CRIMINAL INTIMIDATION ORDINANCE, 1920

No. 13 of 1920.

An Ordinance to restrain certain acts of intimidation.

[19th November, 1920.]

1. This Ordinance may be cited as the Criminal Intimidation
Ordinance, 1920.

2. Every person who threatens any other person-

(1) with any injury to the person, reputation or property of
such other person; or

(2) with any injury to the person, reputation or property
of any third-person, or to the reputation or estate, of any
deceased person; or

(3) with any illegal act,

with intent in any such case-

(a) to alarm the person so threatened or any other person,
or

(b) to cause the person so threatened or any other person
to do any act which he is not legally bound to do, or

(c) to cause the person so threatened or any other person
to omit to do any act which he is legally entitied to do,

shall be guilty of an offence against this Ordinance,

3. Every person who beats or uses any violence or force
to any person with intent in any such case to cause such person
or any other person to do any act which he is not legally bound
to do,, or to omit to do any act which he is legally entitled to
do, shall be guilty of an offence against this Ordinance.

4. It shall be no defence to a charge under section 2 to
prove that the threat was not addressed directly-to the person
whose person, reputation or property was to be injured, or to
the person (if any) against whom the ilegal act was to be
committed, or to the person whom it was intended to alarm, or
to, the person whose conduct was intended to be affected, if

See No. 10 of 1886, Second Schedule.

the threat was made or published in some manner with the
intention that it should reach the person whom it was intended
to alarm, or (as the case may be) whose conduct was intended
to be affected, and that it did reach such person.

5. Every person who commits an offence against this
Ordinance, and every person who attempts to do any act which
would be an offence against this Ordinance, shall upon summary
conviction be liable to a fine not exceeding five hundred dollars
and to imprisonment for any term not exceeding six months,
and shall upon conviction on indictment be liable to imprison-
ment for any term not exceeding five years.
[Originally No. 13 of 1920.] Short title. Certain acts of intimidation prohibited. Indian Penal Code, s. 503. Assaults with intent to cause certain acts to be done or omitted. No defence to prove that the threat was not made directly. Penalties.

[Originally No. 13 of 1920.] Short title. Certain acts of intimidation prohibited. Indian Penal Code, s. 503. Assaults with intent to cause certain acts to be done or omitted. No defence to prove that the threat was not made directly. Penalties.

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SOCIETIES ORDINANCE, 1920

No. 8 of 1920.

An Ordindnce to amend the law relating to societies.

[25th June, 1920.]

1. This Ordinance rnay be cited as the Societies Ordinance,
1920.

2. In this Ordinance,

(a) ' Place ' includes vessel

(b) ' Society ' includes every club, company, guild, lodge,
partnership,, union or other association of persons whatsoever,
and every branch of any such association.

3. The following societies are hereby declared to be unlawful
societies-

(a) the Triad Society;

(b) all societies which use a Triad ritual

(c) all societies which have among their objects unlawful
purposes or purposes incompatible Yvith the peace and good
order of the Colony.

4.-(1) It shall be lawful for the Governor in Council in
his absolute discretion to declare to be unlawful any society
which in his opinion-

(a) has among its objects unlawful purposes or purposes
incompatible with the peace and good order of the Colony, or

(b) is being used, or is likely to be used, for unlawful
purposes or for purposes incompatible with the peace and good
order of the Colony, or

(c) is by reason of its actions or proceedings, calculated to
excite tumult or disorder in China or to excite persons to crime
in China.

(2) Every society so declared to be unlawful shall, without
prejudice howes,er to the operation of section 3, be deemed to

See No. 23 of 1917 [Boarding-house], s. 2 (2) (e).





be an unlawful society as from the publication in the Gazette
of the order in council declaring the society to be unlawful.

5.-(1) Every person who assists in any way whatsoever
in the management of an unlawful society shall upon summary
conviction be liable to a fine not exceeding one thousand dollars
and to imprisonment for any term not exceeding twelve months.
(2) Every person who incites, induces or invites another
person to become a member of or to assist in the management'
of an unlawful society, and every person who uses any violence,
threat or intimidation towards any other person in order to
induce him to become a member of or to assist in the manage-
ment of an unlawful society, shall upon summary conviction
be liable to a fine not exceeding one thousand dollars and to
imprisonment for any term not exceeding twelve months.

(3) Every person who procures or attempts to procure from
any other person, any subscription or aid for the purposes,of,
an unlawful society shall upon summary conviction be liable
to a fine not exceeding five hundred dollars and to imprisonment
for any term not exceeding six months.

(4) Every person who is a member of an unlawful society,
or who without lawful excuse is present at a meeting of
an unlawful society, or who pays money or gives any aid to or
for the purposes of an unlawful society, shall upon summary
conviction be liable to a fine not exceeding five hundred dollars
and to imprisonment for any term not exceeding six months.

(5) Every person who knowingly allows an unlawful society
to use any place belonging to or occupied by him, or over which
he has control, shall upon summary conviction be liable to a
fine not exceeding five hundred dollars and to imprisonment for
any period not exceeding six months.

(6) Every person who contravenes any provision of this
Ordinance in respect of which no specific penalty is provided
shall upon summary conviction be liable to a fine not exceeding
two hundred and fifty dollars and to imprisonment for any term
not exceeding three months.

6.(1) Whenever it appears to a magistrate upon the oath
of any person that there is reasonable cause to suspect-





(a) that a meeting of an unlawful society or of persons
who are members of an unlawful society is being held or is about
to be held in any place; or

(b) that any books, accounts, lists of members, writings,
banners, insignia, seals or other things whatsoever belonging
to or connected with or intended to be used for the purposes of
an unlawful society, are to be found in any place; or

(c) that any place is being or has been used, or is about
to be used, for the purposes of an unlawful *society; or

(d) that any evidence of the existence of an unlawful
society is to be found in any place,

the magistrate may, by warrant directed to any public officer,
empower such officer and his assistants to enter and search
such place, by day or by night, using force if necessary.

(2) Such officer and his assistants may seize and detain
any books, accounts, lists of members, writings, banners,
insigna, seals or other things which appear to belong to or to,
be connected with or to be intended to be used for the purposes.
of an unlawful society, or which may appear to indicate the
existence of an unlawful society, , and may arrest any person
found on such place or escaping therefrom and may detain
any such person until he can conveniently be, brought before
a magistrate.

(3) The powers conferred by a warrant issued under sub-
section (i) may be exercised without warrant by any justice
of the peace or b), any public officer accompanied by a justice
of the peace.

(4) No person shall resist or obstruct any such search, arrest
or seizure.

It shall be lawful for a magistrate to forfeit anything
duly seized tinder any power conferred by or under this section.

7.-(1) When any books, accounts, lists of members, writ-
ings, banners, insignia, seals or other things whatsoever, which
may reasonably be suspected to belong to or to be connected
with or to be, intended to be used for the purposes of an 'Unlawful
society, are found in the possession or tinder the control of, any





person, it shall, until the contrary is proved, be presumed that
such person is a member of an unlawful society.

(2) When it appears to a magistrate that there is reason-
able cause to suspect that any place entered and searched under
any power conferred by or under this Ordinance was immediately
before or at the time of such entry being used by or for the
purposes of an unlawful society, it shall, until the contrary is
proved, be presumed that all persons found in such place at
any time during such search, or found escaping therefrom
immediately before or at the time of such entry, are members
of an unlawful society.

(3). In any prosecution under this Ordinance, it shall not
be necessary to prove the name of the unlawful society, or to
prove that it has any name.

(4) In any prosecution under this Ordinance, it shall be
no objection to the admissibility of expert evidence that the
expert is not or has not been a member of any unlawful society.

(5) In any prosecution under this Ordinance, the magistrate
may refer, for the purposes of evidence, to ' The Triad Society
or Heaven and Earth Association ' by William Stanton, and
to any other published books or articles on the subject of
unlawful societies in general or of particular, unlawful societies,
which the magistrate may consider to be of authority on the
subject to which they relate.

No. 9 of 1920, incorporated in No. 1 Of 1903,
repealed by No. 7 Of 1935.

No. 10 of 1920, repealed by No. 5 Of 1924.

No. 11 of 1920, repealed by No. 11 Of 1937.

No. 12 of 1920, iitcorporated in No. 4 Of 1897.
[Originally No. 8 of 1920.] Short title. Interpretation. Societies declared unlawful. Societies which may be declared unlawful. [cf. No. 10 of 1927, s. 7.] Offences and penalties. Search, arrest, seizure and forfeiture. Evidence. [s.7 contd.] [30.7.37.]

[Originally No. 8 of 1920.] Short title. Interpretation. Societies declared unlawful. Societies which may be declared unlawful. [cf. No. 10 of 1927, s. 7.] Offences and penalties. Search, arrest, seizure and forfeiture. Evidence. [s.7 contd.] [30.7.37.]

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FOREIGN CORPORATIONS (EXECUTION OF INSTRUMENTS UNDER SEAL) ORDINANCE, 1920

No. 1 of 1920..

An Ordinance to make Provision with regard to the execution of
instruments under seal by the agents of certain foreign
corporations.

[6th February, 1920.]

1. This Ordinance may be cited as the Foreign Corporations
(Execution of Instruments under Seal) Ordinance, 1920.

As amended by No. 24 of 1930 [5.12.30] and Law Rev. Ord., 1939,

Supp. Sched.





2. In this Ordinance,
(a) Foreign, corporation ' means any corporate body duly
incorporated in accordance with the 'laws of any foreign state

(b) Foreign state does not include any British protect-
orate.

3. The ' fact, that . a power of attorney or document of
authorization given to. or in favour of the donee of the power
or agent of a foreign corporation is not under seal shall not,
if such power of attorney or document of authorization is valid
,as a, power of attorney or document of authorization in accordance
with the , laws, of the state under which such corporation is
incorporated, affect, for any 'Purpose intended to be effected
within the Colony, the validity or effect of any instrument under
seal executed on behalf of such corporation,by. such donee of the
power or agent, which shalf for all such purposes whatsoever
be as valid as if'such authority had been under seal.

4. This Ordinance shall also apply to every instrument
under seal executed before the commencement of this Ordinance
on behalf of any foreign corporation by a donee of a power or
an agent of such corporation whose authority was not tinder
seal,.

No. 2 of. 1920, repealed by No. 10 Of 1933.

No. 3 of 1920, repealed by Law, Revision
Ordinance, 1939, Supp. Sched.

No. 4 of 1920, repealed by No. 11 Of 1921.

No. 5 of, 1920, incorporated in No.' 2 Of 1919,
repealed by No. 4 Of 1926.

No. 6 of 1020, incorporated in No. 9 of 1911
repealed by No. 36 Of 1931.

No. 7 of 1920, incorporated in No. 4o of 1909.
[Originaly No. 1 of 1920.] Short title. Interpretation. Authority of agent of foreign corporation need not be under seal, unless seal required by law of foreign state. Retrospective application. [26.5.33.]

[Originaly No. 1 of 1920.] Short title. Interpretation. Authority of agent of foreign corporation need not be under seal, unless seal required by law of foreign state. Retrospective application. [26.5.33.]

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PLACES OF PUBLIC ENTERTAINMENT REGULATION ORDINANCE, 1919

No. 22 of 1919.

An Ordinance to consolidate and amend the law relating to
Places of public enteTtainment.

[31st October, 1919.]

1. This Ordinance,, may. be cited. as the Places of Public
Entertainment Regulation Ordinance, 1919.

2. In this Ordinance or any regulation made thereunder,

(a) Entertainment includes any concert, stage play, stage
performance, .cinematograph display, exhibition of dancing,

As ameiided by Law Rev. Ord., 1939, Supp. Sched.
The provisions of the Celluloid and Cinematograph Film Ordinance, 1923,
do not apply to premises licensed under this Ordinance : see No. 23
of 1923, s. 5.





conjuring or juggling, acrobatic performance, boxing contest or
circus,, or any other entertainment of, a similar, character;

(b) 'Public entertainment' 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 hereinafter
provided, under a penalty not exceeding two hundred dollars for,
,every day on which such building ot matshed has---been so kept
or used. for the purpose aforesaid.

4.-(1) No 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 performance 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 and
passed in accordance with such regulations as may be made for
the purpose under this Ord inance,' and any film or poster, when
once censored and pdssed as,,aforesaid, shall not be altered or
added to in any way whatsoever without a fresh. censoring And
passing.

5. Every person who Advertises, presents or carries on any
cinematograph display to which the public are admitted, or
causes the same to be advertised, presented or carried on, without
the permit of the Commissioner of Police shall, upon summary
conviction be liable to a fine not exceeding five hundred dollars.

6. It shall be lawful for the Governor in Council to make
regulations for all or any of the following purposes-

As amended by Law Rev.. Ord., 1939, Supp~ Sehed.





(a) the mode of application for licences for any building, whether
permanent or temporary, or for' any matshed, to be used for any public
entertainment, 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) the cancellation of any such licence;

(c) prescribing the payment of fees in respect of all or any of such
licences;

(d) prescribing 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) requiring the exercise of all such measures as may be prescribed in
any such regulation against overcrowding, and for the control and.
prevention of fire in any such building or matshed, and for the maintenance
of the sanitary condition of such building or matshed;

the maintenance of peace and good order in any such building or
matshed;

(g) the entry and inspection of any such building or matshed at any
time by the Commissioner of Police, the Building Authority and any other
officer authorized by the Governor in that behalf

(h) to provide for the, censoring of cinematograph films and

posters in such manner and on such principles as may be
prescribed -in such regulations

(i) to prescribe the fees to be. paid in respect of such censoring;

to prescribe any conditions whatsoever for any licence, permit or
permission to be given under this Ordinance or under any regulations made
thereunder.;

(h) the imposition of penalties for breach of any regulations

*.As amended by Law Rev. Ord., 1930, Supp. Sched.
made in pursuance of this section and the mode of recovery of the
same; and

(1) generally for the purpose of carrying into effect the
provisions of this Ordinance.

7.-(1) Subject to the provisions of this Ordinance no person shall
advertise, present or carry on any public entertainment without a
permit from the Secretary for Chinese Affairs, the Commissioner, of
Police, or a District Officer.

*(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 not exceeding five
hundred dollars.
[Originally nO. 22 of 1919. No. 18 of 1919. No. 24 of 1930. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. No. 25 of 1933., s. 2 (b).] Licences for places of public entertainment.* Permits required for cinematograph displays.* Censoring of films and posters. Penalty for presenting cinemas without permit. Power to make regulations for places of [s. 6 contd.] public entertainment.* Permits for public entertainments.* [cf. s. 5.]

[Originally nO. 22 of 1919. No. 18 of 1919. No. 24 of 1930. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. No. 25 of 1933., s. 2 (b).] Licences for places of public entertainment.* Permits required for cinematograph displays.* Censoring of films and posters. Penalty for presenting cinemas without permit. Power to make regulations for places of [s. 6 contd.] public entertainment.* Permits for public entertainments.* [cf. s. 5.]

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RICE ORDINANCE, 1919

No. 20 of 1919.

*An Ordinance for the acquisition and disposal of rice by the
Hong Kong Government..
[19th September, 1910.]

1. This Ordinance may be cited as the Rice Ordinance,
1919.

2. (1). The Governor may, at any time when he thinks fit,
and in time of peace as well 'as in time of war,' order the seizure
and taking possession of any rice within the limits of the Colony,
and may sell such rice for consumption in the Colony.

(2) The Governor shall, out of the public funds of the
Colony, pay to every person whose rice is taken by virtue. of
sub-section (i), such compensation as may be agreed on between
the Governor and such person, and in default of agreement, such
compensation as shall be awarded by a board constituted as
hereinafter mentioned whose award shall be final.

As amended by Law Rev. Ord., 1930, Supp. Sched.





(3) For the purpose of determining the amount of compen-
sation payable for any rice taken. under sub-section (i). the
Governor shall appoint, a board consisting of five persons,, of
whom one shall be a judge or stipendiary magistrate, two shall
be officers either in the Civil Government of the Colony or in
His Majesty's naval, military or air service, and the other two
shall be inhabitants of the Colony. 'All questions referred to
the said board shall in case of a difference of opinion be decided
.by the votes of the majority of the members. The judge or
stipendiary magistrate shall be the chairman of the board.

(4) The said board, in fixing the price to be paid for rice
taken under sub-section (i), shall not make any addition on
account of the purchase being compulsory.

(5) Every person who refuses or neglects to obey or comply
with any order made under this section or does anything whereby
the execution of any, such 'order is prevented or hindered, or with
intent to prevent or hinder the execution of any such order, shall
be guilty of an offence against this Ordinance.

3. If any person, by obeying any order made under section
2 (1), is prevented from fulfilling any contract, such person
shall not ' be deemed to have thereby committed a breach of
contract but such contract shall be deemed to be cancelled so far
as its fulfilment may be prevented by any such order.

4. The total proceeds of all sales of rice for consumption in
the Colony shall not recoup to the Government more than the
total cost of purchasing the same together with the expenses
incidental to such purchase and sale.

5. The Governor may from time to time and as often as
occasion may require by proclamation prescribe-

(a) the price for which rice of any particular standard
Government quality, as defined by section 6,

(b) the maximum price for which any particular quality of
rice, other than.a standard Governtrient quality,

may be sold by. retail in any particular district of the Colony,
and any'person who in breach of any such proclamation sells

As amended by Law'Rev. Ord., 1939, Supp. Sched.





any such standard Government quality of rice at a price other.
than the price so prescribed or sells any such other quality of
rice at a price higher than the maximum price so presdribed shall
be deemed guilty of an offence against this Ordinance.

6. The qualities of rid for which a. price is fixed in any
particular district of the Colony shall be determined by persons
to be appointed for the purpose by the Governor. Samples of
the qualities so determined shall be kept at all police station's and
shall be open to inspection. Such samples shall conform to
sealed samples kept in the offices of the Supe rintendent of
Imports and Exports and the District Officers, and such sealed
samples shall be known as standard Government qualities.

7. Every person who sells rice purporting to be of one of
the standard Government qualities which differs from such quality
to the prejudice of the purchaser shall be guilty of an offence
against this Ordinance.

8. Every. person -who sells any rice supplied by the Govern-
ment except under licence issued by an officer appointed by the
Governor for that purpose shall be guilty of offence against
this Ordinance.

9. No person who is authorized to sell rice supplied by the
Government shall mix one standard Government quality of such
rice with any other standard Government quality of such rice
or with any rice not supplied by the Government or with any
foreign substance.

10. Any person authorized by the Gove rnor in writing in
that behalf may enter upon and into any land, house or other
building in'the Colony for the purpose of inspecting the stock
of rice therein and oi taking, samples thereof, and in case of
opposition or obstruction may use force to effect such entry and
inspection, and shall not be liable for any da mage directly or
indirectly occasioned by such forcible entry.

11. Every person who is guilty of,an offence against this
Ordinance or of a breach of any of the provisions thereof shall
upon summary conviction be liable to a fine not exceeding five

As amended by Law Rev. Ord,, 1939, Supp. Sched.

hundred dollars or to imprisonment for Any term not exceeding
six months, and any rice in connexion with which any such
offence has been committed shall be forfeited.

12. All powers given by this Ordinance shall be in addition
to and not in, derogation of any Other powers conferred by or'
under any enactment, and all such powers may be exercised in
the same manner and by the same authority as if this Ordinance
hadpot been made.

13. It shall be lawful for the Legislative Council from time
to time and as often as occasion may require, to pass a resolution
suspending the operation of this Ordinance or of any section or
sections thereof either for a definite period or until the Legislative
Council makes a further resolution reviving the operation of this
Ordinance or of any section or section s.thereof.
[Originally No. 20 of 1919. Law Rev. Ord., 1939.] Short title. Power to Governor to seize and sell rice.* Payment of compensation. Board to fix compensation. No addition for compulsory purchase. Prohinition of non-compliance with order. Effect of direction or order on prior contracts.* Prohibition of profit by Government on total proceeds of sales of rice. Power to Governor to fix retail price of rice and prohibition of sale except at such price.* Determination of standard Government qualities of rice.* Prohibition of selling rice of inferior quality.* Prohibition of sale of Government rice.* Prohibition against mixing rice with other qualities or with foreign substance. Power of entry and inspection and taking samples.* Penalty.* Saving of other powers. Power to suspend or revive operation of Ordinance or part thereof.*

[Originally No. 20 of 1919. Law Rev. Ord., 1939.] Short title. Power to Governor to seize and sell rice.* Payment of compensation. Board to fix compensation. No addition for compulsory purchase. Prohinition of non-compliance with order. Effect of direction or order on prior contracts.* Prohibition of profit by Government on total proceeds of sales of rice. Power to Governor to fix retail price of rice and prohibition of sale except at such price.* Determination of standard Government qualities of rice.* Prohibition of selling rice of inferior quality.* Prohibition of sale of Government rice.* Prohibition against mixing rice with other qualities or with foreign substance. Power of entry and inspection and taking samples.* Penalty.* Saving of other powers. Power to suspend or revive operation of Ordinance or part thereof.*

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INDICTMENTS ORDINANCE, 1919

No. 17 of 1919.

An Ordinance to amend the law relating to indictments in
criminal cases and matters incidental or similar thereto.

[12th October, 1919.]

1. This Ordinance may be cited as the Indictments Ordinance,
1919.

2. The rules contained in the Schedule with respect-to
indictments shall have effect as if enacted in this Ordinance, but
those rules may be added to, varied or annulled by further rules
rnade by the rule committee under this Ordinance.

3.-( 1 ) There shall be established for the purposes of this
Ordinance a rule committee consisting of the Chief justice~,-the
Attorney General, the Registrar of the Supreme Court, the
senior Police Magistrate for the time being and the President
of the Incorporated Law Society of Hong Kong, three of whom
shall form a quorum.

(2) The rule committee shall have power from time to time
to make rules varying or annulling the rules contained in the
Schedule and to make further rules with respect to the matters
dealt-with in those rules, and those rules shall have effect subject
to any modifications. or additions so made.

(3) Any rules made by the rule committee shall be laid as
soon as may be before the Legislative Council and if that
Council disapproves of such rules or any of them the rules so
disapproved of shall thenceforth be void, but without prejudice
to the validity of anything done thereunder.

4.-(1 ) Every indictment shall contain, and shall be sufficient
if it contains, a 'statement of the specific offence or offences
with which the accused person is charged, together with such
particulars as may be necessary for giving reasonable information
as to the nature of the charge.

(2) Notwithstanding any rule of law or practice, an indict-
ment shall, subject to the provisions of this Ordinance, not be

As amended by by Rev. Ord., 1939, Supp. Sched.





open to objection in respect of its form or contents if it is framed
in accordance with the rules under this Ordinance.

5.-(1) Subject to the provisions of the rules under this
Ordinance, charges for more than one felony or for more than
one misdemeanor, and charges for both felonies and mis-
demeanors, may be joined in the same indictment, but where a
felony is tried together with any misdemeanor the jury shall be
sworn and the person accused shall have the same right of
challenging jurors as if all the offences charged in the indictment
were felonies.

(2) If one sentence is passed upon any verdict of guilty on
an indictment containing more counts than one, the sentence
shall be good if any of the counts upon which such verdict has
been returned would have justified such sentence.

6.-(1) Where, before trial or at any stage of a trial, it
appears to the court that the indictment is defective, the court
shall make such order for the amendment of the indictment as
the court thinks necessary to meet the circumstances of the case
unless, having regard to the merits of the case, the required
amendments cannot be made without injustice..

(2) Where an indictment is,so amended a note of the order
for amendment shall be indorsed on the indictment.

(3) Where, before trial or at any stage of a trial., the court
is of opinion that a person accused may be prejudiced or
embarrassed in his defence by reason of being charged with
more---than.one offence in the same indictment, or that for any
other reason it is desirable to direct that the person should be
tried separately for any one or more offences charged in an
indictment, the court may order a separate trial of any count
or counts of such indictment.

(4) Where, before trial or at any stage of a trial, the court
is of opinion that the postponement of the trial of a person
accused is expedient as a consequence of the exercise of any
power of the court under this Ordinance to amend an indictment
or to order a separate trial of a count, the court shall make such
order as to the postponement of the trial as appears necessary.

(5) Where an order of the court is made under this section
for a separate trial or for the postponement of a trial-





(a) if such an order is made during a trial the court may
order that the jury are to be discharged from giving a verdict
on the count or counts the trial of which is postponed or on the
indictment, as the case inay be ; and
(b) the procedure on the separate trial of a count shall be
the same in all respects as if the count had been found in a
separate indictment, and the procedure on the postponed trial
shall be the same in all respects (if the jury has been discharged)
as if the trial had not commenced ; and

- (c) the court may make such order as to admitting the
accused person to bail and as to the enlargement of recognizances
and otherwise as the court thinks fit.

(6) Any power of the court under this section shall be in
addition to and not in derogation of any other power of the
court for the same or similar purposes. .

7.-(1) Nothing in this Ordinance or'the rules thereunder
shall affect the law or practice relating to the jurisdiction of a
court or the place where an accused person can be tried, nor
prejudice or diminish in any respect the obligation to establish
by evidence according to law any acts,. omissions or intentions
which are legally necessary to constitute the offence with which
the person accused is charged,. nor otherwise affect the laws of
evidence in criminal cases.

(2) In this Ordinance, ' the court ' means the court before
which any indictable offence is tried or prosecuted.

SCHEDULE. [s. 2.]

1.-(1) A description of the offence charged in an indictment, or
where more than one offence is charged in an indictment, of each
offence so charged, shall be set out in the indictment in a separate
paragraph called a count.
(2) A count of an indictment shall commence with a statement
of the offence charged, called the statement of offenee.

As amended by Law Rev. Ord., 1939, Supp. Sched.'





(3) The statement of offence shall describe the offence shortly
in ordinary language, avoiding as far as. possible the use of technical
terms, and without necessarily stating all the essential elements of
the offence, and if the offence charged is one created by statute,
shall contain a reference to the section of the statute creating the
offence.

(4) After the statement of the offence, particulars of such
offence shall be set out in ordinary language in which the use of
technical terms shall not be necessary:

Provided that, where any rule of law or any statute limits the
particulars of an offence which are required to be given in an
indictment, nothing in this rule shall require any more particulars
to be given than those so required.

(5) The forms set out in the appendix to these rules or forms
conforming thereto as nearly as may be shall be used in cases to
which they are applicable, and in other cases forms to the like
effect or conforming thereto as nearly as may be shall be used, the
statement of offence and the particulars of offence being varied
according to the circumstances in each case.

(0) Where an indictment contains more than one count the
counts shall be numbered consecutively.

2.-(1) Where an enactment constituting an offence states 'the
offence to be the doing or the omission to do any one of any different
acts in the alternative, or the doing or the omission to do any act
in any one of any different capacities, or with any one of any
different intentions or states any part of the offence in the alternative,
the acts, omissions, capacities or intentions, or other matters, stated
in the alternative 'in the enactment, may be stated in the alternative
in the count charging the offence.
(2) It shall not be necessary in any ' count charging a statutory
offence to negative any exception or exemption from or qualification
to the operation of the statute creating the offence.

3.-(1) The description of propeTty in a count in an indictment
shall be in ordinary language and such as to indicate with reasonable
clearness the property referred to, and if the property is so
described it shall not be necessary (except when required for the
purpose of describing an offence depending on any special ownership
of property or special value of property) to name the person to whom
the property belongs or the value of 'the property.
(2) Where property is vested in more than one person and the
owners of the property are referred to in an indictment, it shall be
sufficient to describe the property as owned by one of those persons
by name with others, and if the persons owning the property are a
body of persons with a collective name, such as 'Inhabitants',
'Trustees', 'Commissioners' or 'Club'' ot. other such name, it
shall be sufficient to use the collective name without naming any
individual.





4. The description or designation in an indictment of the
accused person, or of any other person to whom reference is made
therein, shall be such as is reasonably sufficient to identify him,
without necessarily stating his correct narne or his abode, style,
degree or occupation; and if, owing to the name of the person not
being known or for any other reason, it is impracticable to give such
a description or designation, such description or designation shall be
given as is reasonably practicable in the circumstances, or such person
may be described as a person unknown'.

5. Where it is necessary to refer to any document or instrument
in an indictment it shall be sufficient to describe it by any name or
designation by which it is usually known or by the purport thereof,
without setting out any copy thereof.

6. Subject to any other provisions of these rules, it shall be
sufficient to describe any place, time,' thing, matter, act or omission
whatsoever to, which it is necessary to refer in any indictment, in
ordinary language in such a manner as to indicate with reasonable
clearness the Place, time, thing, matter, act or ornission referred to.
7. It shall not be necessary in stating any intent to defraud,
deceive or injure to state an intent to defraud, deceive or injure any
particular person, where the statute creating the offence does not
make an intent to defraild, deceive or injure a particular person ail
essential ingredient of the offence.

8. The Interpretation Ordinance, 1911, applies for the inter-
pretation of these rules its it applies for the interpretation of an
Ordinance.

9. These rules inay be cited as the Indictment Rules, 1919, and
these rules, together with any rules made under section 2 of the
Indictments Ordinance, 1919, may be cited together by such
collective title, as may be prescribed by the last-mentioned rules.

APPENDIX. [rule 1 (5).]

FORMS OF INDICTMENT.

1.
STATEMENT OF OFFENCE,
Murder.
PARTICULARS OF OFFENCE.

A.B., on the da , 19 , at
in this Colony, murdered J.S.






2.
STATEMENT OF OFFENCE.

Accessory after the fact to murder.*

PARTICULARS OF OFFENCE.

A.B., well -knowing that H.C. had murdered C.C., did on the
day of 19 , and on other
days thereafter at in this Colony, receive, comfort,
harbour, assist and maintain the said H.C.

3.
STATEMENT, OF OFFENCE.
Manslaughter.
PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, linlawfully killed J.S.

4.
STATEMENT OF OFFENCE.
Rape.
PARTICULARS OF OFFENCE.
A. B., on the day of 19 at
in this Colony, had carnal knowledge of E.F. without her consent.

First Count.

STATEMENT OF OFFENCE.

Wounding with intent, contrary to section 17 of the Offences
against the Person Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of , 19 , at
in this Colony, wounded C.D., with intent to do him grievous bodily
harm., or to maim, disfigure or disable him or to resist the lawful
apprehension of him the said A.B.

As amended by Law Rev. Ord., 1939, Supp. Sched.





Second Count.

STATEMENT OF
OFFENCE.

Wounding, contrary to section 19 of the Offences against the

Person Ordinance, 1865.
PARTICULARS Or OFFENCE.

A.B., on the day of , 19 at
in this Colony, maliciously' wounded C.D .

STATEMENT OF OFFENCE.

Larceny, contrary to section 31, sub-section (1) (a), of the Larceny
Ordinance, 1935.

PARTICULARS OF
OFFENCE.

A.B., on the day of 19 at

in this Colony, being clerk ot servant to M.N., stole from the said
M.N. ten yards of cloth.



STATEMENT CP
OFFENCE.

Robbery with violence, contrary to section 40, sub-section (1) (b), of
the Larceny Ordinance, 1935.

PARTICULARS OF
OFFENCE.

A.B., on the day of , 19 , at
in this Colony, robbed C.D. of a watch, and at the time of or
immediately before or immediately after such robbery did use
personal violence to the said C.D.

8.

First, Count.

STATEMENT OF
OFFENCE.

Larceny after a previous conviction.

As amended by No. 32 of 1935 [6.9.35].

As amended by Law Rev. Ord., 1939, Supp. Sched





PARTICULARS OF OFFENCE.

A.B., on the day of 19 ' at

in this Colony, stole a bag, the property of C.D.

A.B. has been previously convicted. of felony, to wit, burglary,
on the day of 19 at the criminal
sessions of the Supreme Court.

Second Count.

STATEMENT OF OFFENCE.

Receiving stolen goods, contrary to section 51, sub-section (1),
of the Larceny Ordinance' 1935.

PARTICULARS OF OFFENCE.

A.B., on the day of , 19 at
in this Colony, did receive; a bag,. the property of C.D., knowing the
same to have been stolen.

9.
STATEMENT OF OFFENCE.

Burglary and larceny contrary to sections 25 and 42, sub-section
(1), of the Larceny. Ordinance, 1935.

PARTICULARS OF OFFENCE.

A.B., in the night of the day of '19
at in this Colony, did break and enter the dwelling-house of
C.D. with intent to steal therein, and did steal therein one watch, the
property of S.T.,. the said watch being of the value of dollars.

10.

STATEMENT, OF OFFENCE.

Uttering threatening letter with intent, contrary to section 46,
sub-section (1) (ii), of the Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

A.B. on the day of 19 ' at
in this Colony, uttered, knowing the contents thereof, a letter or
writing threatening to accuse J.N. of a certain crime, to wit, of
having attempted to commit the abominable crime of buggery with
the said A.B., with intent to extort or gain money from the said J.N.

* As amended by No. 32 of 1935 [6.9.35].





11.

STATEMENT OF OFFENCE.

Obtaining goods by false pretences, contrary to section 49 of the
Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

A.B on the day of 19 , at
in this Colony, with intent to defraud, obtained from S.P. five yards
of cloth by falsely pretending that. he, the said A.B., was a servant
to J.S., and that he, the said A.B., had then been sent by the said
J.S., to S.P, for, the said cloth, and that he, the said A.B., was
then authorized by the said J.S. to receive the said cloth on behalf
of the said J.S.

12. .

STATEMENT OF. OFFENCE.

Conspiracy to defraud.
PARTICULARS OF OFFENCE.
A.B. and C.D. on divers days between the day of
, 19 and the day of ,19
at in this Colony, conspired together and with other
persons unknown to defraud such persons as should thereafter be
induced to, part with money to the said A.B. and C.D. by false
representations that A.B. and C.D. were then carrying on a genuine
business as jewellers at in this Colony and that they
were then willing and prepared to supply articles of jewellery to such
persons.

13. .

First Count.

STATEMENT OF OFFENCE.
Arson, contrary to section 3 of the Malicious Damage Ordinance,
1865.

PARTICULARS OF OFFENCE.

A.B., on the day of , 19 , at
in this Colony, maliciously set fire to a dwelling- house, one F.G.
being therein.

As amended by Law Rev. Ord., 1939, Supp. Sched,





Second Count.
STATEMENT OF OFFENCE.
Arson, contrary to section 4 of the Malicious Damage Ordinance,

PARTICULARS OF OFFENCE.

A.B., on the day of 19 , at
in this Colony, maliciously set fire to a house with intent to injure
or defraud..

14.

STATEMENT OF OFFENCES.

A.B., arson, contrary to section 4 of the Malicious Damage
Ordinance, 1865;
C.D., accessory before the fact to same offence.
PARTICULARS OF OFFENCES.

A.B., on the day of 19 at.
in this Colony, set fire to a house with intent to injure or defraud.

C.D., on the same day, at in this Colony, did counsel,
procure and command.the said A.B. to, commit the said offence.

First Count.

STATEMENT OF OFFENCE.

Offence under section 27A (1) of the Malicious Damage Ordinance,
1865.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 , at
in this Colony, displaced a sleeper belonging to the Kowloon-Canton
Railway with intent to obstruct, upset, overthrow, injure or destroy
any engine,. tender, carriage or truck using the said railway.
Second Count.

STATEMENT OF OFFENCE.

Obstructing railway, contrary to section 27A (2) of the Malicious
Damage Ordinance, 1865.





PARTICULARS OF OFFENCE.

A.B., on the day of 9 19 at
in this Colony, by unlawfully displacing a sleeper belonging to the
Kowloon-Canton Railway did obsiruct or cause to be obstructed an
engine or carriage using the said railway.

16.

First Count.
STATEMEXT OF OFFENCE.

Forgery, contrary to section 4 (1) (a), of the Forgery Ordinance,
1922.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 at
in this Colony, with intent to defraud, forged a certain will purporting
to be the will of C.D.

Second Count.
STATEMENT OF OFFENCE.
Uttering forged document, contrary to section 8 of the Forgery
Ordinance, 1922.

PARTICULARS OF OFFENCE.

A. B,, on the day of 19 ' at
in this Colony, uttered a certain forged will purporting to be the will
of C.D., knowing it to be forged and with intent to defraud.

17.

STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 8 of the Coinage
Offences Ordinance,, 1865.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 , at a shop
called ' , at in this Colony,
uttered a counterfeit dollar, knowing the same to be counterfeit,

As amended by Law Rev. Ord., 1939, Supp. Sched,



18.

STATEMENT AF OFFENCE.

Uttering counterfeit coin, contrary to section 11 of the Coinage
Offences Ordinance, 1865.

PARTICULARS OF OFFENCE.

A. B., on the day of 19 , at a shop
called - at in this Colony,
uttered a counterfeit dollar, knowing the same to be counterfeit.

A.B, has been previously convicted of a misdemeanor under
section 8 of the Coinage Offences Ordinance, 1865, on the day
of 19 at

19
STATEMENT OF OFFENCE.
Libel.
PARTICULARS OF OFFENCE.
A. B., on the day of 19 at
in this Colony, published a defamatory libel concerning E.F., in the
form of a letter [book, pamphlet, picture, ar as the case. may be].

[Innuendo should be stated where necessary].

20.
First Count.
STATEMENT OF OFFENCE.
Publishing obscene libel.
PARTICULARS OF OFFENCE.
E.M., on the day of at
in this Colony, sold, uttered and published and caused or procured
to be sold, uttered and published 'an obscene libel the particulars of
which are deposited with this indictment.

[Particulars to specify pages and lines complained of where neces-
as in a book].

,Second Count.
STATEMENT OF OFFENCE.
Procuring obscene libel [or thing] with intent to sell or publish..





PARTICULARS OF OFFENCE.

E. M., on the day of 19 ' at
in this Colony, procured an obscene libel [or thing],.the particulars
of which are deposited with this indictment, with intent to sell., utter
or publish such obscene libel [or thing].

21.

First Count.

STATEMENT OF OFFENCE.

Falsification of accounts, contrary to section 3 (b) of the
Falsification of Documents Ordinance, 1935.

PARTICULARS OF. OFFENCE.

A.B., on the day of 19
at in this Colony, being clerk or servant to C.D., with intent
to defraud, made or concurred in making a false entry in a cash book
belonging to the said C.D., his employer, purporting toshow that on
the said day 100 dollars had been paid to L.M.
Second Count,

STATEMENT OF OFFENCE.

Same as first count.

PARTICULARS OF OFFENCE.
A. B., on the day of ,' 19 at
in this Colony, being clerk or servant to C.D., with intent to defraud,
omitted or concurred in omitting from or in a cash book belonging to
the said C.D., his employer, a material particular, that is to say, the
receipt on the said day of 50 dollars from H.S.

22.

First Count.

STATEMENT OF OFFENCE.

Fraudulent conversion of property, contrary to section 32, sub-
section (1).(iii) .(a), of the Larceny Ordinance, 1935.

As amended by No. 32 of 1935 [6.9.35].
As amended by No. 33 of 1935 [6.9.35].
PARTICULARS OF OFFENCE.

A.B., on the day of 19 at
in this Colony, fraudulently converted to his own, use and benefit
certain property, that is to say,100 dollars entrusted to him by H.S.,
in order that he, the said A.B., might retain the same in safe custody.

Second Count.

STATEMENT OF OFFENCE.

Fraudulent conversion of property, contrary to section .32, sub-
section (1) (iii) (b), of the Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

A. B, on the day of 19 at
in this Colony, fraudulently converted to his own use. and benefit
certain property, that is to say, the sum of 200 dollars received by
him for and on. account of L. M.
[Originally No. 17 of 1919. No. 32 of 1935. No. 33 of 1935. Law Rev. Ord., 1939.] Short title. Rules as to indictments. 5 & 6 Geo. 5, c. 90, s. 1. Schedule. Powers of Rule Committee. 5 & 6 Geo. 5, c. 90, s..2.* General provisions as to indictments. 5 & 6 Geo. 5, c. 90, s. 3. Joinder of charges in the same indictment. 5 & 6 Geo. 5, c. 90, s. 4. Orders for amendment of indictment, separate trial and postponement of trial. 5 & 6 Geo. 5, c. 90, s. 5. Saving and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. Mode in which offences are to be charged. [Schedule contd.] Appendix. Provision a to statutory offences. Description of property. [Schedule contd.] Description of persons. Description of document. General rule as to description. Statement of intent. Interpretaton. Ordinance No. 31 of 1911. Short title. [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.]

[Originally No. 17 of 1919. No. 32 of 1935. No. 33 of 1935. Law Rev. Ord., 1939.] Short title. Rules as to indictments. 5 & 6 Geo. 5, c. 90, s. 1. Schedule. Powers of Rule Committee. 5 & 6 Geo. 5, c. 90, s..2.* General provisions as to indictments. 5 & 6 Geo. 5, c. 90, s. 3. Joinder of charges in the same indictment. 5 & 6 Geo. 5, c. 90, s. 4. Orders for amendment of indictment, separate trial and postponement of trial. 5 & 6 Geo. 5, c. 90, s. 5. Saving and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. Mode in which offences are to be charged. [Schedule contd.] Appendix. Provision a to statutory offences. Description of property. [Schedule contd.] Description of persons. Description of document. General rule as to description. Statement of intent. Interpretaton. Ordinance No. 31 of 1911. Short title. [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.]

https://oelawhk.lib.hku.hk/items/show/1559

CHEUNG CHAU (RESIDENCE) ORDINANCE, 1919

No. 14 of 1919.

An Ordinance to provide that no person shall without the
consent of the Governor in Council reside within the
southern PoTtion of the island of Cheung Chau ( )
otherwise known as Dumb-bell Island.

[29th August, 1919.]

1. This Ordinance may be cited as the Cheung Chau
(Residence.) Ordinance, 1919.

2.-(1) It shall not be lawful for any person whatsoever to
reside without the consent of the Governor in Council within that
portion of Cheung Chau ( ) or Dumb-bell Island which is
shown in green edging on a plan dated the 28th day of August,
1919, signed by the Director of Public Works, countersigned
by the Governor and deposited in the Land. Office, and denoted
on the ground by boundary Stones fixed for that urpose.

(2) Any such consent may be given so as to include the
following persons-

(a) the members of the family of the person to whom the
consent is given

(b)persons bond fide employed by such person in,or about
his residence; and

(c) bona^ fide visitors entertained gratuitously by' such
person.

(3) Any consent granted by the Governor in Council may
be revoked by the Governor in Council at any time on six
months' notice in writing.

3. If it is made to appear to the Supreme Court that'anything
has been done by any person in violation or contravention of
this Ordinance, it shall be lawful for such court to restrain such
person by injunction from further continuing such violation or
contravention.

Nos. 15 and 16 of 1919, repealed by No. s of 1924.

As amended by Law Rev. Ord., 1939, Supp. Sched,
[Originally No. 14 of 1919. Law Rev. Ord., 1939.,] No person to reside in a certain porton of Cheung Chau without the consent of the Governor in Council.* Contravention may be restrained by injunction.

[Originally No. 14 of 1919. Law Rev. Ord., 1939.,] No person to reside in a certain porton of Cheung Chau without the consent of the Governor in Council.* Contravention may be restrained by injunction.

https://oelawhk.lib.hku.hk/items/show/1558

MARINE STORES PROTECTION ORDINANCE, 1919

No. 13 of 1919.

An Ordinance for the more effectual Protection of marine stores.

[18th July,1919.]

1. This Ordinance- may be cited as the Marine Stores Protection
Ordinance,1919.

2. In this Ordinance,

(a) ' Dealer in marine stores ' means any person who keeps a shop for
dealing in, buying or selling marine stores, whether solely or together with
other articles;

(b) ' Marine stores includes coal, anchors, cables, sails, old junk, old
iron, old metal, scrap metal, broken metal or partly manufactured metal
goods, or defaced or old metal goods: or any single one of such articles or
any marine stores or marine store of any description, but does not include
provisions of any kind;

(c) ' Marine stores collector ' means any person who makes
use of any wharf or launch or any junk, lighter, cargo boat or
sampan, or open boat of any description, whether- belonging to
him or not, in connexion with buying any marine stores, either
for his own use or benefit or for the use or benefit of another.
person.

3. No person shall carry on the trade or business of a dealer in marine
stores, or shall be a marine stores collector, unless he is the holder of a
licence for that purpose, and no licence shall be granted to a marine stores
collector except through and on the application of a dealer in marine stores
who shall give security in such. sum as may be fixed by the Governor in
Council by regulation for every marine stores collector to whom a licence is
granted on his application for the performance and observance by such
collector of the conditions of such licence and of the regulations affecting
the same, and of the provisions of this Ordinance,





4. Every such licence shall be granted by and held at the
discretion of the Commissioner of Police, who shall have power
to cancel the same for a breach of this. Ordinance or, of any'
regulation made therdunder, on such conditions as to fees and
subject to such regulations as may be made by the Governor in
Council.

5. Every dealer in marine stores shall keep books fairly
written, and shall enter therein an account of all such marine
,stores as he may from time to time become possessed of, stating
in respect of every article the time at which and the person from
whom he purchased or received the same, adding in the case of
every such last-mentioned person a description of his business
and place of abode.

6.-(1) Every person to whom a licence is granted under
section 4 shall, whenever thereunto required by any police officer
not below the rank of inspector, or by any constable bearing a
written order in that behalf under the hand of a Superintendent
of Police produce for the inspection of the party so requiring him
all or any marine stores in his, possession or subject to his control
and all books and papers relating to the same.

(2). No dealer shall have in his possession any marine stores
except at such premises as are registered by him with the
Commissioner of Police as places for storing his. (the dealer's)
marine stores.

7. No dealer in marine stores and no marine stores collector
shall deal in or buy or sell any provisions of any kind in the
course of his business.

8. No marine stores collector shall buy any marine stores of
a kind in which the dealer through whom he obtained his licence
does not deal.

9. No marine stores collector shall sell any marine stores of
any kind.

10.(1) Every person conveying or having in his possession
or keeping any manner of marine stores who does not give an

As amended by Law Rev. Ord., 1939, Supp. Sched.





account to the satisfaction of the magistrate as to how he came
by the same shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars or to imprisonment
for any term not exceeding three months.

(2) For the purposes of this section, marine stores shall be
deemed to be in the possession or keeping of any person if he
knowingly has them in, the actual possession of himself or of
any other person on any wharf or in any launch or in any junk,
lighter, cargo boat or sampan, or open boat of any description,
or in any street, house, building, lodging, apartment, field or
place, open or inclosed, whether occupied by himself or not and
whether the said stores are so possessed or kept either.for his own,
use or benefit or for 'the use or benefit of another person.

11. It shall not be lawful for any person without permission
in writing from the Harbour Master to dredge in the waters of
the Colony between a line drawn from the westernmost point of
the Island of Hong Kong to the western side of Green Island
and continued to the western point of Stonecutters Island and
frorn thence to the Naval Torpedo Range at Laichikok on the
west and the Lye mun Pass on the.east.

12. Every person who acts in contravention of any of the
provisions contained in sections 3, 5, 6, 7, 8, 9 and 11, or of any
regulation made under section 4, shall upon summary conviction
be liable to a fine not exceeding two hundred and fifty dollars
or to imprisonment for any term not exceeding three months.

11-( 1) The marks described in the Schedule may be applied
in or on stores therein described to denote His Majesty's property
in stores so marked.

(2) Every person who without lawful authority applies any
of the said marks in or on any such stores as are described in the
Schedule shall be guilty of a misdemeanor and shall be liable
to imprisonment for any term not exceeding two years.

14. Every person who with intent to conceal His Majesty's
property in any stores takes out, destroys or obliterates wholly or
in part any such mark as aforesaid shall be guilty of a felony
and shall be liable to imprisonment for. any term not exceeding
four years.





15. Any person to whom any marine stores are offered to be
sold, pawned or delivered, if he has reasonable cause to suspect
that any.. offence under this Ordinance has been committed on
or with respect to such property, is hereby authorized and, if in
his power, is required to apprehend and forthwith to take before
a magistrate the person offering the same, together with such
property, to be dealt with according to law.

16. Any European police officer may stop, search and detain
any launch, junk, lighter, cargo boat or sampan or open boat
of any description in or on which there is reason to suspect that
any marine.stores stolen or unlawfully obtained may be found,
or any person reasonably suspected of having or conveying in
any manner any marine stores stolen or unlawfully obtained.

17. Nothing in this Ordinance shall prevent any person from
being liable to prosecution under any other Ordinance which is
applicable: Provided that no person shall be punished twice
for the same offence.

SCHEDULE [s. 13.]

Marks appropriate, for His Majesty's use in or on naval and
victualling stores.

[Orginally No. 13 of 1919.] No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Licence for dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc.* Prohibition of trafficking in provisions by dealer or collector. Restriction on buying of marine stores by collector.* Prohibitions of sale marine stores by collector. Penalty on person found in possession of marine stores and not accounting for them. Unauthorized person not to sweep or dredge within certain limits. Penalties. Appropriation of marks for His Majest's stores. Schedule. Penalty for unlawful application of same. Penalty for obliterating marks on His Majesty's stores. Power to apprehend suspected offenders. [cf. No. 16 of 1930, s. 23, and No. 41 of 1932, s. 41.] Power to stop and search boats, persons, etc. 38 & 39 Vict. c. 25, s. 6. [cf. 25, s. 6. [cf. No. 37 of 1932, s. 21] Saving of liability under other Ordinance.

[Orginally No. 13 of 1919.] No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Licence for dealing in or collecting marine stores. Conditions of licence. Keeping of books by dealer. Power to inspect goods, books, etc.* Prohibition of trafficking in provisions by dealer or collector. Restriction on buying of marine stores by collector.* Prohibitions of sale marine stores by collector. Penalty on person found in possession of marine stores and not accounting for them. Unauthorized person not to sweep or dredge within certain limits. Penalties. Appropriation of marks for His Majest's stores. Schedule. Penalty for unlawful application of same. Penalty for obliterating marks on His Majesty's stores. Power to apprehend suspected offenders. [cf. No. 16 of 1930, s. 23, and No. 41 of 1932, s. 41.] Power to stop and search boats, persons, etc. 38 & 39 Vict. c. 25, s. 6. [cf. 25, s. 6. [cf. No. 37 of 1932, s. 21] Saving of liability under other Ordinance.

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BRITISH TRADERS INSURANCE COMPANY, LIMITED, (CAPITAL CONVERSION) ORDINANCE, 1919

No. 5 of 1919.

An Ordinaiice to authorize the British Traders Insurance Company,
Limited. to convert its silver capital into gold.

[11th April, 1919.]

1. This Ordinance may be cited as the British Traders Insurance
Company, Limited, (Capital Conversion) Ordinance., 919.

2. In this Ordinance, 'the company ' means the British Traders
Insurance Company, Limited.

3. The company may at any time by special resolution convert into gold
its silver capital as existing at the date of the confirmation of such special
resolution, and such conversion shall take effect upon such special
resolution being confirmed. Any such conversion may be into such form of
gold currency and at such rate of exchange. and upon such terms and
conditions as may be sanctioned by the special resolution effecting the
Conversion.





4. Upon the filing of any such special resolution as is
referred to in section 3, the Registrar of Companies shall issue
a fresh certificate,of incorporation of the company showing the
capital of the company as affected by such conversion. Such
fresh certificate, shall take the place of the original certificate
of incorporation of the company and shall be the certificate of
incorporation of the company.

5. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King His Heirs and
Successors or the rights 'of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, from or under them.

No. 6 of .1919, repealed by No. 8 of 1926.

No. 7 of 1919, incorPotated in No. 7 of 1896,
repealed by No. 21 Of 1934.

No. 8 of 1919, incorporated in NO. 2 Of 1900,
, repealed by No.. 2 Of 1933.

No. 9 of 1919, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 10 of 1919, repealed by No. 8 Of 1930.

No. 11 of 1919, incorporated in No. 25 Of 1914.

No. 12 of 1919, repealed by Law Revision
Ordinance, 1939, Supp. Sched.
[Originally No. 5 of 1919.] Short title. Interpretation. Power to convert silver captial into gold. Issue of fresh certificate of incorporaton. Saving of rights of the Crown and of certain other rights. [1.10.26.] [8.8.30.]

[Originally No. 5 of 1919.] Short title. Interpretation. Power to convert silver captial into gold. Issue of fresh certificate of incorporaton. Saving of rights of the Crown and of certain other rights. [1.10.26.] [8.8.30.]

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UNION INSURANCE SOCIETY OF CANTON, LIMITED, (CAPITAL CONVERSION) ORDINANCE, 1919

No. 13 of 1918, repealed by. No. 30 Of 1923.

No. 14 of 1918, repealed by No. 5 Of 1924.

No. 15 of 1918, incorporated in No. 2 Of 1900,
. repealed by No. 2 Of 1933.

1919.

No. 1 of 1919, repealed by No. 11 Of 1921.
No. 2 of 1919, repealed by No. 4 Of 1926.
No. 3 of 1919, repealed by No. 5 Of 1924.

No. 4 of 1919.

An Ordinance to authorize the Union Inswance Society of
Canton, Limited, to convert its silver capital into gold.

[7th March, igig.]

1. This Ordinance may be cited as the Union Insurance
Society of Canton, Limited, (Capital Conversion) Ordinance,
1919.

2. In this Ordinance, ' the company ' means the Union
Insurance Society of Canton, Limited.

3. The company may at any time by special resolution
convert into gold its silver capital as existing at the date of the
confirmation of such special resolution and such conversion shall
take effect upon such special resolution being confirmed. Any
such conversion may be into such form of gold currency and at such rate of
exchange and upon such terms and conditions as may be sanctioned by the
special resolution effecting the 'conversion.

4. Upon the filing of any such special resolution as is referred to in
section 3, the Registrar of Companies shall issue a fresh certificate of
incorporation of the company showing the capital of the company as
affected by such conversion. Such fresh certificate shall take the place of the
original certificate of incorporation of the company and shall be the
certificate of incorporation of the company.

5. Nothing in this Ordinance shall affect or be deemed to affect the
rights of His Majesty the King His Heirs and Successors or the rights of any
body politic or corporate or of any other person except such as are
mentioned in this Ordinance and those claiming by, from and under them.
[19.3.26.] [Originally No. 4 of 1919.] Short title. Interpretation. Power to convert silver capital into gold. Issue of fresh certificate of incorporation. Saving of rights of the Crown and of certain other rights.

[19.3.26.] [Originally No. 4 of 1919.] Short title. Interpretation. Power to convert silver capital into gold. Issue of fresh certificate of incorporation. Saving of rights of the Crown and of certain other rights.

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COPYRIGHT ORDINANCE, 1918

No. 9 o f 1918, repealed by NO. 23 Of 1919.

No. 10 of 1918, repealed by No. 5 of 1924.

No. 11 of 1918.

An Ordinance to modify and to add to the provisions of the
Copyright Act, 1911, in its application to the Colony of
Hong Kong.
[30th August, 1918.]

1. This Ordinance may be.cited as the Copyright Ordinance,
1918.

2. For the purpose of the application of section 14 of the
Copyright Act, 1911, to the importation into this Colony of
works made out of the Colony

(1) the Superintendent of Imports and 'Exports shall
perform the duties.and may exercise the powers thereby imposed
on or given to the Commissioners of Custerns and Excise of the
United Kingdom;

(2) regulations made by the Superintendent of Imports and
Exports under that section shall require the approval of the
Governor in Council;

(3) regulations made under that section may provide that
notices given to the Commissioners of Customs and Excise of
the United Kingdom, if communicated by them to the Super-
intendent of Imports and Exports, shall be deemed to ' have been
given by the owner of the copyright to the Superintendent of
Imports and Exports;

(4) that section shall have effe ct as if it formed part of the
Importation 'and Exportation Ordinance, 1915

3.-(1 ) Every person who knowingly-

(a) makes for sale or hire any infringing copy of a work in
which copyright subsists; or





(b) sells or lets for hire, or by way of trade exposes or offers
for sale or hire, any infringing copy oiany such work; or

(c) distributes infringing copies of any such *Work either for
the purposes of trade or to such an extent as to affect prejudicially
the owner of a copyright; or

(d) by way of trade exhibits in public any infringing copy
of any such work; or

(e) imports for sale or hire into the Colony any infringing
copy of any such,work,

shall be guilty of an offence under this Ordinance and shall upon
summary conviction be liable to a fine not exceeding twenty
dollars for every copy dealt with in contravention of this section,
but not exceeding five hundred dollars in respect of the same
transaction, or in the case of a second or subsequent offence,
either to such fine or to imprisonment for any term not exceeding
two months.

(2) Every person who knowingly makes or has in his
possession any plate for the purpose of making infringing copies
of any work in which copyright subsists, or knowingly and for
his private profit causes any such work to be performed in
public without the consent of the owner of the copyright, shall
.be guilty of an offence under this Ordinance, and shall, upon
summary conviction be liable to a fine not exceeding five hundred
dollars, or in the case of a second or subsequent offence, either
to such fine or to imprisonment for any term not exceeding two
months.

~ (3) The magistrate before whom any such proceedings are
taken may, whether the alleged offender is convicted or ' not,
order that all copies of the work or all plates in the possession
of the alleged offender, which appear to him to be infringing
copies or. plates for the purpose of making infringing* copies, be
destroyed or delivered up to the owner of the copyright or
otherwise dealt with as the magistrate may think fit.

No. 12 of 1918, repealed by No. 5 Of 1924.
[Originally No. 11 of 1918.] 1 & 2 Geo. 5, c. 46. Short title. Modifications of 1 & 2 Geo. 5, c. 46, s. 14. Ordinance No. 32 of 1915. Penalties for dealing with infringing copies, etc. 1 & 2 Geo. 5, c. 46, s. 11. [s. 3. Contd.]

[Originally No. 11 of 1918.] 1 & 2 Geo. 5, c. 46. Short title. Modifications of 1 & 2 Geo. 5, c. 46, s. 14. Ordinance No. 32 of 1915. Penalties for dealing with infringing copies, etc. 1 & 2 Geo. 5, c. 46, s. 11. [s. 3. Contd.]

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PEAK DISTRICT (RESIDENCE) ORDINANCE, 1918

No. 8 of 1918.

An Ordinance to provide that with certain exceptions no
person shall reside within the Peak DisUrict without the
consent ofthe Governor in Council.

[31st May, 1915.]

1. This Ordinance may be cited as the Peak District
(Residence) Ordinance, 1918.

2. In this Ordinance,. ' Peak District ' means all that area
in the Island of Hong Kong situated above the 788-feet contour
and to the west of a line drawn in a north and south direction
through Middle or Cemetery Gap, including the hills known as
Mount Cameron, Mount Gough, Mount Kellett and Victoria
Peak.





3.-( 1 ) Subject to the provisions of section 4, it shall not
be lawful for any persen whatsoever' to reside within the Peak
District without the consent of the Governor in Council.

(2) Any such consent may be given so as to include the
following persons-
(a) the members of the family. of the person to whom the
consent is given;

(b) persons bond fide employed by such person in or about
his residence; and

(c) bond fide visitors entertained gratuitously by such
person.

(3) Any such consent may be revoked by the Governor in
Council at any time on six nionths' notice in writing.

4. This Ordinance shall not apply to any of the following
persons-

(a) members of His Majesty's regular naval or military
forces stationed within the Peak District ;

(b) members of the Hong Kong Police Force stationed
within the Peak District ;
(c) inmates of hospitals within the Peak District;
(d) visitors at hotels within the Peak District who do not
reside within t he Peak District for a longer period than one
month at any one time and whose total time of residence within
the Peak District does not exceed two months in any continuous
period of twelve months;

(e) public chair and public jinrikisha coolies permitted by
the Commissioner of Police to. ply for hire within the Peak
District; and

contractors and labourers temporarily residing and
actually employed within the Peak District.

5. If it is made to appear to the Supreme Court that anything
has been or is being done by any person in violation or contra-
vention of this Ordinance, it shall be lawful for such court to
restrain such person by injunction from further continuing such
violation or contravention.

As amended 1),v Law Rev. Ord., 1939, Supp. Sched.
[Orginally No 8 of 1918. No. 25 of 1939.] Short title. Interpreatiib. No person to reside within the Peak District without the consent of the Governor in Council. Exemptions. Contravention may be restrained by injunction.

[Orginally No 8 of 1918. No. 25 of 1939.] Short title. Interpreatiib. No person to reside within the Peak District without the consent of the Governor in Council. Exemptions. Contravention may be restrained by injunction.

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INDECENT EXHIBITIONS ORDINANCE, 1918

1918.

No. 1 of 1918. incorpoiated in No. 5 of r888.

No. 2 of 1918, repealed by No. 5 Of' 1924.

No. 3 of 1918.

An Ordinance to prohibit exhibitions, tublications and
advertisements of an indecent, obscene, tevolting or
offensive nature.
[31st May, 1918.]

1. This Ordinance may be cited as the Indecent Exhibitions
Ordinance, 1918.

.2. No person shall, on payment or gratuitously, expose to
public view in or near any public place any written or printed
matter, or any picture, figure or other thing, or any exhibition,
which is of an indecent, obscene, revolting or offensive nature.

3. No person shall publish in any newspaper, or by such
or any other means distribute to the public, any matter which
is of an indecent, obscene, revolting or offensive nature.

4. Every 'advertisement whatsoever relating to syphilis,,
gonorrhoea, nervous debility, or other complaint or infirmity
arising from or relating to sexual intercourse, shall for the
purposes of this Ordinance be deemed to be matter of an indecent
nature: Provided that this section shall not apply to any
advertisement in any bona fide medical newspaper, medical book
or other medical publication.

5. Every person who contravenes any of the provisions of
this Ordinance shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars or to imprisonment
for any term not exceeding three months.





6.-(1) Whenever it appears to a magistrate upon the oath
of any person that there is reason able cause to suspect that any
written or printed matter, or any picture, figure or other thing,
which is of an indecent, obscene, revolting or offensive nature,
is to be found in any building, vessel (not being a ship of war
or a ship having the status of a ship of war) or other place, such
magistrate may by warrant directed to any police officer empower
him, with such assistants as may be necessary, by day or by
night to enter and if necessary to break into or forcibly enter
such building, vessel or other place and to search for and take
possession of any written or printed matter, or any picture,
figure or other thing, which appears to such police officer or
to his assistants to be of an indecent, obscene., revolting or
offensive nature.

(2) Where any written or printed matter or picture which
appears to such police officer or to his assistants to be of an
indecent, obscene, revolting or offensive nature is contained in
any newspaper, book, magazine or pamphlet, it shall be lawful
for such police officer and his assistants to take possession of the
whole of such newspaper, book, magazine or pamphlet.

7.-(1) Any written or printed matter, or picture, figure or
other thing, taken possession of under any warrant issued under
the provisions of section 6 shall forthwith be taken. before a
magistrate to be disposed of according to law,

(2) It shall be lawful for a magistrate to order to be forfeited
any written or printed matter, or any picture, figure or other
thing, which appears to him to be of an indecent, obscene,
revolting or offensive nature.

(3) If any written or printed matter or picture which appears
to a magistrate to be of an indecent, obscene, revolting or
offensive. nature is contained in any newspaper, book, magazine
er pamphlet, any order of forfeiture made under the provisions
of this section may include the forfeiture of the whole of such
newspaper, book, magazine or pamphlet.

(4) Everything which is ordered 'to be forfeited under the
provisions of this section may be disposed of in such manner as
a magistrate shall direct.

(5) If any written or printed matter, or picture, figure or
other thing, which appears to a magistrate to be of an indecent,

obscene, revolting or offensive nature, is affixed to or painted
upon any building, it shall be lawful for such magistlate to order
the owner or occupier of such building to remove or efface such
written or printed matter, or picture, figure or other thing, and
if the person against whom the order is made fails to comply.
with the said order within such time as may be limited by such
magistrate, it shall be lawful for a magistrate by order under
his hand to empower,any police officer, with such assistants as
may be necessary, to enter and if necessary to break into or
forcibly enter such building, and to remove or efface such written
or printed matter, or picture, figure or other thing.
[Orginally No. 3 of 1918. Short title. Objectionable exhibitions. Objectionable publications. Certain advertisements declared indecent. 52 & 53 Vict. C. 18, 3. 5. Penalties. Search warant. Forfeiture

[Orginally No. 3 of 1918. Short title. Objectionable exhibitions. Objectionable publications. Certain advertisements declared indecent. 52 & 53 Vict. C. 18, 3. 5. Penalties. Search warant. Forfeiture

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FIRE AND MARINE INSURANCE COMPANIES DEPOSIT ORDINANCE, 1917

No. 32 of 1917.

An Ordinance to provide for the making of deposits by certain
persons, firms and companies carrying on fire or marine
insurance business.
[28th December, 1917.]

1. This Ordinance may be cited as the Fire and Marine
Insurance Companies Deposit Ordinance, 1917.

2.-(1) This Ordinance shall apply to all persons and bodies
of persons, whether incorporate or unincorporate, whether

* As amended by Law Rev. Ord., 1939, Supp. Sched.
The provision~ of this Ordinance are not. affected by the Companies
Ordinance, 1932 : see No. 39 of 1932, s. 356.





established before or after the commencement of this Ordinance,
and whether established within or without the Colony, who carry
on any fire or marine insurance business.

(2) Such persons and bodies of persons are hereinafter
referred to as insurance companies.

3. For the purposes of this Ordinance, a person or body of
persons shall be deemed to carry on fire or marine insurance
business within the Colony in the following cases-'

(a) if he or it opens or maintains an office or agency within
the Colony for the purpose of any fire or marine insurance
business, 'or within the Colony holds out himself or itself as
prepared to transact any such business;

(b) if either directly or through an agent he or it receives
within the Colony any application for a fire or marine insurance
policy or receives within the Colony any premium ot other
payment in respect of any fire or marine insurance policy,
whether such policy is or is not issued or payable within the
Colony, and whether he or it has or has not an office within the
Colony; or

(c) if he or it undertakes or offers to undertake any fire or
marine risk within the Colony:

Provided that no person or body of persons shall be deemed
to carry on marine insurance business within the Colony - by
reason only of the fact that such person or body of persons acts
as an agent for the purpose of settling claims under contracts
of marine insurance entered into wholly outside the Colony in
respect of goods consigned to the Colony.

4.-(1) No company which has amongst its objects the
carrying on, of fire or marine insurance business or of both fire
and marine insurance business, whether within or without the
Colony, shall hereafter be registered until such deposit or
deposits as would be required under this Ordinance if the com-
pany was actually incorporated, ' and was carrying on fire or marine
insurance business or both fire and marine insurance business,
as the case may be, within the Colony, has been made.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) The deposit or deposits may be made by the subscribers
of the memorandum of association of the company or any of
them in the name of the proposed company and upon the incor-
poration of the company shall be deemed to have been made by
and to be part of the assets of the company.

(3) Every such deposit shall be maintained by the company
whether it carries on any busines's within the Colony or not.

5.(1) Every insurance company which carries on business
within the Colony shall deposit and keep deposited with the
Registrar of Companies the sum of one hundred thousand dollars
or securities to that value.

(2) At least one-half in value of the said deposit shall consist
of securities of the following nature-

(a) fixed deposits in banks approved by the. Governor in
Council;

(b) British, Indian or Colonial Government bonds or stocks;
or

(c) securities authorized by law for the time being in the
United Kingdom for the investment of trust funds.

(3) Every such deposit shall be held by the Registrar of
Companies in trust for the insurance company which has made
the deposit in question.

(4) If an insurance company carries on within the Colony
both fire and marine insurance business, a separate sum of one
hundred thousand dollars, or securities to that value, shall be
deposited under this section in respect.of each class of business.

(5) Subject to the provisions.of this Ordinance, and to any
regulations for the time being in force thereunder, the Governor
in Council shall be the sole judge of the nature of the securities
to be accepted and of the value of any securities deposited or
proposed to be deposited under this Ordinance.

(6) For the purposes of this Ordinance the office of Registrar
of Companies shall have perpetual succession. All moneys and

As amended by No. 14 of 1930 [17.10.30].
As amended by Law Rev. Ord., 1939, Supp. Sched.





securities which are or may be deposited with the Registrar of
Companies. under this Ordinance shall be deemed to be vested
in the Registrar of Companies for the time being, and the person
for the time being performing the duties of the office shall have
power to deal with the legal estate without any further transfer
or conveyance.

6.-(1) Every insurance company which carries on business
within the Colony shall at the expiration of each financial year
prepare and cause to be printed-

(a) a revenue account for the year in Form No. 1 in the
Second Schedule;

(b) a profit and loss account in Form No. 2 in the Second
Schedule; and

(c) a balance sheet in Form No. 3 in the Second Schedule.

(2) Every such account and balance sheet shall, if the
Governor in Council so orders, be audited by an auditor approved
by the Governor in Council.

(3) A copy of every such account and balance sheet shall
be filed with the Registrar of Companies within six months after
the close of the period to which the account or balance sheet
relates,. and every such copy so filed shall be signed by the
following persons-

(a) in all, cases, by the auditor referred to in sub-section

(2);

(b) if the insurance company is a corporate body, by the
secretary or principal officer and two directors of the company,
such directors to include the chairman, and the managing director
if any;

(c) if the insurance company is not a corporate body, by
the three principal officers of die insurance company.

(4) -If any question arises as to whether any particular
persons come within the descriptions referred to in sub-section
(3), it shall be lawful for the Registrar of Companies to direct
by what persons the copies to be filed shall be signed.





(5) With every account and balance sheet so filed there shall
be filed with the Registrar of Companies a copy of every report
on the affairs of the insurance company submitted to the share-
holders or policy holders of the insurance company in respect of
the financial year to which such account or balance sheet relates
and a copy of every report or letter which is referred to in any
auditor's certificate appearing on any account or balance sheet
so filed, and every such copy so filed shall be signed in the same
manner as is provided in the case of accounts and balance sheets
by sub-section (3).

7.-(1) It shall be lawful for the Governor in Council to
make regulations prescribing-

(a) the manner in which and the conditions under which
deposits shall be made, maintained, substituted, transferred,
withdrawn or made available for the liabilities of the insurance
company;

(b) the manner of dealing with deposits generally;

(c) the nature of the securities to be accepted, and the
manner of valuation of securities deposited or proposed to be
deposited

(d) the filing of statements and other documents by insur-
ance companies, the auditing of the accounts of insurance
companies and the actuarial examination of the assets and
liabilities and financial conditions of insurance companies; and

(e) the fees to be payable in respect of acts done or docu-
ments filed or registered under this Ordinance.

(2) The regulations in the First Schedule shall be in force
until rescinded or amended.

8. If any statement or other document required under this
Ordinance is false in any particular to the knowledge of any
person who signs it or who files it or publishes it in any other
manner, that Person shall be guilty of a misdemeanor and shall
be liable upon summary conviction to a fine not exceeding five
hundred dollars.

As amended by Law Rev. Ord., 1939, Supp. Sched.





9. If any audit or actuarial examination is ordered or
prescribed under this Ordinance, and any director, manager,
secretary or other officer or agent of the insurance company fails
to produce to the auditor or examiner on dernand any account
book or other'document relating to the insurance company which
it is in his power to produce or procure,` or obstructs such
audit or examination in any other way, he shall be guilty of a
misdemeanor and shall be liable upon conviction on indictment
to fine and imprisonment or upon summary conviction to a fine
not exceeding five hundred dollars.

10. Every insurance company which makes default in com-
plying with any of the requirements of this Ordinance shall be
liable to a penalty not exceeding one thousand dollars, or in
the case of a continuing default to a penalty not exceeding five
hundred dollars for every day during which the default con-
tinues, and every director, manager or secretary, or other officer
or agent of the insurance company, who is knowingly a party
to the default shall be liable to a like penalty; and, in the case
of an insurance company registered or existing under any
Ordinance relating to the registration of companies, if default
continues for a period of three months after notice of default by
the Registrar of Companies (which notice shall be published in
one or more newspapers as the Registrar of Companies may,
upon the applicaition of one or more policy holders or share-
holders, direct), the default shall be a ground on which the
court may order the winding-up of the insurance company, in
accordance with the Companies Ordinance., 1932.

11-(1) Every insurance company which proves to the
satisfaction of the Registrar of Companies that it is maintaining
a deposit in respect of insurance business under any enactment
in force in the United Kingdom, or in respect of fire or marine
insurance business tinder any enactment in force in any British
possession or protectorate, shall be exempt to the extent of such
deposit from making a deposit under this Ordinance.

(2) For the purposes of this section, one pound sterling, or'
five gold dollars, or ten Straits Settlements dollars, or fifteen

f As amended by Laiv Rev. Ord., 1939, Supp. Sched.





rupees, shall be deerned to be equivalent to ten Hong Kong
dollars.

FIRST SCHEDULE. [s. 7]

REGULATIONS.

Deposit.

1. One-half of the deposit may be in approved leasehold property
in the Colony of Hong Kong or in other approved securities.

2. If the insurance company proposes to make any part of the
deposit in leasehold property or other securities, it shall submit a
list of such leasehold property or securities to the Registrar of Com-
panies for the approval of the Governor in Council.

3. The value of tiny securities other than leasehold property shall
be the market value of the securities on the day on which they were
submitted to the Registrar of Companies, and the Governor in Council
shall be the sole judge of what the market value was in any particular
case.

4. Any part of the deposit which consists of leasehold property
shall take the form of a legal mortgage to the Registrar of Companies.

5. If any part of the deposit consists of securities other than
leasehold property, such document or documents shall be executed by
or on behalf of the insurance company as will either transfer the legal
ownership to the Registrar of Companies or as will enable him to
complete such transference without any further concurrence on the
part of any other person.

6. If at any time the Registrar of Companies is of opinion that
any leasehold property, or other securities have fallen below the value
at which they were accepted, he shall call upon the insurance company
to make a further deposit in order.to make up the deficiency.

17. If the insurance company is dissatisfied with any such requisi-
tion, it may appeal to the Governor in Council who shall thereupon





determine whether any further deposit is necessary, and if so to what
amount.

8. Subject to the provisions of section 6 (1) of the Fire and
Marine Insurance Companies Deposit Ordinance, 1917, an insurance.
company shall be entitled at any time to substitute approved securities
for any part of its existing deposit, and the provisions of these regula-
tions with regard to the original deposit shall apply mutatis mutandis
to any such substituted deposit.

9. If the. deposit is partly in the form of leasehold property, such
property shall be insured in the name of the Registrar of Companies,
against the risk of loss by fire and typhoon, in such office or offices as
the Registrar of Companies may direct, for the 'full insurable value
thereof. Such property shall not be insured or re-insured with the
insurance company making the deposit.

Fees.

1. All fees prescribed by these regulations shall be paid to the
Registrar of Companies by means of adhesive stamps.

2. There shall be payable on the filing 'of every document with
the Registrar of Companies a fee of three dollars.

3. There shall be payable in respect of any deposit or substituted
deposit which takes the form of leasehold property or other securities
a fee of ten cents for every hundred dollars of accepted value.

4. There shall be payable for each certificate issued by the
Registrar of Companies a fee of five dollars.

5. There shall be payable for each copy signed by the Registrar
of Companies as being a true copy of a document filed with him a fee
of fo rty cents per folio of seventy-two words.

6. There shall be payable for each search relating to an insurance
company a fee of one dollar.





SECOND SCHEDULE.

FORM NO. 1. [s. 6(a).]

Revenue account of the for the year ending ,19
in. respect of fire (and/or marine) insurance business.


Note I-Items in this account to be the net amounts after deduction of the
amounts paid in respect of reinsurances of the insurance com-
pany's risks.

Note 2.-If any sum has been deducted from the expenses of management
account and taken credit for in the balance sheet as an asset, the
sum so deducted to be separately shown in the above account,





FORm No. 2. [s.6 (1) (b)]

Profit and loss account of the for the year ending 19





FORM No. 3. [s. 6 (1)(c).]

Balance sheet of the on the 19


These items are included in the corresponding items in Form No. 1.
Note 1-A balance sheet in the above form must,be rendered in respect of
each separate fund for which separate investments are made.
Note 2-The balance sheet must state how the values of the securities are
arrived at, and a certificate must be appended signed by the same
persons as sign the balance sheet, to the effect that in their belief
the assets set forth in the balance sheet are in the aggregate fully
of the value stated therein, less any investment reserve fund
taken into account.
Note 3-If the insurance company carries on both fire and marine insurance
business and does not keep its fire and marine insurance funds
distinct, separate figures need not be given for the two classes of
funds or claims.
[Originally No. 32 of 1917. No. 14 of 1930. Law Rev. Ord., 1939.] Short title. Application of Ordinance. 9 Edw. 7, c. 49, s.1. Meaning of carrying on business within the Colony. New companies. 9 Edw. 7, c. 49, s. 2(3). Deposits. 9 Edw. 7, c. 49, s. 2. Accounts and balance sheets to be prepared and filed. Second Schedule. Form Nos. 1, 2, 3. Regulations. [cf. No. 39 of 1932., s. 130.] First Schedule. False statements and documents. 9 Edw. 7, c. 49, s. 24. Obstructing audit or examination. Penalties for non-compliance with Ordinance. 9 Edw. 7, c. 49, s. 23. Ordinacne No. 39 of 1932. Exemptions. [First Schedule contd.] [Second Schedule contd.] [Second Schedule contd.]

[Originally No. 32 of 1917. No. 14 of 1930. Law Rev. Ord., 1939.] Short title. Application of Ordinance. 9 Edw. 7, c. 49, s.1. Meaning of carrying on business within the Colony. New companies. 9 Edw. 7, c. 49, s. 2(3). Deposits. 9 Edw. 7, c. 49, s. 2. Accounts and balance sheets to be prepared and filed. Second Schedule. Form Nos. 1, 2, 3. Regulations. [cf. No. 39 of 1932., s. 130.] First Schedule. False statements and documents. 9 Edw. 7, c. 49, s. 24. Obstructing audit or examination. Penalties for non-compliance with Ordinance. 9 Edw. 7, c. 49, s. 23. Ordinacne No. 39 of 1932. Exemptions. [First Schedule contd.] [Second Schedule contd.] [Second Schedule contd.]

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CONTRACTS (WAR RESTRICTIONS) ORDINANCE, 1917

No. 31 of 1917.

*AnOrdinance to make provision with regard to the effect 0
certain contracts of certain requirements, regulations and
restrictions rendered necessary by war.

[28th December 1917.]

1. This Ordinance may be cited as the Contracts (War
Restrictions) Ordinance, 1917.

2. It is hereby declared that where the fulfilment by any
person of any contract to be performed within the Colony is
interfered with by the necessity on the part of himself or any
other person of complying with any requirement, regulation or
restriction of the Admiralty, the Army Council '. a Minister of
Munitions, a Food Controller or any other department or
minister of the Imperial Government, under any Act relating to
Imperial or colonial defence, or any regulation made thereunder,
or with any regulation under any Order of His Majesty in
Council for the security in time of emergency qf any part of
His Majesty's dominions, that necessity is a good defence to
any action or proceedings within the Colony against that person
in respect of the non-fulfilment of the contract so far as it is due
to that interference.
[Originally No. 31 of 1917. Law Rev. Ord., 1939.] Short title. Declaration as to the effect on certain contracts of certain restrictions due to war. 5 & 6 Geo. 5, c. 8. 5 & 6 Geo. 5, c. 37.

[Originally No. 31 of 1917. Law Rev. Ord., 1939.] Short title. Declaration as to the effect on certain contracts of certain restrictions due to war. 5 & 6 Geo. 5, c. 8. 5 & 6 Geo. 5, c. 37.

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FERRIES ORDINANCE, 1917

No. 24 of 1917, incorporated in No. 9 of 1911,
repealed by No. 36 of 1931.

No. 25 of 1917, repealed by No. 39 Of 1935.

No. 26 of 1917, repealed by No. 5 Of 1924.

No. 27 of 1917, repealed by No.. 30 Of 1,923.

No. 28 of 1917.

*An Ordinance to regulate ferries and ferry piers.

[30th November, 1917.]

1. This Ordinance may be cited as the Ferries Ordinance,
1917.

2.-(1) In this Ordinance,

(a) .' Ferry ' means any service, conducted by means of a
vessel or vessels propelled by any means except oars and sails,
for the conveyance of persons or of persons and things by water
for payment or reward, between two or more points within the
Colony, whether such service is also to any point or points
without the Colony or not and whether the points between which
the service is provided are varied from tline to time or not, but
does not include the hiring of any vessel to one person for a
single journey and does not include the hiring of any vessel to
a single pleasure party;
(b) ' Ferry vessel '.' means any vessel which is employed
for the purpose of a ferry ;. .

(c) ' Illegal ferry ' means a ferry which is maintained in
contravention of section 3 :
(d) ' Ferry pier ' means any pier which is usei for the
purposes of a ferry.

As amended by No. 52 of 1935 [6.l2.35.]
A, mended by No. 52 of 1935 [6.12.35] and Law Rev. Ord., 1939.
. Supp. Sched.





(2) Every person who has at any time been entitled to any
share in the profits of an illegal ferry shall be deemed. to have
maintained such ferry during the period in respect of which he
was so entitled, and every owner of a ferry vessel, or if the
vessel is unddr charter, every charterer of the said vessel, shall
be presumed to have been entitled to a share in the profits of
the ferry until he proves affirmatively that he was not entitled
to any such share or that such vessel was employed as a ferry
vessel without his consent or connivance.

(3) Nothing in sub-section (2) shall be construed as
relieving from liability any person who, without being himself
entitled to any share in the profits of the ferry, maintains any
illegal ferry or counsels, procures, aids or abets the maintaining
,of any illegal ferry.

3.-(1) No -person shall without a licence under this Ordin-
ance maintain a ferry in any area to which this section is by any
regulation made under. this Ordinance declared to apply.

(2) Any such regulation may provide that such declaration
shall not have the effect of prohibiting the maintenance of a
ferry between any single point or any particular points within
the area declared and some point or points outside that area.

4. The issue of any licence under this Ordinance shall be
subject to the absolute discretion of the Governor in Council.

5. It shall be lawful for the Governor in Council to make
regulations for any of the following purposes-

(1) for licensing and regulating ferries and ferry vessels;

(2) for defining.the conditions of any licence to be issued
under this Ordinance;

(3) for prescribing the fees, rent or premium to be paid in
respect of any licence to be issued under this Ordinance;

(4) for declaring the areas to Which section 3 is to apply

(5) for excluding from the operation of this Ordinance any
specified ferry or any ferry plying to or from any specified point
or points within or without the Colony;

As amended by No. 52 of 1935 [6.12.35] and Law Rev. Ord., 1939,
Supp. Sched.





(6) for granting exclusive rights of maintaining ferries;

(7) for regulating ferry piers; and

(8) generally for the purpose of carrying into effect the
provisions of this Ordinance.

6. Every person who contravenes any of the provisions of this
Ordinance or of any regulation made thereunder, or of any condition
of any licence issued thereunder, shall be deemed to be guilty of an
offence against this Ordinance.

7. Every person who is guilty of an offence against this
Ordinance shall upon summary conviction be liable to a fine not
exceeding one thousand dollars.

8. Any police officer may seize any vessel which he may
reasonably suspect is being used to commit any offence against this
Ordinance and any vessel so seized may be detained by the
Commissioner of Police until the conclusion of any proceedings taken
under this Ordinance and until the payment of any fine which may be
imposed in such proceedings: Provided that the Commissioner of P
olice may-release any such vessel so seized upon security to his
satisfaction being provided for the payment of any fine which may be
imposed in such proceedings.

. 9. This Ordinance shall not apply to any ferry maintained by the
Star Ferry Company, Limited, between the pier situate opposite to Ice
House Street, Victoria, and the pier situate at Kowloon Point and
known as to its western portion as the Star Ferry Pier and As to its
eastern portion as the Railway Pier, nor shall it affect any rights
conferred on the said company by the terms of the lease to the said
company of the said pier situate opposite to Ice House Street
aforesaid.

No. 29 of 1917, incorporated in No. 2 Of 1862,
.repealed. by No. 21 Of 1932.

No. 30 of 1917, incorporated in No. 32 Of 1915.
[13.9.35.] [Originally No. 28 of 1917. No. 18 of 1929. No. 52 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

[13.9.35.] [Originally No. 28 of 1917. No. 18 of 1929. No. 52 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

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BOARDING-HOUSE ORDINANCE, 1917

.No. 23 of 1917.

. An Ordinance to Provide for the licensing and control of places
where persons are lodged foT hire.

[12th October, 1917.]


1. This Ordinance may be cited as the Boarding-house
OrdinanIce, 1917.

2.-(1) In this Ordinance, 'boarding-house' shall include
every place. where any person is harboured or lodged for any
kind of hire or reward and where any domestic service whatsoever
is rendered by the owner, lessee, principal tenant, occupier or
master to the person so harboured or lodged : Provided that
the term shall not include any boarding-house for non-Chinese
seamen within the meaning of the Merchant Shipping Ordinance,
1899.

(2) In particular, and without prejudice to sub-section (1)
and notwithstanding anything therein contained, ' boarding-
house' in this Ordinance shall include the-following-

(a) hotels;
(b) board-houses
(c) common lodging-houses or Ku Li Kun ( )
(d) places where employers,lodge their employees, of,either
sex and of whatever occupation ; and

(e) the premises of societies within the meaning of the
Societies Ordinance, 1920, Where persons pass the night.

3.-(1) It shall be lawful for the Governor in Council to
make rules for the following purposes-
(a) the classification and definition of different kinds of
boarding-houses;

See. No. 12 of 1923 [Vaccination], s. 8,
As amended by No. 9 of 1935 [1.l.36] and Law Rev. Ord., 1939. Supp. Sched.





(b) the registration and licensing of boarding-houses;
(c) the suspension and cancellation of such licences;
(d) the fixing of fees to be paid in respect of such licences;
(e) the management and control of boarding-houses;
(f) the authorization. of persons to make searches for the
purposes of this Ordinance; and
(g) generally for the purpose of carrying into effect the
provisions of this Ordinance.

(2) Any such rules may refer only to some particular class
of boarding-house.

4. No person shall open or keep any place as a boarding
house except under and in accordance with a licence issued under
this Ordinance.

5.-(1) The Secretary for Chinese Affairs. or the Commis-
sioner of Police or the Harbour Master or the Chairman of the
Urban Council, or any person authorized thereto in writing by
any of the said officers or authorized thereto by any rule made
under this Ordinance, may at any hour search any place which
either.is a boarding-house licensed under rules made under this
Ordinance or is suspected of being such a boarding-house as
should bd licensed under rules made under this Ordinance.

(2) Such officer br person may-
(a) break open any outer or inner door of any such place;

(b) forcibly enter any such place and every part thereof;
(c) remove by force any personal or material obstruction to
any such search;

(d) detain every person found in any such place until such
place has been searched,.

(e) seize, remove and detain anything with respect to which
any offence against any rule made under this Ordinance may
,appear to have been committed or which may appear to be or to
contain evidence of any such offence ;

(f) search the person and property of any person found in
any such place: Provided that no female person shall be.

As amended by Law Rev. Ord., 1939, Supp. Sched.





searched except by a fernale, and provided that no person shall
be searched in a public place if-he objects to be so starched.

(3) No pers6n shall obstruct. any such search.

6. Upon the failure of any condition otany bond prescribed
by any rule made under this Ordinance, the sum secured by the
bond shall be deemed to be a debt due to the Crown and may be
recovered in the same 'manner as Crown rents are recovered upon
a certificate purporting to be under the hand of the Colonial
Treasurer.

7. Every person who contravenes any of the provisions of
this Ordinance or of anv rule made thereunder shall upon
summary conviction be liable to the following. penalties-

(a) for a first offence, to a fine not exceeding one thousand
dollars or to imprisonment for any term not exceeding six
months;

(b) for a second or subsequent offence, to a fine not exceed-
ing two thousand dollars or to imprisonment for any term not
exceeding twelve months.

8.-(1) Wherever any licensee would.be liable under this
Ordinance to any pecuniary penalty or forfeiture for anything
done or omitted Af such thing were done or omitted by him
personally, he shall be liable to the same pecuniary penalty or
forfeiture if such thing has in fact been done or omitted by his
partner, agent or servant.

(2) Every person who appears to be employed in or about
any boarding-house licensed under this Ordinance shall, for the
purposes of this section, be deemed to be a servant of the
licensee.

(3) Nothing in this section shall be construed as relieving
any such partner, agent or servant from any penalty or forfeiture
to which he would otherwise be liable.

9. Nothing in this Ordinance shall limit the operation of any
other enactment relating to boarding-houses.

As amended by No. 36 of 1931 [1.1.32] arrd Law Rev. Ord., 1939,
Supp. Sched.
As amended by Law Rev. Ord., 1939, Supp. Sched.,
[Orginally No. 23 of 1917. No. 18 of 1929. No. 36 of 1931. No. 7 of 1935. No. 9 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.]* Short title. Interpretaton. Ordinance No. 10 of 1899 Ordinance No. 8 of 1920. Rules. Prohibition of keeping boarding-house without licence. Search. Frofeiture of bond. [cf. No. 6 of 1865.] Penalties. Responsibility for acts of partners, agents and servants. Savings.*

[Orginally No. 23 of 1917. No. 18 of 1929. No. 36 of 1931. No. 7 of 1935. No. 9 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.]* Short title. Interpretaton. Ordinance No. 10 of 1899 Ordinance No. 8 of 1920. Rules. Prohibition of keeping boarding-house without licence. Search. Frofeiture of bond. [cf. No. 6 of 1865.] Penalties. Responsibility for acts of partners, agents and servants. Savings.*

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LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE, 1917

No. 22 of 1917.

An Ordinance 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, 1917.

2. For the purposes of this Ordinance,

(a) ' British subject ' includes a corporation incorporated in His
Majesty's dominions;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) ' Enemy ' means any persons or body of persons of
whatever 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

(c) 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;

(d) ' Outbreak of war ' shall, as respects any enemy, be
construed as referring ro 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;

(e) ' War ' means any war after the 'commencement of this
Ordinance between His Majesty and 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 case is a case
to which this section applies, and the court may, 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 proceed-
ings 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.

* As amended by Law Rev. Ord., 1939, Supp. Sched.





(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 to 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 declaration
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 on 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.
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.

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.

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PUBLIC SERVANTS LIABILITIES ORDINANCE, 1917

No. 10 of 1917.

An Ordinwice to pIrotect certain Public senants from legal
P7oceedings in 7espect of certain liabilities.

[30th March, 1(17.1]

1. This Ordinance may be cited as the Public Servants
Liabilities Ordinance,' 1917.

2. In this Ordinance,

(a) 'Action' includes legal proceedings and process of
every description other than criminal and includes proceedings
in bankruptcy;

1 (b) ---Public servant ' ineans any person holding any
permanent appointment the emoluments of which are wholly
or in part directly derived from the revenues of the Colony.

3.--(1) No action shall be maintained against a public
servant-

(a) upon any promise express or implied to repay money
paid or advanced to him or to another person at his request;

(b) upon any promise express or implied to be answerable
for the debt or default of another person; or

(c) upon any bond, bill of exchange, promissory note or
other like instrument made, drawn, accepted, indorsed or given
by him.

(2) This section shall not apply to any public servant
whose substantive pay, at the date when the liability sought
to be enforced is contracted, exceeds two hundred dollars a
month, exclusive of any, allowances.

(3) Nothing in thlis section shal) allect the right of the
holder of any security to realize the same by sale or fore-
closure.

4. All proceedings and documents in or incidental to an
action in contravention of this Ordinance shall be absolutely
null and void for all purposes, whether the Ordinance bp raised
as a defence or not.

As amended by Law Rev. Ord., 1939, Supp. Sched,
[Originally No. 10 of 1917. Law Reg. Ord., 1939.] Short title. Interpretation. Actions not to lie against public servants in certain cases. Proceedings in contravention of this Ordinance to be void.

[Originally No. 10 of 1917. Law Reg. Ord., 1939.] Short title. Interpretation. Actions not to lie against public servants in certain cases. Proceedings in contravention of this Ordinance to be void.

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REVENUE OFFICERS POWER OF ARREST ORDINANCE, 1917

No. 6 of 1916, repealed by No. 3 Of 1934.

No. 7 of 1916, repealed by No. 5 Of 1924.

No. 8 of 1916, incotporated in No. 25 Of 1914.

No. 9 of 1916, repealed by No. 8 of 1937.

No. 10 of 1916, repealed by No. 39 Of 1931.

No. 11 of 1916, repealed by No. 2 Of 1917.

No. 12 of 1916, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 13 of 1916, inco7Porated in No. 5 of 1901,
repealed by No. 18 Of 1934.

No. 14 and 15 of 1916, repealed by No. 5 of 1924.

1917.

No. 1 of 1917, incoTporated in No. 12 Of 1916.

No. 2 of 19 17.

An Ordinance to consolidate and amend the law relating to the
. poweis of arrest possessed by revenue officers.

[16th March, 1917.]

1. This Ordinance may be cited as the Revenue Officers
Power of Arrest Ordinance, 1917.





2. In this Ordinance, ' revenue officer ' includes every
person appointed to act as a revenue officer under the provisions
of any enactment specified in the First Schedule.

3.-(1) Any revenue officer may arrest without'. warrant any
person found or reasonably suspected of committing or attempt-
ing to commit, or employing, aiding or assisting any person to
commit any offence against, or of the unlawful possession of any
article liable to forfeiture under, the provisions of any enactment
speffied in the Second Schedule, and shall forthwith take any
person so arrested to a police station, or first to the office of
the Superintendent. of Imports and Exports for directions and-
then to a police station, to be brought before a magistrate and
dealt with according to law.

(2) The powers conferred by this Ordinance shall be in
addition to those conferred by any other enactment.

4.. Itshall be lawful for the Governor in Council to amend
the Schedules to this Ordinance in any manner whatsoever.

5. Every person who, not being a revenue officer, takes or
assumes the name, designation or character of such officer for
the purpose of thereby obtaining admission into any house or
other place, or of doing or procuring to be done any act which
he would not 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 the
offence, be liable on summary. conviction to a fine not exceeding
two hundred and fifty dollars and to imprisonment for any term
not exceeding six months.

FIRST SCHEDULE. [s. 2.]
No. of
Ordinance. Short title.
36 of 1931. Dutiable Commodities Ordinance, 1931.
7 of 1932.Opium Ordinance, 1932.

As amended by Ordinances Nos. 32 of 1930 [12.12.30], 36 of1931
[1.1.32], 39 of 1931 [18.12.31] and Law Rev. Ord., 1939, Supp. Sched.
As amended by Law Rev. Ord., 1939, Supp. Sched.





SECOND SCHEDULE. [s. 3 (1).]

No. of
Ordinance. Short title.
1 of 1873. Dangerous Goods Ordinance, 1873.
11 of 1886. Ships (,Prohibition of Sale of Liquor) Ordinance, 1886.
2 of 1891. Gambling Ordinance, 1891.
11 of 1912. Foreign Copper Coin Ordinance, 1912.
15 of 1913. Foreign Silver and Nickel Coin Ordinance, 1913.
32 of 1915. Importation and Exportation Ordinance, 1915.
7 of 1926. Post Office Ordinance, 1926.
86 of 1931. Dutiable Commodities Ordinance, 1931.
7 of 1932. Opium Ordinance, 1932.

2 of 1933. Arms and Ammunition Ordinance, 19133.
8 of 1937. Pharmacy and Poisons Ordinance, M7.

No. 3 of 1917, incorporated in No. 31 Of 1911.

No. 4 of 1917, repealed by No. 12 Of 1918.

. Nos. 5 and 6 of 1917, repealed by No. 11 of 1937.

No. 7 of 1917, repealed by No. 5 of 1924.

No. 8 of 1917, incorporated in No. 9 of, 1916,
repealed by No. 8 of 1937.

No. 9 of 1917, incorporated in No. 6 of .1901

As amended by Ordinances Nos. 32 of 1930 [12.12.301, 36 of1931
[1.1.32],, 30 of 1931 [18.12.31], 8 of 1937 [1.1.38] and Law Rev.
Ord.. 1939, Supp. Sched..
[1.6.34.] [1.1.38.] [18.12.31.] [Originally No. 2 of 1917. No. 32 of 1930. No. 36 of 1931. No. 39 of 1931. No. 8 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation [cf.No. 32 of 1935, s. 29.] First Schedule. Oower of arrest.* Second Schedule. Power to amend Schedules. Unlawful assumption of character of revenue officer. 53 & 54 Vict. C. 21, s. 12.* [30.7.37.]

[1.6.34.] [1.1.38.] [18.12.31.] [Originally No. 2 of 1917. No. 32 of 1930. No. 36 of 1931. No. 39 of 1931. No. 8 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation [cf.No. 32 of 1935, s. 29.] First Schedule. Oower of arrest.* Second Schedule. Power to amend Schedules. Unlawful assumption of character of revenue officer. 53 & 54 Vict. C. 21, s. 12.* [30.7.37.]

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MARRIAGE OF BRITISH SUBJECTS (FACILITIES) ORDINANCE, 1916

No. 5 of 1916.

An Ordinance to facilitate marriages between British subjects
resident in this Colony and British subjects resident in the
United Kingdom.
[28th April, 1916.]

1. This Ordinance may be cited as the Marriage of British
Subjects (Facilities) Ordinance, 1916.

2. Where a marriage is intended to be solemnized or con-
tracted 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 formarriage issued by a Registrar,
and a certificate of proclamation 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 of Marriages in
this Colony.

3. Where a marriage is intended to be solemnized or con-
tracted 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 manner as if the marriage were
to be solemnized or contracted in circumstances requiring a
certificate of receipt of notice of marriage and as if both. such
British subjects were resident in this Colony.

* As amended by Law Rev. Ord., 1939, Supp, Sched,
[Originally No. 5 of 1916. Law Rev. Ord., 1939.] [cf. 5 & 6 Geo. 5, c.40.] Short title. Recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages between British subjects intended to be solemnized in this Colony.* Giving of notice in this Colony ion respect of marriage to be solemnized in the United Kingdom between a British subject resident in this Colony and a British subject resident in the United Kingdom.

[Originally No. 5 of 1916. Law Rev. Ord., 1939.] [cf. 5 & 6 Geo. 5, c.40.] Short title. Recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages between British subjects intended to be solemnized in this Colony.* Giving of notice in this Colony ion respect of marriage to be solemnized in the United Kingdom between a British subject resident in this Colony and a British subject resident in the United Kingdom.

https://oelawhk.lib.hku.hk/items/show/1544

PUNISHMENT OF INCEST ORDINANCE, 1916

1916~

No. 1 of 1916, repealed by No. 8 Of -1920.

No. 2 of 1916, incorporated in No. 8 Of 1934.

No. 3 of 19 16.

An Ordinance to Provide for the Punishment of incest.

[28th April, 1916.]

1. This Ordinance may be cited as the Punishment of Incest
Ordinance, 1916.

2.-(1) Every male person who has carnal knowledge of a
female person, who is to his knowledge his granddaughter,
daughter, sister or mother, shall be guilty of a,misdemeanor,
and upon conviction thereof shall be liable to imprisonment for
any term not exceeding seven years: Provided that if.,-. on an
indictment for any such offence, it is alleged in the indictment
and proved that the female person is under the age of thirteen
years, the.same punishment may be imposed as may be-imposed
under section 6 of the Protection of Women and Girls Ordinance,
1897.

(2) It is immaterial that the carnal knowledge was had with
the consent of the female person.

(3). Every male person who attempts to commit any such
offence as aforesaid shall be guilty of a misdemeanor and upon
conviction -thereof shall be liable to imprisonment for any ;erm
not exceeding two years.

See also No. 14 of 1906 [Criminal Evidence], s. 5 (1) and Schedule.
As amended by Law Rev. Ord., 1939, Supp. Sched.





(4) On the conviction before any court of any male person
of an offence under this section, or of an attempt to commit the
same, against any female under twenty-one years of age, it shall
be in the power of the court to divest the offender of all authority
over such female, and if the offender is the guardian of such.
female., to remove the offender from such guardianship, and in
any such case to appoint any person or persons to be the
guardian or guardians of such female during her minority or
any less period:

Provided that the Supreme Court may at any, time vary or
rescind the order by the appointment of any other person as
such guardian, or in any other respect.

3. Every fernale person of or above the age of sixteen years
who with consent permits her grandfathe'r, father, brother or
son to have carnal knowledge of her (knowing him to be her
grandfather, father, brother or son, as the case may be) shall be
guilty of a misdemeanor and upon conviction thereof shall be
liable to imprisonment for any term not exceeding seven years.

4. In this Ordinance, ' brother ' and ' sister ' respectively
include half-brother add half-sister, and the provisions of this
Ordinance shall apply whether the relationship between the
person charged with an offence under this Ordinance and the
person with whom the offence is alleged to have been committed
is or is not traced through lawful wedlock.

5.-(1) If on the trial of any indictment for rapq the jury
are satisfied that the defendant is guilty of an offence under this
Ordinance but are not satisfied that the defendant is guilty of
rape, the jury may acquit the defendant of rape and find him
guilty of an offence undet. this Ordinance, and he shall be liable
to bi punished accordingly.

(2) If on the trial of any indictment for an offence under
this Ordinance the jury are satisfied that the defendant is guilty
of any offence under section 5, 6 or io of the Protection of
Worilen and Girls Ordinance,' 1897, but are not satisfied that
the defendant is guilty of an offence under this Ordinance, the
jury may acquit the difendant of an offence under this Ordinance
and'find him guilty of an offence under section 5, 6 or io, as the

case may be, of the Protection of Women and Girls Ordinance,
1897, and he shall be liable to be punished accordingly.

6. No prosecution for any offence under this Ordinance shall
be commenced without the sanction of the Attorney General.

[Originally No. 3 of 1916. Law Rev. Ord., 1939.] Short title. Incest by males. 8 Edw. 7, c. 45, s.1. [cf. No. 1 of 1932, s. 17.] ordinance No. 4 of 1897. Incest by females of or over sixteen 8 Edw. 7, c. 45, s. 2. Test of relationship. 8 Edw. 7, c. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. [Originally No. 5 of 1916. Law Rev. Ord., 1939.] [cf. 5 & 6 Geo. 5, c.40.] Short title. Recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages between British subjects intended to be solemnized in this Colony.* Giving of notice in this Colony ion respect of marriage to be solemnized in the United Kingdom between a British subject resident in this Colony and a British subject resident in the United Kingdom.

[Originally No. 3 of 1916. Law Rev. Ord., 1939.] Short title. Incest by males. 8 Edw. 7, c. 45, s.1. [cf. No. 1 of 1932, s. 17.] ordinance No. 4 of 1897. Incest by females of or over sixteen 8 Edw. 7, c. 45, s. 2. Test of relationship. 8 Edw. 7, c. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. [Originally No. 5 of 1916. Law Rev. Ord., 1939.] [cf. 5 & 6 Geo. 5, c.40.] Short title. Recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages between British subjects intended to be solemnized in this Colony.* Giving of notice in this Colony ion respect of marriage to be solemnized in the United Kingdom between a British subject resident in this Colony and a British subject resident in the United Kingdom.

https://oelawhk.lib.hku.hk/items/show/1543

BRITISH NATIONALITY AND STATUS OF ALIENS (FEES) ORDINANCE, 1915

No. 33 of 1915.

*An Ordinance lo Provide for the fees to be Paid in this Colony
in respect of various things and matters to be granted or
done under the provisions of the Brilish Nationality and
Stalus of Aliens Acts, 1914 to 1933.

[31st December, 1915.]

1. This Ordinance may be cited as the British Nationality
and Status of Aliens (Fees) Ordinance, 1915.

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

3. It shall be lawful for the Governor in Council to amend
.or add to the Schedule in any manner whatsoever.

As amended' by Law Rev. Ord., 1939, Supp. Sched.





SCHEDULE.

Table of fees.



Of the fee of $160 payable in respect of the'grant of a certificate
of naturalization, $40 shall- be payable on the submission of the
application for.a certificate, and shall in no circumstances be returned;
and the remaining $120 shall be payable on the receipt of the decision
to grant a certificate.

No. 34 of 1915, incorporated in No. 10 Of 1902.

No. 35 of 1915, repealed by No. 15 of 1917.

As amended. by G.N. 273 of 1934 [13.4.343, G.N. 42 of 1935 [18.1.35] and
Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 33 of 1915. Law Rev. Ord., 1939.] 4 & 5 Geo.5, c. 17. 8 & 9 Geo. 5, c. 38. 12 & 13 Geo. 5, c.44. 23 & 24 Geo. 5, c. 49. Short title. Schedule of fees. Schedule may be amended by Governor in Council.

[Originally No. 33 of 1915. Law Rev. Ord., 1939.] 4 & 5 Geo.5, c. 17. 8 & 9 Geo. 5, c. 38. 12 & 13 Geo. 5, c.44. 23 & 24 Geo. 5, c. 49. Short title. Schedule of fees. Schedule may be amended by Governor in Council.

https://oelawhk.lib.hku.hk/items/show/1542

IMPORTATION AND EXPORTATION ORDINANCE, 1915

No. 32 of 1915.

An0,rdinance to amend the. law relatling to importation and
exportation.
[17th December, 1915.]

1. This Ordinance may be cited as the Importation and
Exportation Ordinance, 1915.

2. In this Ordinance,

(a) To attempt to export ' means to do any act prepara-
tory to or for the purpose of exportation : Provided that an
application for an export perinit under this Ordinance shall not
be deemed to be an attempt to export if such. applicatioft is in
all respects in accordance with the Provisions of this. Of'dinance
and 'of all orders of-the Governoor,in Council made thereunder.


(b) ' Export means to take or cause to be taken out of the
Colony by land, air or water, and includes the export of anything
.taken Pr sent from any country and brought. into-the Colony by
land, air or water (wheth er or not landed or transhipped.'.in the'
Colony) for the sole purpose of being carried to,another country
either by the same or another conveyance;

(c) ' Import means to bring or cause to be brough t into
the Colony by land, air or water;

(d) ' Person ', except so far as relates to the imposition of.
the penalty of imprisonment, includes a body corporate, a firm
and Any other association of persons or organization ;

.(e) ' Ship ' includes every description of vessel used in
navigation or for the carriage of goods.

3. It shall be lawful for the Governor in Council by order
to exercise all or any of the following powers-

(a) to prohibit the importation of any article,'either generally
or from a particular country or place;

Revenue officers may arrest without warrant in respect of offences against
the provisions of this Ordinance : see. No. 2 of 1917.
Section 14 of the Copyright Act, 1914, has effect as if it formed part
of this Ordinance : see No. 11 of 1918, s. 2 (4).
As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) to prohibit the importation of any article from a
particular person,or class of persons;

(c) to prohibit the importation of any article except under
,an import permit or import licence and to provide for the issuing
of such permits and licences;

(d) to prescribe any conditions to be observed, before or
after the issue of an import permit or import licence, by any
persons interested in any way whatsoever in the articles to which
such permit or licence or the application therefor may relate, or
who may be interested in any way whatsoever in the carriage of
such articles or in the documents relating to such articles;

(e) to impose upon the owners, charterers and agents of
ships and aircraft, and upon the masters of ships and the persons
in charge of aircraft, such obligations with regard to manifests,
bills of lading, air consignment notes and otherwise as the
Governor in Council may deem necessary for the purpose of
carrying this Ordinance into effect and for the purpose of
securing compliance generally, with its provisions;

to prescribe any other restrictions whatsoever on the.
im portation of any article ; and

(g) to prescribe any other conditions whatsoever to be
observed in connexion with the importation of any article:

4. It shall be lawful for the G overnor in Council by, order
to exercise all. or any of the following powers-

(a) to prohibit the exportation of any article, either generally
or to a particular country or place;

(b) to prohibit the exportation of any article to any, country
or place unless consigned to such person or persons as may be
authorized by or under the Order in Council to receive such
article

(c) to prohibit the exportation of any article except under
an export permit or export licence and to provide for the issuing
of such permits and licences;

* As amended by Law Rev. Ord., 1939, Supp. Sched,





(d) to prescribe any conditions to be observed, before or
after the issue of an export permit or export licence, by any
persons interested in any way whatsoever in the articles to which
such permit or licence or the application therefor may relate, or
who may be interested in any wa y whatsoever in the carriage of
such articles or in the docti ments relating *to such articles

(e) to impose upon the owners, charterers and agents of
ships and aircraft, and upon the masters of ships and the persons
in charge of aircraft, such obligations with regard to manifests,
bills of lading, air consignment notes and otherwise as the
Governor in Council may deem necessary for the purpose of
carrying this Ordinance into. effect and for the purpose of
securing compliance generally with its provisions;

to prescribe any other restrictions whatsoever on the
exportation of any article; and

(g) to prescribe any other conditions whatsoever to be
observed in connexion with the exportation of.any article.

5.-(1) It shall be lawful for the Governor in Council by
order to exercise all or any of the following powers-.

(a) to prohibit the importation of unmanifested cargo, either
generally or from any particular country or place;

(b) to prohibit the exportation of unmanifested cargo, either
generally or to any particular country or place;

(c) to prohibit the placing on board any ship or aircraft in
the Colony of any cargo without the consent of the owners,
charterers or agents thereof or of the master of the ship or
person in charge of the aircraft;

(d) absolutely or conditionally to exempt from any such
prohibition cargo carried in passengers' luggage or any other
class of cargo whatsoever; and

(e) to prescribe any other restriction or condition whatso-
ever on the importation or exportation of unmanifested cargo
or on cargo placed on board any ship or aircraft.

As amended by No. 14 of 1932 [27.5.32] and Law Rev. Ord., 1939,
Supp. Sched.





(2) In this section. ' unmanifested cargo '.means cargo not
-entered on the manifest of the ship or aircraft.

6. The granting or refusal of, any permit or licence shall be
in the absolute discretion of the officer entrusted with the duty
of issuing such permit,or licence and such officer may impose
,any condition whatsoever on the granting of any permit or
9
licence.

7.-(1) Upon the failure of any condition' of any, bond
required as a condition on the granting of any permit or any
licence issued under this Ordinance, the Sum secured by the
bond shall be deemed to be a debt due to the Crown and may
be recovered in the same manner as Crown rents are recovered
upon a certificate purporting, to be under, the, hand of the
Treasurer.

(2) The recovery of any
such sum shall not relieve any
to which he may be liable under this or any other Ordinance.

8.-('1) Upon the breach.of any condition of any permit or
any licence'issued under this Ordinance',- any deposit required
as a condition, on the, granting of such permit or licence. shall
upon application to a magistrate be declared by' him to be
forfeited: to the Crown'.

(2) The forfeiturr of any such deposit shall not relieve any
person from any. other penalty to which he may be. liable under
this or any 'other Ordinance.

9..-(1) It shall be lawful for any public officer authorized
by the Superintendent of Imports and ExportS, in writing in that
behalf either 'generally or for a particular occasion-

(a) to arrest and bring before a magistrate any person
whom such public officer may'have reason to suspect of having.
committed an offence against this Ordinance;
(b) to search the person and property and effects of any
person whom. it may be lawful for such public officer to arrest:
Provided that no female person shall be searched except by a
female, 'and provided that no person shall be searched in a
public place if he objects to be so searched;

As amended by Law Rev. Ord.3 1939, Supp. Sched.





(c) to search any place or vessel (not being a ship of war)

or aircraft in which such public officer may have reason to
suspect that. there may be anything-

(i) with respect to which any offence against this Ordinance may have
been committed,* or
of the commission of any such offence ; and

(d) to seize, remove and detain anything with respect to which any
offence against this Ordinance may appear to have been committed or which
may appear to be or to contain evidence of, the commission, of any such
offence, including all account books and correspondence.

(2) Such public officer may

(a) break open any outer or inner door of or in any such place;

(b) forcibly enter any such aircraft or vessel and every part thereof;

(c) remove by force any personal or material obstruction to

any arrest, detention, search, seizure or removal which he is
empowered to make;

(d) detain every person found in such place or on board such aircraft
or vessel until such place or aircraft or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search, seizure 'or
removal which is authorized by this Ordinance or by any order of the
Governor in Council made thereunder.

10. In any proceeding in respect of or involving any matter, civil or
criminal, arising under or in connexion with this Ordinance or any order of
the Governor in Council made thereunder

(a) if any cargo appears on any import manifest. furnished by the
owners, charterers or agents of any ship or aircraft,, or by the master of a
ship or person in charge of an aircraft, at any time before or after the arrival
of such ship or aircraft in the Colony, it shall be presumed infavour of the
Crown against any

As amended by Law Rev. Ord. 1939, Supp. Sched.





other party that, such cargo was imported into the Colony on
board such ship or aircraft unless such other party proves
affirmatively that such cargo was not in fact carried into the
Colony on 'board such ship or aircraft

(b) if any cargo appears on any export manifest furnished
by the owners, charterers or agents of any ship or aircraft, or
by the master of a ship or person in charge of an aircraft, before
or after the departure frorm the Colony of such ship or aircraft, it
shall be presumed in favour of the Crown against any other party
that such cargo was exported or was 'intended to be exported
from the Colony on board such ship or aircraft, according as
such ship or aircraft has actually left the Colony or not, unless
such other pirty proves affirmatively that the said cargo was not
exported or was not intended to he exported from the Colony
on board such ship or aircraft, as the case irlay be;

(c) any certificate produced from official custody and pur-
porting to be signed by any British customs or consular officer
shall be prima facie evidence of the truth of the matters stated
therein.

11. It shall be lawful for the Governor in Council in his
absolute discretion to relax in anyeither generally or in
particular cases, any of the provisions of this Ordinance or of
any order made by him thereunder, to make such relaxation
defeasible upon the happening of any event whatsoever and to,
withdraw any relaxation so granted.

12. Every person who-

(a) contravenes any of the provisions of this Ordinance or
of any order of the Governor in Council made thereunder, or
who fails.to observe any condition or restriction prescribed or to
discharge any obligation imposed by or under this Ordinance
Or by or under any such Order in Council : or

(b) imports or exports anything ill contravention of any
proclamation made in whole or in part Under the pomrers conferred
by the Order of Her late Majesty Queen Victoria in Council of
the 26th day of October, 1896, or any Order of His Majesty in
Council amending or substituted for the sarpe,
shall be deemed to commit an offence against this Ordinance.

As amended by Law Rev. Ord., 1939, Supp. Sched.

13.-(1) Ever person who commits or attempts to commit
any offence against this Ordinance shall be. guilty of a mis-
demeanor and shall be liable upon conviction either summarily
or on indictment to imprisonment for any term not exceeding
one year and to a fine not exceeding ten thousand dollars.

(2) It shall be lawful for the court or a magistrate to &der
to be forfeited to the Crown any article in respect of which any
offence against this Ordinance has been'committed whether any,
person has been convicted of such offence or not, and upon the
making of any such order of forfeiture the said article 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 said article.

14. The powers conferred by this Ordinance shall be deemed
to be in addition to aild not in derogation of any other powers
of His Majesty or of the Governor in Council or of the Governon
or of any public officer.
[Orginally No. 32 of 1915. No. 14 of 1932. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Powers of the Governor in Council with regard to unmanifested or unauthorized cargo. Issue of permit or licence to be discretionary.* Forfeiture of bond.* Forfeiture of deposit.* Arrest, search, seizure, removal, and detention.* Evidence:* import manifests to be evidence of importation; export manifests to be evidence of exportation; certificates of British customs or consular officers to be prima facie evidence. Power of the Governor in Coiuncil to relax provisions. Offences. Penalties.* Saving of other powers.

[Orginally No. 32 of 1915. No. 14 of 1932. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Powers of the Governor in Council with regard to unmanifested or unauthorized cargo. Issue of permit or licence to be discretionary.* Forfeiture of bond.* Forfeiture of deposit.* Arrest, search, seizure, removal, and detention.* Evidence:* import manifests to be evidence of importation; export manifests to be evidence of exportation; certificates of British customs or consular officers to be prima facie evidence. Power of the Governor in Coiuncil to relax provisions. Offences. Penalties.* Saving of other powers.

https://oelawhk.lib.hku.hk/items/show/1541

ASIATIC EMIGRATION ORDINANCE, 1915

No. 30 of 1915.

An Ordinance to amend and consolidate the law relating to
Chinese passeitger ships as defined by the Chinese
Passengers Act, 1855, and concerning Asiatic emigrants
generally.
[31st March, 1916.]

PART I.

PRELIMINARY.

This Ordinance may be cited as the Asiatic Emigration
Ordinance, 1915.

2.-(1) In this Ordinance,

(a) 'The Act' means the Chinese Passengers Act, 1855;

(b) 'Assisted emigrant' means any male emigrant who
intends to labour for hire in some place beyond the limits of
this Colony and who has received assistance in the way of
payment of passage money, subsistence or otherwise in order to
enable him to carry out his intention;

(c) ' Emigrant ' means any person being a native of Asia
who, unless exempted from the provisions of this Ordinance, is
carried or is about to be carried as a passenger in any emigrant
ship;

(d) Emigrant ship ' includes every Hong Kong emigrant
ship and every outport emigrant ship;

(e) Emigration Officer '' as regards this Colony means
the Harbour Master and includes any person duly authorized
by' him to perform or assist 'in performing his duties and as
regards other places includes every person lawfully acting
as Emigration Officer, Immigration. Agent or Protector of
Emigrants and every person authorized by the Governor of any
British colony to carry out the provisions of the Act;

(f) Free emigrant ' means 'an emigrant who is not under
any contract of service whatever;

The operation of this Ordinance is not limited by the Boaiding-house
Ordinance, 1917 : see No 23 of 1917, s. 8; see also No. 12 of 1923,
[Vaccination], s. 8.
See Proclamation No. 10 of 1916.





(g) ' General licence' means a licence granted under
section 13;

(h) 'Hong Kong emigrant ship' includes every ship
carrying from any port in the Colony of Hong Kong more
than twenty passengers being natives of Asia;

(i) ' Long voyage ' means any voyage, within the mean-
ing of the Act, which is declared by proclamation by the
Governor to be a voyage of more than thirty days' duration

Master ' in reference to any ship includes any person
for the time being in command or charge of the same;

(k) ' Outport emigrant ship' includes every British ship
carrying from any port in China or within one hundred miles
of the coast thereof, other than a port in the Colony of Hong
Kong, more, than twenty passengers being natives of Asia;

(l) ' Outport licence ' means a licence granted under
section 12

(m) ' Passenger ' means any person who is carried or is
about to, be carried in any emigrant ship other than the master
and crew, and the owner, his family and servants;

(n) ' Ship ' includes all seagoing vessels;

(o) ' Short voyage ' means any voyage, within the mean-
ing of the Act., of more than seven days' duration but not
exceeding thirty days' duration and any other voyage which
may, be declared by proclamation by the Governor to be a short
voyage;

(p) ' Special licence ' means a licence granted' under'
section 14.

(2) Any emigrant ship clearing otit or proceeding to sea
on any voyage to any port for the purpose of commencing at
or from such port any short or long voyage shall be deemed
to have cleared out or proceeded to sea upon the said last-
mentioned voyage from the Colony or from a port in China
or within one hundred miles of the coast thereof, as the case
may be.

3. Save in so far as the provisions of the Act are expressly
modified by the provisions of this Ordinance, nothing contained





in the provisions of this Ordinance shall be deemed to affect the
operation of the provisions of the Act.

4.-(1) The provisions of this Ordinance respecting ships
carrying emigrants and respecting the treatment of such
emigrants therein while at sea shall be deemed to be regulations
made under section 2 of, the Act in substitution for the regula-
tions contained in Schedule A to the said Act.

(2) The form of Emigration Officer's certificate contained
in the First Schedule to this Ordinance shall in the case of any
ship 'under special licence be substituted for the form of the
Emigration Officer's certificate. contained in Scheduld B to the
Act.

(3) The form of bond contained in the Second Schedule to
this Ordinance shall be substituted for the form of bond contained
in Schedule C to the Act.

5. Nothing. contained in the provisions of this Ordinance shall
be deemed in the case of any ship which is being regularly
employed in the. conveyance of public mails under contract with
the government of the state or colony for which. such mails are
carried or of any other'ship which is approved by the Goverrroi-
as a first class ship to apply to passngers who being natives of
Asia are travelling or are about to travel on the same terms as
non-Asiatic passengers in the first class of any such ship or in the
first or second class of any such ship if such ship carries more
than two classes of passengers.





PART Il.

PROVISIONS RELATING TO SHIPS CARRYING EMIGRANTS.

6. The master of every ship arriving within the'waters of the
CAny with more than twenty emigrants on board or intended
for carrying from the Colony more than twenty emigrants shall,
within twenty-four hours from the arrival of his ship, report such
arrival to the Emigration Officer.

7. The owners or charterers of any emigrant ship about to
proceed on any voyage, or if they are absent their respective
agents, shall, as soon as such ship is laid on for the conveyance
of emigrants, give notice in writing of the fact to the Emigration
Officer specifying in such notice the name, destination and
probable time of departure of such ship.

8.-(1) No emigrant ship shall clear out.or proceed to sea on
any, voyage without a certificate from the Emigration Officer.

(2) Such certificate shall he in the form required by the Act
or, in the case of a ship under a special licence, in the form
contained in the First Schedule.

9. No emigrant ship shall clear out or proceed to sea on any
voyage and the Emigration Officer shall not grant the certificate
unless the master of such ship is provided with a licence under
the hand of the Governor and the public. seal of the Colony or
under the hand and seal of an Emigration Officer, to be obtained
in manner hereinafter mentioned.

10.-(i) A licence granted under the provisions of this
Ordinance may be-

(a) a general licence granted under section 13;

(b) a special licence granted under section 14;

(c) an outport licence granted under section 12.

(2) Such licences shall be in the respective forms contained
in the Eleventh Schedule.

For survey requirements se, No. 10 of 1899 [Merchant Shipping].
S. 10 (8) (a) (v)
See s . 49 for penalty.





11. Whenever. any emigrant ship is about to -proceed to sea
from the Colony on any long or short voyage, the owners or
charterers of' such ship, or if they are absent from the Colony
their respective agents, shall, before such. ship is laid on for
the conveyance of emigrants, apply in writing to the Colonial
Secretary for a licence under the hand of the Governor and the
public seal of the Colony for the conveyance of such emigrants.

12. Whenever any outport emigrant ship, which is not pro-
vided with a licence covering her intended voyage, is about to
proceed with emigrants from any port in China or within one
hundred miles of the coast thereof, other than a port in the Colony
of Hong Kong, on any short voyage, the owners or charterers
of such ship, or if they are absent their respective agents, shall,
before such ship is laid on for the conveyancd of.emigrants, apply
in writing to. the Emigration Officer at such port for a licence
under his hand and seal for the conveyance of such emigrants on
the intended voyage only.

13. The Governor may grant to any vessel a general licence
for any period or for any number of voyages or for voyages
between any specified ports.,

14. The Governor may grant a special licence for any period
not exceeding twelve months, or for any number of voyages to be
performed within twelve months, between any specified ports, to
any ship which is being regularly employed in the conveyance of
public mails under contract with the government of the state or
colony for which,such mails are carried, or to any other ship which
is approved by the Governor as a first class ship.

15. The grant of a general or special licence shall be in the
absolute discretion of the,Governor and the grant of an outport
licence shall be in the absolute discretion of the Emigration
Officer.

16. No licence shall be issued until-

(a) the master of the ship in respect of which application is
made for a licence shall have entered into a joint and several bond
with two sufficient. sureties approveq by an Emigration Officer in
the sum of one thousand pounds in the form contained in the
Second Schedule;'





(b) the owners or charterers, or if they are absent from the
Colony their respective agents, shall have furnished, on oath if
required, all the particulars specified in 'the Third Schedule as
necessary on. application for the form of licence applied for and all
other particulars relating to the intended emigration that may be
required by an Emigration Officer;

(c) the owners or charterers, or their respective agents, or the
master of the ship, shall have paid to the Emigration Officer the
fee for the licence applied for, which shall be fifteen dollars in the
case of a general licence or a special licence and five dollars in the
case of an outport licence.;

(d) such other conditions shall have been complied with as
may have been prescribed by the Governor or the Emigration
Officer as the case may be.

17. No emigrant ship shall carry any emigrants except free
emigrants.

18. The number of passengers which may be carried on any
ship which has a special licence shall not exceed one passenger
for every ten tons of the registered tonnage of the ship.

19. Every outport licence shall specify the period within which
the ship shall clear out and proceed to sea, and the ship shall
clear out and proceed to sea within the period specified: Provided
that it shall be lawful for the Emigration Officer to extend such
period in the case of any outport licence granted by him.

20.-(1) Any general licence may be revoked by the Governor
if it appears to his satisfaction at any time that ' any of the
particulars furnished in respect of the said licence,were untrue or
that there has been any breach of any condition of the said licence
or that there has been any other contravention of the provisions
of this Ordinance.

(2) Any special licence may be revoked at any.time by the
Governor in his absolute discretion.

(3) Any outport licence may be revoked by an Emigration
Officer at the port where such outport licence was issued if it





appears to. the satisfaction of such Emigr ation Officer that any qf
the particulars furnished.in respect of the said licence were untrue
or that there has been any breach of any condition of the said
licence or that there has been any other contravention of the
provisions of this Ordinance.
(4) In every case in which a licence is revoked by the
Governor or by an Emigration Officer it shall be lawful for the
Governor or the Emigration Officer, as the case may be, to order
that,the ship be seized and detained until the emigration papers
of the said ship, if already granted, are delivered up to be
cancelled.

21. In case it is shown to the satisfaction of the. Governor
-in Council, at any time before the departure of any emigrant
ship proceeding on any voyage, that the master, mate or Any
other officer of such ship is unfit for the proper discharge of his
duties by reason of incompetency or misconduct or for any other
sufficient cause, it shall be lawful for the Governor by order under
his hand to direct the dismissal or removal of such master, mate
or other officer from the said ship, and thereupon the owners or
charterers thereof or their agents shall forthwith dismiss or
remove such master, mate or other officer, as the case may
be, and appoint another in his place, to be approved by an
Emigration Officer, in the' place of the one so dismissed or
removed as aforesaid.

22.~(i) All emigrant ships,clearing out or proceeding to
sea on any short voyage under a general or outport licence shall
be subject to the regulations contained in the Fourth Schedule.

(2) All emigrant ships clearing out or proceeding to sea on
any short voyage under a special licence shall be subject to the
regulations contained in the Fifth Schedule.

(3) All `emigrant ships clearing out or proceeding to sea on
any long voyage shall be subject to the regulations contained in
the Sixth Schedule.





PART III.

PROVISIONS RELATING TO EMIGRANTS.

23. It shall be lawful for the Governor in Council to
.exempt from all or any of the provisions of this Part such, or
such class or party of, assisted emigrants and upon such con-
ditions and for such period as may be in the opinjon of the
Governor in Council desirable.

(a)-Medical inspection.

24. It shall be lawful for the Governor to appoint any duly
qualified persons as medical officers for the purposes of the Act
and of this Ordinance.

25. No emigrant ship shall clear out or proceed to sea on
any voyage until a duly appointed medical officer shall have
certified to the Emigration Officer, and such Emigration Officer
shall not grant his certificate unless he is satisfied, that none of
the emigrants, passengers or crew appears, by reason of any
bodily or mental disease, unfit to proceed or likely to endanger
the health or safety of other persons about to proceed in such
ship..

26. A medical inspection of the emigrants, passengers and
crew for the purposes of giving such certificate shall take place
either on board such ship or, in the case of emigrants, at the
discretion of the Emigration Officer, at such time and on shore,
before embarkation, as 'ne may appoint.

27. A medical inspection of assisted emigrants shall take
place on shore before embarkation as well as on board the ship
after embarkation and the Emigration Officer shall not grant his
certificate unless fie is satisfied that such double inspection has
been duly made or has been dispensed with by the sanction of
the Governor.

28. The medical inspection of emigrants required to be made
after their embarkation in any emigrant ship shall take place at
such time as the Emigration Officer may appoint.

29. Any medical officer appointed under the provisions of
this Ordinance for the inspection of intending emigrants and the





supervision of matters and things relating to the comfort and
well-being of such emigrants before their departure and on their
voyage, shall be entitled to charge, and the master, owner or
charterer of. the ship carrying or about to carry emigrants in
respect of which or whom such inspection or supervision is
effected shall pay to such medical officer, such fees as may from
time to time be prescribed by the Governor in Council.

30. Any Chinese medical practitioner shall be eligible, with
the approval of the Governor, for the office of surgeon of any
ship for the purposes of the Act or of this Ordinance.

(b)-Provisions relating to passage brokers.

31.-(1) No person shall act as a passage broker or in
procuring emigrants for, or in the sale or letting of passages
in, any emigrant ship proceeding on any voyage unless he has
with two sufficient sureties, to be approved by the Secretary for
Chinese Affairs, entered into a joint and several bond in the
sum of five thousand dollars to; His Majesty, His Heirs and
Successors, according to the form in the 'Seventh Schedule,
which bond shall be renewed on each occasion of obtaining such
licence as hereinafter mentioned and shall be deposited with the
'Secretary for Chinese Affairs; nor unless such person has
obtained a licence to let or sell passages; nor unless such licence
is then in force.

(2) Where different members of the same firm act as passage
brokers each' person so acting shall comply with the terms of
this section.

32. Any person wishing to obtain a licence to act as a
passage . broker shall make application for the same to the
Secretary for Chinese Affairs who is hereby authorized if he
thinks fit to grant such licence, according to the form in the
Eighth Schedule: Provided always that no such licence shall
be granted ' unless such bond as is mentioned in section 31 has
been first entered into: Provided also that any magistrate who
adjudicates on any offence committed by such broker against this
Ordinance is hereby authorized to order the offender's licence
to be forfeited and the same shall thereupon be forfeited accord-
ingly: and the said magistrate making such order shall forthwith
cause notice of such forfeiture, in the form in the Ninth Schedule,





to be transmitted to the Secretary for Chinese Affairs, and such
forfeiture shall be exclusive and independent of any other punish-
ment which may be inflicted upon such offender under the
provisions of this Ordinance.

33. Every person obtaining such licence as aforesaid shall
pay to the Secretary for Chinese Affairs a fee of two hundred
dollars, or where the duration of the licence is short such reduced
fee as the Governor in Council may authorize.

34. Such licence shall continue in force until the 31st day
of December in the year in which such licence is granted, and
for fourteen days afterwards, unless sooner forfeited as herein-
before mentioned.

35. Every.passage broker' who contracts with any intending
emigrant for a passage in any ship shall forthwith give notice in
writing to the Secretary for Chinese Affairs and to the Emigra-
tion Officer of every such contract, specifying the . name, age
and sex of such emigrant and the name of such ship.

36.-(1) Every passage broker who receives money from
any emigrant for or in respect, of a passage in any emigrant
ship proceeding on any voyage shall give to such emigrant a
passage ticket, under the hand of such passage broker and
stamped with his seal or trade mark.

(2) Every such ticket shall be printed in a plain and legible
type according to the form in the Tenth Schedule and shall
be accompanied with a translation thereof in the Chinese
language, in plain and legible characters.

37. Every passage broker, before he receives or takes any
money on account of any passage or for the sale or letting of the
whole or any part of the accommodation of or in any such ship,
shall produce to the Secretary for Chinese Affairs the certificate
of the master or owner of the ship in respect of which a passage
has been taken or the accommodation in which has been,so sold
or let, to the effect that such ship has been chartered for the
purpose of carrying emigrants and that such passage broker is
authorized to receive payment for such passage or for the sale





or letting of the accommodation in such ship ; and such certificate'
shall be filed in the office of the Secretary for Chinese Affairs.

38.-(1) Every passage broker who has engaged to provide
an emigrant with a passage shall, either *personally or by his
duly authorized representative, attend with such passenger at
such place and time as may be appointed by the Secretary for
Chinese Affairs, and in the presence of the Secretary for Chinese
Affairs or of such officer as the Secretary for Chinese ' Affairs
may appoint the true intent and meaning of such passage ticket
shall be explained to such emigrant with the object of ascertain-
ing that such emigrant understands where he is going and that
such emigrant is not. acting under -compulsion and is not being
influenced to emigrate by false representations.

(2) In the absence of any appointment by the Secretary
for Chinese Affairs the said attendance in the case of all female
emigrants, and in the case of all male emigrants who either are
assisted emigrants or appear to the Secretary for Chinese Affairs
to be under the age of sixteen years, shall take place at the office
of the Secretary for Chinese Affairs, and in the case of all other
emigrants shall take place on board the emigrant ship.

(3) It shall be lawful for the Governor in Council to direct
that any of the provisions of this section may be dispensed with
in the case of emigrants travelling to any British possession.

39. No person shall fraudulently alter or cause to be altered,
rendered useless or destroyed, after it is once issued, or shall
fraudulently induce any person to part with or render useless
or destroy, any such passage ticket, until the termination of the
passage which it is intended to, evidence.

40. No licensed passage broker shall, as. agent for any person
whether, a licensed broker or not, receive money for or on account
of the passage of any emigrant on board an emigrant ship
without having a written authority to act as such agent or, on
the dernand of the Emigration Officer, refuse or fail to exhibit
his licence and such written authority.

. 41._(i) It shall be lawful for the Secretary for Chinese
Affairs or the Emigration Officer, at any time' when he is
satisfied that any emigrant who is unwilling to leave port has
been obtained by any fraud, violence or other improper means,





to land such emigrant and procure him a passage back to his
native place or that from which he was taken, and also to defray
the cost of his maintenance whilst awaiting a return passage.
(2) All such expenses, with all legal costs incurred, shall
be recoverable by the Secretary for Chinese Affairs or. Ernigra-
tion Officer before any magistrate from the emigration: passage
broker of the vessel in which such emigrant was shipped or
intended to be shipped.

(c)-Provisions as to emigration boarding-houses.

42.-(1) No assisted emigrant shall, without the sanction of
the Secretary for Chinese Affairs, be permitted to embark in
this Colony in any emigrant ship on any voyage unless he has
been lodged in a boarding-house licensed under this Ordinance
during a period of not less than forty-eight hours previous to the
examination by the Secretary for Chinese Affairs.
(2) No person shall accommodate any assisted emigrant.
except in a boarding-house for assisted emigrants licensed under
this Ordinance.

43.-(1) It shall be lawful for the Secretary for Chinese
Affairs to license a sufficient number of fit and proper persons
to keep boarding-houses for assisted emigrants.

(2), Every such licence shall be granted for such period not
exceeding twelve months, and on payment of such fee and on
such terms and conditions, as may be prescribed by any rules
to be made tinder section 44.
(3) Every boarding-house keeper licensed tinder this Ordin-
ance shall enter into a bond in the sum of one thousand dollars,
with two sufficient sureties to be approved by the Secretary for
Chinese Affairs, for the due observance of such terms and
conditions.

44.-(i) It shall be lawful for the Governor in Council to
make rules for the licensing, regulation and sanitary mainten-
ance of such boarding-houses and with regard to all persons
residing therein, brid by such rules to require such registers or
other books to be kept as he may deem expedient.

See s. 5 for penalty.
For rules made under this Ordinance and No. 23 of 1917 [Boarding-
house], see the corresppnding volume of the Regulations of Hong
Kong.





(2) All such rules when made shall be published in the
Gazette and when so published shall be as valid and binding as
if contained in this Ordinance.

45.-(1) The keeper of every such boarding-house shall
supply the Secretary for Chinese Affairs with a return of all
emigrants who are inmates of the house, giving their number,
names, descriptions and such other particulars as the Secretary
for Chinese Affairs may direct together with the name of the
emigrant ship by which they intend to proceed.
(2) Such return must be supplied at least twenty-four hours
before the examination by the Secretary for Chinese Affairs and
shall be in such form as he may direct.

46.-(1) The keeper of every licensed boarding-house from
which any assisted emigrant is to be shipped or in the case of
every male emigrant under the age of sixteen years and of all
female emigrants the passage broker who provides the passage
shall attend at the office of the Secretary for Chinese Affairs or
other place appointed for the examination to be held by the
Secretary for Chinese Affairs, and shall then furnish the
Secretary for Chinese Affairs or such officer as the Secretary for
Chinese Affairs may appoint with two copies of the photograph
of every such emigrant, with the names, ages and number of the
said emigrants, numbered to correspond with a list containing
the names, ages, sex, destination, occupation and any other
particulars which may be required by the Secretary for Chinese
Affairs concerning each emigrant entered thereon together with
the name of the ship by which each emigrant intends to sail and
the date of departure.

(2) It shall be lawful for the Secretary for Chinese Affairs
to employ photographers to furnish, the photographs required by
this section.

PARTIV.

PENALTIES.

47. Except where otherwise expressly prescribed under the
provisions of this Ordinance, every' person who contravenes any
of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor.





48. Every person who contravenes any of the provisions of
any regulation contained in the Schedules to this Ordinance
shall be deemed guilty of a misdemeanor.

49. The master of any ship failing or neglecting to comply
with the provisions of section 6 shall upon summary conviction
be liable to a fine not exceeding one hundred dollars and to
imprisonment for any term not exceeding six months.

[ss. 5o and 51, rep. No. 21 Of 1922.]

52. Every person who-

(i) makes or attempts to make any fraudulent use of a
certificate granted under the provisions of this Ordinance; or

(2) forges, counterfeits, alters or erases the whole or any
part thereof; or

(3) uses or attempts to use any spurious or fraudulent
certificate, and every person aiding and abetting in such offence;
or

(4) by any fraud or false representation as to the size of a
ship or otherwise or by any false pretence whatsoever induces
any person to engage a passage in any emigrant ship; or

(5) falsely represents any assisted emigrant to be a non-
assisted emigrant,

shall be liable upon conviction -either summarily or on indictment
to imprisonment for any term not exceeding one year and to a
fine not exceeding one thousand dollars.

53. Every person who-

(i) unlawfully, either by force or fraud, takes away or
detains against his will any person with' intent to put him on
board any emigrant ship; or

(2) With any such intent, receives or harbours or enters
into any contract for foreign service. with any person s6 taken'
away or detained,

shall be gu ilty of felony, and being convicted thereof shall be
liable at the discretion of the court to imprisonment for any term
not exceeding seven years.





54. Every person who falsely and deceitfully personates, or
aids and abets. in falsely and deceitfully personating, an emigrant
or intendin emigrant at
any attendance before or examination
by the Secretary for Chinese Affairs or any officer appointed
by the Secretary, for Chinese Affairs or an Emigration Officer,
required by this or any other enactment for the time being in
force relating to Asiatic emigration,
shall be guilty of a mis-
demeanor and shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars and to imprisonment
for any term not exceeding six. months.

55.-(1) Every person who- commits any contravention of
any rule made unaer the provisions of section' 44 shall be guilty
of an offence and shall upon summary conviction be liable to
a fine not exceeding one hundred dollars in respect of such
contravention.

(2) The keeper of any hotel or boarding-house who know-
ingly furnishes any false or incorrect return or other particulars
required of him, or who obtains or attempts to obtain by fraud,
intimidation or force the shipment of any emigrant or intending
emigrant, and every person who aids or abets such keeper in so
doing, shall upon summary conviction be liable to a fine not
exceeding five hundred dollars or to imprisonment for any term
not exceeding one year.

(3) Any such keeper and his sureties shall also be liable to
the enforcement of his and their bond, and the licence of such
keeper may be. suspended or cancelled by the Secretary for
Chinese Affairs.

56. The owners or charterers of any emigrant ship and any
emigration passage broker, and any intending emigrant by any
such ship, and any master or other person in charge of,any such
ship, who fails to comply with or commits any breach of the
provisions of this Ordinance so far as they inav respectively be
bound thereby, and any person granting or knowingly uttering
any forged certificate, permit, notice or other document under
this Ordinance, shall, without prejudice to any other proceeding,
civil or criminal, be liable upon summary conviction to a fine
not exceeding five hundred dollars or to imprisonment for any
term not exceeding six months.





PART V..

MISCELLANEOUS.

57. It shall be lawful for the Governor in Council to apply
the whole or any part of the penalties recoverable under section 5
of the Act for the non-observance or non-performance of the
regulations made under this Ordinance or the Act towards
the expenses of reconveying to their homes or transferring to
another ship emigrants who were intending to proceed in any
vessel whose licence has been revoked in manner hereinbefore
provided.

58. Particulars or any of such requited to be furnished under
any of the provisions of section 16 shall, if so ordered by an
.Emigration Officer, be verified upon oath or declaration before
an Emigration Officer or justice of the peace who are hereby
authorized to administer such oath or declaration.

59. The forms. in the Schedules to this Ordinance or forms
to the like effect, with such variations. and additions as circum-
stances may require, may be used for the purposes therein
indicated and according to the directions therein contained, and
instruments in those forms shall (as regards the form thereof)
be valid and sufficient.

SCHEDULES. [s.59.]

FIRST SCHEDULE. [ss. 4 (2), 8 (2).]


FORM OF EMIGRATION OFFICER'S CERTIFICATE FOR
SHIPS UNDER SPECIAL LICENCE.

I, A.B., Emigration Officer for
do hereby certify as follows:-
1. That the ship , A.B., master, is specially licensed
under hhe provisions of the Asiatic Emigration Ordinance, 1915.

2. That the said ship is licensed to carry adult emigrants,
of whom none are to be under any contract of service whatever.

Dated this day of

(Signed)
Emigration Officer.





SECOND SCHEDULE. [ss. 4 (3), 16],

FORM OF BOND TO BE GIVEN BY THE MASTER OF AN EMIGRANT SHIP.

Know all men by these presents that we, A.B., of . ,
and C. D., of ' and E.F., of , are held
and firmly bound unto Our Sovereign Lord King George VI in the
sum of one thousand pounds of good and lawful money of ('Treat
Britain, to be paid unto Our said Sovereign Lord the King, His Heirs
and Successors; to which payment well and truly.to be made we bind
ourselves and every of us jointly and severally for and in the whole,
our heirs, executors and administrators and every of thea), firmly by
these presents, sealed with our seals.

Dated this day of 19

Now the condition of this obligation is that if (in respect of the
ship whereof is master) all and every the
requirements of the Chinese Passengers Act, 1855, and of the Asiatic
Emigration Ordinance, 1915, and of the regulations contained in the
Schedules to the said Ordinance shall be well and truly performed [in
like manner as the same ought to be observed and performed in case
the said ship were a British ship, and the said
were a British subject] (a) then this obligation to be void, otherwise
to remain in full force and effect.

Signed, sealed and delivered by the above-bounden
and and in the presence of

THIRD SCHEDULE.

PARTICULARS REQUIRED ON APPLICATION FOR A GENERAL,
SPECIAL, OR OUTPORT LICENCE.

Name........of ship
Nationality of'ship ......................................................................
Registered tohnage ....................................................................
Name of owners ....; .............
Name of charterers (if any) .......................................................
Name of agents ........................................................................
Name of master .........................................................................
Intended voyage or voyages
..................................................................................................
Number of emigrants to be conveyed-

Assisted ...............................................

Other than assisted ...............................





(For outport licences only, in addition to the above.)

Proposed time of departure .......................................................
...........................

I the undersigned hereby apply for a (a) ................................
licence under the Asiatic Emigration Ordinance; 1915, for the above
ship for (b)
..............................................................................................

(Signature) .........

(c) Owners, charterers or agents.

I (d) ..........................
of (e) ..................................................................................
do solemnly swear that the above particulars are true.

....................
Sworn by the within-named
.................
.................
this .........day
of ...........19

Before me

........................... .............................
Justice of the Peace or Emigration Officer.

FOURTH SCHEDULE. [s. 22 (1).]

REGULATIONS RESPECTING SHIPS UNDER GENERAL OR
OUTPORT LICENCE ON SHORT VOYAGES.

1. No emigrant ship licensed under general or outport licence
under the provisions of the Asiatic Emigration Ordinance,. 1915, shall
clear out or proceed to sea on any short voyage unless the master
thereof hits received from an Emigration Officer a copy, of these regula-
tions and a certificate in the form in the Appendix to these regulations,
nor until the master has entered into the bond in the form set out in
the Second Schedule to the said Ordinance.

No Emigration Officer shall be bound to uive such. certificate
until seven days after receiving from the owners or charterers of the
ship, or if they are absent from their respective agents, an application
in writing for the same and a notice that the ship is laid on for the
conveyance of emigrants, nor, where the number of emigrants on
board exceeds fifty, unless there are on board a medical officer und
interpreter duly approved by such Emigration Officer.

As amended by Law Rev. Ord., 1939, Supp. Sched.





3. After receiving such application the Emigration Officer, and
any person authorized by him in that behalf, shall be at liberty at all
times to enter and inspect the ship and the fittings, provisions and
stores therein; and any person impeding such entry or insp&ction or
refusing to allow the. same shall be liable to a penalty not exceeding
one hundred dollars for each ofience.

4. The following conditions as to the accommodation of emigrants
shall. be observed to the satisfaction of the Emigration Officer-

(1) that the ship. is in a state of perfect cleanliness and if neces-
sary has been disinfected;

(2) that the space appropriated to the emigrants between decks
is clean, properly lighted and ventilated, and contains at the least 9
superficial and 54 cubic feet on the upper between decks and 18
superficial and 126 cubic feet of space on the lower between decks for
every adult emigrant on board, that is' to say, for every emigrant
above 12 years of age and for every 2 emigrants between the ages of
1 and 12 years; and that the height between decks is at least 6 feet;

(3) that the accommodation for female emigrants between decks
is separate from that provided for male emigrants;

. (4) that a space of 4 superficial feet per adult is left clear on the
upper deck for the, use of the emigrants;

(5) that sufficient latrines, both as to condition and number, are
provided in suitable parts of the ship; .

(6) that a reasonable space is set apart, properly divided and fitted
up, as a sick-bay or hospital; and

(7) that in the measurement of the passenger decks for the pur-
pose of determining the number of emigrants to be carried in any such
ship, the space for the sick-bay or hospital shall not be included.

5. No part of the cargo or of the provisions, water or stores shall
be carried on the upper. deck or on the passenger decks, unless in the
.opinion of the Emigration Officer the same is so placed as not to
impede light or ventilatio or to interfere with the comfort of the
emigrants nor unless the same is stowed and secured to the satis-
faction of
the Emigration officer; and the space thereby occupied or
rendered unavailable for the accommodation of the emigrants shall be
deducted in calculating the:' space by which the number of passengers
is regulated.

The Emigration Officer may in his discretion permit emigrants
to be carried da deck passengers, on such conditions as may from time
to time be prescribed 'under instructions from one of His Majesty's
Principal Secretaries of,State and, until and subject to such instrue.
tions, on the conditions following-

(1) a suitable awning with screens shall be provided on deck,





sufficient for the protection of such emigrants carried as deck passen.
gers from the sun and from rain;

(2) the space appropriated to such emigrants carried as deck
passengers shall contain at the least 16 superficial feet for every adult,
that is to say, for every emigrant,above 12 years of age and for every
2 emigrants between 1 and 12 years of age; and
(3) in case emigrants are carried as deck passengers in dition to.
other emigrants for whom accommodation between decks is provided,
the space to be appropriated for such emigrants carried as deck
passengers shall be reckoned exclusively of the space of 4 superficial
feet per adult required to be left cleat on the upper deck for the use
of such other emigrants.

7. The following conditions as to provisions shall be observed, to
the satisfaction of the Emigration Officer-

(1) provisions, fuel and water shall be placed on board,-of good
quality, properly packed and sufficient for the use and consumption
of the emigrants, over and above the victualling of the crew, during
the intended voyage, according to the following scales-
Scale for Chine8e.
per day.
Rice or bread stuffs ........1 1/3 lb.
Dried and/or salt fish .......l/3 lb.
Chinese condiment and curry stuffs 1 oz.
Fresh vegetables, which keep

for short voyages, such as sweet 1 1/3 lb.
potatoes, turnips, carrots and
pumpkins ..........
Firewood ..................2 lb.
Water (to be carried in tanks or sweet
casks) ....................1 gallon.
Scale for Indians.
per day.---
Atta or rice ..............1 2/3 lb.
Fresh vegetables which will keep
for short voyages, such as sweet
potatoes, onions, turnips, carrots and
pumpkins ............. 3/4 lb.
Ghee ....................... ................ 4 oz.
Salt ........................ 1/2 oz.
Sugar .....................2 oz.
Tea ....................... 1/3 oz.
Chillies .................. 1/6 oz.
Turmeric.................................................................. 1/6 oz.





Garlic ................... 1/6 oz.
Ginger .................... 1/3 oz.
Firewood ..................2 lb.
Water .....................1 gallon.

(2) the last preceding condition as to provisions shall be deemed
to have been complied with in any case where by the special authority
of the Emigration Officer any other articles of food have been sub-
stituted for the articles enumerated in the foregoing scale, as being
equivalent thereto; and

(3) the emigrants may supply their own provisions for the voyage,
and proper accommodation for the stowage and sufficient cabooses for
the cooking of such provisions must be allowed.

8. The Emigration Officer shall not give his certificate unless he
is satisfied-

(1) 'that the ship is seaworthy, clean and properly manned,
equipped, fitted, lighted and ventilated, and has not on board any
cargo likely from its quaiity or mode of stowage to prejudice the health
or safety of the emigrants;

(2) that suitable medicines and medical stores, provisions, fuel
and water have been placed on board, of good quality, properly packed
and sufficient in quantity to supply the emigrants on board during the
intended voyage;


(3) that all the requirements of the Asiatic Emigration Ordinance,
1915, have been complied with; and

(4) that the intending emigrants who are males under the age of

sixteen years or females have been passed by the Secretary for Chinese
Aflairs.

9. The Emigration Officer may at any time enter and inspect the
ship and the accommodation, provisions and stores provided for the
emigrants, and may require the master or any other person to produce
the licence and the ship's papers for his inspection, and if he thinks
necessary after inspecting the ship's papers, he may muster and
inspect the emigrants.

10. The Emigration Officer may in all cases, if any of the
emigrants are in bad health or insufficiently provided with clothing
or if there is reason to suspect that fraud or violence has' been
practised in their collection or embarkation, detain the ship and, if he
thinks fit, order all or any ofthe emigrants to be relanded.

11. The Emigration Officer may, if he thinks fit, before granting
his certificate employ any duly qualified medical practitioner, master
mariner, marine surveyor or other person whose professional assistance
and advice, he may require for the, purpose of ascertaining whether
the requirements of the Asiatic Emigration Ordinance, 1915, have





been duly complied with, and the costs and charges of obtaining
such assistance and advice shall be defrayed by the owners or
charterers of the ship, whether the Emigration Officer grants his
certificate or not.

12. The Governor in,Council shall from time to time fix a reason-
able scale of fees and charges, to be approved by one of His Majesty's
Principal Secretaries of State, for the remuneration of any profes-
sional persons who may be employed under regulation 11 of these
regulations, and pending the approval or disapproval of such scale
the fees and charges therein. specified shall be payable as if the same
had been approved in manner aforesaid.

13. The owners or charterers of every ship shall pay such fees
for the remuneration of the Emigration Officer as may from time to
time be ordered under instructions from one of His Majesty's Principal
Secretaries of State, and until and subject to such instructions the
following fees shall be payable in addition to all fees and charges
payable under regulation 1.2 of these regulations-


upon every application for a certificate $25:

Provided that for an Emigration Officer's certificate delivered at
a second port on the same voyage for a ship which has already received
a certificate at the first port the fee shall be only $12.50: Provided
also always that no fees be payable to the Emigration Officer of this
Colony, but in lieu thereof the following stamp duties are hereby
imposed: that is to say-
1. upon every application for a certificate under
regulation 2, a stamp duty of ......$ 1

2. upon every certificate granted under regulati on
1, a stamp..............duty of ....................................... $ 1
and any Ordinance for the time being in force relating to stamps shall
be read as if the stamp duties hereby imposed were inserted in the
Schedule thereof.

14. In case default is made by the owners or charterers of the
ship in the payment of any fees, costs or charges to which they may
be liable under the Asiatic Emigration Ordinance, 1915, and these
regulations, the ship may be detained by the British consul, or if in
this Colony by the Governor, until such fees, costs and charges shall
have been paid.

15. The Emigration Officer may withhold his certificate or revoke
the same at any time before the departure of the ship'if it appears to
his satisfaction that any particulars contained in the application in
writing which has been made for the same, or any other particulars
which may have been furnished to him by or on behalf of the owners,
charterers or master, of the ship in relation thereto, are untrue, or






that the requirements of the Asiatic Emigration Ordinance, 1915,
have not been complied with; and in every such case it shall be lawful
for the British consul, or if in this Colony for the Governor, to seize
and detain the ship until the certificate, if already granted, has been
delivered up to be cancelled.
16. The master of every emigrant ship, being a British ship and
proceeding on any short voyage, shall during the whole of the intended
voyage make issues of provisions, fuel and water according to the
aforesaid scale to all the emigrants except' such as have supplied
themselves therewith, and shall not make any alteration, except for
the manifest advantage of the emigrants, in respect of the space
allotted to them as aforesaid or in respect of the means of ventilation,
and shall not ill-use the emigrants or require them (except in case
of necessity) to help in working the ship; and shall issue medicines
and medical comforts, as may be requisite; and shall calL at such
ports as may be mentioned in the Emigration Officer's clearing
certificate for fresh water and other necessaries; and shall carry the
emigrants without unnecessary delay to the destination to which they
are bound.
17. Before the arrival of any such British ship at the port for
which the emigrants have embarked, the master shall cause the
emigrants to be mustered for the purpose of ascertaining that there
are none on board who are not in possession of an emigration passage
ticket and included in the Emigration Officer's certificate and detailed
list of emigrants; if any such are found it shall be the duty of the
master to hand them over to the proper authority to, be dealt with
according to law.
18.-(1) The master of every such British ship shall, within
twenty-four hours after his arrival at the port of destination and at
any port of call, produce his emigration papers to the British consul,
if any, at such port, or if such port is in His Majesty's dominions,
then the master of such ship shall produce the said papers to any
officer appointed or authorized by the local Government in that behalf.
(2) It shall be lawful for such consul or other officer to enter and
inspect such ship, and in case the master obstructs ot refuses to assist
him in the discharge of such duty or without reasonable cause fails
to produce his emigration papers as aforesaid, he shall be liable to a
fine of five hundred dollars and the ship. may be detained by the
British consul or, if in His Majesty's dominions, by the local Govern
ment, until such fine has been paid and the emigration papers have
been given up.
19. In all ports and places where no Emigration Officer has been
appointed, the British consul shall, until such appointment and at
all times during the vacancy of such office, be deerned to be the
Emigration Officer for the purposes of these regulations,
.






20. All emigrant ships must be provided with boats and life-
saving appliances in accordance with the provisions of Table A of
the Regulations under the Merchant Shipping Ordinance, 1899, as if
.they were * seagoing ships having passenger certificates under section
10 of the* said Ordinance, and every emigrant ship shall carry a fire
engine or force pump with sufficient hose to reach fore and aft
at least three dozen fire buckets.

Appendix. [reg. 1.]

Form of Emigration Officer's certificate.

I, A.B., Emigration Officer at, the port of do
hereby certify as follows-

(1) that the ship C.D., master, of
the port of is within the provisions of an Ordinance of
the legislature of Hong Rong, intituled the Asiatic Emigration Ordin-
ance, 1915, and that the said ship is authorized to proceed to sea from
the port of for the, port of

(2) that the ship is authonized to carry adult
emigrants and that there are on board[if any are emigrants
carried as deck passengers, add: of whomare, emigrants
carried as deck passengers] making in all adult emigrants,
namely, men, women,male children, and
. female children, such children being between the ages of
one and twelve years;

(3) that the ship is in a state of perfect cleanlineas;

(4) that the space set apart and to be, kept clear for the use of
such emigrants is as follows-on the upper deck superficial
feet, being [describe space] and in the between deck
superficial feet, being [describe space];

(5) that the ship is seaworthy and properly manned, equipped,
fitted, lighted and ventilated, and has not on board any cargo likely
from its quality, quantity or mode of stowage to prejudice the health
or safety of the emigrants. The means of ventilating the emigrants'
accommodation between decks are as follows-[ describe, space];

(6) that suitable medicines and stores, provisions, fuel and water,
have been placed on board, of good quality, properly packed and
sufficient in quantity to supply the emigrants on board during the
intended voyage;

(7) that all the conditions and requirements of the said Ordinance
have been duly complied with;






(8) that none of the Said emigrants is under any contract of
service. whatever, and that no fraud appears to have been practised in
collecting such emigrants;

(9) that the intending emigrants who are males under the age of
sixteen years or females have been passed by the Secretary for Chinese
Affairs; and

(10) that the master of the ship is to put into for
water and fresh vegetables.
Dated the day of ,19
(Signed) A.B.,
Emigration 6fficer at the port of

FIFTH SCHEDULE. Is. 22 (2).]

REGULATIONS RESPECTING SHIPS UNDER SPECIAL LICENCE
ON SHORT VOYAGES.

1. No ship licensed under special licence under the provisions of
the Asiatic Emigration Ordinance, 1915, shall clear out or proceed to
sea until the master thereof has received from the Emigration Officer
a copy of these regulations, and a, certificate in the form contained in
the First Schedule to the said Ordinance, which copy and certificate,
with any documents to be attached thereto, shall be signed by the
Emigration Officer, nor until the master has, with two sufficient
sureties to be approved by the Emigration Officer, entered into a joint
and several bond in the sum of one thousand pounds to His Majesty,
His Heirs and Successors, in the form contained in the Second
Schedule to the said Ordinance.
2. The following conditions as to the accommodation of emigrants
shall be observed-

(1) the Space appropriated to the emigrants between decks shall
be properly entilated and shall contain at the least 9 superficial and
54 cubic feet of space for every adult emigrant on board, that is to
say, for every emigrant above 12 years of age and for every 2 emigrants

between 1 and 12 years of age; the height between decks shall be at
least 6 feet.;
(2) the accommodation for female emigrants between decks shall
be separate from that provided for male emigrants;
a space of 4 superficial feet per adult shall be left clear on the
upper deck for the use of ernigrants; and
As amended by Law Rev. Ord., 1939, Supp. Sched.







(4) a reasonable space shall be set apart as a sick-bay, and
sufficient latrines, both as to condition and number, shall be provided
in suitable parts of the ship.

3. Emigrants may be carried as deck passengers, at seasons
allowed by law, on such conditions as may from time to time be

prescribed under instructions from one of His Majesty's Principal
Secretaries of State and, until and subject to such instructions,' on the
conditions following-

(1) a suitable awning with screens shall be provided on ' deck,
sufficient.for the protection of such emigrants carried as deck. passen-
gers from the sun and from rain;

(2) the space appropriated to such emigrants carried as deck
passen lers shall contain at the least 16 superficial feet for every adult,
that is to say, for every emigrant above 12 years of age and for every 2
emigrants between 1 and 12 years of age;

(3) in case emigrants are carried as deck passengers in addition to
other emigrants for whom accommodation between decks is provided,
the space to be appropriated for such emigrants carried as deck
passengers shall be reckoned exclusively of the space of 4 superficial
feet per adult required to he left clear on the upper deck for the use
of such other emigrants; and

(4) a medical officer and interpreter duly approved by the
Emigration Officer shall be carried where the number of emigrants on
4. The following conditions as to provisions shall be observed-

,Provisions, fuel and water shall be placed on board, of good
quality,. properly packed and sufficient for the use and consumption of
the emigrants, over and above the victualling of the crew, during the
intended voyage, according to the following scales-
Scale for Chinese.
per,day.
Rice or bread stuffs ......1 1/3 lb.
Dried and/or salt fish ....l/3b.
Chinese condiments and curry stuff 1 oz.
Fresh vegetables which will keep
for short voyages, such as sweet
potatoes, turnips, carrots and
pumpkins .............1 1/3 lb.
Firewood ..................2 lb.
Water (to be carried in tanks or sweet
casks) ....................1 gallon.
or according to a scale at least equivalent to the
foregoing.







Scale for Indians.
per day.

Atta or rice......................................... . 1 2/3 lb.
Fresh vegetables which will keep
for short voyages, such as sweet
potatoes, onions, turnips,; carrots and
pumpkins ......... 3/4 lb.
Ghee ......................4 oz.
Salt . .................................................................. 1/2 oz.
Sugar .....................2 oz.
Tea ....................... 1/3 oz.
Chillies.................................... 1/6 oz.
Turmeric ........................... 1/6 oz.
Garlic ...................... 1/6 oz.
Ginger ...................... 1/3 oz.
Firewood ..................2 lb.
Water ......................1 gallon.

(1) The Emigration Officer may at any time enter and inspect
the ship. and the accommodation,, provisions and stores provided for
the emigrants, and may require the master or any other person to
produce the licence and the ship's papers for his inspection and, if
he thinks necessary after inspecting the ship's papers, he may muster
and inspect the emigrants.

(2) If in any such case the Eniigration Officer discovers that the
number of emigrants on board or intended to be carried upon that
voyage exceeds the.number authorized by the licence, or that. any
condition of the licence or any of'these regulations has been broken,
he may detain the ship until the emigrants in excess of the legal
number are landed or until the condition of the licence or the
regulation in question is fully complied with, and he shall forthwith
report the circumstances to the Governor.

6. The master of every British ship shall, on demand, produce
his emigration papers to the British consul at any port to which the
licence extends or, in case such port is in His Majesty's dominions,
to any officer appointed or authorized by the local Government in that
behalf.

7. All emigrant ships must be provided with boats and life-saving
appliances in accordance with the provisions of Table A of the
Regulations under the Merchant Shipping Ordinance, 1899, as if they
were seagoing ships having passenger certificates under section 10
of the said Ordinance, and every, emigrant ship shall carry a fire
engine or force pump with sufficient hose to reach fore and aft and
at least three dozen fire buckets.







SIXTH SCHEDULE. Is. 22 (3).]

REGULATIONS RESPECTING SHIPS UNDER LICENCE ON LONG VOYAGES.

1. No emigrant ship licensed under the provisions of the Asiatic
Emigration Ordinance, 1915, shall clear out or proceed to sea on any
long voyage unless the master thereof has received from an
Emigration Officer a copy of these regulations and a certificate in
the form provided in Schedule B to the Act, nor until the master has
entered into a bond in the form provided in Schedule C to the Act.

2. No Emigration Officer shall be bound to give such certificate
until seven days after receiving from the owners or charterers of the
ship, or if they are absent from their'respective agents, an application
in writing for the same and a notice that the ship is laid on for notice
conveyance of emigrants and of her destination and date of sailing, requisite.
nor unless there are on board a medical officer and interpreter duly
approved of by.such Einigratiern Officer.

3. After receiving such application and notice the Emigration Inspection
Officer and any person authorized by him in that behalf shall be at of ship.
liberty at all times to enter and inspect the ship and the fittings,
provisions and stores therein and any person impeding such entry or
inspection or refusing to allow the same shall be liable to a penalty
not exceeding one hundred dollars for each offence.

4. The following conditions as to the accommodation of emigrants
shall be observed to.the satisfaction of the Emigration Officer-

(1) that the ship is seaworthy and properly manned, equipped,
fitted, lighted and ventilated, that She is in a state of perfect clean-
liness and that she has if necessary been disinfected;
(2) that the space appropriated to the emigrants between decks
contains at the least 12 superficial and 72 cubic feet of space for
every adult on board, that is to say, for every emigrant above 12 years
of age, and for every 2 emigrants between 1 and 12 years of age; and
the height between decks is at least 6 feet;
(3) that the accommodation for female emigrants between decks
is separate from that provided for male emigrants;
(4). that a space of 5 superficial feet per adult is left clear on the
upper deck for the use of emigrants;
(5 that sufficient latrines, both as to condition and number, are
provided in suitable parts of the ship;
(6) (a) that there is a sufficient space, properly divided off and
located to the satisfaction of the Emigration Officer.at the port of
clearance, to be ' used exclusively as a hospital which shall ' in no case
be of less dimensions than 18 clear superficial feet for every 50
emigrants whom the ship carries;
As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) that every such hospital shall be fitted with bed places and
supplied with proper beds, bedding and utensils, to the satisfaction of

the Emigration Officer at the port of clearance, and shall throughout
the voyage be kept so fitted and supplied;

(7) in the measurement of the passenger decks for the purpose of
determining the number of emigrants to be carried in any such ship the
space for the sick-bay or hospital shall not be included;

(8) that provisions, fuel and water have been placed on board, of
good quality,. properly packed and sufficient to supply the emigrants
on board during the declared duration of the intended voyage according
to the following scales-

Scale for Chinese.

Rice ............1 lb. per day.
Salt beef
Salt pork
Salt fish ....... 1/2 on alternate days.
Fresh beef or mutton, in
tins
Salted vegetables
Pickles
Fresh vegetables such as
sweet potatoes, onions,
turnips, . carrots and
pumpkins
Water ...........3 Imperial qt. per day.
Firewood ........2 lb.
Tea ............. 1/3 oz.
Lime or lemon juice, and.
sugar ...........2 oz. per. week.
Note.-Fresh vegetables to be issued during the first month of
the voyage only, unless the master shall obtain a fresh supply en
route when these articles may be again supplied in the above
proportion,
Scale for Indians.

per day.
Atta or rice ................^ 1 2/3 lb.
Fresh vegetables .............1/2 oz.
Ghee ..............4 oz.
Salt .............. oz.
Sugar .............2 oz.
Tea ............... 1/3 oz.
Chillies ..........1/6 oz.
Turmehe ........... 1/6 oz.
Garlic ............1/6 oz.
Ginger ............1/3 oz.
Water .......3 Imperial quarts.
Firewood........................... 2 lb.






























































(9) that medicines and medical comforts have been placed on board according to the following scale-

SCALE OF MEDICINES.




As amended by Proclamation Ne. 4 of 1927 [16.12.27].





SCALE OF MEDICINES,-continued..





SCALE OF MEDICINES,-continued.






DISINFECTANTS, ETC.

Commercial carbolic acid or in
lieu of this equal quantities
of Jeyes' fluid or Esset's
fluid .............10 gal. 15 gal. 15 gal. 20 gal. 25 gal.
Chloride of lime 28 lb. 42 lb. 56 lb.56 lb. 60 lb.
Sulphur for fumigation .14 18 18 20 25
Lint ......................2 2 4 4 6
Absorbent cotton wool ..... 2 2 4 4 6

INSTRUMENTS AND APPLIANCES,

*One complete amputating case of instruments.
*One pocket dressing case of instruments.
One hypodermic syringe.
*One silver catheter.
One case of gum elastic or rubber catheters
Two pairs of. dressing scissors.
One Higainson's enerma syringe.
One stomach tube with glass funnel.
One Macintyre splint.
One set of Cline's splints.
Bandages, leg and arm, 2 dozen.
Bandages, flannel, 2
Bandages, triangular, 1
Calico for bandages, 3 yards.
Flannel for bandages, 3
Three 2 oz., 4 oz., and 8 oz. measure glasses.
Two. dozen medicine bottles, 6 oz. and 10 oz.
Scales and weights (grain), dispensing, one set.
One brass dressing syringe.
Two small glass syringes.
One pestle and mortar (Wedgewood).
One spatula.
Two metal or earthenware bed pans.
One spirit lamp.
One set of test tubes.
Litmus paper, 4 books.
Dispensary paper, one quire.
Blank labels, 6 dozen.
+One set of midwifery instruments including long forceps.
One female catheter and, one set of tracheotomy instruments.

Notes.

1. All volatile medicines and acids shall be put in strong
stoppered bottles, and the acids shall be carefully packed in a sniall
case with sand or sawdust.
2. Chloroform should be in blue glass bottles or covered from light
by dark paper.





3. All the drugs, etc., shall be properly labelled and the quantities
clearly marked on each article.

4. Poisons shall be specially distinguished.

5. Only to be provided if there is any person on board competent
to use them.

6. Only required if women and children accompany'the coolies.

MEDICAL COMFORTS.





(10) that all the requirements of the Asiatic Emigration
Ordinance, 1915, have been complied with; and

(11) that the intending emigrants who are males under the age
of sixteen years or females have been passed by the Secretary for
Chinese Affairs.

5. No part of the eargo or of the provisions' water or stores shall
be carried on the upper deck or oil the passetiger decks unless in the
opinion of the Emigration Officer the same is so placed as not to
impede light or ventilation or to interfere with the comfort of the
emiarants nor unless the same is stowed and secured to the
satisfaction of the Emigration Officer; and the space there occupied
or rendered unavailable for the accommodation of the emigrants
shall be deducted in calculating the space by which the number of
passengers is regulated.

6. The master of every emigrant ship, being a British ship and
proceeding on any Iong shall during the whale of the intended
voyage make issues of provisions, fuel and water according to the
aforesaid scale and shall not make any alteration, except for the
manifest advantage of the emigrants, in respect of space allotted thern
as aforesaid or in respect of the means of ventilation, and shall not
ill-use the emigrants or require them (except in case of necessity) to
help in working the vessel; and shall issue medicines and medical
comforts as shall be requisite to the best of his judgment, and shall





call at such ports, as may be mentioned in the Emigration Officer clearing
certificate for fresh water and other necessaries;'- and shall carry the
emigrants without unnecessary delay to the destination to which they are
bound.

7. The Emigration Officer shall not give his certificate until he shall-
have mustered the emigrants and have ascertained to the best of his power
that they understand whither they are going. If any of the emigrants are in
bad health or insufficiently provided with clothing, or if there is reason to
suspect that fraud or violence has been practised in their collection or
embarkation, he may detain the ship and, if he shall think fit, may order all or
any of the emigrants to be relanded.

8. All emigrant ships must be provided with boats and life-saving
appliances in accordance with the provisions of Table A of the Reaulations
under the Merchant Shipping Ordinance, 1899, as if they were seagoing
ships having passenger certificates, under section 10 of the said Ordinance,
and every emigrant ship shall carry a fire engine or force pump with
sufficient hose to reach fore and aft and at least three dozen fire buckets.

9. Each emigrant ship shall carry the following.small stores

SMALL STORES.

Brooms ...........24,
Lanterns with. locks 2
Cooking spades ...3
Meat choppers ....3

Chopping boards ..3 for every 100 emigrants.
Wood choppers ....1
Rice baskets ....10
Iron dishes, 18 inches 10
'Rubbish tubs ....4

A bed, blanket and pillow for each person the hospital can
accommodate.

12 Blue lights and 12 rockets.

10. Before the Emigration Officer can muster the emigrants he must be
furnished with an emigration list in the form following

List of emigrants on board the ship .....

of the burden of tons, of which is master for the present
voyage ..........which belongs to the port of

is to sail from Hong Kong on the ....day 19
and is bound to the'final port of
consisting of . male adults .
female adults . male children and female

children under twelve years of age, making a total of *

emigrants, said steamer being entitled, under the Chinese, Passengers





Act, 1855, and the Asiatic Emigration Ordinance, 1915, to carry
........................................ emigrants.
Name of Surgeon ............
Name of Interpreter ...........................................



SUMMARY.


Total. pussengers, ................
Crew, including master and all persons on ship's articles ................
Total number of souls on board ................

Victoria, Hong Kong, the day of 19
Master ........Ship ...................................





SEVENTH SCHEDULE. [s. 31 (1).]

FORM OF EMIGRATION PASSAGE BROKER'S ANNUAL BOND,
WITH TWO SURETIES TO BE APPROVED BY THE'
SECRETARY FOR CHINESE AFFAIRS.

Know all men by these presents, that we, A.B_* of
C.D., of , and E.F., of
are held and firmly bound unto Our Sovereip Lord King George VI

in the sum of five thousand dollars, to be paid to Our said Sovereign
Lord the King, His Heirs and Successors; to which payment well
and truly to be made we bind ourselves, and every of us jointly and
severally, our heirs, executors -and administrators, and the heirs,
executors and administrators of each of us, and each and every of
them, firmly by these presents, sealed with our seals.

Dated this day of 19

WHEREAS by the Asiatic Emigration Ordinance, 1915, it is
amongst other things enacted that no person shall carry on the
business of a passagt broker in Hong Kong, in respect of any
emigrant ship, or shall be in anywise concerned in the sale or letting
of passages in any such ship, unless such person has, with two good
and sufficient sureties to be approved of by the Secretary for Chinese
Affairs, previously entered into a joint and several bond to His
Majesty, His' Heirs and Successors, in the sum of five thousand
dollars; AND WHEREAS the said C.D. and E.F. have been approved of
by the Secretary for Chinese Affairs as sureties for the said A.B.

Now the condition of this obligation is that if the above-bounden
A.B. shall well and truly. observe and comply with all the require-
ments of the said recited Ordinance, so far as the same relate to
passage brokers, and further, shall well and truly pay all fines,
forfeitures and penalties and also all sums of money, by way of
subsistence money, or of return passage money, and compensation
to any passenger or on his account, and also all costs Which the
above-bounden A.B. may at any time he adjudged to pay under or
by virtue of any of the provisions of the said recited Ordinance or
of the Chinese Passengers Act, 1855, of the Imperial Parliament,
then and in Such case this obligation to be void, otherwise to remain
in full force.

Signed, sealed and delivered, by
the above-bounden A.B., C.D.,
and E.F., in the presence of*





EIGHTH SCHEDULE. [s.32.]

FORM OF EMIGRATION PASSAGE BROKER'S LICENCE.

A.B., + of having shown to the satisfaction.of me, the
undersigned, that he has given bond to His Majesty, as by the
Asiatic Emigration Ordinance, 1915, is required: 1, the undersigned,
do hereby license and authorize the said A.B. to carry on the
business of a passage broker in Hong Kong, in respect of emigrants
on board emigrant ships proceeding from Hong Kong, until the end
of the present year and fourteen days afterwards, unless this licence
is sooner determined by forfeiture for misconduct on the part of the
said A.B. as in the aforesaid Ordinance is provided.

Given under my hand and seal this day of ,19


(Signed)

[ L.S.]

Secretary for Chinese Affairs.

NINTH SCHEDULE. [s. 32.]

FORM OF NOTICE TO BE GIVEN TO THE SECRETARY FOR CHINESE
AFFAIRS OF THE FORFEITURE OF A LICENCE.

Hong Kong, 19

Sir,-This is to give you notice that the licence granted on the
day of 19 , to A.B.,* of
to act as an emigration passage broker, was on the day of
19 duly declared by me the undersigned
magistrate to be forfeited.f

(Signed)

Magistrate.

To the Honourable the Secretary for Chinese Affairs;





TENTH SCHEDULE. Is. 36 (2).]

FORM OF PASSAGE TICKET..

I hereby engage that the Asiatic named at foot hereof shall be
provided with a passage to, and shall be landed at the port of
in in the' ship called
the with not less than 72 cubic feet and
12 superficial feet for berth accommodation, or in the case of a ship
with a special licence, 54 cubic feet and 9 superficial feet, and shall
be victualled according to.legal requirements during the voyage and
the term of detention at any place before its determination, for the
sum of . . dollars, and I hereby acknowledge to have
received the sum of dollars in full payment.

Victoria, Hong Kong, the day of 19

(Signed)

Passage broker,

I hereby certify that I have explained and registered the above
passage ticket.

Victoria, Hong Kong, the day of 19

(Signed)

Secretary for Chinese. Affairs.

Note.-Should the above-named ship not be able to proceed on
the proposed voyage, a passage is to be provided in some other ship
licensed for the conveyance of emigrants.







ELEVENTH SCHEDULE. [s. 10 (2).]

FORMS OF LICENCE.

General licence.
Audit No . ............

....................G. R.'
......Asiatic Emigration Ordinance, 1915.
...............General licence.
......(Ordinance No. 30 of 1915, s. 13.)
.WHEREAS .....have applied for a

general licence in respect of' the ship ........................................
and have furnished the particulars required by or under the provisions
of the Asiatic Emigration Ordinance,. 1915, AND WHEREAS the master
of the said ship has entered into the bond required by the said
Ordinance NOW THEREFORE I

Governor and Commander-in-Chief of the
Colony of Hong Kong and its Dependencies and Vice-Admiral of the Same
DO HEREBY GRANT to the said ship a general licence for (a) ......

......................... . to carry any number of free

emigrants not exceeding between the 1st day of June

and the 15th day of October in any year and not exceeding .... *---*---.
between the'16th day of October and the. 31st day of May in any year
subject to all the conditions and provisions imposed, by the said
Ordinance and by the Chinese Passengers Act, 1855, and subject 'also
to the following conditions (b) ....................................................

.....................................

Dated the day of 19

Governor.
Fee: $15.00.

(Counterfoil.)

Audit No . ............

Asiatic Emigration Ordinance, 1915.
General licence.
(Ordinance No. 30 of 1915, s. 13)
Narne of ship .........................................................................

Nationality of ship ................................... 1

Name of owners, charterers or agents ..........................................

...................................... ...............





Maximum number of emigrants-
1st June to 15th October ....................................................
16th October to 31st May ....................................................

Fee: $15.00 received.

.............

Date of issue 19
Reference-
Harbour Master Letter No. (Emigration) dated 19

Special licence.
Audit.......No . ............
.......G. R.

Asiatic Emigration Ordinance, 1915.

..................Special licence.
..................(Ordinance No. 30 of 1915, s. 14.)
WHEREAS .......... have applied for a

special licence in respect of the ship ..........................................
and have furnished the particulars required by or under the provisions
of the Asiatic Emigration Ordinance, 1915, AND WHEREAS the master
of the said ship has entered into the bond required by the said
Ordinance NOW THEREFORE

Goveynor and Comm ander- in- Chief of the
Colony of Hong Kong and its Dependencies and Vice-Admiral of the
Same DO HEREBY,GRANT, to the said ship a special licence for (a) .......
....... ... to carry any number of free
emigrants not exceeding .between
and ......subject to all the conditions and provisions imposed
by the said Ordinance and by the Chinese Passengers Act, 1855, and
subject also to the following conditions (b) .................................

.......................................................................................

Dated the day of

Governor.

Fee: $15.00.





(Counterfoil.)

Audit No. . .............

Asiatic Emigration,Ordinance, 1915.
Special licence.
(Ordinance No. 30 of 1915, s. 14.)
Name of ship .......................................
Nationality of ship ...................................................................
Name of owners, charterers or agents ...........................................
.............................................................. .........
Maximum number of emigrants ............................
Period or number of voyages .....................................................
Ports between which ship may ply .............................................

Fee: $15.00 received.

..............
Shroff.

Date of issue 19

Reference-

Harbour Master Letter No. dated 19

Outport licence.

Chinese Passengers Act,,
Asiatic Emigration Ordinance, 1915, (Hong Kong).
Outport licence.
(Hong Kong Ordinarice No. 30 of 1915, s. 12)

WHEREAS ..............have applied for an outport
licence in respect of the ship ....................................................
and have furnished the particulars required by or under the provisions
of the Asiatic Emigration Ordinanee, 1915, AND WHEREAS the master
of the said ship has entered into the bond required by the said
Ordinance NOW THEREFORE I .......
Emigration Officer at the port of ....................................
DO HEREBY GRANT to the said ship an outport licence to carry any
number of free emigrants not exceeding on a voyage from





....................to subject to all the conditions and
provisions imposed by the said . Ordinance and by the Chinese
Passengers Act, 1855, and subject also to the following conditions-

(1) The said ship shall clear qut and proceed to sea before .........

(2) (a)

Dated the day of 19

Emigration Offcer at the port of ........................

Fee: $5.00.

(Counterfoil.)

Chinese Passengers Act, -1855.
Asiatic Emigration Ordinance, 1915, (Hong Kong).

Outport licence.

(Hong Kong Ordinance No. 30 of 1915, s.12.)

Port...............................................................................................
Name of ship ...........................................................................
,Nationality of ship ......

Name of owners, charterers or agents .........................................
............
Maximum number of emigrants ..................................................
Destination ........................
Period. within which ship must clear out and proceed. to sea ............
.....................

Fee., $5.00 received.

Date of issue 19

No. 31 of 1915, incorporated in No. 58 of 1911
.repealed by No. 39.Of 1932.
[Originally No. 30 of 1915. Law Rev. Ord., 1939. 18 & 19 Vict. C. 104. Short title. Interpretation. Act. Assisted emigrant. Emigrant. Emigrant ship. Emigration Officer. Free emigrant. General licence. Hong Kong emigrant ship. Long voyage. Master. Outport emigrant ship. Outport licence. Passenger [cf. No. 10 of 1899, s. 2(f).] Ship. Short voyage. Special licence. Voyage from the Colony to other port whence emigration voyage commences. Chinese Passengers Act, 1855, operative except where expressly modified by this Ordinance. Legislation specially authorized by the Act. Substitution of provisions of Ordinance for Schedule A to the Act : i.e. the regulations as to ships and emigrants. Substitution in certain cases of special form of Emigration Officer's certificate for Schedule B to the Act. First Schedule. Substitution of a form of bond for Schedule C to the Act. Second Schedule. Exemption of Asiatics travelling 1st or 2nd class on mail or other approved ship. Master emigrant ship to re-port ship's arrival in waters of the Colony. Notice of intended voyage to be given to Emigration Officer. No emigrant ship to go to sea without certificate. 9 cf. No. 10 of 1899, s. 10 (12) (b).] Form of certificate. First Schedule. No certificate to be granted and no emigrant ship to go to sea without licence. Licence : different kinds of: General. Special. Outport. Forms of licence. Eleventh Schedule. General of special licence : time and mode of application for. Outport licence : time and mode of application for. General licence : power of Governor to grant. Special licence : power of Governor to grant. Issue of licence discretionary. Conditions precedent to issue of licence. Second Schedule. Third Schedule. Emigrant ship to carry only free emigrants. Limitation on number of passengers to be carried by any ship with a special licence. Period to be fixed for clearance in outport licence. Revocation of licence. Power to remove master or other officer. Ships under general or outport licence for short voyage subject to regulations in Fourth Schedule. Ships under special licence for short voyage subject to regulations in Fifth Schedule. Ships licensed for long voyage subject to regulations in Sixth Schedule. Power to Governor in Council to exempt wholly or partly from Part III approved assisted emigrants. Power to Governor to appoint medical officers. No ship to proceed to sea without medical certificate of health. Medical inspection : where and when held. Medical inspection of assisted emigrants. Time for medical inspection after embarkation. Fees of medical officer. Right of Chinese medical practitioner to be surgeon of ship. Prohibition of person acting as passage broker without having entered into bond and obtained licence. Seventh Schedule. Mode of obtaining passage broker's licence, and forfeiture thereof. Eighth and Ninth Schedules. Fee to be paid for licence. Duration of licence. Giving of notice of contract with emigrant to Secretary for Chinese Affairs and Emigration Officer. Giving of contract ticket for passage. Tenth Schedule. Production to Secretary for Chinese Affairs of certificate of chartering ship for carrying emigrants. Explanation of passage ticket to emigrant. Prohibition of alteration of passage ticket. Authority of passage broker to act as agent. Power to land emigrant who is unwilling to leave port. and who has been procured by fraud. Prohibition of emigrant embarking otherwise than from licensed boarding-house. Licensing of boarding-houses. Power to make rules for boarding-houses. Furnishing return of particulars of emigrants before embarkation. Furnishing photographs of certain emigrants. Employment of photographers. Penalty for contravention of Ordinance. Penalty for contravention of regulations. Penalty for contravention of section 6. Penalties : fraudulent use of certificate ; counter-feiting certificate; fraudulent inducement to emigrate; Penalty for improperly obtaining emigrant. [cf. No. 41 of 1932, s.89.] Penalty for personation of emigrant. Penalty for contravention of rule made under section 44, furnishing false return, fraudulent shipment, etc. General penalty. Application of penalty for breach of the Ordinance recoverable under the Act. Particulars under section 16 may be required to be given under oath. Use of forms. Schedules. [ss. 4 (3), 16.] [s. 16.] (a) Insert 'general,' 'special,' or 'outport.' (b) State period, number of voyages, or voyage. (c) Strike out all but one. (d) Insert name. (e) Insert address and description (e.g.'merchant'.) Prohibition of ship departing without certificate. Application for certificate and notice. [Fourth Schedule contd.] Inspection of ship. Accommodation of emigrants. Stowage of cargo, provisions, etc. Conditions as to carriage of emigrants as deck passengers. [Fourth Schedule contd.] Conditions as to provisions. [Fourth Schedule contd.] Conditions precedent to grant of certificate. Power of Emigration Officer. Detention of ship if any emigrants ill or in certain other circumstances. Power to employ medical men, marine surveyors and others. [Fourth Schedule contd.] Fees of professional persons employed. Fees of Emigration Officer. Ordinance No. 8 of 1921. Power to detain ship for non-payment of fees, etc. Withholding of certificate, etc., in case of false particulars furnished. [Fourth Schedule contd.] Treatment of emigrants at sea. Mustering of emigrants by master. Production of emigration papers at port of destination. British consul deemed Emigration Officer where no such officer is appointed. [Fourth Schedule contd.] Life-saving and fire appliances. Ordinance No. 10 of 1899. [reg. 1.] [Fourth Schedule Appendix contd.] Prohibition of ship departing without certificate. Accommodation of emigrants. [Fourth Schedule contd.] Conditions as to carriage of emigrants as deck passengers. Conditions as to provisions. [Fifth Schedule contd.] Powers of Emigration Officer. Production of emigration papers at port of destination. Life-saving and fire appliances. Ordinance No. 10 of 1899. Prohibition of ship departing without certificate. Application for certificate and notice requisite. Inspection of ship. Accommodation of emigrants. [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule, reg. 4 (9) - contd.] [Sixth Schedule, reg. 4 (9) - contd.] [Sixth Schedule, reg. 4 (9) - contd.] [Sixth Schedule, reg. 4 (9) - contd.] Stowage of cargo, provisions, etc. Treatment of emigrants at sea. [Sixth Schedule contd.] Mustering of emigrants by Emigration Officer. Life-saving and fire appliances. Ordinance No. 10 of 1899. Small stores. List of emigrants. [Sixth Schedule, reg. 10 - contd.] * Insert personal and family names in full, with the occupation and address of each of the parties. *Insert the names and addresses in full of the witnesses. The personal and family names in full of the person applying for the licence, with his address and trade or occupation, must be correctly inserted. *The personal and family names in full, with the address and trade or occupation of the party, to be here inserted. Here state severally the reasons for forfeiture. (a) Mention the period, number of voyages, or specified ports, as the case may be, in accordance with section 13 of the Ordinance. (b) Here add any other conditions prescribed under section 16 (d) of the Ordinance. [Eleventh Schedule contd.] (a) Mention the period or number of voyages, as the case may be, in accordance with section 14 of the Ordinance. (b) Here add any other conditions prescribed under section 16 (d) of the Ordinance. [Eleventh Schedule contd.] [Eleventh Schedule contd.] (a) Here add any other conditions prescribed under section 16 (d) of the Ordinance.

[Originally No. 30 of 1915. Law Rev. Ord., 1939. 18 & 19 Vict. C. 104. Short title. Interpretation. Act. Assisted emigrant. Emigrant. Emigrant ship. Emigration Officer. Free emigrant. General licence. Hong Kong emigrant ship. Long voyage. Master. Outport emigrant ship. Outport licence. Passenger [cf. No. 10 of 1899, s. 2(f).] Ship. Short voyage. Special licence. Voyage from the Colony to other port whence emigration voyage commences. Chinese Passengers Act, 1855, operative except where expressly modified by this Ordinance. Legislation specially authorized by the Act. Substitution of provisions of Ordinance for Schedule A to the Act : i.e. the regulations as to ships and emigrants. Substitution in certain cases of special form of Emigration Officer's certificate for Schedule B to the Act. First Schedule. Substitution of a form of bond for Schedule C to the Act. Second Schedule. Exemption of Asiatics travelling 1st or 2nd class on mail or other approved ship. Master emigrant ship to re-port ship's arrival in waters of the Colony. Notice of intended voyage to be given to Emigration Officer. No emigrant ship to go to sea without certificate. 9 cf. No. 10 of 1899, s. 10 (12) (b).] Form of certificate. First Schedule. No certificate to be granted and no emigrant ship to go to sea without licence. Licence : different kinds of: General. Special. Outport. Forms of licence. Eleventh Schedule. General of special licence : time and mode of application for. Outport licence : time and mode of application for. General licence : power of Governor to grant. Special licence : power of Governor to grant. Issue of licence discretionary. Conditions precedent to issue of licence. Second Schedule. Third Schedule. Emigrant ship to carry only free emigrants. Limitation on number of passengers to be carried by any ship with a special licence. Period to be fixed for clearance in outport licence. Revocation of licence. Power to remove master or other officer. Ships under general or outport licence for short voyage subject to regulations in Fourth Schedule. Ships under special licence for short voyage subject to regulations in Fifth Schedule. Ships licensed for long voyage subject to regulations in Sixth Schedule. Power to Governor in Council to exempt wholly or partly from Part III approved assisted emigrants. Power to Governor to appoint medical officers. No ship to proceed to sea without medical certificate of health. Medical inspection : where and when held. Medical inspection of assisted emigrants. Time for medical inspection after embarkation. Fees of medical officer. Right of Chinese medical practitioner to be surgeon of ship. Prohibition of person acting as passage broker without having entered into bond and obtained licence. Seventh Schedule. Mode of obtaining passage broker's licence, and forfeiture thereof. Eighth and Ninth Schedules. Fee to be paid for licence. Duration of licence. Giving of notice of contract with emigrant to Secretary for Chinese Affairs and Emigration Officer. Giving of contract ticket for passage. Tenth Schedule. Production to Secretary for Chinese Affairs of certificate of chartering ship for carrying emigrants. Explanation of passage ticket to emigrant. Prohibition of alteration of passage ticket. Authority of passage broker to act as agent. Power to land emigrant who is unwilling to leave port. and who has been procured by fraud. Prohibition of emigrant embarking otherwise than from licensed boarding-house. Licensing of boarding-houses. Power to make rules for boarding-houses. Furnishing return of particulars of emigrants before embarkation. Furnishing photographs of certain emigrants. Employment of photographers. Penalty for contravention of Ordinance. Penalty for contravention of regulations. Penalty for contravention of section 6. Penalties : fraudulent use of certificate ; counter-feiting certificate; fraudulent inducement to emigrate; Penalty for improperly obtaining emigrant. [cf. No. 41 of 1932, s.89.] Penalty for personation of emigrant. Penalty for contravention of rule made under section 44, furnishing false return, fraudulent shipment, etc. General penalty. Application of penalty for breach of the Ordinance recoverable under the Act. Particulars under section 16 may be required to be given under oath. Use of forms. Schedules. [ss. 4 (3), 16.] [s. 16.] (a) Insert 'general,' 'special,' or 'outport.' (b) State period, number of voyages, or voyage. (c) Strike out all but one. (d) Insert name. (e) Insert address and description (e.g.'merchant'.) Prohibition of ship departing without certificate. Application for certificate and notice. [Fourth Schedule contd.] Inspection of ship. Accommodation of emigrants. Stowage of cargo, provisions, etc. Conditions as to carriage of emigrants as deck passengers. [Fourth Schedule contd.] Conditions as to provisions. [Fourth Schedule contd.] Conditions precedent to grant of certificate. Power of Emigration Officer. Detention of ship if any emigrants ill or in certain other circumstances. Power to employ medical men, marine surveyors and others. [Fourth Schedule contd.] Fees of professional persons employed. Fees of Emigration Officer. Ordinance No. 8 of 1921. Power to detain ship for non-payment of fees, etc. Withholding of certificate, etc., in case of false particulars furnished. [Fourth Schedule contd.] Treatment of emigrants at sea. Mustering of emigrants by master. Production of emigration papers at port of destination. British consul deemed Emigration Officer where no such officer is appointed. [Fourth Schedule contd.] Life-saving and fire appliances. Ordinance No. 10 of 1899. [reg. 1.] [Fourth Schedule Appendix contd.] Prohibition of ship departing without certificate. Accommodation of emigrants. [Fourth Schedule contd.] Conditions as to carriage of emigrants as deck passengers. Conditions as to provisions. [Fifth Schedule contd.] Powers of Emigration Officer. Production of emigration papers at port of destination. Life-saving and fire appliances. Ordinance No. 10 of 1899. Prohibition of ship departing without certificate. Application for certificate and notice requisite. Inspection of ship. Accommodation of emigrants. [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule, reg. 4 (9) - contd.] [Sixth Schedule, reg. 4 (9) - contd.] [Sixth Schedule, reg. 4 (9) - contd.] [Sixth Schedule, reg. 4 (9) - contd.] Stowage of cargo, provisions, etc. Treatment of emigrants at sea. [Sixth Schedule contd.] Mustering of emigrants by Emigration Officer. Life-saving and fire appliances. Ordinance No. 10 of 1899. Small stores. List of emigrants. [Sixth Schedule, reg. 10 - contd.] * Insert personal and family names in full, with the occupation and address of each of the parties. *Insert the names and addresses in full of the witnesses. The personal and family names in full of the person applying for the licence, with his address and trade or occupation, must be correctly inserted. *The personal and family names in full, with the address and trade or occupation of the party, to be here inserted. Here state severally the reasons for forfeiture. (a) Mention the period, number of voyages, or specified ports, as the case may be, in accordance with section 13 of the Ordinance. (b) Here add any other conditions prescribed under section 16 (d) of the Ordinance. [Eleventh Schedule contd.] (a) Mention the period or number of voyages, as the case may be, in accordance with section 14 of the Ordinance. (b) Here add any other conditions prescribed under section 16 (d) of the Ordinance. [Eleventh Schedule contd.] [Eleventh Schedule contd.] (a) Here add any other conditions prescribed under section 16 (d) of the Ordinance.

https://oelawhk.lib.hku.hk/items/show/1540

DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE INCORPORATION ORDINANCE, 1915

No.. 19 of 1915~ repealed by No. 3 Of 1934.
No. 20 of 1915, incoiporated in NO. 7 Of 1889.
No. 21 of 1915, incorporated in No. 3 Of 1903.

No. 22 of 1915~ incorporated in No.' 25 of 1914.
No. 23 of 1915, incorporated in No. 2 of 1889.
No. 24 of 1915, incorp.olated in No. 1 Of 1844.

No. 25 of 1915, repealed by No. 5 Of 1924.

No. 26 of 1915.

An Ordinance to provide for the incorporation of the Mother
Superioress in this Colony of the Society of the Daughters
of Charity of the Canossian Institute by which me
institution known as the. Italian Convent is carried on.

[29th October, 1915.]

1. This Ordinance may be cited asthe Daughters of Charity
of.the Canossian Institute Incorporation Ordinance, 1915.

2. The Mother Superioress in this Colony of the Society
of the Daughters of Charity of the Canossian Institute shall be
a body corporate (hereinafter called the corporation) and shall
have the name of The Mother Superioress of the Daughters of
Charity of the Canossian Institute (Hong Kong) and by that
name shall and may sue and be sued in all courts in this Colony
and shall and may have and use a common seal.





3. The corporation shall have full power-

(a) subject to the licence of the Governor having been
previously obtained in each case to acquire, accept leases of,
purchase,, take, hold and enjoy any lands, buildings, messuages
or tenements of what nature or kind soever and wheresoever
situate in this Colony;

(b) to purchase and acquire all manner of goods and
chattels whatsoever

(c) to invest moneys on mortgage of any lands, buildings,
messuages or tenements in this Colony or in or upon such
other securities or investments'as it'may think expedient;

(d) by deed under its seal or otherwise to grant, sell,
convey, assign, surrender and yield up, mortgage, demise,
reassign, transfer or otherwise deal with or dispose of any
lands, building's, messuages or tenements, mortgages, deben-
tures, securities., shares, goods and chattels for the time being
vested in it on such terms as may seem expedient to it.

4. The pieces or parcels of ground registered in the Land
Office and in the dependency of. Kowloon and at Shaukiwan and
Aberdeen in the Colony of Hong Kong as the Remaining
Portion of Sub-section 3 (or remaining portion) of Section A
of Inland Lot No. 58; the Remaining Portion of Section B of
Inland Lot No. 58; the Remaining Portion of Sub-section 1
of Section A of Inland Lot No. 148; the Remaining Portion of
Inland Lot No. 148; Inland - and Lots Nos. 578 and 1370; and as
Kowloon Inland Lots Nos*. 168, 169 and 617; and as Sowkewan
Lot No. 166 and as, Aberdeen Inland Lot No. 77, together
with all rights, easements and appurtenances , (including all
reclamation rights if any) belonging or appertaining thereto or
therewith usually held, occupied and enjoyed and together with
any encroachments 'or rights respecting encroachments in respect
thereof, are hereby transferred to and vested in the corporation
subject to the payment of the rents and the performance of the
covenants and conditions reserved by and contained in the
Crown leases and extension of Crown leases thereof or in any
licences relating thereto.

5. All deeds.and other instruments requiring the seal of the
corporation shall be scaled in the presence of the person who





is for the time being Mother Superioress in this Colony of the
said Society or of her attorney duly authorized and such deeds
and instruments and all other documents, instruments and
writings requiring the signature of the corporation shall be
signed by such Mother Superioress or her attorney.


6.-(1) Whenever any person is appointed to the office of
Mother Superioress in this Colony of the said Society, such
person shall within three weeks.after her appointment or within
such further time as may be allowed by the Governor furnish
to the Governor satisfactory evidence, of her appointment.

(2) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appointment.

7. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King His Heirs and
Successors or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, from and under them.

No. 27 of 1915, incorporated in No. 27 Of 1912,
,repealed by No. 8 of 1933.

No. 28 of 1915, incorporaled. in No. 25 Of 1914.

No. 29 of 1915, incorporated in No. 3 of 189o,
repealed by No. 41 Of 1932.

As amended by Law Rev. Ord., 1939, Supp. Sched.
[1.6.34.] [Originally No. 26 of 1915.] Law Rev. Ord., 1939.] Short title. Incorporation of the Mother Superioress in Hong Kong of the Society of the Daughters of Charity of the Canossian Institute. Powers of the corporation. Vesting of properties. Execution of documents. Appointment of Mother Superioress. Saving of rights of the Crown and of certain other rights.

[1.6.34.] [Originally No. 26 of 1915.] Law Rev. Ord., 1939.] Short title. Incorporation of the Mother Superioress in Hong Kong of the Society of the Daughters of Charity of the Canossian Institute. Powers of the corporation. Vesting of properties. Execution of documents. Appointment of Mother Superioress. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1539

SOEURS DE SAINT PAUL DE CHARTRES INCORPORATION ORDINANCE, 1915

No. 10 of 1915.

An Ordinance to provide for the incorporation of the Mother
Superior in this Colony of the Society of the Sceurs de
Saint Paul de Chartres by which the institition known
as the Asile de la Sainte Enfance and as the French
Convent is carried on.
[7th May, 1915.]

1. This Ordinance may be cited as the Socurs de Saint Paul
de Chartres Incorporation Ordinance, 1915.

2. The Mother Superior in this Colony of the Society of
the Soeurs de Saint Paul de Chartres sliall be a body coporate
(hereinafter cafled the corporation) and shall have the name of
the Mother Superior of the Soeurs de Saint Paul de Chartres
(Hong Kong) and by that name shall and may sue and be
sued in all courts in this Colony and shall and may have and
use a common seal.

As amended by Law Rev. Ord., 1939, Supp. Sched.





3. The corporation shall have full power-
(i) subject to the licence of the Governor having been
previously obtained in each case, to acquire, accept leases of,
purchase, take, hold and enjoy any lands, buildings, messuages
or tenements of what nature or kind soever and wheresoever
situate in this Colony;
(2) to purchase and acquire all manner of goods and
chattels whatsoever;

(3) to invest moneys on mortgage of any lands, buildings,
messuages or tenements in this Colony, or in or upon such
other securities or investments as it may think expedient;

(4) by deed under its seal or otherwise to grant, sell,
convey, assign, surrender and yield up, mortgage, demise,
reassign, transfer or otherwise deal with or dispose of any
lands, buildings, messuages or tenements, mortgages, deben-
tures, securities, shares, goods and chattels for the time being
vested in it on such terms as may seem expedient to it.,

4. The pieces or parcels of ground registered in the Land
Office as Marine Lot No. 23, Marine Lot No. 24 and. Inland
Lot No. 1698 together with all rights; easements'and appurten-
ances (including all reclamation rights if any) belonging or
appertaining thereto or therewith usually held, occupied and
enjoyed and together with any encroachments or rights respecting
encroachments in respect thereof are hereby transferred to and
vested in the corporation subject to the payment of the rents and
the performance of the covenants and conditions reserved by and
contained in the Crown leases and extension of Crown leases
thereof or in any licences relating. thereto.

5. All deeds and other instruments requiring the seal of
the corporation shall be sealed in the presence of the person who.
is for the time being Mother. Superior in this Colony of the
said Society or of'her attorney duly authorized and such deeds
and instruments and all other documents, instruments and
writings requiring. the signature , of the . corporation shall be
signed by such Mother Superior or her attorney. '

6.-(1) Whenever any person is appointed to the office of
Mother Superior in this Colony of the-*said Society, such person





shall within three weeks after her appointment or within such
further time as may be allowed by the Governor furnish to the
Governor satisfactory evidence of her appointment.

(2) A notification in. the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appointment.

7. Nothing in this Ordinance shall affect or be deemed to
affect the, rights of His Majesty the King His Heirs and
Successors, or the rights of any body politic or corporate or of
,any other person except such as are mentioned in this Ordinance
and those claiming by, from and under them.

No. 11 of 1915, incorporated.in No. 28 Of 1914.

No. 12. of 1915, incorporated in No. 25 Of 1914.

No. 13 of 1915, repealed by No. 9 of 1917.

No. 14 of 1915, repealed by No. 5 Of 1924.

No. 15 of 1915, incorporated in No. 16 of 1914.

No. 16 of 1915, repealed by No. 3 Of 1932.

No. 17 of 1915, incorporated in No. 6 of 1900,
repealed by No. 7 Of 1926.

No. 18 of 1915, repealed by No, 22 Of 1915.

As amended by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 10 of 1915. Law Rev. Ord., 1939.] Short title. Incorporation of the Mother Superior in Hong Kong of the Society of the Soeurs de Saint Paul de Chartres. Powers of the corporation. Vesting of property. Execution of documents. Appointment of Mother Superior. * Saving of rights of the Crown. [26.2.32.]

[Originally No. 10 of 1915. Law Rev. Ord., 1939.] Short title. Incorporation of the Mother Superior in Hong Kong of the Society of the Soeurs de Saint Paul de Chartres. Powers of the corporation. Vesting of property. Execution of documents. Appointment of Mother Superior. * Saving of rights of the Crown. [26.2.32.]

https://oelawhk.lib.hku.hk/items/show/1538

PRIVATE BILLS ORDINANCE, 1915

No. 5 of 1915.

An Ordinance to provide for the Payment of fees in respect
of private bills.

[5th March, 1915.]

1. This Ordinance may be cited as the Private Bills
Ordinance, 1915.
2. In this Ordinance, ' private bill ' means any bill by
which individual rights or interests of property may be peculiarly
affected or the primary object of which is to promote the interests
of individual persons or corporations 'rather than those of the
community at large.

1, The promoters of every private bill shall pay to the
Accountant-General in respect of such bill for the use of the
general revenue of the Colony the fee of five hundred dollars
within seven days after the passing of such bill.
[Originally No. 5 of 1915.] Law Rev. Ord., 1939.] Interpretation. Fee payable in respect of private bill.

[Originally No. 5 of 1915.] Law Rev. Ord., 1939.] Interpretation. Fee payable in respect of private bill.

https://oelawhk.lib.hku.hk/items/show/1537

ALIEN ENEMIES (WINDING UP) ORDINANCE, 1914

No. 26 of 1914, incorporated in No. 6 of 1887.

No. 27 of 1914, repealed by No. 24 Of 1927.

No. 28 of 1914.
An Ordinance to provide for the winding up of the affairs of
certain alien enemies.

[27th October, 1914.]

*WHEREAS it may be necessary that in the event of war certain
alien enemies should be ordered to quit the Colony and
that certain other alien enemies should be detained: AND
WHEREAS it is expedient that provision should be made for
the winding-up of the affairs of such alien enemies in order
to prevent loss to them and to other persons:

1. This Ordinance may be cited as the Alien Enemies
(Winding up) Ordinance, 1914.

2. In this Ordinance,
(a) ' Alien enemy ' means an alien whose sovereign or state
is at war with His Majesty, and includes every body corporate
incorporated or established in the territory, or within the juris-
diction, or under the laws, of any sovereign or state that is at
war with His Majesty, and includes every firm which at any
time after the commencement of the war has a partner or an
office in the territory of any sovereign or state that is at war with
His Majesty;
(b) ' Commencement of the war ' means as respects any
alien enemy the date of the proclamation of the Governor to the
effect that war has broken out between His Majesty and the state
of which the alien enemy is a subject, unless any earlier date is
indicated in the proclamation, and in that case, such earlier date

As amended by No. 4 of 1926 [19.3.26]
* As amended by Law Rev. Ord., 1939.





(c) ' Custodian ' means the person appointed by the
Governor under section 13 Qf the Trading with the Enemy
Ordinance, 1914, to be Custodian of enemy property or, until
such appointment has been made, the Official Receiver;

(d) ' Enemy subject ' means a subject of a state for the
time being at war with His Majesty, and includes a body
corporate constituted according to the laws of such a state;

(e) ' Legal proceeding ' includes an arbitration, and refer-
ences to the bringing of legal proceedings against any persons
shall in the case of arbitrations be construed as referring to the
commencement of arbitrations to which such persons would be
parties;

(f) ' Person ' means any natural person, company, firm or
association or body of persons corporate or unincorporate;

(g) ' Property ' includes every right or interest whatsoever
in, to or arising out of any property;

(h) ' Trade ' includes every kind of business, occupation
and work;

(i) ' The war ' means any war after the commencement of
this Ordinance between His Majesty and any foreign state.

3. If any question arises under or in consequence of this
Ordinance as to whether any person is or was an alien enemy
or not, a certificate under the hand of the Colonial Secretary
that in his opinion such person is or was an alien enemy shall
be sufficient proof for all purposes that such person is or was
an alien enemy as the case may be, and the onus of proving that
such person is not or was not an alien enemy shall lie upon the
person asserting such to be the case.

4-(i) No alien enemy shall carry on any trade, or do any
act in furtherance of or in contemplation of any trade, or make
any disposition of any property, without the permission of the
Governor conveyed by any officer duly authorized in that behalf.

(2) No firm which has an alien enemy partner or an alien
enemy manager shall carry on any trade, or do any act in
furtherance of or in contemplation of any trade, or make any dis-

As amended by Law Rev., Ord., 1939.





position of any property, Without the permission of the Governor
conveyed by any officer duly authorized in that behalf.

(3) No person shall without the permission of the Governor
pay any money or part with any property whatsoever to or for
the benefit of any alien enemy, or in any way deal with any
property for the benefit of an alien enemy whether such alien
enemy be within or without the Colony.

(4) Any permission, referred to in this section may be given
subject to such conditions, restrictions and limitations as the
Governor may think fit.

(5) All permissions and licences previously given to any
person in the Colony shall absolutely cease and determine on the
date on which he becomes an alien enemy.

5.-(1) When an alien enemy has been ordered to quit the
Colony, or has been made a prisoner of war or has been
detained for any other reason, or is about to be made a prisoner
of war or, to be detained for any other reason, or is absent from
the Colony, it shall be lawful for the Governor to appoint any
person whom he may think fit as liquidator to wind up the
affairs of any trade formerly carried on in the Colony by such
alien enemy, whether on his own account or on account of
himself and a partner or on account of an employer or principal,
and to wind up the personal affairs of such alien enemy.

(2) Such liquidator may be appointed although such alien
enemy may have been carrying on such trade wholly or partly
on behalf of a person who is not an alien enemy.

(3) Such liquidator may he appointed although the trade
carried on in the Colony by such alien enemy may have been a
branch or the head office of a trade carried on also outside the
Colony.

(4) The appointment of any such liquidator shall be made
by writing under the hand of the Colonial Secretary, and such
writing shall be conclusive evidence of such appointment for all
purposes whatsoever until the appointment has been revoked.

(5) It shall be lawful for the Governor to revoke any such
appointment at any moment in his absolute discretion, and

As amended by Law Rev. Ord., 1939.





upon tile communication of such revochtion to the liquidator his
powers as liquidator shall absolutely cease and determine, without
prejudice however to any acts bond fide done by him as liquidator
before the communication of such revocation of such appoint-
ment, and without prejudice to the rights of any persons who
may bona fide deal with him without notice of any such
revocation.

(6) The rights and powers of any such liquidator shall take
effect from the date of his appointment.

(7) Any such liquidator shall for all purposes whatsoever
have as full rights and powers as If the whole of the trade
previously carried on by such alien enemy, together with the
goodwill of such trade and every part thereof, and all the property
of every description previously employed in or in connexion
with such trade, or any branch of such trade outside the Colony,
and all the property in the Colony of such alien enemy, or
standing in his name, had been absolutely assigned for valuable
consideration to such liquidator, and as if all the contracts of
such trade, and all the contracts of such alien enemy with regard
to his private affairs, had originally been entered into with such
liquidator, and in particular the appointment of a liquidator of
the trade of an alien enemy under the provisions of this Ordin-
ance shall not alter, vary or affect in any way any liability or
obligation of any comprador of any such trade, or of any
surety of any such comprador, as existing immediately before
the appointment of the liquidator, nor shall such appointment
operate to discharge any such comprador or any surety of any
such comprador in respect of any such liability or obligation or
to give him or any person who has mortgaged, pledged, charged,
assigned or given any property to secure any such comprador
any rights such surety or person would not otherwise have had
whether in respect of any personal obligation or of any property
mortgaged, pledged, charged, assigned or given as security or
otherwise: Provided that no such liquidator shall, as against
any third parties, be entitled to insist on the continuance of any
partnership or agency or any contract for the performance of
any personal service by such alien enemy, otherwise than may
be necessary for the purposes of such winding-up.

(8) Any proceedings, except proceedings in bankruptcy
against an alien enemy, which but for this Ordinance might





have been brought by or against such alien enemy in respect of
such trade or in respect of the private affairs of such alien enemy
may be brought by or against such liquidator: Provided that
no liquidator shall incur any liability in respect of any such
winding-up beyond the assets which may have come to his hand
and which have not been bona fide parted with by him in the
course of such winding-up: Provided also that no liquidator
shall incur any personal liability in respect of any such winding-up
except for such acts or defaults as would be criminal in the case
of a natural person.

(9) Any, such winding-up may be carried out without any
authority for any act or omission being required from any person
outside the Colony.

(io) Every such winding-up shall, subject to the just rights
of any other persons, be carried out as for the benefit of the
persons entitled to the profits of such trade, or to any property
dealt with by the liquidator, and all proceeds realized by such
winding-up shall be paid into a bank approved of by the
Governor to await the ultimate disposal thereof in accordance
with such law as may be enacted, or such directions as may be
given by the Governor, in that behalf.

(ii) Every liquidator shall be entitled to retain out of the
assets of the trade, or out of the personal assets, of the alien
enemy whose trade or personal affairs respectively he has been
appointed to wind up, the expenses incurred by the liquidator
in the course of such winding-up, including (a) the rent of any
business premises formerly occupied by such alien enemy which
accrues while such premises are occupied by the liquidator for
the purpose of such winding-up, (b) audit fees and (c) any
money which may be advanced by the liquidator for the pur-
poses of such winding-up, and also a sum of money equal to two
and a half per cent. on the total assets realized ot brought to
credit by the liquidator, as remuneration for his loss of time and
trouble.

(12) In case the assets of any such trade, or the personal
assets of any such alien enemy, are or become insufficient to
meet all the corresponding liabilities, such assets shall be applied
in the following order of priority-
firstly, the expenses incurred by the liquidator in the course
of such winding-up, including (a) the rent of any business





premises formerly occupied by such alien enemy which accrues
while such premises are occupied by the liquidator for the pur-
pose of such winding-up, (b) audit fees and (c) any money
which may be advanced by the liquidator for the purposes of
such winding-up;

secondly, a sum of money equal to two and a half per cent.
on the total assets realized or brought to credit by the liquidator,
to be retained by him as remuneration for his loss of time and
trouble

thirdly, all sums of money due to secured creditors up to
the value of their respective securities;

fourthly, the salary or wages of any clerk or servant in
respect of services rendered since the last day of the month
immediately preceding the commencement of the war, less any
sum of money due by such clerk or servant to such alien enemy
or the comprador of such alien enemy;

fifthly, all sums of money due to the Crown;

sixthly, all other liabilities rateably pari passu whether due
to persons within or without the Colony: Provided that, in the
case of the winding-up of any trade formerly carried on in the
Colony by an alien enemy which was a branch of a trade carried
on also. outside the Colony, such liabilities in the opinion of the
liquidator arise out of transactions entered into by or on behalf
of such branch within the Colony and are not liabilities which
would ordinarily have been discharged by branches of such trade
outside the Colony.

(13) In case the net assets of any such trade, or the net
personal assets of any such alien enemy, after deducting the
value of all securities held by secured creditors, are or become
insufficient to satisfy the total sums of money which the
liquidator is entitled under sub-section (11) to retain, every
secured creditor shall be liable to pay to the liquidator such
proportion of the sum by which the net assets as above defined
are insufficient for the purpose aforesaid as the value of his
security may bear to the total assets realized or brought to credit
by the liquidator.

(14) The accounts of every such liquidator with respect to
any such winding-up shall be audited in such manner as the
Governor may direct.





(15) Every person who without lawful excuse refuses to
hand over to a liquidator on demand any keys, safe, office
furniture, account books, cheque books, or other things of any
nature whatsoever, of which he may be in possession and which
may have been used in connexion with or which may relate to
the trade or personal affairs of the alien enemy whose trade or
personal affairs respectively such liquidator has been appointed
to wind up, and every person who without lawful excuse in
any way obstructs any liquidator in taking possession of any
premises occupied by or on behalf of such alien enemy imme-
diately before the appointment of such liquidator, shall be deemed
to commit an offence against this Ordinance.

(16) Notwithstanding anything in this Ordinance, the
Governor shall have power, in any case where it appears to him
that the remuneration of any liquidator under the foregoing
provisions would be inadequate, to award to such liquidator such
remuneration as the Governor thinks fit and thereupon such
liquidator shall be entitled to retain such increased remuneration
out of the assets of the trade, or out of the personal assets of
the alien enemy whose trade or personal affairs respectively he
has been appointed to wind up: Provided that nothing in this
sub-section shall be construed as affecting the rights of any
secured creditor of such alien enemy.

(17) Subject to the provisions of this Ordinance, every such
liquidator shall conform to any directions which may be given
to him by the Governor.

(18) In sub-sections (11), (12) and (13) the total assets
realized or brought to credit by the liquidator shall be deemed
to include all credit balances in any bank in any account formerly
operated on by the alien enemy whose trade or personal affairs
such liquidator was appointed to wind up, and all sums of
money due and payable to any such alien enemy by his com-
prador immediately before the appointment of such liquidator,
but no liquidator shall be entitled to any remuneration on any
such balance or sum of money without the express permission
of the Governor.

(19) It shall be within the absolute discretion of the
Governor to determine whether any remuneration on any such
balance or sum of money shall be drawn.





6.(1) No person shall without the permission of the
Governor carry on or engage in the trade or any part of the trade
formerly carried on by any alien enemy.

(2) Any such permission, may be given subject to such
conditions, limitations and restrictions as the Governor may
think fit.

(3) If any person acts in any way for any former principal
of such alien enemy, or corresponds or deals with any person
with whom such alien enemy formerly had trade relations, he
shall be presumed to be carrying on the trade formerly carried
on by such alien enemy, unless he proves to the satisfaction of
the magistrate or the court or the jury, as the case may be,
(a) that such trade was bond fide assigned or parted with or
abandoned by such alien enemy before the commencement of the
war or (b) that he has bona fide established new trade relations
with such principal or person without the intervention or assist-
ance of such alien enemy and that lie is not trading in any way
on account of or for the benefit of any alien enemy.

7.(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 magistrate may on oath
being made before him to that effect authorize by warrant under
his band and seal, which may be in Form No. 1 in the Schedule,
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 anti-
cipated 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 anticipated 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 specified in the infor-
mation as having been or being used in connexion with such
business or trade

* As amended by Law Rev. Ord., 1939,





(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; and

(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 obtain such
warrant from a magistrate in time, it shall be lawful for the
Commissioner of Police, or any officer of police not below the
rank of Assistant Superintendent, by order in writing under his
hand, which may be in Form No. 2 in the Schedule, 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
sub-section (i).

(3) Every person who refuses or neglects to produce any
books or documents belonging to or under his control or in his
possession or physical custody, or to give any information within
his knowledge, on demand, to any person or persons authorized
by any such warrant or order in writing aforesaid to inspect such
books or documents or to require such information, and every
person who obstructs any inspection, search or seizure authorized
by any such warrant or order in writing aforesaid, shall be
deemed to commit an offence against this Ordinance.

8. No alien enemy shall be entitled to present a bankruptcy
petition against himself.

9. (1) No action or other legal proceeding shall without
the permission of the Governor be brought by or against any
liquidator appointed under this Ordinance in respect of the trade
or personal affairs which such liquidator was appointed to wind

* As amended by Law Rev. Ord., 1939.





up, or against any alien enemy whose trade or personal affairs
a liquidator has been appointed to wind up.

(2) Any such permission may be limited to the taking of
such proceedings only as may be necessary in order to prevent
the operation of any enactment whereby the commencement of
the action or legal proceeding might be limited.

(3) No further proceeding of any kind whatsoever shall
without the permission of the Governor be taken in any action
or other legal proceeding begun against any such alien enemy
before the appointment of a liquidator to wind up the trade or
personal affairs of such alien enemy.

(4) Where by the law and practice of the Supreme Court
or by any special order any limited time from and after any date
or event is appointed or allowed for the doing of any act or the
taking of any proceeding in any such action or other legal
proceeding as is referred to in this section, any time which
elapses between the commencement of the war and the date on
which any permission of the Governor to take further pro-
ceedings in the said action or other legal proceeding is served on
the other party or parties by the party obtaining such permission,
both dates inclusive, shall not be reckoned in the computation of
such limited time.

(5) No execution of any kind whatsoever shall without the
express permission of the Governor issue against any such
liquidator or any such alien enemy in any such action or othet.
legal proceeding as is referred to in this section, whether any
general permission to begin the action or other legal proceeding
or to take further proceedings therein has been obtained from
the Governor or not.

(6) No plaintiff in any such action or other legal proceeding
as is referred to in this section shall be deemed to be a secured
creditor by reason only of any order or judgment made or given
in such action or other legal proceeding before the commence-
ment of the war, or by reason only of such order or judgment
and of any steps taken thereunder.

10. Every order and judgment duly made or given in any
action or other legal proceeding brought by or against any
liquidator appointed under this Ordinance in respect of the trade





or personal affairs which such liquidator was appointed to wind
up shall for all purposes and in all respects be as binding on
the alien enemy whose trade or personal affairs such liquidator
was appointed to wind up and on all the persons entitled to the
profits of such trade as if the action or other legal proceeding
had been brought by or against, and the order or judgment had
been made or given for or against, such alien enemy and persons
as well as by, against or for such liquidator.

11. The Supreme Court shall have power to stay any
action or other legal proceeding brought against any liquidator
appointed under this Ordinance in respect of the trade or
personal affairs which such liquidator was appointed to wind up
in any case in which it seems to the court desirable to do so
in the interests of justice on account of the liquidator being
unable to obtain proper instructions from the alien enemy whose
trade or personal affairs such liquidator was appointed to wind
up, or for any similar reason.

12. The Supreme Court shall have power, of its own motion
or at the application of any party or on the representation of
the Crown, to stay any action or other legal proceeding brought
against any alien enemy in any case in which it seems to the
court desirable to do so in the interests of justice on account
of the impossibility of obtaining proper instructions from such
alien enemy owing to the state of war which exists between His
Majesty and the state to which such alien enemy belongs, or for
any similar reason.

13.(1) Any liquidator appointed under this Ordinance
shall with the permission of the Governor be entitled to apply
to the court for directions on any matter arising out of the
winding-up.

(2) Any such application shall be heard and determined in
such manner as the court may direct and it shall be lawful for
the court to hear such parties and persons as it may think fit.

(3) The costs of any such application shall be in the discre-
tion of the court.

(4) No claim for any costs awarded against such liquidator

As amended by Law Rev. Ord., 1939.





on any such application shall have any priority over any other
claim against such liquidator in respect of the winding-up.

14., Any liquidator appointed under this Ordinance shall
with the permission of the Governor be entitled to discharge out
of the assets in his hand any liability of the alien enemy whose
trade or personal affairs such liquidator was appointed to wind
up, although such liability may have arisen out of a transaction
entered into by such alien enemy on behalf of a branch of his
trade outside the Colony and may not be a liability which would
ordinarily have been discharged by such alien enemy within the
Colony.

15. No liquidator shall without the express permission of the
Governor assign away the goodwill of the trade or of any part
of the trade which he was appointed to wind up, or any trade
mark used in connexion therewith.

16.(1) The power of appointing a liquidator conferred on
the Governor by section 5 shall be deemed to include the following
powers-

(a) power to appoint a liquidator of the trade or personal
affairs of any alien enemy whether such alien enemy has ever
been in the Colony or not;

(b) power to appoint a liquidator of the trade or personal
affairs of any person any of whose property was for any purpose
whatsoever in the possession, custody or control of any person
whose trade or personal affairs a liquidator has been appointed
to wind up;

(c) power to appoint a liquidator of the estate of any
deceased alien enemy;

(d) power to appoint a liquidator of the estate of any
deceased person of whose estate an alien enemy is executor or
administrator

(e) power to appoint a liquidator of the trade or personal
affairs of any person who is or at any time since the commence-
ment of the war has been a partner or a joint owner or an owner
in, common with any alien enemy;

* As amended by Law Rev. Ord., 1939.





(f) power to appoint a liquidator of the affairs of any asso-
ciation of persons or organization which is or at any time since
the commencement of the war has been composed in whole or
part of alien enemies or which at any time since the commence-
ment of the war has been in whole or part represented in the
Colony by an alien enemy;

(g) power to appoint a liquidator of the affairs of any
person if the Governor thinks it advisable on account of the
enemy nationality or association of such person.

(2) Every such liquidator shall have as full rights and
powers as any other liquidator appointed under this Ordinance.

(3) The Governor shall be deemed to have power to give
directions for the sale or disposal of any property which at any
time since the commencement of the war has been in the
possession, custody or control of any alien enemy and which is
not claimed by any person who is not an alien enemy.

17.(1) Every liquidator appointed under this Ordinance
to wind up the affairs or estate of any person shall for all
purposes whatsoever be deemed to have power, while acting as
such liquidator, to transfer all the property of whatever descrip-
tion within the Colony of such person, or vested in such person,
or belonging to such estate, in all respects as fully as if the
transfer had been duly made or executed by or on behalf of such
person, or by or on behalf of his legal personal representative,
as the case may be, whether such liquidator can or cannot
produce any title-deeds or other documents of title relating to
such property, and any such transfer by such liquidator shall
be deemed to pass all the legal estate in such property which
may be vested in such person, or in his legal personal repre-
sentative, at the date of such transfer.

(2) Nothing in this section shall be construed as limiting in
any way whatsoever any powers which any liquidator appointed
under this Ordinance would have possessed if this section had
not been enacted.

18. The rights and powers of a liquidator under this Ordin-
ance shall pass from liquidator to liquidator, so as to be exercis-
able by the liquidator for the time being during his continuance
in office.

As amended by Law Rev. Ord., 1939.





19.(1) In every winding-up under this Ordinance it shall
be lawful for the liquidator to distribute the assets in the first
instance on the footing that no interest has accrued or shall
accrue on any debt after the first appointment of a liquidator
of the trade or personal affairs of the person whose assets are
about to be or are being distributed: Provided that nothing in
this section shall affect the rights of any secured creditor in
respect of any security held by him.

(2) Any surplus assets remaining after such distribution
may be applied rateably in the payment of claims for interest.

20. In every winding-up under this Ordinance the assets
shall, so far as they are available for discharging unsecured
debts, be applied in discharging such debts due to creditors who
are not enemies or enemy subjects in priority to the unsecured
debts due to creditors who are enemies or enemy subjects:
Provided that nothing in this section shall be construed as
authorizing any payment being made to a creditor who is an
enemy or an enemy subject.

21. (1) Every liquidator appointed under this Ordinance
to wind up the trade or personal affairs of any person may, by
writing signed by him, with the permission of the Governor,
disclaim any lease or contract under which such person is subject
to any liability.

(2) Notwithstanding anything contained in section 30, such
disclaimer shall operate to determine, as from the date on which
the disclaimer is signed, the rights, interests and liabilities ot
such person under the lease or contract disclaimed, but shall
not, except so far as is necessary for the said purpose, affect the
rights or liabilities of any other person.

(3) Where the person whose affairs are being wound up
was the lessee of any premises, and the liquidator has with the
consent of the lessor sub-let the said premises or any portion
thereof, the lessor, upon such disclaimer, shall not be entitled
to distrain on any premises field by such sub-tenant except for
the rent formerly payable by the sub-tenant to the liquidator in
respect of the premises, and the lessor shall not be entitied to
enter on any premises so held by such sub-tenant except for
breach of some covenant contained in the sub-lease, if any.

* As amended by Law Rev. Ord., 1939.





(4) Notice of such disclaimer shall so far as is practicable
be given to every party to the lease or contract disclaimed other
than the person whose affairs are being wound up: Provided
that no such disclaimer shall be void or otherwise affected on
the ground only that any notice required.by this sub-section has
not been given.

(,5) Any person injured by the operation of a disclaimer
under this section shall, to the extent of the injury, be deemed
to be a creditor of the person whose trade or personal affairs
are being wound up.

(6) Any person who alleges himself to be so injured shall,
within six weeks of his being required by the liquidator to do so,
furnish to the liquidator a statement of the extent of such injury,
verified by statutory declaration, together with the evidence in
support of such statement.

(7) Upon receiving such statement and the evidence in
support thereof, the liquidator shall proceed to admit or reject
such claim or to admit it in part and, subject to any order made
by the court under sub-station (8), his decision shall be final
for all purposes of the winding-up.

(8) If the party alleging himself to be injured by the opera-
tion of the disclaimer is dissatisfied with such decision, it shall
be lawful for him within one month of such decision being
communicated to him to require the liquidator to apply to the
court for directions, and the liquidator shall thereupon apply
to the court for directions and any order made by the court
on any such application shall be final for all purposes of the
winding-up. The party alleging himself to be injured shall be
entitled to be heard upon any such application.

(9) It shall be lawful for the court to enlarge the time limited
in sub-section (6) or sub-section (8) upon such terms as the
justice of the case may require, and any such enlargement may
be ordered although the application for the same is not made
until after the expiration of the time limited.

22. (1) It shall be lawful for any liquidator appointed
under this Ordinance to give notice to any secured creditor of
the person whose affairs such liquidator has been appointed to

* As amended by Law Rev. Ord., 1939.





wind up to realize his security within such time from the receipt
of such notice by the secured creditor as the liquidator may by
such notice or by any modification thereof appoint: Provided
that the time so appointed shall not be less than one month,
and provided that no such notice shallbe given except with the
permission of the Governor.

(2) The secured creditor shall realize his security within the
time appointed and shall furnish forthwith to the liquidator an
account of the proceeds of such realization.

(3) Where the proceeds of such realization exceed the
amount to which the secured creditor is entitled under the terms
of the security, the secured creditor shall forthwith pay any
surplus to the liquidator.

(4) If there is any dispute as to the amount to which the
secured creditor is entitled, or if the secured creditor fails to
comply with any of the provisions of this section, the liquidator
shall apply to the court for directions and any order made by
the courton such application shall be final for all purposes of
the winding-up.

(5) If the secured creditor fails to realize his security within
the time limited, the court may by order vest the property in
the liquidator and may give directions as to the sale of the
property by the liquidator and may make such order as may be
necessary for the purpose of enabling the liquidator to realize
the property.

(6) In this section, ' terms of the security ' shall include
any rights possessed by any corporate body over the shares in
such corporate body in respect of debts due to such corporate
body.

23. Any order made by the court pn any application by a
liquidator for directions under any of the provisions of this
Ordinance may be enforced in the same manner as any judgment
or order of the court in an action would be enforceable: Pro-
vided that no order made on any such application for directions
shall be enforced without the permission of the Governor.

As amended by Law Rev. Ord., 1939.





24.(1) There shall vest in the Custodian-
(a) the goodwill of every trade formerly carried on in the
Colony by any person who is or at any time since the com-
mencement of the war has been an alien enemy, or by any such
person in partnership with any other person, except in so far as
any such goodwill may have been validly transferred before the
commencement of the war to some person who is not and has
not since the commencement of the war been an alien enemy;

(b) all rights whatsoever in respect of any trade mark as
defined in the Trade Marks Ordinance, 1909, or in respect of
any trade description as defined in the Merchandise Marks
Ordinance, 1890, which are vested in or exercisable by any
person who is or at any time since the commencement of the
war has been an alien enemy, or which would be exercisable by
any such person but for the existence of a state of war ;
(c) without prejudice to any other provision in this section,
the goodwill of every trade formerly carried on in the Colony
by any person whose affairs are being. or have been wound up
by a liquidator appointed under this Ordinance, and all rights
whatsoever in respect of any trade mark or trade description
used in connexion with such goodwill or trade which are vested
in or exercisable by any such person or which would be exercis-
able by any such person but for the existence of a state of war.

(2) The goodwill referred to in this section shall not, for
the purposes of this Ordinance and of vesting the aforesaid
rights in the Custodian, be deemed to have determined by
reason of this Ordinance or of the existence or continued exist-
ence of a state of war or of any circumstances arising therefrom,
but the said trade marks shall be deemed to have been lawfully
transmitted to the Custodian and shall remain vested in him
notwithstanding the actual determination of the said goodwill
if such goodwill has in fact determined or, does hereafter
determine.

(3) Notwithstanding anything in the Trade Marks Ordin-
ance, 1909, or in any rules made thereunder, no such trade mark
as is referred to in this section shall be liable to removal from
the register of trade marks for non-payment of the fee for renewal
of registration thereof except by order of the Governor: but no
omission on the part of the Registrar of Trade Marks to send

As amended by Law Rev. Ord., 1939.





the notice prescribed by section 30 of that Ordinance nor the
non-receipt by the registered proprietor of a trade mark of any
such notice nor any omission on the part of the Registrar to
advertise the fact of non-payment of the renewal fee shall be a
bar to the removal from the register of any such trade mark of
which the registration hasexpired and has not been renewed;
and any such trade mark may be removed from the register upon
or after the expiration of the period for which it was registered.

25. No act of any liquidator appointed under this Ordinance
to wind up the trade or personal affairs of any person shall be
deemed invalid by reason only of the fact that at the time when
the act was done such person was not an alien enemy or had
died or had ceased to exist.

26. No legal proceeding of any kind whatsoever, civil or
criminal, shall without the permission of the Governor be
brought against any liquidator or any public officer in respect
of any act or omission connected in any manner whatsoever with
any winding-up under this Ordinance.

27. The provisions of this Ordinance shall continue to apply
until such time as the Governor may order otherwise, either
generally or in a particular case, notwithstanding that by
reason of the cessation of a state of war or for any other cause
whatsoever any person whose rights may be affected by any of
the said provisions has ceased to be an alien enemy or an enemy
or an enemy subject.

28. Every person who commits any offence against this
Ordinance shall be deemed to be guilty of a misdemeanor and
shall be liable upon conviction either summarily or on indict-
ment to imprisonment for any term not exceeding twelve months
and to a fine not exceeding five thousand dollars.

20. No prosecution shall be instituted under this Ordinance
without the consent of the Attorney General.

30. Nothing in this Ordinance shall be deemed to affect
the rights or remedies of any person against any alien enemy,
except in so far as the liabilities of such alien enemy may
have been discharged towards such person by a liquidator

As amended by Law Rev. Ord., 1939.





appointed under this Ordinance: Provided that, where a
liquidator has been appointed to wind up the affairs of any trade
formerly carried on in the Colony by an alien enemy or to wind
up the personal affairs of any alien enemy, no proceedings in
bankruptcy shall be brought or be maintained against any such
alien enemy so long as the appointment of such liquidator, or
of any person appointed as liquidator in succession to such
liquidator, remains in force.

31. Any powers given under this Ordinance shall be in
addition to and not in derogation of any other powers with
respect to alien enemies or any other powers of His Majesty.

SCHEDULE.

FORM No. 1. [s. 7 (1).]

WARRANT.

The Alien Enemics (Winding up) Ordinance, 1914, s. 7.
Hong Hong.

To each and kill of the officers of the police force of the Colony
of Hong Kong and to ...............................................................
.................................

Oath having been made before the, undersigned, a magistrate of
the said Colony, that a11 offence under the Alien Enemies (Winding
up) Ordinance, 1914, has been committed [or that it is anticipated
that an offence under the Alien Enemies (Winding up) Ordinance,
1914, 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 Alajesty's narne-

(a) to inspect all boohs anddocuments belonging to or under the
control of the said ....... :

+ As amended by No. 4 of 1926 [19.3.26].
* As amended by Law Rev. Ord., 1939.





(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 Ordin-
ance has been or wag 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.]

...........
Magi8trate.

FORM No. 2. [s. 7 (2).]

ORDER.
The Alien Enernies (Winding up) Ordinance, 1914, s. 7.

Hong Kong.

ro each and all of the officers of the police force of the Colony
of Hong Kong and to ...............................................................
..........................................

Whereas it has been made to appear to the undersigned that an
offence under the Alien Enemies (Winding up) Ordinance, 1914, has
been committed [or that it is anticipated that an offence under the
Alien Enemies (Winding up), Ordinance, 1914, is about to be com-
mitted] by ............of
in the said Colony namely that the said .......................................
unlawfully did on or about the day of ...........
19 , ..................................................................................... 1
and that the said ............uses [or has used]
the premises .................
in connexion with his [or their] business or trade:

As amended by Law Rev. Ord., 1939.





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 accompitnied by a police officer or if yourself a police officer
to enter and scardh 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.,

(c) to do all such acts and things as may be reasonably necessary
foo the purpose of effecting such inspection, search or seizure.

Dated this day of

....................
(Deputy) Conimissioner of Police.

(Divisional) Superintendent of Police.
(Assistant) }

No. 29 of 1914, repealed by No. 5 Of 1924.

No. 30 of 1914, incorporated in No. 28 of 1914.

No. 31 of 1914, incorporated in No. 1 of 1884,
repealed by No. 41 of 1935.

No. 32 of 1914, incorporated in No. 1 of 1895.

No. 33 of 1914, repealed by No. 17 Of 1923.
[16.12.27.] [Originally No. 28 of 1914. No. 4 of 1926. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 25 of 1914. Onus of proof as to ahen enemy character. Alien enemy not to trade or dispose of property without permission. Winding-up of trade formerly carried on by alien enemies or on their behalf, and of their personal affairs. [s. 5 contd.] [s. 5 contd.] [s. 5 contd.] [s. 5 contd.] Cash balances, and the remuneration thereon. Prohibition against carrying on the trade of an alien enemy. Inspection, obtaining of information, and search. Schedule. Form No. 1. Schedule. Form No. 2. No alien enemy to be entitled to present a bankruptcy petition against himself. Leave necessary for legal proceedings. Action by or against liquidator to bind alien enemy and others. Court to have power to stay action against liquidator. Court to have power stay action against alien enemy. Liquidator to be entitled to apply for directions. Power to discharge liabilities incurred outside the Colony. Goodwill and trade marks. Power to appoint a liquidator in certain special cases and to give directions for the disposal of certain property. Transfer of property. Rights and powers to pass from liquidator to liquidator. Distribution on the footing that interest does not accrue after the commencement of the winding-up. Priority over debts due to enemies. Disclaimer. Realization of securities held by secured creditors. Enforcement of orders made on applications for directions. Goodwill and trade marks vested in Custodian. Ordinances Nos. 40 of 1909 and 4 of 1890. Ordinance No. 40 of 1909. Validity of acts of liquidators. Protection of liquidators and public officers. Provisions to continue in force. Penalty. Consent of Attorney General. Rights against alien enemies not affected. Saving of other powers. [Sched. Contd.]