to whom any application is made to borrow
or redeem, or for a copy of an entry, who has reasonable cause to
suspect any unlawful conduct on the part of the applicant in any of the
above cases, is hereby required to seize and detain such applicant and
is empowered to call in the aid of any other person for that purpose;
and every person so seized shall with all reasonable speed be delivered
into the custody of a police constable who shall convey him before a
magistrate.

24. (1) A pawnbroker shall make good all loss or damage accruing
to a borrower in the following cases

(a)where the goods pawned have been stolen, embezzled, lost
or otherwise improperly disposed of before the period for the
redemption thereof has elapsed; and

(b)where the goods before the said period has elapsed have by
the default, neglect or misfeasance of the pawnbroker been
destroyed, damaged or impaired in value.

(2) In any of the said cases a magistrate shall allow and award an
amount in satisfaction of such loss or damage, froni which shall be
deducted the amount of principal and interest then due in respect of
such goods.

(3) A pawnbroker shall not be responsible for damage caused by
fire, rats, insects or other causes not attributable to his default.

25. No pawnbrokers shall receive any goods in pawn from any
person apparently under the age of fourteen years.

26. It shall not be lawful for any pawnbroker to receive



in pawn any goods having upon them any mark or sign denoting them
to be or to have been the property of the Crown or of any public
department.

27. Subject to any regulation made tinder this Ordinance by the
Governor in Council, no goods shall be pawned or redeemed before 6
a.m. or after 8 p.m.

28.(1) In each of the following cases that is to say-
(a)if any person is convicted of feloniously taking or
fraudulently obtaining any goods, and it appears to a
court or magistrate that the same have been pawned
with a pawnbroker; or





(b)if in any proceedings before a court or magistrate it appears
that any goods brought before such court or magistrate
have been unlawfully pawned with a pawnbroker,

the court or magistrate, on proof of the ownership of the goods, may
order either the delivery or the non-delivery thereof to the owner, on
payment to the pawnbroker of the amount of the loan advanced by him
thereon and the interest due, or on payment of any part of such loan or
interest, or without payment of any part of such loan or interest, as to
the court or magistrate, according to the conduct of the owner and the
pawnbroker and the other circumstances of the case, may seem just
and fitting.

(2) No such order shall be made by the court or magistrate unless
the pawnbroker and the owner have been given an opportunity of
being heard.

(3) Notwithstanding anything contained in section 67 of the
Larceny Ordinance, or in section 26 of the Sale of Goods Ordinance,
any such order made by the court or magistrate shall bar any civil
remedy which the owner would have had for the recovery of the
goods, and the owner shall not be entitled to claim the return of the
goods from the pawnbroker except in accordance with the terms of
such order.

29. (1) Every person who contravenes any of the provisions of
section 22 shall upon summary conviction be liable to a fine of five
hundred dollars and to imprisonment for six months.

(2) Every person who contravenes any of the other provisions of
this Ordinance, shall upon summary conviction be liable to a fine of
five hundred dollars.
Originally 16 of 1930. Fraser 16 of 1930. 23 of 1946. 23 of 1947. 57 of 1948. 22 of 1950. 24 of 1950. Short title. Interpretation. [cf. 35 & 33 Vict. C. 93, s. 5.] Regulations. 57 of 1948, s. 2. 22 of 1950, Schedule. Servant, agent, etc., of pawn-brokers. 35 & 36 Vict. C. 93, s. 8. Assigns, executors, etc., of pawners. 35 & 36 Vict. C. 93, s. 9. Non-application to loans above $500. [cf. 35 & 36 Vict. C. 93, s. 10.] Licence. [cf. 35 & 36 Vict. C. 93, s. 37.] Grant and duration of licence. [s. 8 cont.] Regulations. Restriction of trade to pawn-broking. Notification of name and nature of business. [cf. 35 & 36 Vict. C. 93, s. 13 (1).] Inspection of goods, books, etc. Interest on loans. G. N. 733/47. Regulations. List of rates to be exposed in the shop. Loans and interest must be in local currency. Book to be kept by pawnbroker. [cf. 35 & 36 Vict. C. 93, s. 12.] Regulations. Form 1. Ticket to be given to borrower. [cf. 35 & 36 Vict. C. 93, s. 14.] Regulations. Form 2. Return of ticket on redelivery of goods. [cf. 35 & 36 Vict. C. 93, s. 26.] Delivery of goods on production of ticket and repayment. [cf. 35 & 36 Vict. C. 93, s. 25.] 24 of 1950, Schedule. Exceptions to duty to deliver goods. protection of owners and of pawners not having pawntickets. [cf. 35 & 36 Vict. c. 93, s. 29.] Issue of search warrant for goods pawned without privity of owner. Unredeemed goods to become the property of pawnbroker. 23 of 1946, s. 3. 57 of 1948, s. 4. Information to be given by applicant. Unlawful pawning. [cf. 35 & 36 Vict. C. 93, s. 33.] Pawnbroker to seize applicant suspected of unlawful conduct. [cf. 35 & 36 Vict. C. 93, s. 34, and Cap. 143, s. 13.] Liability of pawnbroker in respect of loss or damage. [cf. 35 & 36 Vict. C. 93, ss. 27, 28, 32 (8).] Pawning by children. 23 Geo. 5, c. 12, s. 8. Taking in pawn goods with certain marks. hours of business. delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. 35 & 36 Vict. c. 93, s. 30. (Cap. 210). (Cap. 26). Penalties. [cf. 35 & 36 Vict. C. 93, ss. 33, 45.] 22 of 1950. Schedule. 22 of 1950, Schedule.

Abstract

Originally 16 of 1930. Fraser 16 of 1930. 23 of 1946. 23 of 1947. 57 of 1948. 22 of 1950. 24 of 1950. Short title. Interpretation. [cf. 35 & 33 Vict. C. 93, s. 5.] Regulations. 57 of 1948, s. 2. 22 of 1950, Schedule. Servant, agent, etc., of pawn-brokers. 35 & 36 Vict. C. 93, s. 8. Assigns, executors, etc., of pawners. 35 & 36 Vict. C. 93, s. 9. Non-application to loans above $500. [cf. 35 & 36 Vict. C. 93, s. 10.] Licence. [cf. 35 & 36 Vict. C. 93, s. 37.] Grant and duration of licence. [s. 8 cont.] Regulations. Restriction of trade to pawn-broking. Notification of name and nature of business. [cf. 35 & 36 Vict. C. 93, s. 13 (1).] Inspection of goods, books, etc. Interest on loans. G. N. 733/47. Regulations. List of rates to be exposed in the shop. Loans and interest must be in local currency. Book to be kept by pawnbroker. [cf. 35 & 36 Vict. C. 93, s. 12.] Regulations. Form 1. Ticket to be given to borrower. [cf. 35 & 36 Vict. C. 93, s. 14.] Regulations. Form 2. Return of ticket on redelivery of goods. [cf. 35 & 36 Vict. C. 93, s. 26.] Delivery of goods on production of ticket and repayment. [cf. 35 & 36 Vict. C. 93, s. 25.] 24 of 1950, Schedule. Exceptions to duty to deliver goods. protection of owners and of pawners not having pawntickets. [cf. 35 & 36 Vict. c. 93, s. 29.] Issue of search warrant for goods pawned without privity of owner. Unredeemed goods to become the property of pawnbroker. 23 of 1946, s. 3. 57 of 1948, s. 4. Information to be given by applicant. Unlawful pawning. [cf. 35 & 36 Vict. C. 93, s. 33.] Pawnbroker to seize applicant suspected of unlawful conduct. [cf. 35 & 36 Vict. C. 93, s. 34, and Cap. 143, s. 13.] Liability of pawnbroker in respect of loss or damage. [cf. 35 & 36 Vict. C. 93, ss. 27, 28, 32 (8).] Pawning by children. 23 Geo. 5, c. 12, s. 8. Taking in pawn goods with certain marks. hours of business. delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. 35 & 36 Vict. c. 93, s. 30. (Cap. 210). (Cap. 26). Penalties. [cf. 35 & 36 Vict. C. 93, ss. 33, 45.] 22 of 1950. Schedule. 22 of 1950, Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/1968

Edition

1950

Volume

v4

Subsequent Cap No.

166

Number of Pages

8
]]>
Tue, 23 Aug 2011 15:47:50 +0800
<![CDATA[NURSING AND MATERNITY HOMES REGISTRATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/1967

Title

NURSING AND MATERNITY HOMES REGISTRATION ORDINANCE

Description






CHAPTER 165.

NURSING AND MATERNITY HOMES REGISTRATION.

To provide fur the registration and inspection of nursing


homes and maternity homes and for Purposes connected
therewith.

[1st January, 1937.]

1. This Ordinance may be cited as the Nursing and

Maternity Homes Registration Ordinance.

2. (1) In this Ordinance

'certified midwife' means a woman certified under the Midwives
Ordinance;

'maternity home' means any premises used or intended to be used for
the reception of pregnant women or of women immediately after
childbirth ; but does not include any hospital or other premises
maintained or controlled by any Imperial or local Government
department;

'nursing home' means any premises used or intended to be used for
the reception of and the providing of nursing for persons
suffering from any sickness, injury, or infirmity; but does not
include any hospital or other premises maintained or controlled by
any Imperial or local Government department;

'pupil midwife' means a person who is undergoing training with a
view to becoming a certified midwife, and for that purpose.
attending women in childbirth as part of a course of practical
instruction recognized by the Midwives Board established under
subsection (i) and section 4 of the Midwives Ordinance;

'qualified nurse' means a person registered in the general part of the
register of nurses required to be kept under the Nurses
Registration Ordinance;

'register' and 'registration' mean register and registration under this
Ordinance.

(2) In relation to any premises used or intended to be

used solely for the reception of, and the provision of nursing

for, a class of patients in whose case the requisite nursing

can be suitably and adequately provided by nurses of a class

whose names are contained in some part of the register of





nurses required to be kept under the Nurses Registration Ordinance,
other than the general part of that register, references in the definition
of 'qualified nurse' contained in subsection (i) to the general part of
the register shall be construed as including references to that other
part of the register.

3. (1) If any person carries on a nursing home or a maternity home
without being duly registered in respect thereof, he shall be guilty of
an offence and shall be liable on summary conviction to a fine of one
thousand dollars, or in the case of a second or subsequent offence, to
a fine of one thousand dollars and imprisonment for three months.

(2) Application for registration shall be made to the Director of
Medical and Health Services (hereinafter referred to as the Director) in
writing in a form prescribed by him, and shall be accompanied by a fee
of five dollars. Where the applicant desires registration of premises as
a nursing home and as a maternity home separate forms shall be used
and separate fees shall be paid in respect of each.

(3) Subject as provided in this Ordinance, the Director shall, on
receipt of an application for registration, register the applicant in
respect of the nursing home or maternity home named in the
application and issue him a certificate of registration : Provided that the
Director may refuse to register the applicant if he is satisfied

(a)that he or any person employed by him at the home is not a
fit person, whether by reason of age or otherwise, to carry
on or to be employed at a nursing home or maternity home of
such a description as the home named in the application ; or

(b)that for reasons connected with situation, construction,
accommodation, staffing or equipment, the home or any
premises used in connexion therewith are not fit to be used
for a nursing or maternity home of such a description as the
home named in the application, or that the home or premises
are used or to be used for purposes which are in any way
improper or undesirable in the case of such a home; or

(c)in the case of a nursing home, that the home is not under the
charge of a person who is either a duly





qualified medical practitioner or a qualified nurse and who is
resident in the home, or that there is not a proper proportion
of qualified nurses aniong the persons having the
superintendence of or employed in the nursing of the
patients in the home; or

(d) in the case of a maternity home that the person
having the superintendence of the nursing of the
patients in the home is not a certified midwife, or
that any person employed in attending any woman
in the home in childbirth or in nursing any patient
in the home is not either a duly qualified medical
practitioner, a certified midwife, or a pupil midwife,
or that there is not a proper proportion of certified
midwives or pupil midwives among the persons
having the superintendence of or employed in the
attendance on or nursing of the patients in the
home.

(4) The current certificate of registration issued in respect of a
nursing home or maternity home shall be kept affixed in a conspicuous
place in the home, and, if default is made in complying with the
foregoing requirement, the person carrying on the home shall be guilty
of an offence.

(5) Subject to the provisions of section 4, registration shall be
valid until the end of the year in which it is made. Every person
registered in respect of a nursing home or maternity home who desires
to continue to be so registered for any subsequent year shall make
application in the month of December for re-registration and shall pay
the fee prescribed by subsection (2).

4. Subject as provided in this Ordinance, the Director may at any
time cancel the registration of a person in respect of any nursing home
or maternity home on any ground which would entitle him to refuse an
application for the registration of that person in respect of that home,
or on the ground that that person had been convicted of an offence
against this Ordinance or that any other person has been convicted of
such an offence in respect of that home.





5. (1) Before making an order refusing an application for
registration or an order cancelling any registration the Director
shall give to the applicant or to the person registered, as the case
may be, not less than fourteen days' notice of his intention to
make such aii order, and every such notice shall state the
grounds on which lie intends to make the order and shall contain
an intimation that, if within fourteen clays after the receipt of
the notice the applicant or person registered informs him in
writing that he, desires so to do, lie will, before making the order,
give him (In person or by a representative) an opportunity of
showing cause why the order should not be made.

If the Director, after giving the applicant or the person
registered (if Under the provisions of the preceding subsection
he is entitled so to do) an opportunity of showing cause as
aforesaid, decides to refuse the application for registration or to
cancel the registration, he shall make an order to that effect aiid
shall send a copy or the order by, registered post to the
applicant or the person registered.

Any person aggrieved by an order refusing an
application for registration or cancelling any registration
may, Within fourteen days after the date on which the copy
of the order was sent to him, appeal against it to the
Governor in Council.

(4) No such order shall come into force until the expiration
of fourteen days from the date on which it was made, or, where
notice of appeal is given against it, until the appeal has been
decided or withdrawn.

G. The Governor in Council may make regulations-

(a)prescribing the records to be kept of the patients
received into a nursing home or maternity home, and, in
the case of a maternity home, of any miscarriages or
still-births occurring in the home, and of the children
born therein and of the children so born who are
removed from the home otherwise than to the custody
or care of any parent, guardian or relative ;

(b)requiring notification to be given of any death occurring
in a nursing home or maternity home

(c) prescribing offences in the case of contravention of

any such regulation and penalties therefor:





Provided that no penalties so prescribed shall exceed those
prescribed by subsection (1) of section 9.

7. (1) The Director, any medical officer appointed by the Governor
as a health officer, any officer for the time being performing the duties
of a health officer or some person duly authorized by the Director may,
subject to such regulations as may be made by the Governor in
Council, at all reasonable times enter and inspect any premises which
are used, or which that officer or person has reasonable cause to
believe to be used, for the purposes of nursing home or maternity home
and to inspect any records required to be kept in accordance with the
provisions of the Ordinance.

(2) If any person refuses to allow any such officer to enter or
inspect any such premises as aforesaid or to inspect any such records
as aforesaid, or obstructs any such officer in the execution of his
powers under this section he shall be guilty of an offence.

8. The Governor in Council may by resolution grant exemption
frorn the operation of this Ordinance in respect of any hospital or
institution. The hospitals and institutions in the Schedule shall be
deemed to have been granted exemption under this section. The
Governor in Council may at any time add to or amend the Schedule and
may withdraw any exemption granted, or deemed to have been granted,
under this section or may by resolution impose a condition or
conditions in any or all cases for such exemption to continue.

9. (1) If any person is guilty of an offence against this Ordinance
(other than an offence in respect of which some otlier penalty is
specifically provided by this Ordinance) he shall in respect of each
offence be liable on summary conviction to a fine of two hundred and
fifty dollars, and, in the case of a continuing offence, to a further fine
of fifty dollars in respect of each day on which the offence continues
after conviction.

(2) Where a person convicted of an offence against this
Ordinance is a company, the chairman and every





director of the company and every officer of the company concerned in
the management thereof shall be guilty of the like offence, unless fie
proves that the act constituting the offence took place without his
knowledge or consent.

SCHEDULE. [s. 8.]

The Alice Memorial and Affiliated Hospitals (The Alice Memorial G.N.A. 66/50.
Hospital, the Alice Memorial Maternity Hospital, the Nethersole
Hospital and the Ho Miu Ling Hospital.)
The Babington Hospital and Sanatorium.
The St. Teresa's Hospital.
The Hong Kong Anti-Tuberculosis Association's Ruttonjee Sana-
torium.
The Hong Kong Central Hospital.
The Hong Kong Sanatorium and Hospital (formerly Yeung Wo
Hospital).
The Kwong Wah Hospital.
The Ling Yuet Sin Infants' Hospital.
The Matilda and War Memorial Hospital.
The St. Francis Hospital.
The St. Paul's Hospital.
The Sisters of the Precious Blood Hospital.
The Tai Wo Hospital.
The Tung Wah Hospital.
The Tung Wah Eastern Hospital.
48 of 1936. 9 of 1950. 22 of 1950. Short title. 17 & 18 Geo. 5, c. 38, s. 12 (1). Interpretation. 17 & 18 Geo. 5, c. 38, s. 10 (1). (Cap. 162). (Cap. 164). (Cap. 164). Registration of nursing and maternity homes. 17 & 18 Geo. 5, c. 38, s. 1. 22 of 1950, Schedule. [s. 3 cont.] Cancellation of registration. 17 & 18 Geo. 5, c. 38, s. 2. Notice of refusal or of cancellation of registration. 17 & 18 Geo. 5, c. 38, s. 3. Regulations. 17 & 18 Geo. 5, c. 38, s. 4. [s. 6 cont.] Inspection of nursing homes. 17 & 18 Geo. 5, c. 38, s. 5. Power to exempt certain institutions. 17 & 18 Geo. 5, c. 38, s. 6. Schedule. 9 of 1950, Schedule. Penalty for offences against Ordinance and provision as to offences by companies. 17 & 18 Geo. 5, c. 38, s. 8. 22 of 1950, Schedule. G. N. A. 66/50.

Abstract

48 of 1936. 9 of 1950. 22 of 1950. Short title. 17 & 18 Geo. 5, c. 38, s. 12 (1). Interpretation. 17 & 18 Geo. 5, c. 38, s. 10 (1). (Cap. 162). (Cap. 164). (Cap. 164). Registration of nursing and maternity homes. 17 & 18 Geo. 5, c. 38, s. 1. 22 of 1950, Schedule. [s. 3 cont.] Cancellation of registration. 17 & 18 Geo. 5, c. 38, s. 2. Notice of refusal or of cancellation of registration. 17 & 18 Geo. 5, c. 38, s. 3. Regulations. 17 & 18 Geo. 5, c. 38, s. 4. [s. 6 cont.] Inspection of nursing homes. 17 & 18 Geo. 5, c. 38, s. 5. Power to exempt certain institutions. 17 & 18 Geo. 5, c. 38, s. 6. Schedule. 9 of 1950, Schedule. Penalty for offences against Ordinance and provision as to offences by companies. 17 & 18 Geo. 5, c. 38, s. 8. 22 of 1950, Schedule. G. N. A. 66/50.

Identifier

https://oelawhk.lib.hku.hk/items/show/1967

Edition

1950

Volume

v4

Subsequent Cap No.

165

Number of Pages

6
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