FERRIES ORDINANCE, 1917

No. 28 of 1917.

An Ordinance to regulate ferries.

[30th November, 1917.]

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

2.-(1) In this Ordinwice,

(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 withouit the Colony or not, and whether the points
between which the service is provided are varied from time
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.

(2) Every person who shall have 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 -under 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 shall prove 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 contained 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.

As amended by Law Rev. Ord., 1924.





3.-(1) No person shall without a licence under this
Ordinance 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 froin 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;

(6) for granting exclusive rights of maintaining ferries;
and

(7) generally for the ptirpose 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 Captain Superintendent of Police until the

As amended by Law Rev, Ord., 1924.

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 Captain Superintendent
of Police may release any such vessel so seized upon security
to his satisfaction beinj 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.
[Originally No. 28 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

[Originally No. 28 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

https://oelawhk.lib.hku.hk/items/show/1313

DEPORTATION ORDINANCE, 1917

No. 25 of 1917.

An Ordinance to consolidate and amend the law relating to
the deportation of undesirable persons.

[12th October, 1917.]

1. This Ordinance may be cited, as the Deportation Ordi-
nance, 1917.

2. In this Ordinance,
(a) British subject includes a natural-born British
subject and a person naturalized under an Imperial Act or
under an Ordinance of the Colony.

(b) Legal proceeding includes every civil and criminal
proceeding before any court, every proceeding before any
other tribunal established by law, and every arbitration.

3.--(1) The Governor in Council may at any time sum-:
marily issue a deportation order against-

(a) any person who has been convicted of an offence under
section 9 ; or

(b) any person who has been convicted in the Colony of
any offence, other than an offence under section 9, and who
in the opinion of the Governor in Council is not a British
subject; or

(c) any person who has been imprisoned in this Colony in
pursuance of a sentence imposed by His Majesty's Suprome
Court for China.

(2)'On any occasion which the Governor in Council may
consider to be an occasion of emergency or public danger,
the Governor in council may summarily issue a deportation
order against any person who in his opinion is an alien, if
he deems it to be conducive to the public good that such an
order should be issued.

(3) A deportation order issued under this section may be.
in Form No. 7 in the Schedule.

(4) The procedure prescribed in section 4 shall not apply
to deportation orders made under the provisions of this
section and such orders may be made upon such information
or summary inquiry as the Governor in Council may. think
sufficient.

* As amended by No. 19 of 1921 and Law Rev. Ord., 1924.





4.-(1) Subject to the provisions of sub-section (14), the
Governor in Council may at any time issue a deportation
order against any person whatsoever if upon inquiry in the
manner prescribed in this section the Governor in Council
is of opinion that such person is liable to deportation and
should -be deported.

(2) No steps or proceedings whatsoever other than those
expressly specified in this section shall be necessary for the
making of am, deportation order under this section.

(3) No proceedings whatsoever connected in any manner
with any inquiry under the provisions of this ordinance,
or with any other inquiry with a view to deportation made
before or after the commencement of this Ordinance under
the provisions of any other enactment, shall be any bar to
any subsequent inquiry under the provisions of -this Ordi-
nance or to the making of any deportation order thereon.

(4) The Governor may, whenever it shall appear to him
that there are reasonable grounds for inquiry as to whether
any person should be deported, issue a warrant in Form
No. 1 in the Schedule authorising the arrest of such person.
and his detention for a period not exceeding six days.

(5) Any person arrested under any such warrant may be
detained in. the custody of any officer referred to in the said
warrant and may be transfered from the custody of any such
officer to any other such officer as often as may be desirable.

(6) So soon as conveniently may be after the arrest of any
person under any such warrant, the Secretary for Chinese
Affairs or one of the Assistants to the Secretary for Chinese
Affairs, or the District Officer, shall interview the person so
arrested and shall ask such person the questions set forth in
Form No. 2 in. the Schedule: Provided however that, if such
person does not in answer to the fourth question in the said
form say anything in answer to the charge preferred against
him or give any reason why he should not be deported, it
shall not be necessary for such person to be -asked to answer
the fifth, sixth and seventh questions in the said form.

(7) The officer who interviews such person shall.take down
in English, with or without the assistance of an interpreter
land whether such interpreter be sworn or not, a full record
of the answers given by the person interviewed to the ques-

As amended by No. 19 of 1921 and Law Rev. Ord., 1924.





tions asked him, and such answers so taken down by such
officer shall be read over to such person and may if such
person is willing so to do be signed or in other manner
signified as correct by such person and shall be signed as
correct by such officer and by the interpreter if any be
employed.

(8) So soon as conveniently may be after such interview, the
Secretary for Chinese Affairs shall transmit to the Colonial
Secretary a report in Form No. 3 in the Schedule for the
consideration of the Governor in Council.

(9) The Governor may from ttime to time by warrant in
Form No. 4 in the Schedule authorise the. detention of a
person, in custody tinder any warrant issued under this see-
tion, for a further period of four days from the date of the
expiration of the previous warrant, provided that the Gover-
nor is satisfied that the said person ought to be detained in
order that further inquirv may be made.

(10) A magistrate may at any time after the conclusion of
the interview referred to in sub-section (6) and after the
examination of the witnesses called by the person in question,
or at any previous time with the consent of the Secretary for
Chinese Affairs, admit to bail any person in custody tinder
any warrant issued under this section upon such security as
in the opinion of the magistrate will be sufficient to ensure
the appearance and surrender of such person at the House of
Detention at any specified date and time. The recognizance
of bail may be in Form No. 5 in the Schedule.

(11) If as the result of the consideration of any such report
it shall appear to the Governor in Council that any person to
whom such report relates is liable to deportation and should
be deported, the Governor in Council may issue a deportation
order against such person.

(12) The Colonial Secretary by direction of the Governor
may by order in Form No. 6 in the Schedule direct the
release of any person in custody under any such warrant as
aforesaid, and on receipt of such order the Superintendent
of the House of Detention shall release such person.

(13) Any deportation- order issued under the provisions of
this section may be in Form No. 7 in the Schedule.





(14) Sub-section (11) shall not apply to any British subject
except in the following cases:- .
(a) any person who in the opinion of the Governor in
Council has been guilty before or after the commencement
of this Ordinance of any criminal offence, or of any other
misconduct, connected with the preparation, commencement,
prosecution, defence or maintenance of any legal proceeding,
or the sharing in the proceeds thereof, or the settlement or
compromise thereof, or the obtaining or preparation of
evidence in anticipation thereof or in relation thereto;

(b) any person who in the opinion of the Governor in
Council has been guilty before or after the commencement
of this Ordinance of anv criminal offence, or of any other
misconduct, which is not included under paragraph (a) but
which is connected With the administration of the law relat-
ing to bankruptcy or of the law relating to the winding-up
of companies;

(c) any person, who in the opinion of the Governor in
Council has been guilty before or after the commencement
of this Ordinance of any criminal offence, or of any other
misconduct, connedted with the preparation, registration,
presentation, filing, issuing or certifying of any document
which any public officer is required or empowered to register,
receive, file, issue or certify

(d) any person who in the opinion of the Governor in
Council was born in the Colony of parents neither of whom
was a British subject at the date of the birth of such person
and who hds not obtained a certificate of his British birth
under the hand of the Governor and the public seal of the
Colony;

(e) any person who in the opinion of the Governor in
Cotincil has acted, is acting, -or is about to act, whether
within or without the,Colony, in a manner prejudicial to the
public safety, or to the defence, peace, or security of His
Majesty's dominions, or of any part thereof, or of any territory
which is under His Majesty's protection.

5. So soon as conveniently may be after the issue of any
deportation order issued under the provisions of this Ordi-
nance, the Captain Superintendent of Police shall cause a
copy of such deportation order to be served on the person
against whom it is made and such person shall be then taken
into custody if on bail or otherwise at large and if already







in custody such person shall remain in custody and shall be
in either case deemed to be under lawful arrest and in lawful
custody until he leaves the Colony.

5A. Where any deportation order under this Ordinance
is in force against any person, that persoh shall, unless the
Governor otherwise directs, be deemed for the purposes of
the order to retain his nationality as at the date of the order
notwithstanding any intervening naturalization, marriage or
any other event.

6.-(1) Whenever a deportation order shall have-been
issued against any person, it shall be lawful for the Governor,
if he considers it desirable to do so by order under the hand
of the Colonial Secretary, to do all or any of the following
things:-

(a) to order that the person against whom the deportation

order has been issued shall depart from the Colony by a
particular train, or by a particular ship whatever the im-
mediate or ultimate destination of the said ship;

(b) in case it may in the opinion of the Governor be im-
practicable or inexpedient that such person should depart
from the Colony by any train or ship by which he has been
ordered to depart, substitute as often as may be necessary
another train or. ship as the train or, ship by which such
person shall depart from the Colony;

(c) to extend from time to time the time within which such
person shall depart from the Colony:
Provided that where extradition proceedings have been
previously taken against any such person, and the said
proceedings have resulted in the discharge of such person
either by a magistrate or by the Supreme Court on habeas
corpus, nothing in this sub-section shall be construed as
empowering the Governor to order such person to leave the
Colony by any ship the immediate destination of which is a
place in the territory of the state by which the surrender of
such person was demanded, or otherwise to compel such
person to enter the territory of such state.,

(2) Any order made under sub-section (1) shall be sufficient
authority to all police, officers and to the master and crew of

As amended by No. 19 of 1921 and Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924. .





the ship to use within the Colony and the waters thereof such
force and restraint as may be necessary in order to carry out
such order.

(3) Any order made under this section may be indorsed.
on the deportation order a-nd may be in Form No. 8 in the
Schedule or as near thereto as the circumstances may permit.

7. Every deportation order shall state the grounds on
which it is made and the period during which it is to apply
and shall fix the time within which the person against whom
it is made shall depart from the Colony.

8.(1) Every person lawfully 1banished from the Straits
Settlements, or from any State in the Malay Peninsula which
is for the time being under the protection of the British
Government, or from the State of North Borneo, is hereby
prohibited from being in the Colony during the term of such
banishment unless he shall have obtained the written
permission of the Governor to be in the Colony.

(2) Any such permission may be revoked by the Governor
by writing under the hand of the Colonial Secretary served
on such person, and upon such revocation the provisions of
this section shall apply as though such permission had not
been obtained.

(3) No person shall be deemed to have committed a breach
of the provisions of this section if during the term of such
banishment he has-been within the Colony on one occasion
nly for such period as may be reasonably necessary for him
to make arrangements for his departure: Provided however
that it shall be lawful for any police officer to arrest and
detain any such person or to take such other steps as may
be necessary to facilitate or to expedite his departure.

9.-(1) Every person who is prohibited from being within
the Colony either by virtue of a deportation order made
under this Ordinance or made under any Ordinance repealed
by this Ordinance, or by virtue of the provisions of section
8 of this Ordinance or of the provisions of section 11 of the
Deportation Ordinance, 1912, and who without. lawful
authority or excuse is within the Colony after the date fixed
by such deportation order for his departure and before the
expiration of the period of his deportation, or at any time
contrary to the pro-visions of section 8 of this Ordinance or





to the provisions of section 11 of the Deportation Ordinance,
1912, shall be guilty of a misdemeanor.

(2) Where any such person is convicted. summarily before
a magistrate, he shall be liable to imprisonment for any term
not exceeding one year.

(3) Where any such person Is convicted on indictment, he
shall be liable to imprisonment for any term not exceeding
five years in cases where the period of deportation or
banishment exceeded fifteen years, to imprisonment jor any
term not exceeding three years in cases where the period of
deportation or banishment did not exceed fifteen years but
exceeded five years, and to imprisonment for any term not
exceeding two years in cases where the period of deportation
or banishment did not exceed five years.

(4) Where the period of deportation or banishment is for
life, such period shall be deemed to exceed fifteen years for
the purposes of this section.

10. Every person who without lawful authority or excuse
knowingly harbours or conceals any person who is prohibited
from being within the Colony either by virtue of a deporta-
tion order made under this Ordinance or made under any
Ordinance repealed by this Ordinance, or by virtue of the
provisions of section 8 of this Ordinance or of the provisions
of section 11. of the Deportation Ordinance, 1912, shall upon
summary conviction be liable to a fine not exceeding two
hundred and fifty dollars.

11. The Governor may appoint any building. or portion of
a building to be a House of Detention for the purposes of
this Ordinance and any person to be Superintendent of such
House, and in default of such appointments Victoria Gaol
shall be the House of Detention and the Superintendent of
Victoria Gaol shall be the Superintendent of the House of
Detention.

12---(1) In any proceedings whatsoever, a deportation
order signed by the Clerk of Councils, or a copy of a depor-
tation order certified by the Clerk of Councils, -shall be
deemed conclusive evidence that the deportation order was
duly and validly made and issued against the person named
in such order and, that the order was made on -the date
therein specified.
As amended by Law Rev. Ord., 1924.





(2) In any proceedings whatsoever, any document which
purports to be a deportation order and to be signed by the
Clerk of Councils, or any document which purports to be a
copy of a deportation order and to be certified by the Clerk
of Councils, shall, until the contrary is proved, be deemed
respectively to be a deportation ordeisigned by the Clerk of
Councils or to be a copy of a deportation order certified by
the Clerk of Councils.

(3) In any proceedings under this Ordinance, an order of
banishment purporting to be signed by, or a copy of an order
of banishment purporting to be certified by, any of the
following officers shall, until the contrary is proved, be
deemed to be sufficient evidence of the fact and date of such
banishment:-

(a) the Colonial Secretary of the Straits Settlements

(b) the British Resident or the Secretary to the Resident
in any of the Federated Malay States;

(c) the General Adviser in the State of Johore;

(d) the British Adviser, in the States of Kedah, Kelantan
or Perlis;

(e) the British Agent in the State of trengganu;

(f) any officer acting for any of the above officers;

(g) the Principal Representative of the British North
borneo Company in Borneo;

(h) such other officers as may be notified by the Governor
in the Gazette for the purposes of this sub-section.

(4) In any proceedings under this Ordinance, an indorse-
ment on any deportation order in Form No. 9 in the Schedule,
which purports to be signed by a police interpreter or by
any police officer, shall, until the contrary is proved, be
deemed sufficient evidence that the said deportation order
was duly explained to the person named in such order as
therein stated.

(5) In any proceedings under this Ordinance, it shall, until
the conttary is proved, be assumed that the finger prints on
any deportation order which has been produced are those of
the person against whom the order was made.





(6) If in any proceedings whatsoever relating to any
deportation order or intended deportation order the person
who has been deported or whose deportation has been
ordered or whose deportation is being considered alleges
that he is a British subject or that either of his parents
was a British subject at the date of the birth of such person,
thp onus of proving such allegation shall be on such person.

(7) The answers given to the questions set out in Form
No. 2 in the Schedule shall not be admissible in evidence in
any proceedings except in proceedings under this Ordinance.

13. The decision of the Governor in Council as to whether
under the provisions of this Ordinance any person is liable
to deportation or should be deported shall be final and
conclusive for all purposes whatsoever.

14. A report shall be made forthwith to the Secretary
of State upon the making of any deportation order made
against a British subject or made under the provisions of
section 3 (2).

15. The following Ordinances are repealed:-
The Deportation Ordinance, 1912; the Deportation
Ordinance, 1913; the Deportation Ordinance, 1914; and
the Deportation Ordinance, 1915.

SCHEDULE.

Form No. 1. [s. 4 (4).]


WARRANT FOR ARREST AND DETENTION.

The Deportation Ordinance, 1917.
Hongkong.

To the Captain Superintendent of Police and each and all of the police
officers of the Colony and to the Secretary for Chinese Afflairs and each and
all of the District Watchmen of the Colony and to the Superintendent of
the House of Detention :
Whereas it has been made to appear to me that there are reasonable
grounds for inquiry as to whether ...................................................

should be deported

As amended by Law Rev. Ord., 1924.
As amended by No. 19 of 1921 and Law Rev. Ord., 1924,






These are therefore to comimind You to arrest the said ........................

........................and to detain him for a period of
six days from the date hereof.

Dated the ..............day of 19

.................
Governor

Fown No. 2. [ss. 4 (6) and 12 (7).]

QUESTIONS.
1. What is your liatne
2. How old are you ?
3. Where were you horn
4. It is alleged against you that
Have you anything to say in answer to this charge or any reason to give

why you should not be deported ?
5. How long have you resided ill this Colony ?
6. Have you any relations living in this Colony, and, if so, what. are

their names and where do they reside ?
7. Have you any and what witnesses or other evidence to adduce in sup-
port of what you say, and where are such witnesses, if any, to be found ?
I hereby certify that the said .......................................................
made in the ........language the answers herein recorded
...................
in the English language.

Dated the ...................day of 19

........................................
Assistant to the
Secretary for chinese affairs

. .......... .......... .. .. .. ... .. .. .. ..... .... .
interpreter.

FORM No. 3.

REPORT.
To the Hon. Colonial Secretary,
Hongkong.

In accordance with the provisions of the Deportation Ordinance, 1917, I
have the honour to transmit herewith the certified answers in the English
language of ............................who
has been duly examined in accordance with the provisions of the said Ordi-
nance. I also forward herewith the reports on which the allegations in
Question No. 4 were based. My own opinion is that ............................
..........................
Dated the ..............day of 19

......................
secretary for chinese affairs.





FORM -No. 4.

WARRANT^ FOR FURTHER DETENTION.

the Deportation Ordinance, 1917.
Hongkong.
To the Captain Superintendent of Police and each and all of the police
officers of the Colony and to the Secretary for Chinese Affairs and each arid
all of the District Watchmen of the Colony and to the Superintendent of
the House of Detention.

Whereas .............is detained by you or
one of you by virtue of a warrant issued by me under the provisions
of the Deportation Ordinance, 1917, and whereas I am satisfied that the
said ............. otioht to he so detained
for a further period in order that further inquiry may be made: Now there-
fore I do hereby order that the aforesaid warrant issued by me shall be of
full force and effect for a period of four days after the date on which it
would save for this warrant expire.

Dated the ...................day of 19

......................
Governor.

Form No. 5. [s. 4 (10).]

RECOGNIZANCE OF BAIL.

The Delwriation Ordinance, 1917.
Hongkong
in the police court at Victoria in the Colony of Hongkong oil the .........
day of .........19 .................... of
.........................of and
of ...........personally came before me the
undersigned a magistrate of the Colony and severally acknowledged them-
selves to owe to Our Sovereign Lord the King the several sums following,
that is to say the said .the sum of
................ the said .......the sum of
................ and the said ..........the
sum of ...............each to be made and levied of their
several goods and chattels lands and tenements respectively to the use of
our said Lord the King His Heirs and Successors if the said ...................
shall fail in the condition following.
Taken and acknowledged the ..........day of 19

Before me,

magistrate

interpreted by

sworn interpreter.





CONDITION.
The condition of the within-written recognizance is sue
.............................,shall that if the
said .................shall appear and surrender himself into the
custody of the Superintendent of the House of Detention in the Colony of
Hongkong on the ...............day of 19 at
o'clock in the noon then the said recognizance tobe void or else to
stand in full force and virtue.

Form No. 6. [s. 4 (12).]

ORDER FOR DISCHARGE.

The Deportation Ordinance, 1917.
Hongkong.

TO the Superintendent of the House of Detention.
Whereas is detained by you in the House of Detention by
virtue of a warrant issued under the provisions of the Deportation Ordi-
nance, 1917, and whereas His Excellency the Governor is satisfied that
the said .........................ought not
to be further detained and has given me directions accordingly : These are
therefore to command you to release the said .......................................
Dated the .................day of 19

...................................
Colonial Secretary.

Form No. 7. [ss. 3 (3), 4 (13).]

DEPORTATION ORDER.

Deportation Ordinance, 1917.
Council Chamber, Victoria, in the Colony of Hongkong, the ............
day of ......................19
Whereas it appears to the Governor in Council that ..........................
................................................................................
Should be prohibited
under the provisions of tile Deportation Ordinance, 1917, from being within
the Colony for the space of years (or for life) from the date
hereof upon the grounds hereinafter appearing :
The Governor in Council doth hereby by virtue of the said Ordinance
order that the above-named person be probibited and the said person is
hereby probibited from being in the Colony for the space of time aforesaid
from ihe said date, and doth further order that the period of ...................
days from the said date be fixed as the time within which the said person
shall depart from the Colony aforesaid.
Statement of the grounds upon which this order is made
That the said person

.............
clerk of councils.






Fop.m No. 8. is. 6 (3).]

INDORSEMENT AS TO TIME FOR DEPARTURE.

The Deportation Ordinance, 1917.
It is hereby ordered
(1) That the said .....................................................
shall depart from the Colony by the S.8 .................................
........................... ,
sailing on or about the

(2) That the S.S .............................................................
sailing on or about the .....................................................
be substituted for the said S.S ..........*
(3) That the time within which the said .......................................
.. shall depart from the Colony be extended
to the ...................................................................
Dated the .................................

By command,

....... ..
colonial secretary


To be filled up only if necessary.

FORM NO. 9. [s. 12 (4).]

INDORSEMENT AS TO EXPLANATION OF ORDER.

I, the undersigned police officer hereby certify that on the ..................
day of .........19 ..I explained the within order to the
said ...........in the Language
and that I was satisfied that he understood it.

Dated the ............day of 19

.............

police interpreter

No. 26 of 1917, repealed by Law Revision Ordi-
nance, 1924.

No. 27 of 1917, repealed by No. 30 of 1923.
[Originally No. 25 of 1917. No. 19 of 1921. Law Rev. Ord. 1924.] Short title. Interpretation. Power of summary deportation. Schedule. Form No. 7. Power of deportation generally. Schedule. Form No. 1. Schedule. Form No. 2. [s. 4 contd.] Schedule. Form No. 3. Schedule. Form No. 4. Schedule. Form No. 5. Schedule. Form No. 6. Schedule. Form No. 7. Service of deportation order and arrest. Deported person to be deemed to retain his nationality. Power to order that a deportee shall depart by a particular train or ship. Schedule. Form No. 8. Grounds and period to be stated in deportation orders. Certain persons prohibited from being within the Colony. Penalty for return from deportation or banishment. [cf. No. 3 of 1890, s. 85.] Ordinance No. 9 of 1912. Penalty for harbouring. Ordinance No. 9 of 1912. House of Detention. [cf. No. 9 of 1897, ss. 3, 4.] Evidence. [s. 12 contd.] Schedule. Form No. 9. Schedule. Form No. 2. Decision of Governor in Council to be final. Report to Secretary of State. Report to Secretary of State. Repeal of Ordinances Nos. 9 of 1912, 10 of 1913, 20 of 1914 and 35 of 1915.

[Originally No. 25 of 1917. No. 19 of 1921. Law Rev. Ord. 1924.] Short title. Interpretation. Power of summary deportation. Schedule. Form No. 7. Power of deportation generally. Schedule. Form No. 1. Schedule. Form No. 2. [s. 4 contd.] Schedule. Form No. 3. Schedule. Form No. 4. Schedule. Form No. 5. Schedule. Form No. 6. Schedule. Form No. 7. Service of deportation order and arrest. Deported person to be deemed to retain his nationality. Power to order that a deportee shall depart by a particular train or ship. Schedule. Form No. 8. Grounds and period to be stated in deportation orders. Certain persons prohibited from being within the Colony. Penalty for return from deportation or banishment. [cf. No. 3 of 1890, s. 85.] Ordinance No. 9 of 1912. Penalty for harbouring. Ordinance No. 9 of 1912. House of Detention. [cf. No. 9 of 1897, ss. 3, 4.] Evidence. [s. 12 contd.] Schedule. Form No. 9. Schedule. Form No. 2. Decision of Governor in Council to be final. Report to Secretary of State. Report to Secretary of State. Repeal of Ordinances Nos. 9 of 1912, 10 of 1913, 20 of 1914 and 35 of 1915.

https://oelawhk.lib.hku.hk/items/show/1312

BOARDING-HOUSE ORDINANCE, 1917

No. 23 of 1917.
An Ordinance to provide for the licensing and control of
places where persons are lodged for hire.

[12th October, 1917.]

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

2.-(1) In this Ordinance, boarding-house shall in-
elude evety place where any person is harboured or lodged
for any kind whatsoever 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, andwithout prejudice to sub-section (1),
and notwithstanding anything therein contained, boarding

house in this Ordinance shall include the following:-

(a) hotels;

(b) boarding-houses

(c) common lodging-houses as defined in the Public
health and Buildings Ordinance, 1903;

(d) places where employers lodge their employes, 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;
(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

See No. 12 of 1923, s. 8.
As amended by Law Rev. Ord., 1924.





(f) the authorisation 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 pafticular
class of boarding-house.

4.-(1) The Secretary for Chinese Affairs, or the Captain
Superintendent of Police, or the Harbour Master, or the
Read of the Sanitary Department, or any person authorised
thereto in writing by any, of the said officers, or authorised
thereto by any rule made under this Ordinance, way at any
hour search any place which either is a boarding-hotise
licensed under rules made under this Ordinance or is
suspected of being such a boarding-house. as should be
licensed under rules made under this Ordinance.

(2) Such officer or 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 any thing with respect to
which any offence against any rule made under this Ordi-
nance 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
searched except by a female, and provided that no person
shall be searched in a public place if he objects to be so
searched.

(3) No person shall obstruct any such search.

5. Upon the failure of any condition of any bond prescrib-
ed 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.





6. Every person who contravenes any of the provisions of
this Ordinance or of any 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.

7.-(1) Wherever any licensee would have been liable
under this Ordinance to any pecuniary penalty or forfeiture
for any thing done or omitted if such thing had been 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.

8. Nothing in this Ordinance shall limit the operation of
any of the following Ordinances or of any Ordinance amend-
ing or substituted for any of the said Ordinances

(a) The Merchant Shipping Ordinance, 1899;

(b) The Public Health and Buildings Ordinance, 1903;

(c) The Liquors Consolidation Ordinance, 1911;

(d The Travellers Restriction Ordinance, 1915;

(e) The Asiatic Emigration Ordinance., 1915.

No. 24 of 1917, incorporated in No. 9 of 1911.
[Originally No. 23 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 10 of 1899. Ordinance No. 1 of 1903. Ordinance No. 8 of 1920. Rules. Search. Forfeiture of bond. Penalties. Responsibility for acts of partners, agents, and servants. Saving of Ordinances Nos. 10 of 1899, 1 of 1903, 9 of 1911, 19 of 1915, and 30 of 1915.

[Originally No. 23 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 10 of 1899. Ordinance No. 1 of 1903. Ordinance No. 8 of 1920. Rules. Search. Forfeiture of bond. Penalties. Responsibility for acts of partners, agents, and servants. Saving of Ordinances Nos. 10 of 1899, 1 of 1903, 9 of 1911, 19 of 1915, and 30 of 1915.

https://oelawhk.lib.hku.hk/items/show/1311

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.-(1) Leave may be given to issue a writ of summons
in the Snpreme 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 tinie leave 's so given or at any
subsequent time, if satisfied that the writ cannot promptly be
served or brought to the notice of the enerny 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 itteans of advertisement or otherwise; and on. that
order being complied with, all proceedings may be taken on
the claim as if the writ had been served on the enemy
defendant by the usual means.

(2) The Chief Justicemay make such rules as he thinks
fit for expediting proceedings and regidating procedure

generally in a case where an enemy service order has been
made and the eitemy defendant does not appear; and any
rules so made shall have effect -is if they wore included in
the rules of court for the time being in force.

(3) The court, where an enemy service order has been
rnade 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 present 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.

3. For the purposes of this Ordinance,
(a) British subject includes a. corporation incorporated
in His Majesty's dominions.

(b) Enemy means any persons or body of persons of
whatever nationality resident or carrying on business in
an enemy country, but does not include persons of enemy
-nationality who are neither resident nor carrying on business
in an enemy country.

(c) Outbreak of war shall, as respects any enemy, be
construed as referring to the date of the outbreak of war
with the enemy country in which the enemy is resident or
carrying on business.


4. Nothing in this Ordinance shall prejudice or interfere
with any powers of the court to give leave to issu6 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.

As amended by law Rev. Ord., 1924.
[Originally No. 22 of 1917. Law Rev. Ord., 1934.] Short title. 5 & 6 Geo. 5, c. 36, s. 5. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

[Originally No. 22 of 1917. Law Rev. Ord., 1934.] Short title. 5 & 6 Geo. 5, c. 36, s. 5. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

https://oelawhk.lib.hku.hk/items/show/1310

PUBLIC SERVANTS LIABILITIES ORDINANCE, 1917

No. 10 of 1917.

An Ordinance to protect certain puRic serrants from
legal proceedings in respect of certain liabilitiles.

[30th March, 1917.]

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

2. In this Ordinance,

(a) Action includes legal proceedings and process of
every description other than criminal and includes proceed-
ings in bankruptcy.

(b) Public servant moans 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) This section shall not apply to any liability contracted
before the commencement of this Ordinance.

(4) Nothing in this section contained shall affect the riglit
of the holder of any security to realize the same by sale or
foreclosure.

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

No. 11 of 1917, incorporated in No. 28 of 1914.

No. 12 of 1917, incorporated in No. 4 of 1897.

No. 13 of 1917, incorporated in No. 10 of 1899.

No. 14 of 1917, repealed by Law Revision Ordi-
nance, 1924.


no. 15 of 1917, incorporated in no. 25 of 1914


nance,1924.

No. 17 of 1917, incorporated in No. 12 of 1916.

nance,1924.

No. 19 of 1917, repealed by No. 23 of 1919.

No. 20 of 1917, incorporated Ph No. 27 of 1914.

No. 21 of 1917, incorporated in No. 6 of 1887.
[Originally No. 10 of 1917. Law Rev. Ord., 1924.] 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 Rev. Ord., 1924.] Short title. Interpretation. Actions not to lie against public servants in certain cases. Proceedings in contravention of this Ordinance to be void.

https://oelawhk.lib.hku.hk/items/show/1309

CROWN LAND PRESERVATION ORDINANCE, 1917

No. 6 of 1917.

An Ordinance to make further provislon for the protection
of trees on Croun land and other crown property form
wilful damage.
[16th March, 1917.]

1. This Ordinance may be cited as the Crown Land
Preservation Ordinance, 1917.

2. If at any time it shall be shown to the satisfaction of
the Governor that trees or growing plants on Crown land
have been felled, cut, burned, or otherwise damaged or
destroyed, or that any wilful or wanton dainage has been
done on Crown land, and that there.is reason to believe that
such damage or destruction was cortimitted by any of the
inhabitants of any village or area, it shall be lawful for the
Governor to order that a court of inquiry shall be held at or
near the said village or in or near the said area.

3. In the case, of villages or areas in the New Territories,
the court of inquiry shall consist of the District Officer and
the Superintendent of the Botanical and Forestry Depart-
ment, and in all other cases it shall coidsist of the Secretary
for Chinese Affairs or any Assistant to the Secretary for
Chinese Affairs and the Superintendent of the Botanical and
Forestry Department.

4. The said court shall hold the inquiry in public and
shall afford to all persons who may be adversely affected full
opportunity of being heard in their defence.

As amended by Law Rev. Ord., 1924.
In the ease of the New Territories, this Ordinance has effect retrospectively from
the 1st January, 1916. See s. 9.





5. For the purposes of any such inquiry, the said court
shall have all the powers and privileges which under the
Commissioners Powers Ordinance, 1886, are or may be
conferred on commissioners appointed thereunder.

6. On the completion of the inquiry, the court shall report
to the Governor as to whether in their opinion the damage
or destritetion was caused by the inhabitants of any village
or area.

7. It shall be lawful for the Governor in Council, -upon
consideration of such report, to order that a fine shall be
imposed on the said village or on stich area as he shall
prescribe.

8.-(1) Every such fine shall be apportioned by the
Treasurer among all the owners of land in the said village or

area presciibed, in the manner specified in sub-section (2),
according to the amount of Crown rent or village rent payable
by such owners respectively.

(2) In the New Territories the Treasurer shall apportion
the fine among all the persons whose names appear on the
Crown rent roll for the said village or area, and elsewhere in
the Colony among all the persons whose names appear either
on the Crown rent roll or on the village rent roll for the said
village or area.

(3) The amounts so apportioned shall in each case be a
first charge on the land in respect of which the Crown rent
or village rent upon which the apportionment was based is
payable.
(4) The amounts sQ apportioned shall be recoverable from
the respective owners whose names appear on the Crown rent
roll or village rent roll respectively in the same. manner in all
respects as Crowin rent is recoveiable.

(5) It shall be lawful for the Governor in Council in his
discretion to remit the payment of any amount so apportioned
in the case of any owner of land in the said village or area
who was not resident in the said village or area at the time
when the damage or destruction occurred, or who was not a
party to such damage or destruction.

* As amended by Law Rev. Ord., 1924,

9. This Ordinance shall also apply to every case of such
damage or destruction which has occurred in the New Terri-
tories since the 1st day of January, 1916.

[s. 10, rep. Law Revision Ordinance, 1924.]
[Originally No. 6 of 1917. Law Rev. Ord., 1924.] Short title. Power to order inquiry. Composition of court of inquiry. Proceedings of court of inquiry. Powers of court of inquiry. Ordinance No. 13 of 1886. Report to be made to Governor. Power of Governor to impose fine. Incidence and method of levying fine. Retrospective effect of Ordinance.

[Originally No. 6 of 1917. Law Rev. Ord., 1924.] Short title. Power to order inquiry. Composition of court of inquiry. Proceedings of court of inquiry. Powers of court of inquiry. Ordinance No. 13 of 1886. Report to be made to Governor. Power of Governor to impose fine. Incidence and method of levying fine. Retrospective effect of Ordinance.

https://oelawhk.lib.hku.hk/items/show/1308

FOREST FIRES PREVENTION ORDINANCE, 1917

No. 5 of 1917.
An Ordinance to make provision for the better protection
of forests, forest reserves, and plantatilons from fire.

[16th March, 1917.]

1. This Ordinance may be cited as the Forest Fires
Prevention Ordinance, 1917.

2. In this Ordinance,
(a) Forest means any area of Crown land thickly
covered with self-grown trees.
(b) Forest reserve means any area of Crown land
reserved for forestry purposes, other than a forest or a
plantation.
(c) Plantation means any area of Crown land which
has been planted with trees or shrubs.

As amended by Law Rev. Ord., 1924.
3. Every person who wilfully or negligently sets fire to
any thing, whether growing or not, in or near any forest,

forest reserve, or plantation, in such a manner as to damage
or endanger any other thing which is growing in any forest,
forest reserve, or plantation, shall upon summary conviction
be, liable to a fine not exceeding one hundred dollars.

[Originally No. 5 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Damaging or endangering forests, etc., by fire.

[Originally No. 5 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Damaging or endangering forests, etc., by fire.

https://oelawhk.lib.hku.hk/items/show/1307

REVENUE OFFICERS POWER OF ARREST ORDINANCE, 1917

-1917.

No. 1 of 1917, mcorporated in No. 12 of 1916.

No. 2 of 1917.
An Ordinance to consolidate and ainend the law relating
to the powers of arrest possessed by revenue officers.

[16th March, 1917.]

1. This Ordinance ni-ay be cited as the Revenue Officers
Power of Arrest Ordinance, 1917.

2. In this Ordinance, revenue oflicer 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
attempting 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 specified in the Second Schedule.

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


4. It shall be lawful for the Governor in Council to amend
the Schedules to this Ordinance in any manner whatsoever.
[s. 5, rep. Law Revision Ordinance, 1924.]

FIRST SCHEDULE. [s. 2.]

no. of ordinance Short title.

9 of 1911. Liquors Consolidation Ordinance, 1911.
10 of 1916. Tobacco Ordinance, 1916.
30 of 1923. Opium Ordinance, 1923.
As amended by Law Rev. Ord., 1924.

SECOND SCHEDULE. [s. 3 (1).]
No. of
Ordinance. Short title.
1 of 1862. Military 'Stores (Exportation) Ordinance, 1862.
1 of 1873. Dangerous Goods Ordinance, 1873.
11 of 1886. Ships (Prohibition of Sale of Liquor) Ordinance, 1886.
2 of 1891. Gambling Ordinance, 1891.
2 of 1900. Arms and Ammunition Ordinance, 1900.
6 of 1900. Post Office Ordinance, 1900.
9 of 1911. Liquors Consolidation Ordinance, 1911.
11 of 1912. Foreign Copper Coin Ordinance, 1912.
15 of 1913. Foreign Silver and Nickel Coin Ordinance, 1913.
32 of 1915. Importation and Exportation Ordinanee, 1915.
9 of 1916. Pharmacy and Poisons Ordinance, 1916.
10 of 1916. Tobaceo Ordinance, 1916.
30 of 1923. Opium Ordinanee, 1923.
[Originally No. 2 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. First Schedule. Power arrest. Second Schedule. Power to amend Schedules.

[Originally No. 2 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. First Schedule. Power arrest. Second Schedule. Power to amend Schedules.

https://oelawhk.lib.hku.hk/items/show/1306

WAR LOAN ORDINANCE, 1916

No. 12 of 1916.

An Ordinance to authorise the ralsing of a war Loan.

[20th October, 1916.]

1. This Ordinance inay be cited as the war Loan Ordi-
nance, 1-916.

2. The Governor may raise a sum not exceeding three
million dollars by the issue in the Colony of bonds and any
sum so raised shall be placed at the disposal of His Majesty's
Governrment for the prosecution of the present war.

3.-(1) The principal moneys and interest represented by
the bonds issued under the provisions of this Ordinance are
hereby charged upon and shall be payable out of the revenue
and assets of the Colony.

(2) The Governor shall appropriate out of the revenue and
assets of the Colony such suins as may be necessary to
provide for the expenses of the flotation and management of
the loan.

4.-(1) Subject. to the provisions of sub-sections (2) to
(8), both inclusive, the bonds shall be redeemable at par on
the 1st day of November, 1928, from and after which date
all interest on the principal moneys represented thereby
shall cease and determine, whether payment of the principal
shall have been demanded or not.

(2) At any tinie or times after the 31st day of October,
1921, the Governor may approve of the redemption by
purchase of bonds of such denominations and to such
respective total nominal values as he may from time to time
determine.

(3) At any time or times after the 31st day of October,
1921, the Governor may appoint a day for the drawing by
lot of bonds of such denominations and to such respective
total nominal values as he may from time to time determine.

(4) If a day is appointed by the Governor for drawing,
the Colonial Treasurer shall give, by advertisement in the

As amended by No. 17 of 1917 and Law Rev. Ord., 1924.





Gazette, not less than fifteen days previous notice, specifying
the day on which, and the hour and place at which, the
drawing will take place, and the denominations and respect-
ive total nominal values of the bonds to be drawn.

(5) On the day and at the hour and place so specified, the
Colonial Treasurer shall hold a meeting, at which the holder
of any bond may, if he thinks fit, be present, and shall then
in the presence of such bond holders, if any, as may attend,
draw by lot, out of the whole number of bonds for the time
being outstanding of the respective denominations specified,
bonds to such respective total nominal values as shall have
been specified.

(6) The Colonial Treasurer shall thereupon declare the
distinguishing numbers of the bonds drawn for redemption,
and shall, as soon as may be, by advertisement in the Gazette,
specify those numbers and appoint a day, not being earlier
than fifteen days from the day of the drawing and not being
later than the day on which the then current half-year's
interest is payable, on which the principal moneys repre-
sented by the bonds so distinguished will be repaid.

(7) On the day so appointed there shall be paid to the
holders of the bonds drawn for redemption, at the head office
of the Hongkong and Shanghai Banking Corporation, the
principal moneys represented by those bonds, with all
interest payable thereon up to that day.

(8) From and after the day appointed for the repayment
of any bond, all interest on the principal moneys represented
thereby shall 'cease and determine, whether payment of the
principal shall have been demanded or -not.

5. Every bond and coupon and the right to receive the
principal and interest represented thereby shall be transfer-
able by delivery.

6. The Governor shall in each half-year ending with the
day on which the interest on the bonds falls due appropriate
out of the revenue and assets of the Colony a sum equal to
one half-year's interest on the whole of the bonds outstand-
ing in order that the interest for the said half-year may be
paid therefrom.





7. The Governor shall in each year ending on the 31st day
of October appropriate out of the revenue and assets of the
Colony for the formation of a sinking fund an additional sum
of not less than six dollars and sixty-six cents per hundred
dollars on the total nominal value of all the bonds issued,
including any which may have been redeemed.

8.-(1) The sinking fund shall be applied in the first
instance in payment of all expenses of or incidental to the
redemption of the bonds, and in the next place in repayment
of the principal moneys represented by the bonds.

(2) Incase the. sinking fund shall be insufficient for the

payment of the principal moneys at the time when such pay-
ment shall become due, the Governor shall make good the
deficiency out of the revenue and assets of the Colony.

9. The moneys appropriated for the formation of a
ing fund shall, so far as they are not required for the pur-
poses of section 8, be invested in such manner as may be,
approved by the Governor in Council and the dividends, in-
terest or produce of such investment shall be invested in like
manner.

10. The interest on each bond shall be at the rate of six
per cent per annum and shall run from the day named in
that behalf in the bond and shall be paid half-yearty at the
head office of the Hongkong and Shanghai Banking Corpora-
tion on the days named in that behalf in the coupons.

11. The Governor shall have power---
(a) to determine the amounts for which the bonds shall be
issued;
(b) to determine the form of the bonds;
(c) to determine the terms upon which the bonds shall be
issued, whether with regard to the price of issue or the con-
ditions of application and deposit or otherwise;
(d) to provide for the issue in the first instance of scrip
certificates to be exchanged later for bonds;
(e) to provide for the issue of coupons for the payment of
interest;

As amended by No. 17 of 1917.
As amended by Law Rev. Ord., 1924.





(f) to determine the days on which the half-yearly interest
is to 'be payable;

(g) to give the necessary directions for the redemption of
the bonds whether by drawing or purchase;

(h) to give any other necessary directions for the purpose
of carrying out this Ordinance and for the management of
the loan, provided that such directions are not inconsistent
with the provisions of this Ordinance.

12. Bonds issued mider this Ordinance and the principal
and interpst represented thereby shall be exempt from all
duties and all taxes now leviable or which may hereafter be
leviable in the Colony.

13. On the. repaynlent of the principal moneys represented
by any bond and on the repurchase of any bond, the bond
shall be delivered up to the Hongkong and Shanghai Bank-
ing Corporation and shall lie cancelled by the said Corpora-
tion.

14. All moneys appropriated out of the revenue and assets
of the Colony for the payment of the interest on the bonds
and for the formation of the sinking fund, and all dividends,
interest or produce of any investments which represent any
portion of the sinking fund, shall be deducted from the
Colonial revenues before the calculation of the stims payable
to His Majesty's Government under the Defence Contribution
Ordinance, 1901.

No. 13 of 1916, incorporated in No. 5 of 1901.
No. 14 of 1916 and No. 15, of 1916, repealed by
Law Revision Ordinance, 1924.

* As amended by No. 1 of 1917.
[Originally No. 12 of 1916. No. 1 of 1917. No. 17 of 1917. Law Rev. Ord., 1924.] Short title. Authority to raise loan. Loan to be a charge on general revenue. Redemption. Transfer by delivery. Provision for payment of interest. Provision for sinking. Application of sinking fund. Investment of sinking fund. Payment of interest. Powers of Governor. Exemption from duties and taxes. Delivery up of bond on repayment or repurchase. Exemption from Defence Contribution. Ordinance No. 1 of 1901.

[Originally No. 12 of 1916. No. 1 of 1917. No. 17 of 1917. Law Rev. Ord., 1924.] Short title. Authority to raise loan. Loan to be a charge on general revenue. Redemption. Transfer by delivery. Provision for payment of interest. Provision for sinking. Application of sinking fund. Investment of sinking fund. Payment of interest. Powers of Governor. Exemption from duties and taxes. Delivery up of bond on repayment or repurchase. Exemption from Defence Contribution. Ordinance No. 1 of 1901.

https://oelawhk.lib.hku.hk/items/show/1305

TOBACCO ORDINANCE, 1916

No. 10 of 1916.
An Ordinance to provide for the taxation of tobacco.

[14th July, 1916.]

GENERAL.

1. This Ordinance may be cited as the Tobacco Ordinance,

2. In this Ordinance,

(a) Dutiable tobacco means tobacco on which the duty
has not been paid and inchides tobacco which is to be
exported.

(b) Duty-paid tobacco means tobacco on which the full
duty leviable by law has been paid.

(c) Export means to carry out of the Colony or to cause
to be carried out, of the Colony, and includes the carriage
out of the Colony of tobacco which was carried into the
Colony by water and which is, without transhipment into
any other vessel, carried out of the Colony on the same vessel
on which it was carried into the Colony.

(d) General bonded warehouse means a place appointed
by the Superintendent for the warehousing of dutiable to-
bacco into which dutlabie tobacco may be removed by the
licensee of such general bonded warehouse without a permit
direct from the ship on which it was imported or from the
Railway premises.

(e) Import ineans to carry into the Colony or to cause
to be earried into the Colony.

(f) Licensed warehouse means any place, other than a
general bonded warehouse, appointed by the Superintendent
for the warehousing of dutiable tobacco.

(g) Manufacture includes every kind of preparation,
mixing, and treatment, except packing and unpacking.

(h) Master includes every person, except a pilot, having
command or charge of any ship.

Revenue officers may arrest without warrant in respect of offences against the
provisions of this Ordinance. See No. 2 of 1917.
As amended by Law Rev. Ord., 1924.





(11), Person , except so far as relates to the imposition
of the penalty of imprisonment, includes a body corporate
and a firm.

(j) Police station includes the offices of the Superin-
tendent.

(k) Railway ineans the Kowloon Canton Railway, British
Section.

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

(m) Superintendent means the Superintendent of Im-
ports and Exports and any Assistant Superintendent of
Imports and Exports.

(n) Tobacco includes all tobacco other than growing
tobacco, whether prepared or not.

3.-(1) It shall be lawful for the Governor in Council to
make regulations for any of the following purposes:-

(a) the restriction, regulation, and control of the importa-
tion, exportation, manufacture, sale and possession of
tobacco;

(b) the time and mode of collection of the duty on tobacco
and the granting of rebates on exported tobacco;

(c) the licensing, regulation, and control of general bonded
warehouses and licensed---warehousesand the control of the
dutiable tobacco stored therein;

(d) the imposing of conditions to be observed by appli-
cants for licences and permits and by the holders of licences
and permits

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

(2) Subject to the exercise of the above powers, the
regulations contained in the First Schedule shall be in force
from the commencement of this Ordinance and shall be
deemed to have been made under this Ordinance.

As amendediby Law Rev. Ord., 1924.





4.-(1) It shall be lawful for the Governor in Council to
prescribe the fees, if any, to be paid for licences and
permits.
(2) Subject to the exercise of the above power, the fees
specified in the Third Schedule shall be in force from the
commencement of this Ordinance.

5. it shall be lawful for the Governor in Council to amend
in any way whatsoever any of the Schedules to this Ordi-
nance.

6.-(1) Subject to sub-section (3), the following duties
shall be payable on all tobacco -which is imported into the
colony:-
(a) Cigars valued at not less than $3.25
per lb ...................---$2.50 per lb.
(b) Cigars valned- at not less than $2.10
per lb. - - .................1 1.50 per lb.
(c) Cigars valued at not less than $1.50
per lb ...........................70 per 11).
(d) Cigars valued at not less than S' .70
per lb. ~ ........................50 per lb.
(e) Tobacco, cigarettes and snuff valued at
not less than $1.60 per lb ......1.50 per lb.
(f) Tobacco', cigarettes and snuff valued at
less than $ 1.60 per lb. and not less
than $ 1. 10 per lb . ............70 per 11).
(g) Tobacco, cigarettes and snuff -valued at
less than $1.10 per lb. and not less
than $ .60 per lb . ..............50 per lb.
(16) Tobacco, cigars, cigarettes and snuff of
any other kind not herein otherwise
provided for .....................30 per lb.
(2) The valuation hereinbefore referred to shall be that
contained in the invoice relating to the imported tobacco,
unless there be no such valuation or the propriety of such
valuation be questioned by the Superintendent or by a
revenue officer, in which cases the valuation hereinbefore
referred to shall be that which shall be put upon the
tobacco by the Superintendent.

* As amended by Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924, and Legislative Council Resolutions con-
tained in G.Ns. Nos. 343 of 1916, 4 of 1919, 138 of 1921 and 212 of 1923.





(3) The following tobacco shall be exempt from duty:-

(a) tobacco which is exported;

(b) ships stores;

(c) tobacco which is imported in broken packages in
passengers baggage for private use and which does not
exceed such quantity, weight, or value as may be allowed
by the Superintendent or as may be appointed by regula-
tions made under this Ordinance.
(4) If any tobacco is imported for the purpose of being
manufactured in the Colony and such tobacco is actually
manufactured in the Colony, it shall be liable to duty at the
rate at which it would have been liable if it had been im-
ported originally in its manufactured state.

7. It shall be lawful for the Legislative Council by
resolution to vary in ally way any of the said duties or to
impose new duties on any tobacco imported into or manu-
factured in the Colony or already in the Colony at the com-
mencement of this Ordinance and to increase or decrease any
such duties.

8.-(1) It shall be lawful for the Governor in Council, in
anticipation of any such resolution of the Legislative Council,
to vary in any way any of the duties imposed under this
Ordinance or to impose newchities on any tobacco imported
into or manufactured in the Colony, and to increase. or
decrease ally duties imposed under this Ordinance.

(2) Every such order of the Governor in Council shall
take effect as from and including the day on which such order
is published lit the Gazette: Provided that, if the said
order be not confirmed by the Legislative Council within
six weeks from the publication thereof, it shall cease to be of
any effect and tiny new or increased duty paid under the
provisions thereof shall forthwith be refunded or credited to
the persons by whom such duty was paid.

[s. 9, rep. Law flevision Ordinance, 1924.]

10.-(1) When any new duty is imposed and when any
duty is increased and any tobacco is delivered on or after the
day on which the new or increased duty takes effect, in

As amended by No. 20 of 1921,





pursuance of a contract made before that day, and the seller
has paid such new or increased duty, he may in the absence
of any agreement to the contrary recover as an addition to
the contract price a sum equal to the amount paid by him
in respect of the tobacco on account of the new duty or the
increase of duty, as the case may be.
(2) When any duty is repealed or decreased and any
tobacco affected by the duty is delivered on or after the day
on which the duty ceases or the decrease in duty takes effect,
in pursuance of a contract made before that day, the buyer,
in the absence of any agreement to the contrary, may, if the
seller has had in respect of that tobacco the benefit of the
repeal or decrease in the duty, deduct from the contract price
a sum equal to the amount of the duty or the decrease of
duty, as the case may be.
(3) When any addition to or deduction from the contract
price may be made under this section on account of any new
or repealed duty, such sum as may be agreed upon, or in
default of agreeinent as may be determined by the Super-
intendent, as representing in the case of a new duty any
expenses incurred and in the case of a repealed duty an-y
expenses saved may be included in the addition to or deduc-
tion from the contract price and may bc recovered or
deducted accordingly.

(4) This section shall apply although the tobacco inay have
undergone some process of manufacture.

11.--(1) The duty on tobacco imported into the, Colony
shall be payable as follows :-

(a) If the tobacco is not forthwith removed into a general
bonded or licensed warehouse, and is not removed for
immediate re-export under an export permit issued under
this Ordinance, the duty shall be payable before the removal
of the tobacco from the ship on which it was imported or
from the Railway premises, as the case may be.

(b) If the tobacco is forthwith removed into a general
bonded or licensed warehouse, the duty shall be payable
before the removal of the tobacco from such general bonded
or licensed warehouse, unless such removal is for export or
is into another general bonded or licensed warehouse.

As amended by No. 20 of 1921,





(c) If the tobacco is imported by the post, the duty shall
be payable before the delivery of the tobacco to the addressee,
and the Postmaster General shall refuse to deliver any such
tobacco until the duty has been paid.

(2) The duty upon tobacco manufactured in the Colony
shall be payable before the removal of such tobacco from the
place in which it is manufactured, unless such removal is for
export or is into a general bonded or licensed warehouse.
If the tobacco is removed into a general bonded or licensed
warehouse, the duty shall be payable before removal from
such bonded or licensed warehouse.

12. The Superintendent shall give a receipt in the form
in the Second Schedule for any duty received by him under
this Ordinance.

13. Any duty payable under this Ordinance may be re-
covered in all respects in the same manner as Crown rents
are recovered under the Crown Remedies Ordinance, 1875,
upon a certificate purporting to be under the hand of the
Treasurer.

14. In all proceedings under this Ordinance in respect of
any tobacco, and in all proceedings for the recovery of any
duty imposed by or under this Ordinance, the tobacco to
which the proceedings relate shall be presumed to be dutiable
tobacco unless the person against whom the proceedings
have been taken proves to the court or magistrate that the
proper duty has been paid upon it.

Movement and possession.

15. No person shall import, export, move, sell, buy, manu-
facture or have in his possession, custody or control any
tobacco except in accordance with the provisions of this Ordi-
nance and of all regulations made thereunder.

16.-(1) No tobacco shall be imported or exported except
by sea or by the Railway.

(2) No tobacco shall be imported from China into the New
Territories : Provided that this sub-section shall not apply

As amended by Law Rev. Ord., 1924.
As amended by No. 20 of 1921. ,





to tobacco which is imported by the Railway and which is
not removed from the train anywhere except at Kowloon
station.

(3) All tobacco imported by the Railway shall be consigned
through to Kowloon by railway invoice.

(4) It shall be lawful for the Superintendent either generally
or in any particular case to grant exemption from any of the
provisions of this section.

17.-(1) The owners, charterers, agents master and com-
pradore of every ship shall not allow the discharge of any,
dutiable tobacco from the ship without a permit unless the
tobacco is delivered direct to the licensee of a general bonded
warehouse or his servant for removal direct into a general
bonded warehouse.

(2) If any dutiable tobacco is clischarged from a ship with-
out a permit and is not delivered direct to the licensee of a
general bonded warehouse or his servant for removal direct
into a general bonded warehouse, the owners, charterers,
agents, master and compradore of the ship shall be deemed
to have allowed the tobacco to be so discharged and shall be
deemed to be guilty of an offence against this Ordinance,
unless it shall be proved to the court or magistrate that the
tobacco was so discharged without the knowledge of the
person charged and that such person had taken all reasonable
precautions to prevent any such discharge.

(3) Notwithstanding anything contained in this section, it
shall be lawful for the master of any ship to permit the
landing of any dutiable tobacco which forms part of the
contents of a mail brought into the Colony by such ship,
provided that such tobacco is landed for removal direct to
the Post Office as part of such mall.

18.-(1) No person other than the licensee of a general
to bonded warehouse shall remove any dutiable tobacco from
any ship or from any Railway premises except under and in
accordance with the conditions of a permit issued under this
Ordinance, and if the licensee of a general bonded warehouse
removes any dutiable tobacco from a ship or from any
Railway premises without a permit he shall forthwith remove
such tobacco direct into a general licensed warehouse.





(2) Notwithstanding anything contained in this section, it
shall be lawful for the master of any ship to remove or cause
to be removed to the Post Office any dutiable tobacco which
forms part of the contents of a mail brought into the Colony
by such ship, provided that such dutiable tobacco is removed
direct from the ship to the Post Office as part of the contents
of such mall.

19. No person shall remove any tobacco from any general
bonded or licensed warehouse except under and inaccordatice
with the conditions of a permit issued mider this Ordinance.

20. No person shall re-land or permit to be re-landed any
tobacco shipped under any permit or knowingly neglect or
omit to cause such tobacco to be exported in accordance with
the terms of such permit.

21.-(1) Dutiable tobacco imported on board any ship
and intended to be exported on board the same ship without
landing or transhipment or to be used as ships stores while
the ship is in the waters of the Colony shall during the whole
time that the ship is in the waters of the Colony be kept in
a place of safety under the custody and control of the master.
(2) The Superintendent and any person authorised by him
in writing either generally or in any particular instance shall
be permitted at all times to inspect such dutiable, tobacco and
to place seals on any package or place in which it may be.
(3) No seal so placed shall without the permission of the
Superintendent be broken while the ship is in the waters of
Colony.

22. No dutiable tobacco shall be removed for export from
any general bonded or licensed warehouse except in closed
packages permanently marked by stencil or otherwise on at
least three sides with the words For Export in letters not
less than three inches high.

23. No person shall move any dutiable tobacco except in
such quantities as may be approved by the Superintendent or
may be appointed by regulations made under this Ordinance.

24.-(1) Except with the perinission of the Superintendent,
no person shall have in his possession, custody or control
any dutiable tobacco unless such tobacco is-





(a) on board the ship ou which it was imported; or
(b) on the Railway premises; or

(c) in a general bonded or licensed warehouse; or

(d) on board the ship on which it is to be exported; or

(e) under the immediate physical control of the licensee of
a general bonded warehouse or his servant and in course of
removal direct to such warehouse from the ship on which it
was imported or from the Railway premises; or

(f) under the immediate physical control of the holder of
a removal permit or his servant and in course of removal in
accordance with the conditions of such permit direct to the
place to which removal is authorised by such permit; or
(g) part of the contents of a mail and is either in the Post
Office or is in course of removal direct to the Post Office from
the ship on which it was imported.

(2) The onus of proving that the tobacco was in course of
such direct removal shall be on the person in whose possession,
custody or control such tobacco is found.

25. No person shall, without the permission of the
Superintendent, receive into or have in his possession,
custody or control any tobacco which was illegally imported,
moved or manufactured.

26. No person shall sell, offer for sale, or buy any dutiable
tobacco stored elsewhere than in a general bonded or licensed
warehouse or on board the ship on which it was imported or
on the Railway premises.

27. The owners, charterers, agents and master of every
ship on which any tobacco is imported shall within four hours
after the arrival of such ship in the waters of the Colony, or
so soon thereafter as the office of the Superintendent is open,
furnish to the Superintendent a true, accurate and complete
statement of all tobacco imported thereon.

28. The owners, charterers, agents and master of every
ship on which any tobacco is exported shall within twenty-
four hours after the departure of such ship furnish to the
Superintendent a true, accurate and complete statement of
all tobacco exported thereon.





29. Every import or export statement furnished in accord-
ance with the provisions of this Ordinance shall be signed
by the party furnishing it and shall contain such particulars
as may be appointed by the Governor in Council, and in
default of such appointment shall be in the respective forms
in the Second Schedule.

Licences.

30.-(1) It shall be lawful for the Superintendent to
issue the following licences

(a) General bonded warehouse licence.

(b) Licensed warehouse licence.

(c) Manufacturers licence.

(d) Importers licence.

(c) Retailers licence.

Such other licences as the Governor in Council may
appoint.

(2) Such licences may be in the respective forms in the
Second Schedule or in such other form as the Governor
in Council may appoint.

(3) Such licences shall be for such periods as the
0overnor in Council may appoint, and in default of such.
appointment every such licence shall expire on the 31st
day of December next after the date of its being issued.

(A) The grant or renewal of any such licence shall be, in
the absolute discretion of the Superinten dent.

31.-(1) No person shall manuficture tobacco except
under and in accordance with a manufacturers licence.

(2) The licensed premises of the holder of a manu-
facturers licence shall for all purposes of this Ordinance be
deemed to be a licensed warehouse.

32. No person shall import any tobacco for sale except
under and in accordance with an importers licence.

As amended by Law Rev. Ord., 1924.





33. No person shall sell any tobacco by retail except
under and in accordance with a retailers licence: Provided
that this section shall not apply to any licensed hawker.

34.-(1) Every licensee under this Ordinance shall at
all times allow the Superintendent or any revenue officer
to enter his premises and to inspect the stock of tobacco
therein and to take samples thereof and to inspect and make
copies of and extracts from any books of account kept in
connexion therewith and any other documents relating
thereto.

(2) Such licensee shall produce all such books and docu
ments on demand.

35. The licensee of every general bonded or licensed
warehouse shall be liable for the payment of all duties
payable in respect of any tobacco at any time stored therein,
and shall prevent the removal of any tobacco therefrom
except in accordance with the provisions of this Ordinance
and of all regillations made thereunder.

36. If it shall appear at any time that there is a deficiency
in any general bonded or licensed warehouse in the quantity
of dutiable tobacco which ought to be found stored therein,
the licensee of such general bonded or licensed warehouse,
shall be liable to pay to the Superintendent the duty leviable
upon such deficiency, and shall in the absence of proof to
the contrary be to have removed such tobacco
Without a permit.

37.-(1) It shall be lawful for the Superintendent to
issue the following permits:-

(a) to remove duty-paid tobacco from a ship or from the
Railway premises or from a general bonded or licensed
warehouse;

(b) to remove dutiable tobacco from a ship to a licensed
warehouse or from a general bonded or licensed warehouse
to a general bonded warehouse or to a licensed warehouse;

As amended by Law Rev. Ord., 1924.





(c) to remove dutiable tobacco from a ship or from the
Railway premises or from a general bonded or licensed
warehouse for export;

(d) such other permits as the Governor in Council may
appoint.

(2) Such permits may be in the respective forms in the
Second Schedule or in such other form as the Governor in
Council may appoint.

(3) Before issuing any permit it shall be lawful for the
Superintendent to demand the production of all or any
invoices, bills of lading or other documents relating to the
tobacco in question, and the person applying for the permit
shall on such demand produce all such documents.

(4) Every person who applies for any export permit
shall submit to the Superintendent the application and
permit in triplicate, and every person who applies for any
other permit shall submit to the Superintendent the applica-
tion and permit in duplicate.

(5) Every application for a permit under this Ordinance
shall be signed by the applicant, and if the applicant is a
body corporate or a firm the application shall be signed
also by some employe or agent of such body corporate or
firm, and in the case of a Chinese firm the application shall
also be chopped with the chop of the firm.

(6) Every person who has obtained a permit under this
Ordinance and who has not availed himself thereof on the
date for which it was issued shall return such permit to the
Superintendent within twenty-four hours after such date or
so soon thereafter as the office of the Superintendent is open.

38.-(1) Export permits shall be issued in duplicate and
the exporter shall procure a receipt for the tobacco in ques-
tion to be indorsed on one copy of such permit by the
master or mate of the ship on which the tobacco is to be
exported and shall forthwith deliver such copy so indorsed to
the Superintendent.

(2) The Superintendent may, instead of issuing the
duplicate copy of the export permit to the exporter, deliver
it to a revenue officer who shall thereupon accompany the
tobacco on board the ship on which it is to be exported.





(3) The Superintendent may refuse to issue any export
permit antil such time before the proposed sailing of the ship
on which the tobacco is to be exported as he may consider
reasonable.

(4) The Superintendent may refuse to issue any export
permit to export dutiable tobacco as ships stores unless the
application for the permit is indorsed by the master or agent
of the ship to the effect that the tobacco is for ships use.

(5) No export permit shall be necessary for the exportation
of any tobacco which is, without landing or transhipment
into any other ship, exported on the ship on which it was
imported.

Revelule Officers.

39.-(1) The Superintendent may appoint such persons
as he may think fit to act as reveime officers tinder this Ordi-
nance and may at any time cancel any such appointment.
(2) The Superintendent may in case of any absence from
duty or breach of discipline or neglect of duty on the part
of any revenue officer order such revenue officer to forfeit
any sum not exceeding ten dollars.
(3) No revenue officer shall desert or absent hiniself from
his duty or be guilty of any breach of discipline or neglect
of duty.

(4) Every revenue officer shall on ceasing for any cause to
be a revenue officer, and at any time on demand by the
Superintendent, deliver up his badge of office to the Super-
intendent.

(5) Every revenue officer under this Ordinance and every
person having the powers of a revenue officer under this
Ordinance and every police officer when acting against any
person under this Ordinance shall on demand declare his
office and produce his badge.
(6) The following shall have all the powers of a revenue
officer under this Ordinance:-

(a) the Superintendent;
(b) all police officers;

As amended by No. 20 of 1921 and Law Rev. Ord., 1924.





(c) all revenue officers appointed under the Liquors Con-
solidation Ordinance, 1911

(d) all revenue officers appointed under the Opium Ordi-
nance, 1923 ;

(e) all Railway officials not below the rank of traffic.
inspector.

Search, examination and arrest.

40. Any revenue officer may board any ship (not being
or having the status of a ship of war) and remain on board
so long as such ship remains in the Colony.

41.-(1) Every person landing from or embarking on any
ship or entering or leaving the Colony by land accompanied
by any goods or baggage shall-

(a) on dertiand bY any revenue or police officer either
permit his goods and baggage to be searched by such officer,
or, together with such goods and baggage, accompany such
officer to a police station and there permit his goods and
baggage to be searched by any revenue or police officer in
the presence and under the supervision of any European
revenue or police officer or other police officer not below the
rank of sergeant; and

(b) on demand by any European revenue or police officer
permit his goods and baggage to be searched by such
[European revenue or police officer or by any revenue or
police officer in the presence and under the supervision of
such European revenue or police officer.

(2) The goods and baggage of any person who claims to
be present when they are searched shall not be searched
except in his presence.
(3) Any person who refuses to comply with any lawful
demand under this section may be arrested without warrant
by the officer making the demand.

42. Any box, chest, package or other article (not being
passengers baggage accompanied by the owner) which is
being landed from or is being embarked on any ship or has
been recently landed from any ship or is in or on board any
ship (not being or having the status of a ship of war), islet,

As amended by No. 20 of 1921.





landing place, wharf, warehouse or place adjoining any
wharf or used in connexion therewith, or which is being
removed from any such ship, islet or other place, or which
is being brought into or has recently been brought into the
Colony by land-

(a) may be examined and searched. by any revenue officer,
and may be detained until any person in charge thereof shall
have opened the same to admit of such examination and
search, and in default of such opening may be removed by
such officer to a police station;

(b) may be broken open by the orders of any European
revenue or police officer to facilitate such examination and
search: Provided that any person in charge or possession of
such box, chest, package or other article shall be afforded
every reasonable facility for being present at such breaking
open, examination and search.

43. Any revenue or police officer, having reasonable
ground for believing that there is any tobacco in any ship
in contravention of this Ordinance (such ship not being or
having the status of a ship of war) may proceed without
warrant on board such ship and search for such tobacco and
may seize any such tobacco so found and shall take the same,
together with the person in whose possession it may be
found, to a police station in order that he may be brought
before a magistrate to be dealt with according to law.

44.-(1) Where it appears to any justice of the peace,
upon the oath of any person, that there is reasonable cause
to believe that in any place, or on board any ship (not being
or having the status of a ship of war), there is concealed or
deposited any tobacco subject to forfeiture or with respect
to which an offence has been committed or is about to be
committed against this Ordinance, such justice of the peace
may, by his warrant directed to any revenue or police officer,
empower such officer, by day or by night-
(a) to enter such place, or to go on board such ship, and
there to search for and take possession of any such tobacco;
and
(b) to arrest any person being in such place or ship, in
whose possession such tobacco may be found, or whom Such
officer may reasonably suspect to have concealed or deposited
any such tobacco in such place or ship or thereabout.





(2) Such officer may, if necessary,-
(a) break open any outer or inner door of any dwelling-
house, shop, or other building or place, and enter thereinto;
(b) forcibly enter such ship and every part thereof
(c) remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect;
(d) detain every person found in such place or on board.
such ship until such place or ship has been searched;
(e) seize and detain any such tobacco found in such place
or ship; and
(f) seize and detain any such tobacco found in any place
whatever within the Colony in the possession, custody or
control of any of the persons against whom his warrant has
been issued.

45. Whenever it appears to any European revenue officer s
generally or specially authorised in writing by the Superin-
tendent for the purpose of carrying out the provisions of this
section that there is reasonable cause to believe that in any
place there is concealed or deposited any tobacco subject to
forfeiture or with respect to which an offence has been com-
mitted or is about to be committed against this Ordinance
and he shall have reasonable ground for believing that by
reason of the delay in obtaining a search warrant the tobacco
is likely to be removed, the said officer in virtue of his office
may exercise in, upon and in respect of such place all the
powers mentioned in section 44 in as full and ample a
manner as if he were empowered to do so by warrant issued
under the said section.

46-(1) Any revenue officer may arrest without war-
rant-
(a) any person found committing, or attempting to commit,
or employing, aiding, or assisting any person to commit, any
offence against this Ordinance;
(b) any person whom he may reasonably suspect to have
in his possession any tobacco subject to forfeiture under this
Ordinance.
(2) Every person so arrested shall, together with any such
tobacco found in his possession, be taken to a police station.

As amended by Law Rev. Ord., 1924.





(3) Every such person and his luggage shall be liable to
be searched before such person is taken to the police station
but only under the supervision of a European revenue officer
or of a police officer not under the rank of sergeant.

47. No person shall obstruct the Superintendent or any
revenue or police officer in the carrying out of any inspection
or search authorised by or under this Ordinance or in the
execution of any duty imposed or power conferred by or
under this Ordinance.

48. Every person required by a revenue officer to give any
information on any subject which it is the officer's duty to
inquire into under this Ordinance, and which it is in his
power to give, shall be legally bound to give such informa-
tion.

49.-(1) Every person applying for a permit under this
Ordinance shall allow the Superintendent or any person
authorised by him in writing either generally or for a partic-
ular occasion to take samples of the tobacco to which the
application relates.
(2) Every person licensed under this Ordinance and the
holder of every permit under this Ordinance shall allow the
Superintendent or any other person authorised by him in
writing either generally or for a particular occasion to take
samples of any tobacco in his possession, custody or control.

(3) The Superintendent or the person authorised by him
as hereinbefore provided may select the case or receptacle
from which the sample is to be taken.

50. No person shall make any false or inaccurate or
misleading statement or apply any false or inaccurate or
in] sleading description or supply any false or inaccurate or
misleading particulars in any document required under the
provisions of this Ordinance or of any regulations made
thereunder or in or in connexion with any application for any
licence or permit to be issued under this Ordinance.

51. In all proceedings under this Ordinance and in all
proceedings for the recovery of any duty on tobacco, the
production of any copies of or extracts from the records of
the Superintendent purporting to be certified by the Super-





intendent shall be prima facie evidence of the facts stated or
appearing therein or to be inferred therefrom.

52. The magistrate hearing any charge under this Ordi-
nance may employ an analyst or other skilled person to report
on any technical point, and may order the payment of the fee
of such analyst by the defendant in addition to any other
penalty, and such fee shall be recoverable in the same way
as a penalty imposed under this Ordinance is recoverable.

53. At the hearing of any charge under this Ordinance,
the production of a certificate purporting to be signed by the
Government or Monopoly Analyst shall be sufficient evidence
of the facts therein stated, unless the defendant requires that
the Analyst should be called as a witness, but, if the defend-
ant shall require the Analyst to be called, the magistrate
may order him in addition to any other penalty to pay a fee
of twenty-five dollars for the attendance of the Analyst, such
fee to be recoverable in the same way as a penalty imposed
under this Ordinance is recoverable and to be paid into the
Treasury.

54. Except as hereinafter mentioned, no information laid
under this Ordinance shall be admitted in evidence in any
civil or criminal proceeding whatsoever and no witness shall
be obliged or permitted to disclose the name or address of
any informer under this Ordinance or state any matter which
might lead to his discovery. Moreover, if any books, docu-
ments or papers which are in evidence or liable to inspection
in any civil or criminal proceeding whatsoever contain any
entry in which any informer is named or described or which
might lead to his discovery, the court shall cause all such
passages to be concealed from view or to be obliterated so far
as may be necessary to protect the informer from discovery
but no further. But if on the trial of any offence under this
Ordinance the magistrate after full inquiry into the case
believes that the informer wilfully made in his information a
material statement which he knew or believed to be false or
did not believe to be true or if in any other proceeding the
magistrate is of opinion that justice cannot be fully done
between the parties thereto without the discovery of the
informer, it shall be lawful for the magistrate to require
the production of the original information and permit
inquiry and require full disclosure concerning the informer.





55. The magistrate may, on the application of the Super-
intendent, award to an informer any portion of any fine
imposed under this Ordinance not exceeding one-half.

56. Every licensee under this Ordinance and the holder
of every permit under this Ordinance shall, without prejudice
to the liability of any other person, be liable criminally, for
the acts and omissions of his agents and servants in respect
of any offence against this Ordinance, and if such licensee or
such permit-holder is himself an agent or servant of a
company or firm and the licence or permit has been granted
wholly or partly for the benefit of such company or firm, he
shall, without prejudice to the liability of any other person,
be liable criminally for the acts and omissions of the agents
and. servants of such company or firm in respect of any
offence against this Ordinance : Provided that no person
shall be sentenced to imprisonment by virtue only of the
provisions of this section.

57.-(1) A sommons may be served on a body corporate
or a firm by leaving a copy thereof with an adult at the
last-known address of the body corporate or firm, and if the
body corporate or firm does not appear in answer to such
summons the magistrate may proceed ex parte.

(2) In answer to such summons, a body corporate may
appear by an officer of such body corporate and a firm may
appear by a partner or a responsible representative of such
firm.

Offences, penaltiles and forfeitures.

58. Every person who contravenes any of the provisions
of this Ordinance or of any regulations made thereunder or
who fails to observe any condition or restriction imposed by
or under this Ordinance shall be deemed to commit an
offence against this Ordinance.

59.-(1) Every person who commits or attempts to commit
any offence against this Ordinance shall upon summary con-
viction be liable-
(a) for a first offence to a fine not exceeding five hundred
dollars, and to imprisonment for any term not exceeding six
months

As amended by No. 20 of 1921 and Law Rev. Ord., 1924.





(b) for a second offence to a fine not exceeding one
thousand dollars, and to imprisonment for any term not
exceeding one year ;
(c) for a subsequent offence to a fine not exceeding two
thousand and five hundred dollars, and to imprisonment for
any term not exceeding one year.
(2) If the magistrate is of the opinion that any offence
committed against this Ordinance was cominitted with the
intent to avoid payment of any duty payable under this
Ordinance, he may impose a jine not exceeding ten times
the amount of the ditty payable on the tobacco in respect of
which the offence was committed, notwithstanding the fact
that such fine may be in excess, in the case of a first, second
or subsequent offence of the maximum fines authorised for
first, second or subsequent offences respectively by sub
section (1):
Provided that nothing in this sub-section shall affect the
power of the magistrate to impose in lieu of or in addition
to any fine imposed under this sub-section a sentence of
imprisonment for any term authorised by sub-section (1).

60. It shall be lawful for a magistrate to order to be for-
feited to the Crown any tobacco with respect to which any
offence against this Ordinance may have been committed,
whether any person shall have been convicted of such offence
or not, and upon the making of such order of forfeiture the
said tobacco 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 tobacco.

61.-(1) Upon the failure of any condition of any bond
required as a condition on the granting of any permnt 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
person from any other penalty to which he may be liable
under this or any other Ordinance.

As amended by Law Rev. Ord., 1924.





62.-(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 forfeiture 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.

63. Upon the conviction of any licensee under this Ordi-
nance of any offence against this Ordinance, it shall be
lawful for the Governor in Council to forfeit the licence of
such licensee.

64.-(1) Whenever it is lawful for a revenue officer to
seize any tobacco, it shall be lawful for him to seize also all
the receptacles in which the tobacco is contained.

(2) Whenever it is lawful for the magistrate to forfeit any
tobacco, it shall be lawful for him to forfeit in like manner
all the receptacles in which the tobacco was found.

FIRST SCHEDULE. [s. 3 (2).]

REGULATIONS.

General bonded warehouses.
1. The licensee on receiving a request from the master, owner or agent of
any ship lying within the limits of the Harbour as defined by the Interpreta-
tion Ordinance, 1911, shall forthwith remove from such ship into a general
bonded warehouse all such dutiable tobacco as such master, owner or agent
may require to be removed, and store such dutiable tobacco in a general
bonded warehouse to the order of such master, owner or agent.

2. The licensee on receiving a request from any person holding a permit
under the Tobacco Ordinance, 1916, which entitles the holder to store any
dutiable tobacco in a general bonded warehouse shall forthwith store the
same in a general bonded warehouse.

3. The rates for moving and storing dutiable tobacco must he approved
by the Superintendent.
4. The licensee shall immediately after any dutiable tobacco is received
into or removed from a general bonded warehouse make due entry of such
receipt or removal in a special book in a form to be approved by the
Superintendent.

As amended by G.Ns. Nos. 414 and 474 of 1916, and No. 377 of 1917,and Law
Rev. Ord., 1924.






5. The licensee shall make daily returns to the Superintendent in a form
to be approved by him of all dutiable tobacco received into or removed from
the general bonded warehouse.

6. Any loss in dutiable tobacco occasioned by deterioration or other cause
in a general bonded warehouse shall be deducted from the stock total of
such dutiable tobacco and no duty shall be charged thereon, provided that
such loss Is examined and certified by a revenue officer before removal from
the warehouse.

Licensed warehouses.

1. No structural alteration to any licensed premises shall be made without
the permissin in writing of the Superintendent.

2. No article may be stored in a licensed warehouse other than dutiable
tobacco.

3. All dutiable tobacco stored in a licensed warehouse shall be stowed in
such a way that easy access may be had to any portion thereof.

4. No licensed warehouse shall be open for the receipt or delivery of
dutiable tobacco between 6 p.m. and 6 a.m. or on Sundays or public holidays
except with the permission in writing of the Superintendent, who shall be
entitled to charge a fee not exceeding three dollars for every hour or portion
of an hour in which such licensed warehouse shall be open before 6 a.m. or
after 6 p.m. or on Sundays or public holidays.

5. The licensee shall immediately after any tobacco is received into or
removed from his licensed premises make due entry of such receipt or
removal in a stock-book in the form in the Second Schedule to the Tobacco
Ordinance, 1916.

6. The licensee shall not later than noon on every Monday morning (or
on the following, day if Monday is a public holiday) furnish to the Superin-
tendent a return in the form in the Second Schedule to the Tobacco Ordinance,
1916, concerning all dutiable tobacco stored, received and removed during
the previous week.

7. The licensee shall not later than noon on the Monday following the
last Saturday of the months of March, June. September, and December (or
on the following day if such Monday is a public holiday) furnish to the
Superintendent a return in the form in the Second Schedule to the Tobacco
Ordinance, 1916, showing the stock of dutiable tobacco on different ship-
ments in his licensed warehouse on the last Saturday of the month in
question.

8. No licence shall be issued or renewed unless the premises to be
licensed are fitted with such locks or other fastenings as the Superintendent
of Imports and Exports may require, and such locks and fastenings shall be
so arranged that no entry into the premises can be effected without the
attendance of the Superintendent or of a revenue officer.

9. Any loss in dutiable tobacco occasioned by deterioration or other cause
in a licensed warehouse shall be deducted from the stock total of such
dutiable tobacco and no duty shall be charged thereon, provided that such
loss is examined and certified by a revenue officer before removal from the
warehouse.





10. No smoking, naked lights or matches shall be allowed within the
premises of any licensed warehouse.

11. All lamps used on the premises of any licensed warehouse must be
made of substantial metal, the glass being protected by metal guards.

12. No person shall be allolved to sleep on the premises of aily licensed
warehouse.

Manufacturers licence.

1. Every factory or place licensed for the Manufacture of tobacco shall
be provided with one or more buildings or enclosures, constructed to the
satisfaction of the Superintendent, and all tobacco shall be manufactured
within such buildings or enclosures and shall be stored therein until the
proper duties have been paid in respect thereof.

2. All raw tobacco entering, the factory shall be stored in a place set
apart for that purpose to the satisfaction of the Superintendent and in such
manner as he shall direct.

3. The licensee shall keep a stock-book in the form in the Second Schedule
to the Tobacco Ordinance, 1916, showing the receipts of raw tobacco, and the
issues inade therefrom for manufacturing purposes.


4. After the completion of the process of manufacture, all manufactured
tobacco shall be kept in a place set apart for the purpose and shall be
stored to the satisfaction of the Superintendent.
5. The licensee shall keep a factory book in the form in the Second
Schedule to the Tobacco Ordinance, 1916, showing the amount of tobacco
manufactured each day.

6. No tobacco shall be moved from the factory without a permit as required
by the Tobacco Ordinance, 1916. Any such removal shall he entered in a
book provided for the purpose to the satisfaction of the Superintendent.

7. The licensee shall not later than noon on every Monday morning (or
oil the following day if Monday is a public holiday) furnish to the Super-
intendent returns in the form in the Second Schedule to the Tobacco
Ordinance, 1916, concerning all dutiable tobacco received, manufactured
and removed during the previous week.

8. The licensee shall not later than noon on the Monday following the
last Saturday of the months of March, June, September and December (or
on the following day if such Monday is a public holiday) furnish to the
Superintendent a return in the form in the Second Schedule to the Tobacco
Ordinance, 1916, showing the stock of raw tobacco on difierent shipments
in his licensed factory on the last Saturday of the month in question.

9. Any loss in dutiable tobacco occasioned by deterioration or other
cause in a licensed factory shall be deducted from the stock total of such
dutiable tobacco and duty charged thereon, provided that such loss is
examined and certified by a revenue officer before removal from the
warehouse.

Retailers licence.

1. No person shall sell any tobacco by retail except on the premises
mimed as the licensed premises in the retailers licence.





SECOND SCHEDULE. [ss. 12,29,30.]

FORMS.

FORM NO. 1.-GENERAL BONDFD WAREHOUSE LICENCE. [s. 30.]

Tobacco Ordinance, 1916.

Name of licensee ........................................................................
Licensed premises ........................................................................
Date of expiration of licence .............................................................

Fee ...........................

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

Superintendent of Imports and Exports.

Note :-This licence is issued subject to the provisions of the above
Ordinance and of all regulations made thereunder for the time
being in force.

FORM No. 2.-LICENSED WAREHOUSE LICENCE. [s. 30.]

Tobacco Ordinance, 1916.

Name of licensee .........................................................................

Licensed premises ...........................................

Date of expiration of licence ...........................................................

Fee ........................

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

Superintendent of Imports and Exports.
Note :-This licence is issued subject to the provisions of the above
Ordinance and of all regulations made thereunder for the time
being in force.

As amended by G. Ns, Nos. 414 and 473 of 1916, 377 of 1917 and 220 of 1921.





Form No. 3.-MANUFACTURERS LICENCE.

Tobacco Ordinance, 1916.
Name of licensee .........................................................................
Licensed premises ..........................................................................
Date of expiration of licence ...........................................................
Fee ........................
Date .......................

.............................................
Superintendent of Iniparts and Exports.

Note:-This licence is issued subject to the provisions of the above
Ordinance and of all re-ulations made thereunder for the time
beina, in force.

Fowi No. 4.-IMPORTERS LICENCE. [s. 30.]

Tobacco Ordinance, 1916.
Name of licensee ..........................................................................
Address of licensee ........................................................................
Date of expiration of licence ............................................................
Fee ........................
Date .......................

.............................................
Superintendent of Iniparts and Exports.
Note:--This licence is issued subject to the provisions of the above Ordi-
nance and of all regulations made thereunder for the time being
in force.

FORm No. 5.-RETAILERS LICENCE. [s. 30.]

Tobacco Ordinance, 1916.
Name of licensee ..........................................................................
Licensed premises ........................................................................
Date of expiration of licence ............................................................
Fee ........................
Date ......................
.........................................
Superintendent of Iniparts and Exports.
Note --This licence is issued subject to the provisions of the above
Ordinance and of all regulations, made thereunder for the time
being in force.





FORM NO. 6.-DUTY-PAID PERMIT. [s.37.]

Tobacco Ordinance, 1916.

SIR,
I (We) hereby declare that I (we) wish to land (move) on the

day of 19 between the hours of a. m. and

p.m. the tobacco described hereunder, the duties on which have

been paid, from

Ship and (late Nature of Marks on......Quantity Total
of arrival. tobacco. cases, etc....in Ibs. value.

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

..........
(Applicant.)

..........
(Address.)

.......................
(Signature of employ6 or agent if the
applicant is a body corporate or a firm.)

Permission is hereby given as above for the landing (removal) of the

tobacco described above, the duty on which has been duly paid.

........................ .
Superintendent of Imports and Exports.
Note: -If this permit is not made use of on the day for which it is issued,
it must be returned within 24 hours to the office of the Super-
intendent of Imports and Exports.





FORM NO. 7.- REMOVAL PERMIT [s. 37.]

Tobareo Ordinance, 1916.

SIR,
I (We) hereby declare that I (we) wish to land (move) on the

day of 19 between the hours of
a.m. and p.m. the tobacco described hereunder from
and to store the same in
the warehouse at

Ship and (late -Nature of.Marks ou.....Quantity Tot-al
of arrival. tobacco...cases, etc....ill lbs. value.

Date

.............
(Applicant.)

(Address.)

.......................
(Signature of employe or agent if the
applicant is a body corporate or a firm.)

Permission is hereby given as above for the landing (removal) of the
tobacco described above on condition that the said tobacco shall be im-
mediately stored in the
warehouse at

......................................................
Superintendent of Imports and Exports.
Note :-If this permit is not made use of on the day for which it is issued,
it must be returned within 24 hours to the office of the Super-
inteudent of Imports and Exports.





FORM NO. 8.-EXPORT PERMIT. [s. 37.]

Tobacco Ordinance, 1916.
SIR,

I (We) hereby declare that I (we) wish to move from the

warehouse at
on the day of 19 between the

hours of a.m. and p.m. the dutiable tobacco described
below for export to
by the S. S. The said tobacco is
being consigned to
Importin-
C Nature of Alarks on Qualitity Total
ship and datetobacco. cases, etc. in Ibs. value.
of arrival.

Date

.......................
(Applicant.)

..............................
(Address.)

. .................................................
(Signature of employe or agent if the
applicant is a body corporate or a firm,)

Permission is hereby given as above to move the tobacco described above
for export on condition that the said tobacco shall be immediately moved
from the warehouse named above to the ship named above.

.........................
Superintendent of Imports and Exports.

Note:-If this permit is not made use of on the day for which it is
issued, it must he returned within 24 hours to the office of the
Superintendent of Imports and Exports.





FORM NO. 9.-RECEIPT FOR DUTY. [s. 12.]

Tobacco Ordinance, 1916.

I hereby acknowledge the receipt from


of the sum of dollars
and cents being the amount payable as duty on the
tobacco described below which is now stored at

Nature of Marks on......................No. of Ibs. Duty per lb. Total duty.
tobacco. cases, etc.

Date

........................
Superintendent of Imports and Exports.

FORM NO. 10.IMPORT STATEMENT. [s. 29.]

Tobacco Ordinance, 1916.

I (We) hereby declare that the following tobacco was imported by the

8.8. which arrived in the Colony
on,
Cargo.
No. of Description Marks. Nos. Nature of Weight Total
cases. of cases. tobacco. in lbs. value.





Ships stores.

No. of Description of Nature of
lobacco. Weight in Ibs. Total value.
cases. cases.

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

.................
(Owners, charterers, agents or master.)

......................

(Address.)

... ...............................................

(Signature of employe or agent if the
above signature is that of a body cor-
porate or firm.)

FORM NO. 11.-EXPORT STATEMENT. [s. 29.]

Tobacco Ordinance, 1916.

I (We) hereby declare that the followitig tobacco was exported by the

S.S .......................which left the Colony on

the ............................................................................................

Date .......





Cargo.

Nature of Weight Total
_No. of Description Marks. Nos.
cases. of cases. j tobacco. ill lbs. value.

Ship stores.

No. of Description of Nature of
M eight in Ibs. Total value.
ea ses. tobacco.
cases.

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

(Owners, charterers, agents or master.)

......................
(Address.)

(Signature of employe or agent if the
above signature is that of a body cor-
porate or firm.)
FORM No. 12.-LICENSED WAREHOUSE STOCK-BOOK.

Ex S.S . .........arrived on

Receipts.
Date. Removal Landing Marks & Descrip- Quantity Remarks.
permit No. perinit.i\o.~ Nos. tioll. in lbs.

Deliceries.

Marks & Descrip- Quantity Export Dlity-PIlid
D9te. Nos. tion. in lbs. permit No.FoR)r No. 13,LiCENSED WAREHOUSE WEFKLY RPTURN. [First Sched.
Licensed
warehouses.
Reg. 6.]

Quantity Quantity
Description. in Description*~ in lbs.

Balance oil ...................
Received since ...............

Total

Sold since

Loss

Total

Balance
FORM NO. 14.-LICENSED WAREHOUSE QUARTERLY RETURN.

Stock of dutiable tobacco on different shipments stored in licensed

warebouse No. 011 the last Saturday of
the month of

Ship. Date of Description. Marks. Balance
in Ibs.
arrival.

FORM NO. 15.-MANUFACTURFRS STOCK-BOOK.

Raw tobacco rereived.

Ex S.S. arrived on
Landing Marks, Descrip-Quantity
Date.removal permit etc. tion.in Ihs. Remarks.
No.
VOL. 5 1913-1923 2457 VOL. 5 1913-1923 2458




Form No. MANUFACTURERS QUARTERLY RETURN.

Stock of raw tobacco on different shipments stored in licensed factory

No. on the last Saturday of the month of

THIRD SCHED-ULE. [s. 4 (2).]

FEES.

The following annual fees shall be payable for the following licences

Licensed warehouse licence ..$75.00
Manufacturers licence .......24.00
Importers licence ...........4.00
Retailers licence ...........4.00

If the licence is issued for less than a year, the fee payable shall be at
the rate of one-twelfth of the annual fee for each month or part of a month
for which the licence is issued.

No. 11 of 1916, repeated by No. 2 of 1917.

As amended by G. Ns. Nos. 326 of 1916 and 378 of 1917.
[Originally No. 10 of 1916. No. 20 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. Regulations. First Schedule. Fees. Third Schedule. Schedules. Duties generally. Imposition of duty by Legislative Council. Increase of duties by Governor in Council in anticipation of resolution of Legislative Council. Provisions for contracts when duties are altered or repealed. When duty payable. Receipt for duty. Second Schedule. Form No. 9. Recovery of duty. Ordinance No. 6 of 1875. Tobacco to be presumed to be dutiable. Restriction on dealings with tobacco. Route of importation and exportation. Dutiable tobacco not to be allowed to be discharged except under a permit or into a general bonded warehouse. Dutiable tobacco not to be removed from a ship or from the Railway premises except under a permit or by the licensee of a general bonded warehouse into such warehouse. Removal of tobacco from general bonded or licensed warehouse. Tobacco shipped under a permit not to be re-landed. Dutiable tobacco which is not landed or transshipped. Dutiable tobacco removed for export. Dutiable tobacco not to be moved except in certain quantities. Restrictions on possession of dutiable tobacco. Possession of tobacco illegally imported, moved or manufactured. Restrictions on sale of dutiable tobacco. Import statements to be furnished. Export statements to be furnished. Contents of import and export statements. Second Schedule. Forms Nos. 10, 11. Licences generally. Second Schedule. Forms Nos. 1-5. Manufacturers licence. Importers licence. Retailers licence. Inspection of premises of licensee. Licensee to be liable for duty and to prevent illegal removal. Deficiency to dutiable tobacco in general bonded or licensed warehouse. Permit generally. Second Schedule. Forms Nos. 6, 7, 8. Export permits. Revenue officers. Ordinance No. 9 of 1911. Ordinance No. 30 of 1923. Revenue officer may board and remain on ship. Search of goods and baggage of persons entering or leaving the Colony. Examination of articles (other than passengers accompanied baggage) on shore, ship, wharf, and other places. Search of ship without warrant. Search of place or ship with warrant. Search of place without warrant. Arrest without warrant. Obstruction of inspection or search. Obligation to give information. Power of Superintendent to take samples. False statements. Extracts from records to be prima facie evidence. Magistrate may employ an analyst to report on technical points. Certificates of Government or Monopoly Analyst to be sufficient evidence. Protection of informers from discovery. Half of fine may be awarded to informer. Responsibility for acts of agents and servants. Service on body corporate or firm. Offences. Penalties. Forfeiture of tobacco. Forfeiture of bond. Forfeiture of deposit. Forfeiture of licence. Seizure and forfeiture of receptacles. Ordinance No. 31 of 1911. [First Schedule contd.] Second Schedule. Form No. 12. Form No. 13. Form No. 14. [First Schedule contd.] Second Schedule. Form No. 15. Form No. 16. Form No. 17. Form No. 18. [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.]

[Originally No. 10 of 1916. No. 20 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. Regulations. First Schedule. Fees. Third Schedule. Schedules. Duties generally. Imposition of duty by Legislative Council. Increase of duties by Governor in Council in anticipation of resolution of Legislative Council. Provisions for contracts when duties are altered or repealed. When duty payable. Receipt for duty. Second Schedule. Form No. 9. Recovery of duty. Ordinance No. 6 of 1875. Tobacco to be presumed to be dutiable. Restriction on dealings with tobacco. Route of importation and exportation. Dutiable tobacco not to be allowed to be discharged except under a permit or into a general bonded warehouse. Dutiable tobacco not to be removed from a ship or from the Railway premises except under a permit or by the licensee of a general bonded warehouse into such warehouse. Removal of tobacco from general bonded or licensed warehouse. Tobacco shipped under a permit not to be re-landed. Dutiable tobacco which is not landed or transshipped. Dutiable tobacco removed for export. Dutiable tobacco not to be moved except in certain quantities. Restrictions on possession of dutiable tobacco. Possession of tobacco illegally imported, moved or manufactured. Restrictions on sale of dutiable tobacco. Import statements to be furnished. Export statements to be furnished. Contents of import and export statements. Second Schedule. Forms Nos. 10, 11. Licences generally. Second Schedule. Forms Nos. 1-5. Manufacturers licence. Importers licence. Retailers licence. Inspection of premises of licensee. Licensee to be liable for duty and to prevent illegal removal. Deficiency to dutiable tobacco in general bonded or licensed warehouse. Permit generally. Second Schedule. Forms Nos. 6, 7, 8. Export permits. Revenue officers. Ordinance No. 9 of 1911. Ordinance No. 30 of 1923. Revenue officer may board and remain on ship. Search of goods and baggage of persons entering or leaving the Colony. Examination of articles (other than passengers accompanied baggage) on shore, ship, wharf, and other places. Search of ship without warrant. Search of place or ship with warrant. Search of place without warrant. Arrest without warrant. Obstruction of inspection or search. Obligation to give information. Power of Superintendent to take samples. False statements. Extracts from records to be prima facie evidence. Magistrate may employ an analyst to report on technical points. Certificates of Government or Monopoly Analyst to be sufficient evidence. Protection of informers from discovery. Half of fine may be awarded to informer. Responsibility for acts of agents and servants. Service on body corporate or firm. Offences. Penalties. Forfeiture of tobacco. Forfeiture of bond. Forfeiture of deposit. Forfeiture of licence. Seizure and forfeiture of receptacles. Ordinance No. 31 of 1911. [First Schedule contd.] Second Schedule. Form No. 12. Form No. 13. Form No. 14. [First Schedule contd.] Second Schedule. Form No. 15. Form No. 16. Form No. 17. Form No. 18. [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.] [Second Schedule contd.]

https://oelawhk.lib.hku.hk/items/show/1304

PHARMACY AND POISONS ORDINANCE, 1916

No. 9 of 1916.
An Ordinance to consolidate and amend the law relating to
the registration of pharmaceutical chemists and to the
regulation of the sale and use of poisons.
[30th June, 1916.]

1. This Ordinance may be cited as the Pharmacy and
Poisons Ordinance, 1916.
2. In this Ordinance,

(a) The Pharmacy Ordinances, 1908-1914 means the
Pharmacy Ordinance, 1908, the Pharmacy Amendment Ordi-
nance, 1910, and the Pharmacy Ordinance, 1914.
(b) Poison means any article for the time being included
in Schedule A.
(c) Registered person means a person registered under
this Ordinance.
Revenue officers may arrest without warrant in respect of offences against the
provisions of this Ordinance. See No. 2 of 1917.
As amended by Law Rey. Ord., 1924.





3. The Colonial Secretary shall keep a register of all
persons entitled to be registered under this Ordinance ill
such form as he may deem proper and shall make the
necessary alterations therein and a copy of such register shall
be published annually in the Gazette.

4.-(1) Subject to the provisions of section 5, the following
persons shall be entitled to be registered as pharmaceutical
chemists under this Ordinance:-
(a) any person duly registered as a pharmaceutical chemist
or chemist and druggist under the Pharmacy Act, 1868;
(b) any person duly registered as a cheniist and druggist
or druggist or registered druggist under the Pharmacy Act
(Ireland), 1875, Amendment Act, 1890;
(c) any person duly registered as a pharmaceutical chemist
ol. chemist and druggist under the Pharmacy Ordinances,
1908-1914;
(d) any person who proves to the satisfaction of the
Governor that he possesses a qualification of some British or
foreign pharmaceutical institution or examining body ap-
proved by the Governor in Council, or that he has passed
through a course of study and examination similar to the
course of study and examination required for registration
under either of the said Acts.
(2) All persons who immediately before the commencement
of this Ordinance were on the register established by the
Pharmacy Ordinance, 1908, shall be deemed to have been
duly registered under this Ordinance.

5. The Governor in Council may direct the name of any
person who is convicted of all offence a gainst this Ordinance
which in his opinion renders him unfit to be on the register
to be erased therefrom and the Colonial Secretary shall erase
the same accordingly and shall publish notification of such
erasure in the Gazette.

6. It shall be lawful for the Governor in Council to make
regulations for any of the following purposes:-
(a) prescribing the character and scope of the course of
study and examination required to have been passed by
applicants for registration under section 4 (d);

As amended by Law Rev. Ord., 1924.





(b) the appointment of examiners for the purposes of such
examination and the fees payable by the applicants in respect
of such examination;
(c) the issue of certificates by such examiners;
(d) the amount of the fee (if any) payable on registration;
(e) the keeping, dispensing, and selling of poisons by
registered persons;
(f) the issue of licences to wholesale dealers and auctioneers
and the prescribing of the conditions of such licences;
(g) the payinent of fees in respect of licences granted to
wholesale dealers;
(h) the regulation of the sale, possession, importation and
exportation of poisons;
(i) the imposition of penalties not exceeding five hundred
dollars on the violation of any of the conditions embodied in
such licences or otherwise on breach of any regulation
(except regulations as to the sale, possession, importation or
exportation of poison) made in pursuance of this section and
the mode of recovery of the same ;

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

7. The Governor in Council shall have power to amend
any of the Schedules to this Ordinance in any manner what-
soever.

8. No person shall have in his possession, import, export,
sell, or supply, any poison, or keep open shop for retailing,
dispensing, or compounding poisons, unless he is authorised
to do so by this Ordinance or by regulations made there-
under.

9. No registered person shall compound any medicine of
the British Pharmacopecia except according to the formularies
thereof.

10. No person other than a registered person shall take,
use or exhibit, with or without any addition, the name or
title of chemist, druggist, pharmaceutical chemist, phar-
maceutist or pharmacist.

As amended by Law Rev. Ord., 1924.





11.--(1) No'person shall sell any poison, either by whole-
sale or retail, unless the box, bottle, vessel, wrapper or cover
in which such poison is contained is distinctly labelled in
English and Chinese with the name of the article and the
word Poison , and with the name and address of the seller
of the poison.

(2) For the purposes of this section, the person on whose
behalf any sale is made by any employe shall be deemed to
be the seller.

12.-(1) No person shall sell any of the poisons which
are for the time being specified in Part I of Schedule A to
any person unknown to the seller unless introduced by some
person known to the seller; and on every sale of any such
article the seller shall, before delivery, make or cause to be
made an entry in a book to be kept for that purpose stating,
in the form set forth in Schedule B the particulars indicated
in the said Schedule. -

(2) For the purpo ses of this section, the person on whose
behalf any sale is made by any employ6 shall be deemed to
be the seller.

13. The provisions of section 12 shall not apply-

(1) to wholesale dealers and auctioneers licensed under
this Ordinance; or

(2) to any article when forming part of the ingredients of
any medicine dispensed by a registered person on the
prescription of some person included in paragraph (3) ; or

(3) to any medicine supplied-

(a) to his patient by a registered medical practitioner; or

(b) to his patient by any person whose name appears for
the time being in Schedule C; or

(c) for animals under his care by any member of the
Royal College of Veterinary Surgeons of Great Britain or by
any other person holding the diploma of such British or
foreign veterinary institution or examining body as may be
approved by the Governor:

As amended by Law Rev. Ord., 1924.





Provided, as regards paragraphs (2) and (3), that such
medicine is labelled with the name and address of the person
who dispenses or supplies it, and that the ingredients there-
of are entered, with the name of the person to whom it is
sold or delivered, in a book to be kept for that purpose by
the person who dispenses or supplies such medicine.

14. No person shall administer by injection any poison
for the time being included in Part III of Schedule A except
when it has been prescribed by, and except in accordance
with the prescription of, a registered medical practitioner or
some other person authorised thereto by regulation made
under this Ordinance.

15. No person shall furnish any poison for the time being
included in Part III of Schedule A unless-
(1) it is furnished to a registered medical practitioner; or
(2) it is furnished to a registered person; or
(3) it has been prescribed by and is supplied in accordance
with the prescription of a registered medical practitioner; or
(4) its being so furnished is authorised by regulations
made under this Ordinance.

16. No person shall conceal or deposit in any place, or on
board any ship, not being or having the status of a ship of
war, any poison for the time being included in Part III of
Schedule A, or any hypodermic syringe or other appliance
capable of being used for the injection of any sucl-L poison,
if any, offence has been committed in respect of such poison
or syringe or other appliance.

17. No person shall sue out, obtain, issue, or execute
improperly and without sufficient cause. any search warrant
under this Ordinance.

18. Upon the decease of any registered person actually in
business at the time of his death, it shall be lawful for any
executor, administrator or trustee of the estate of such regis-
tered person to continue such business if and so long only
as, in every place where the business is carried on, the
business is bona fide conducted by a registered person.

As amended by Law Rev. Ord., 1924.
As amended by No. 8 of 1917 and Law Rev. Ord., 1924.
As amended by No. 8 of 1917,





19.-(1) A body corporate may carry on the business of
a pharmaceutical chemist:-
(a) if the business of the body corporate, so far as it
relates to the keeping, retailing and dispensing of poisons, is
under the control and management of a superintendent who
is a registered person, whose name has been forwarded to the
Colonial Secretary to be entered by him in a register to be,
kept for that purpose, and who does not act at the same time
in a similar capacity for any other body corporate, or for any,
firm or partnership; and
(b) if in every place where such business as aforesaid is
carried on, and is not personally conducted by the superin-
tendent, such business is bona fide conducted under the
direction of the superintendent by a manager or assistant
who is a registered person.
(2) A body corporate may use the description of chemist
and druggist, or of chemist or of druggist, or of dispensing
chemist or druggist, if the foregoing requirements as to the
carrying on of the business are observed.

20.-(1) Every person convicted of an offence-
(a) against section 9, shall upon summary conviction be
liable to a fine not exceeding fifty dollars and the medicine
in respect of which the offence shall have been committed
shall be forfeited and dealt with as the magistrate may direct;
(b) against section 10, shall upon summary conviction be
liable to a fine not exceeding fifty dollars for the first offence
and not exceeding one hundred dollars for the second or any
subsequent offence;
(c) against sections 8, 11, 12, 14, 15 or 16, or against any
regulation made under this Ordinance as to the sale, posses-
sion, importation or exportation of poison, shall upon sum-
mary conviction be liable to a fine not exceeding two
thousand dollars, or ten times the market value of the poison
in respect of which the offence was committed, whichever
maximum fine is the greater, and to imprisonment for any
term not exceeding twelve months; and further all poison
and all hypodermic syringes and other appliances capable of
being used for the injection of poisons in respect of which an
offence has been committed shall be forfeited and dealt with
as the magistrate may direct;
As amended by No. 8 of 1917.
As amended by Law Rev. Ord., 1924.





(d) against section 17, shall upon summary conviction be
liable for a first offence to a fine not exceeding five hundred
dollars or to imprisonment for any term not exceeding three
months and for any subsequent offence to a fine not exceed-
ing one thousand dollars or to imprisonment for any term not
exceeding six months.

(2) A certificate signed by the Government Analyst shall
be conclusive evidence in any proceedings under, and for any
purpose in connexion with, this Ordinance of the market
value of any poison in respect of which any offence has
occurred.

(3) Nothing in this Ordinance shall prevent any person
frorn being liable to any other penalty, damages or punish-
ruent to which he woula have been subject if this Ordinance.
had not been passed.

21.-(1) Whenever it appears to any justice of the peace
upon the oath of any person that there is reasonable cause
to believe that in any place, or on board any ship, not being
or having the status of a ship of war, there is concealed or
deposited any poison for the time being included in Part III
of Schedule A, or any hypodermic syringe or other appliance
capable of being used for the injection of any such poison,
and that an offence has been committed in respect of such
poison or syringe or other appliance, or that any place or
any such ship is being kept or used for the injection of any
such poison, or that any person has committed an offence
against this Ordinance, he may by his warrant directed to
any police or revenue officer einpower such officer by day or
by night,--

(a) to enter such place, or to go on board such ship, and
there to search for and take possession of any such poison,
syringe or appliance in such place, or ship; and

(b) to arrest any person. being in such place or ship, in
whose possession, custody or control such poison, syringe or
appliance may be found, or whim such officer may reasonably
suspect to have concealed or deposited any such poison,
syringe or appliance in such place or ship or thereabout; and

(c) to arrest any person named or designated in such
warrant.

As amended by No. 8 or 1917 and Law Rev. Ord., 1924.





(2) Such officer may, if necessary-
(a) break open any outer or inner door of such place, and
enter therein
(b) forcibly enter such ship and every part thereof;

remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect;

(d) detain every person found In such place, or on board
such ship, until such place or ship has been searched;

(c) seize and detain any such poison found in such place
or ship; and

(f) seize and detain any such poison found in the possession
of any of the persons against whom such warrant has been
issued in any place whatsoever within the Colon

(3) Whenever it appears to any European police officer
not below the rank of sergeant, or to any European police
or revenue officer generally or specially authorised in writing
by the Captain Superintendent of Police or the Superintendent
of Imports and Exports respectively, that there is reasonable
cause to believe that in any place, or on board any ship, not
bein& or having the status of a ship of way, there is concealed
or deposited any poison for the time being included in Part
III of Schedule A, or any such syringe or appliance as is
mentioned in sub-section (1), and that an offence has been
coint-nitted in respect of such poison or syringe or other
appliance, and he shall have reasonable ground for believing
that by reason of the delay in obtaining a search warrant
the poison, syringe or appliance is likely to be removed, the
said officer in virtue of his office may exercise in, upon and
in respect of such place, or on board such ship, all the
powers mentioned in sub-sections (1) and (2) in as full and
ample a manner as if he were empowered to do so by warrant
issued under sub-section (1).

[s. 22, rep. Law Revision Ordinance, 1924.]

23.-(1) When any poison for the time being included
in Part III of Schedule A, or any hypodermic syringe or other
appliance capable of being used for injecting any such poison
is found without being apparently in the possession of any

As amended by No. 8 of 1917 and Law Rev. Ord., 1924.





person, or when it is proved to the satisfaction of the magis-
trate that it is not possible to proceed against any individual
wIth respect to any offence against this Ordinance by reason
of the fact that the offender is out of the jurisdiction or cannot
be found, the magistrate may cause a notice in English and
Chinese to be affixed to the place or ship not being or having
the status of a ship of war, where such poison, syringe or
appliance has been found or where it is known to be stored
calling upon, the owner thereof to claim the same.

(2) If no person makes such claim within one week from
the affixing of such notice, or if any such claim is made
within one week but is not subsequently substantiated to the
satisfaction of a magistrate, such poison, syringe or appliance
shall be forfeited and dealt with as the magistrate may direct.

24. The magistrate may require the Government Analyst
to report upon any technical point which may be in dispute
in any prosecution under this Ordinance, and may order the
payment of the fees due in respect of the Analyst's report by
the party in fault, or out of any fine recovered from either
party, or out of the proceeds of any forfeiture ordered by
such magistrate.

At the hearing of any such prosecution, the production of
the report of the Government Analyst required as aforesaid
shall be sufficient evidence of the facts therein stated, unless
the defendant requires that the Analyst should be called as
a witness; but if the Analyst is called by or at the request
of the defendant the magistrate may further order the
defendant, if convicted, to pay a fee of twenty-five dollars
for the attendance of the Analyst, such fee to be recoverable
in the same way as a penalty imposed under this Ordinance
is recoverable.

25. The magistrate may dismiss any charge or complaint
under this Ordinance on the ground that it is frivolous or
vexatious although the commission of an offence be proved,
and when a charge or complaint is dismissed on the ground
that it is frivolous or vexatious, or when the magistrate is of
opinion that such charge or complaint was supported by
evidence false to the knowledge of the person bringing such
charge, it shall be the duty of the magistrate to impose on
the person bringing the same a penalty not exceeding that

As amended by Law Rev. Ord., 1924,





which the defendant would have incurred if he had been
convicted, and such penalty shall be over and above any
other penalties or liabilities which the said person may have
likewise incurred in respect of his said charge or complaint
or of his evidence in support thereof.

26. In any proceedings before a magistrate or on appeal
before the Supreme Court relating to the seizure of any
poison, syringe or appliance the seizure whereof is authorised
by this Ordinance, it shall be lawful for sfich magistrate
and for the judges and they are hereby respectively required
to proceed in such cases on the merits only without reference
to matters of form, and without inquiring into the matter or
form of making any seizure excepting in so far as the
manner and form of seizure may be evidence on such merits.

27.-(1) Except as hereinafter mentioned, no information
laid under this Ordinance shall be admitted in evidence in
any civil or criminal proceeding, and no witness shall be
obliged to disclose the name or address of any informer or
to state any matter which might lead to his discovery; and
if any books, documents, or papers which are in evidence or
liable to inspection in any civil or criminal proceeding con-
tain any entry in which any such informer is named or
described or which might lead to his discovery, the court or
magistrate shall cause all such passages to be concealed
from view or to be obliterated so far as may be necessary to
protect lhe informer from discovery, but no further.

(2) But if in any proceedings before a magistrate for any
offence against any provision of this Ordinance the magistrate
after full inquiry into the case believes that the informer
wilfully made in his information a material statement which
he knew or believed to be false or did not believe to be
true, or if in any other proceeding the court or magistrate
is of opinion that justice cannot be fully done between the
parties thereto without the discovery of the informer, it shall
be lawful for the court or magistrate to require the pro-
duction of the original information and to permit inquiry
and require full disclosure concerning the informer.

28. Nothing in this Ordinance shall be construed as
affecting the provisions of the Opium Ordinance, 1923.
[s. 29, rep. Law Revision Ordinance, 1924.]

* As amended by Law Rev. Ord., 1921.





SCHEDULE A. [s. 2.]

PART I. [s. 12 (1).]
Aconite .. aconitine, and their preparations.
Alkaloids, all poisonous vegetable alkaloids riot specifically named in
this Schedule, and their salts, and all poisonous derivatives of vegetable
alkaloids, whatever be the trade name under which they are sold.
Arsenic, and its medicinal preparations.
Atropine, and its salts, and their preparations.
Belladonna, and all preparations or admixtures (except belladonna plasters)
containing 0.1 or more per cent. of belladonna alkaloids.
Cantharides, and its poisonous derivatives.
Cocaine and its salts, derivatives and substitutes, and all solutions, admix-
tures and preparations containing one or more per cent. of cocaine or of its
salts, derivatives, or substitutes, includin- eucaine, benzocaine, or amestliesin,
holocaine, tropaeocaine, orthoform, acoine, nirvanin, alypin, novocaine and
stovaine.
Corrosive sublimate.
Corynine, and its salts (known also as yohimbine and aphrodinc).
Cyanide of potassium, and all poisonous cyanides and their preparations.
Diethyl-barbituric acid, and other alkyl, aryl, or metallic derivatives of
barbituric acid, whether described as veronal, propona[, medinal, or by any
other trade name, mark or designation ; and all poisonous urethanes and
ureides.
Emetic tartar, and all preparations or admixtures containing one or more
per cent. of emetic tartar.
Ergot of rye, and preparations of ergots.
Nux voinica, and all preparations or admixtures containing one or more
per cent. of strychnine.
Opium, and all preparations or admixtures containing one or inore per
cent. of morphine, except prepared opium and dross opium as prepared and
sold by the Superintendent of Imports and Exports.
Picrotoxin.
Prussic acid, and all preparations or admixtures containing 0.1 or more
per cent. of prussic acid.
Savin, and its on, and all preparations or admixtures containing savin or
it's oil.

PART II.
Almonds, essential oil of (unless deprived of prussic acid).
Antimonial wine.
Cantharides, tincture and all liquid preparations or admixtures.
Carbolic acid, and liquid preparations of carbolic acid, and its homologues
containing more than three per cent. of such substances, except preparations
for sanitary use contained in a closed vessel distinctly labelled with the
word Poisonous, the name and address of the seller, and a notice of the
special purposes for which the preparations are intended.

As amended by G.N. No. 139 of 1918 and Law Rev. Ord., 1924.





Chloral hydrate.
Chloroform, and all prepnratious or admixtures containing more than
twenty per cent. of chloroform.
Cocaine, and its salts,derivatives and substitutes,- any preparation or
admixture, thereof containing more than 0.1 per cent. but less than one per
cent. of such substauces.
Digitalis.
Hydrochloric acid.
Japanese star-anise fruits (Illicium religiosum, Siehold).
Mercuric iodide.
Mercuric sulpliocyanide.
Nitric acid.
Oxalic acid.
Precipitate, red, (and all oxides of mercury).
Precipitate, white.
Strophanthus, and its preparations.
SnIphorial and its homologues, whether described as trional or tetronal or
by any other trade name, mark or designation.
Sulphuric acid.
All preparations and admixtures which are not included in Part I of this
Schedule, and which contain a poison within the meaning of the Pharmacy
and Poisons Ordinance, 1916, except preparations and admixtures the
exclusion of which from this Schedule is indicated by the words therein
relating to carbolic acid, chloroform and cocaine.


PART III. [ss. 14, 15, 16, 21
(1), (3), 23 (1)-]
Cocaine, and its salts, derivatives, solutions, admixtures, and preparations,
of any kind whatsoever, includinu eucuine, benzocaine or anwsthesin,
holocaine, tropacocaine, orthoform, acoine, nirvanin, alypin, novocaine and
stovaine.
Morphine, codeine, and any other alkaloid of opium, atid their salts,
derivatives, solutions, admixtures, and preparations, of any kind what-
soever, including heroin, dionin and peronin, but not including prepared or
dross opium as prepared and sold by the Superintendent of Imports and
Exports.

SCHEDULE B. [s. 12 (1).]

1. Date of sale.
2. Name and address of purchaser.
3. Name and quantity of article.
4. Purpose for which it is required.
5. Signature of purchaser.
6. Signature of person introducing purchaser.

vol. 1913-1923 2423 [Originally No.9 of 1916. No. 8 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Schedule A. Register of pharmaceutical chemists. Qualifications for registration. 31 & 32 Vict.c. 121. 53 & 54 Vict.c. 48. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Removal from the register. Regulations. Power to amend Schedules. Possession and sale of poisons generally. Compliance with formularies. Use of titles. Labelling of poisons. Entries to be made on sale of certain poisons. Schedule A. Part I. Schedule B. Exemptions from certain provisions. Schedule C. Injection of certain poisons. Schedule A. Part III. Furnishing of certain poisons. Schedule A. Part III. Concealment of certain poisons and appliances. Schedule A. Part III. Improper use of search warrants. Death of registered person. Business carried on by body corporate. Penalties. Search with warrant. Schedule A. Part III. Powers of officer executing warrant. Search without warrant by European officer in cases of urgency. Schedule A. Part III. Unclaimed poison and hyodermie appliances. Schedule A. Part III. Analysis may be ordered. Vexations proceedings. Procedure relating to cases of seizure. Provisions for the protection of informers. Saving of Ordinance No. 30 of 1923.

[Originally No.9 of 1916. No. 8 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Schedule A. Register of pharmaceutical chemists. Qualifications for registration. 31 & 32 Vict.c. 121. 53 & 54 Vict.c. 48. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Removal from the register. Regulations. Power to amend Schedules. Possession and sale of poisons generally. Compliance with formularies. Use of titles. Labelling of poisons. Entries to be made on sale of certain poisons. Schedule A. Part I. Schedule B. Exemptions from certain provisions. Schedule C. Injection of certain poisons. Schedule A. Part III. Furnishing of certain poisons. Schedule A. Part III. Concealment of certain poisons and appliances. Schedule A. Part III. Improper use of search warrants. Death of registered person. Business carried on by body corporate. Penalties. Search with warrant. Schedule A. Part III. Powers of officer executing warrant. Search without warrant by European officer in cases of urgency. Schedule A. Part III. Unclaimed poison and hyodermie appliances. Schedule A. Part III. Analysis may be ordered. Vexations proceedings. Procedure relating to cases of seizure. Provisions for the protection of informers. Saving of Ordinance No. 30 of 1923.

https://oelawhk.lib.hku.hk/items/show/1303

REGISTRATION OF PERSONS ORDINANCE, 1916

No. 6 of 1916.

An Ordinance to provide for the registration of certain
persons.
[23rd June, 1916.]

1. This Ordinance may be cited as the Registration of
Persons Ordinance, 1916.

2.-(1) Every person, except the persons specified in the
First Schedule, who is in the Colony at the commencement
of this Ordinance shall within one month of such commence-
ment, unless such person shall have departed from the
Colony within the said period of one month, furnish to the
Captain Superintendent of Police a return of the particulars
specified in the Second Schedule.
(2) Every person, except the persons specified In the First
Schedule, who shall hereafter arrive in the Colony shall
within one week of such arrival, unless such person shall
have departed from the Colony within the said period of one
week, furnish to the Captain Superintendent of Police a
return of the particulars specified in the Second Schedule:
Provided that it shall not be necessary for any person to
furnish a return under this sub-section who shall have
previously, furnished a return under sub-section (1).

(3) Every person who shall hereafter cease to fall within
the excepted classes specified in the First Schedule, whether
on account of a change in the status of such person or on
account of an alteration in the said Schedule or for any other
cause, shall within one week of his so ceasing to fall within
the said excepted classes, unless such person shall have

* As amended by Law Rev. Ord., 1924.





departed from the Colony within the said period of one
week, furnish to the Captain Superintendent of Police a
return of the particulars specified in the Second Schedule.
(4) Every return required under this section shall be
signed legibly by the person to whom it relates, and such
signature shall be witnessed by some person of full age
resident in the Colony who shall add his place of residence
to his signature.

(5) No person shall furnish untrue particulars in any,
such return.

3.-(1) Every person, except the persons specified in the
First Schedule, shall on receipt of a notice in the form in
the Third Schedule, whether he intends to remain in the
Colony or not, attend at the time and place named in such
notice.

(2) Every such notice shall be signed by a police officer
not below the rank of Assistant Superintendent.

(3) Every person, except the persons specified in the
First Schedule, shall truthfully and fully answer all questions
and inquiries put to him by any police officer relating to
the particulars specified in the Second Schedule.

(4) Every person, except the persons specified in the First
Schedule, shall disclose and produce to any police officer on
demand all documents in the possession or under the control
of such person tending directly or indirectly to establish the
truth or falsity of any of the said particulars.

4. No person employed in receiving, collecting, correct-
ing, completing, or filing the returns, or otherwise in the
compilation or maintenance of the register, or the tabulation
of the contents thereof, and no person using the returns or
register, shall without lawful authority communicate any
information acquired in the course of his employment, or
from such use.

5. It shall be lawful for the Governor in Council-

(a) to amend in any way whatsoever any of the Schedules
to this Ordinance; and

As amended by Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924. See also G.N. No. 106 of 1917.
(Change of residence).





(b) to make regulations requiring the notification to the
Captain Superintendent of Police of changes in any of the
particulars specified in the Second Schedule.

6. Every person who acts in contravention of or falls to
comply with any of the provisions of this Ordinance or of any
regulation made thereunder shall upon summary conviction
be liable to a fine not exceeding fifty dollars and in the case
of a continuing offence to a further fine not exceeding ten
dollars for each day during which the offence continues.


FIRST SCHEDULE. [ss. 2 and 3.]
(1) Members of His Majesty's regular naval or military forces.
(2) Consular officers of foreign states.


(3) The wives and daughters of persons included in the two classes
specified above so long as such persons are resident in the Colony.
(4) Persons of Chinese race.
(5) Persons not exceeding 18 years of age.

SECOND SCHEDULE. [ss. 2, 3 & 5.]
Name in full ................................................................................
Sex ..age .....single, married or widowed
Place of birth . Nationality
Whether remaining in the Colony +
..................................................
Local residence ...............................................
Profession or occupation ........................
Name of employer (if any) ..............................................................
Business address of employer ...........................................................
Nature of employer's business ..........................................................
.Niaval, inilitary or police service (if any) ...
.........................

Signature .................................


Date .........; 19
Witness .................................

Address .................................

e.g., passing through , indefinitely , about mouths.

As amended by G.N. No. 221 of 1917.
As amended by G.N. No. 107 of 1917.
THIRD SCHEDULE. Ls. 3.]

NOTICE TO ATTEND.
Registration of Persons Ordinance, 1916.
To .................................
Take notice that you tire hereby required to attend at (time) .................
.................. on (date)
at (place) ....................for the purpose of
answering inquiries under the above Ordinance.
Dated

.........................................
Captain
Deputy Superintendent of Poliee.

Assistant
Note-The penalty provided for failure. to comply with the above notice is a fine not
exceeding $50.

[Originally No. 6 of 1916. Law Rev. Ord., 1924.] Short title. Returns to be furnished. First Schedule. Second Schedule. Attendance on notice. First, Second, Third Schedules. Answering inquires. Production of documents. Register to be confidential. Powers of the Governor in Council. Offences and penalties.

[Originally No. 6 of 1916. Law Rev. Ord., 1924.] Short title. Returns to be furnished. First Schedule. Second Schedule. Attendance on notice. First, Second, Third Schedules. Answering inquires. Production of documents. Register to be confidential. Powers of the Governor in Council. Offences and penalties.

https://oelawhk.lib.hku.hk/items/show/1302

MARRIAGE OF BRITISH SUBJECTS (FACILITIES) ORDINANCE, 1916

No. 5 of 1916.
An Ordinance to faclilitate marriages between Britlish
subjects resident in this Colony and British subjects
resident in the Unlited 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
contracted in this Colony between a British subject resident
in this Colony and a British subject resident in the United
Kingdom, a certificate for marriage issued by a Superintend-
ent Registrar in England and a certificate for marriage
issued by a Registrar, and a certificate of proclamation of
banns, in Scotland, and a certificate for marriage issued by
a Registrar in 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.

* As amended by Law Rev. Ord., 1924.

3. Where a marriage is intended to be solemnized or
contracted in the United Kingdom between a British subject
resident in the United Kingdom and a British subject
resident in this Colony, a certificate of receipt of notice of
marriage may be issued in this Colony in the like manner as
if the marriage was 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.
[Originally No. 5 of 1916. Law Rev. Ord., 1924.] 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 in 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., 1924.] 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 in 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/1301

PUNISHMENT OF INCEST ORDINANCE, 1916

No. 3 of 1916.
An Ordinance to proride 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,
daiighter, 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 twelve years, the same punishment may be imposed as
may be imposed under section 6 of the Protection of Women
and Girls Orainance, 1897.

* As amended by Law Rev. Ord., 1924. See also No. 35 of 1923.
See also No. 14 of 1906, s. 5 (1) and Schedule.
+ As amended by Law Rev. Ord., 1924.





(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 term not exceeding two years.

(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,
16 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 female, person of or above the age of sixteen
years who with consent permits her grandfather, 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 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 and 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 rape, 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 under this Ordinance, and
he shall be liable to be punished accordingly.

As amended by Law Rev. Ord., 1924.
(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 sections 5, 6 or 10 of the Protection
of Women and Girls Ordinance, 1897, but are not satisfied
that the defendant is guilty of an offence under this Ordinance,
the jury may acquit the defendant of an offence under this
Ordinance and find him guilty of an offence under sections
5, 6 or 10, as the case may be, of the Protection of Women
and Girls Ordinance, 1897, and he shall be liable to be
punished accordingly.

[ (3), rep. Law Revision Ordinance, 1924.]

6. All proceedings under this Ordinance are to be held in
camera.

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., 1924.] Short title. Incest by males. 8 Edw. 7, c. 45, s. 1. 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. Proceedings to be held in camera. 8 Edw. 7.c. 45, s. 5. Sanction of Attorney General. 8 Edw. 7, c. 45, s.6.

[Originally No. 3 of 1916. Law Rev. Ord., 1924.] Short title. Incest by males. 8 Edw. 7, c. 45, s. 1. 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. Proceedings to be held in camera. 8 Edw. 7.c. 45, s. 5. Sanction of Attorney General. 8 Edw. 7, c. 45, s.6.

https://oelawhk.lib.hku.hk/items/show/1300

FALSE PASSPORTS ORDINANCE, 1916

No. 2 of 1916.
An Ordinance to prevent the use of false passports.

[1st March, 1916.]

1. This Ordinance may be cited as the False Passports
Ordinance, 1916.

2. Every person who without lawful authority or excuse
has in his possession a false passport, shall be deemed to be
guilty of a misdemeanor and shall be liable upon conviction
either summarily or on indictment to imprisonment for any
term not exceeding twelve months and to a fine not exceeding
five thousand dollars.

[ss. 3 and 4, rep. Law Revision Ordinance, 1924.]
[Originally No. 2 of 1916. Law Rev. Ord., 1924.] Short title. False passports.

[Originally No. 2 of 1916. Law Rev. Ord., 1924.] Short title. False passports.

https://oelawhk.lib.hku.hk/items/show/1299

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

No. 33 of 1915.

An Ordinance to 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 British
Nationality and Status of Aliens Act, 1914.


[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 said Schedule in any manner whatsoever.


As amended by Law Rev. Ord., 1924,





SCHEDULE. [s. 2.]

Table of fees.

The How and to whom
The matter in which the fee amount payment of the fee
shall be taken. of the is to be made.
fee.

The grant of a certificate of naturaliza- 3-M To the Colonial Treas-
tiln to a woman who was a British urer.
subject previously to her marriage to
an alien and whose husband has diet],
or whose marriage has been dissolved,
and the registration of the certificate
and the oath of allegiance in respect
tbereof.
The grant of a certificate of naturaliza-100.00 To the Colonial Trea,,~-
tion in other cases, and the registra- urer.
tion of the certificate and the oath of
allegiance in respect thereof.
Takinf, a declaration of alienage or of By ineans of overem-
retc`ntion or resumption of British 2.00 bossed revenue stamps
nationality. affixed to the declara-
i tion or form of oath.
Administering the oath of allegiance. 1
The registration of a declaration of 6,00 To the Colonial Treas-
alienage or of retention or resumption urer.
of British nationality.
Certified copy of any declaration or 6.00 To the Colonial Treas-
certificate with or without oath. urer.

Of the fee of $100 payable in respect of the grant of a certificate of
naturalization, $25 shall be payable on the submission of the application
for a certificate, and shall in no circumstances he returned ; and the remain-
ing, $75 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. 25 of 1917.

As amended by G.N. No. 140 of 1921,
[Originally No. 33 of 1915. Law Rev. Ord., 1924.] 4 & 5 Geo. 5, c. 17. Short title. Schedule of fees. Schedule may be amended by Governor in Council.

[Originally No. 33 of 1915. Law Rev. Ord., 1924.] 4 & 5 Geo. 5, c. 17. Short title. Schedule of fees. Schedule may be amended by Governor in Council.

https://oelawhk.lib.hku.hk/items/show/1298

IMPORTATION AND EXPORTATION ORDINANCE, 1915

No. 32 of 1915.

An Ordinance to amend the law relating to importation
and exportation.

[17th December, 1915.]

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

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 it it formed part of this
Ordinance. See No. 11 of 1918, s. 2 (4).





2. In this Ordinance,

(a) To attempt to export means to do any act preparatory
to or for the purpose of exportation: Provided that an
application for an export permit under this Ordinance shall
not be deemed to be an attempt to export if such application
is in all respects in accordance with the provisions of this
Ordinance and of all Orders in Council made thereunder.
(b) To export means to carry or take out of the Colony
or to cause to be carried or taken out of the, Colonv and
includes the carriage out of the Colony of things which were
carried into the Colony by water and which are, without
transhipment into any other vessel, carried out of the Colony,
on the same vessel on which they were carried into the
Colony.
, (e) To import means to carry or bring into the Colony
or to cause to be carried or brought into the Colony.
(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 organisation.
(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 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;

(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 ol such articles or in the documents relating to
such articles;

* As amended by No. 30 of 1917.





(e) to impose upon the owners, charterers, agents and
masters of ships such obligations with regard to manifests
and bills of lading and otherwise as the Governor in Council
may deem necessary for the purpose of carrying this Ordi-
nance into effect and for the purpose of securing compliance
generally with its provisions;
(f) to prescribe any other restrictions whatsoever on the
importation 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 Governor in Council 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 authorised by or tinder the Order in Council to receive
such article;
(c) to prohibit the exportation of any article except under
au export permit or export 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 export permit, or export licence, by any
persons interested in any way whatsoever in the artlicles to
which such perinit 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, agents and
masters of ships such obligations with regard to manifests
and bills of lading and otherwise as the Governor in Council
may deem necessary for the purpose of carrying this Ordi-
nance into effect and for the purpose of securing compliance
generally with its provisions;

(f) 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. The granting or refusal of any permit or licence shall
lie 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 licence.

6.-(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
liond shall be deeined 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.
(9) The recovery of any such sum shall not relieve any
person from any other penalty to which he may he liable
under this or any other Ordinance.

7.-(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 forfeiture 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.

8.-(1) It shall be lawful for any public officer authorised
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 contravened any of the provisions of this Ordinance
or of any Order in Council made thereunder;
(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;
(c) to search any place or vessel (not being a ship of war)
in which such public officer may have reason to suspect that
there may be any thing----

As amended by Law Rev. Ord., 1924.





(i) with respect to which any offence against the provisions
of this Ordinance or of any Order in Council made there-
under may have been committed, or

(ii) which may be evidence of the commission of any such
offence ; and

(d) to seize, remove and detain any thing with respect to
which any offence against the provisions of this Ordinance
or of any Order in Council made thereunder 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 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 vessel until such place or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search,
seizure, or removal, which is authorised by this Ordinance
or by any Order in Council made thereunder.

9. In any proceeding in respect of or involving any
matter, civil or criminal, arising under or in connexion
with this Ordinance or any Order in Council made there-
under-

(a) If any cargo appears on any import manifest furnished
by the owners, charterers, agents or master of any ship at
any time before or after the arrival of such ship in the
waters of the Colony, it shall be presumed in favour of the
Crown against any other party that such cargo was imported
into the Colony on board such ship unless such other party
shall prove affirmatively that such cargo was not in fact
carried into the Colony on board such ship.





(b) If any cargo appears on any export manifest, furnished
by the owners, charterers, agents or master of any ship
before or after the time of sailing of such ship, 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, according as such ship
shall have actually left the waters of the Colony or not,
unless such other party shall prove affirmatively that the
said cargo was not exported or was not intended to be
exported from the Colony on board such ship, as the case
may be.
(c) Any certificate produced from official custody and
purporting to be signed by any British customs or consular
officer shall be prima facie evidence of the truth of the
matters stated therein.

10. It shall be lawful for the Governor in Council in his
absolute discretion to relax in any way, either generally or
in particuilar cases, any of the prosrisions of this Ordinance
or of any Order in Council made thereunder, to make such
relaxation defeasible upon the happening of any event
whatsoever, and to withdraw any relaxation so granted.

11. Every person who contravenes any of the provisions
of this Ordinance or of any Order in Council made there-
under, 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 Order in Council
made thereunder, shall be deemed to commit an offence
against this Ordinance.

12.-(1) Every person who commits or attempts to com-
mit any offence against this Ordinance or against any Order
in Council made thereunder shall be guilty of a misdemeanor
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 a magistrate to order to be
forfeited to the Crown any article in respect of which
any offence against this Ordinance or against any Order
in Council made thereunder has been committed whether

As amended by No. 30 of 1917 and Law Rev. Ord., 1924.

any person shall have 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.

13. Nothing in this Ordinance shall affect the operation
of the Military Stores (Exportation) Ordinance, 1862, or of
any Ordinance amending or substituted for the said Ordi-
nance.

14. The powers conferred by this Ordinance shall be
deemed to be in addition to and not in derogation of any
other powers of His Majesty or of the Governor in Council
or of the Governor or of any public officer.
[Originally No. 32 of 1915. No. 30 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Issue of permit or licence to be discretionary. Forfeiture of board. Forfeiture of deposit. Arrest, search, seizure, removal, and detention. Evidence. Import mainfests to be evidence of importation. Export manifests to be evidence of exportation. Certification of British customs or consular office to be prima facie evidence. Power of the Governor in Council to relax provisions. Offences. Penalties. Saving of Ordinance No. 1 of 1862. Saving of other powers.

[Originally No. 32 of 1915. No. 30 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Issue of permit or licence to be discretionary. Forfeiture of board. Forfeiture of deposit. Arrest, search, seizure, removal, and detention. Evidence. Import mainfests to be evidence of importation. Export manifests to be evidence of exportation. Certification of British customs or consular office to be prima facie evidence. Power of the Governor in Council to relax provisions. Offences. Penalties. Saving of Ordinance No. 1 of 1862. Saving of other powers.

https://oelawhk.lib.hku.hk/items/show/1297

ASIATIC EMIGRATION ORDINANCE, 1915

No. 30 of 1915.
An Ordinance to aniend and consolidate the law relating to
Chinese Passenger Ships as defined by the Chinese
Passengers Act, 1855, and concerning Asiatic
emigrants generally.

[31st March, 1916.]

PART I.

PRELIMINARY.

1. 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 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 carned as a passenger in any
emigrant ship.

(d) Emigrant ship includes every Hongkong emigrant
ship and every outport emigrant ship.

(e) Emigration Officer as regards this Colony means
the Harbour Master and includes any person duly authorised
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 authorised by the Governor of
any British colony to carry out the provisions of the Act.

The operation of this Ordinance is not limited by the Boarding-house Ordinance,
1917. See No. 23 of 1917, s. 8.
See Proclamation No. 10 of 1916.
As amended by Law Rev. Ord., 1924.





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

(g) General licence means a licence granted under
section 13.

(h) Hongkong emigrant ship includes every ship carry-
ing from any port in the Colony of Hongkong more than
twenty passengers being natives of Asia.

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

(j) 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 iliereof, other than a port in the Colony of
Hongkong, 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 sea-going, 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 licerice means a licence granted under
section 14.

(2) Any emigrant ship clearing out or proceeding to
sea on any voyage to any port for the purpose of com-
mencing 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 ex-
pressly 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 regula-
tions made under section 2 of the Act in substitution for
the regulations 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 Officers's certificate contained in Schedule
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 Governor as a 1st class ship to apply to
passengers who being natives of Asia are travelling or are
about to travel on the same terms as non-Asiatic passengers
in the 1st class of any such ship or in the 1st or 2nd class
of any such ship if such ship carries more than two classes
of passengers.





PART II.

PROVISIONS RELATING TO SHIPS CARRYING EMIGRANTS.

6. The master of every ship arriving within the waters
of the Colony with more than twenty emigrants on board
or intended for carrying frorn 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 be 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 Emigra-
tion Officer, to be obtained in manner hereinafter mentioned.

10.-(1) 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 tinder section 12.

(2) Such licences shall be in the respective forms con-
tained in the Eleventh Schedule.

* See s. 49 for penalty.
As amended by Law Rev, Ord., 1924.





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
provided with a licence covering her intended voyage is
abwit to proceed with emigrants from any port in China, or
within one hundred miles of the coast thereof, other thart a
port in the Colony of Hongkong, 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 conveyance of emigrants, apply in writing to the Emigra-
tion Officer at such port for a licence under his hand and
seal for the conveyance of stich emigrants on the intended
voyage only.

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

14. The Governor may grant a special licence for any
period not exceeding twelve mouths, 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 1st class ship.

115. 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 absobite 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 approved by an
Emigration Officer in the sum of one thousand pounds in
the form contained in the Second Schedule:
As amended by Law Rev. Ord., 1924.





(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 hy him.

20.-(1) Any general licence may be revoked by the
Governor if it appears to his satisfaction at any time that
ally of the particulars furnished in respect of the said licence
were untrue, or that there has been any breach of any con-
dition 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 silch outport licence was issued if
it, appeals to the satisfaction of such Emigration Officer 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.

(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 aforesald.

22.-(1) All etnigrant 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 con-
tained in the Sixth Schedule.

As amended by Law Rev. Ord., 1924.





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
conditions and for such period as may be in the opinion 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 appear, 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 he may appoint.

27. A medical inspection of assisted emigrants shall take
phace on shore before embarkation as well as oil board the
ship after embarkation and the Emigration Officer shall not
grailt his certificate unless he 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 emgrants 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

As amended by Law Rev. Ord., 1924.





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 authorised, 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 authorised to
order the offender's licence to be forfeited, and the same shall
thereupon be forfeited accordingly: and the said magistrate
making such order shall forthwith cause notice of such
forfeiture, in the form in the Ninth Schedule, to be transmitted

As amended by Law Rev. Ord., 1924.





to the Secretary for Chinese Affairs, and such forfeiture
shall be exclusive and independent of any other punishment
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 authorise.

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
hereinbefore mentioned.

35. Every passage broker who contracts with any intend-
ing emigrant for a passage in any ship shall forthwith give
notice in writing to the Secretary for Chinese Affairs and to
the Emig ration 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 accommoda-
tion 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 authorised to receive payment
for such passage or for the sale or letting of the accomodation.
in such ship; and such certificate shall be filed in the office
of the Secretary for Chinese Affairs.

* As amended by Law Rev. Ord, 1924.





38.-(1) Every passage broker who has engaged to
provide an emigrant with a passage shall, either personally
or by his duly authorised 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 ascertaining 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.-(1) 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 in curred, shall
be recoverable by the Secretary for Chinese Affairs or
Emigration Officer before any magistrate from the emigra-
tion passage broker of the vessel in which su6h 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.
(22) 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 under section 44.
(3) Every boarding-house keeper licensed under this
Ordinance 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.-(1) It shall be lawful for the Governor in Council
to make rules for the licensing, regulation, and sanitary
maintenance of such boarding-houses, and with regard to all
persons residing therein, and by such rules to require such
registers or other books to be kept as he may deem expedient.
(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.

As amended by Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924. See s. 55 for penalty.





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 forin as he may direct.

46.-(1) The keeper of every licensed boarding-house
froin 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.

PART IV.

PENALTIES.

47. Except where otherwise expressly prescribed under
the provisions of this Ordinance, every person who con-
travenes 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 Ordi-
nance shall be deemed guilty of a misdem eanor.

As amended by Law Rev. Ord., 1924.





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. 50 and 51, rep. No. 21 of 1922.]

52. Every person who

(1) 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-

(1) 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 so
taken away or detained,
shall be guilty of felony, and, being convicted thereof shall
be liable, at the discretion of the court, to imprisonment for
any term not exceeding seven years.

As amended by Law Rey. Ord., 1924.





* 54. Every person who falsely and deceitfully personates,
or aids and abets in falsely and deceitfully personating, an
emigrant or intending 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 misdemeanor, 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 under 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
knowingly 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 exceed-
ing 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
may respectively be bound thereby, and any person grant-
ing 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. -

* As amended by Law Rev. Qrd., 1924.





PART V.

MISCELLANFOUS.

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 required to be furnished
under any of the provisions of section 16 shall, if so ordered
by an Emigration Officer, be verified upon oath or declara-
tion before an Emigration Officer or justice of the peace who
are bereby authorised 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 circumstances 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.

[ss. 60 and 61, rep. Law Revision Ordinance, 1924.]

Schedules. [s. 59.]

FIRST SCHEDULE. [ss. 4(2) and 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 the provisions of the Asiatic Emigration Ordinance, 1915.


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

Dated this day of 19
(Signed)
Emigration Officer.

As amended by Law Rev. Ord., 1924.





SECOND SCHEDULE. Ps. 4(3) and 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 V in the sum of one thousand
pounds of good and lawful money of Great Britain, to be paid unto Our
said Sovereign Lord the King, His Heirs and Successors ; to which pay
ment, 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 them, firmly by these presents, seated 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. [s. 16.]

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

Name of ship ............................................................
Nationality of ship . .......................................................................
Registered tonnage ........................................................................
Name of owners ............................................................................
Name of charterers (if any) .............................................................
Name of acents ............................................................................
Name of master .............................................................................
Intended voyage or voyages, .........................................................
....................................................................
Number of emigrants to he conveyed :-

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

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

* As amended by Law Rev. Ord., 1924.





(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.

1 (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.
(a) Insert, gencral, special, or outport.
(b) State Period, number of voyages, voyage.
(c) Strike out all but one.
(d) Insert name.
(e) Insert address and description (e.g., merchant).

FOURTH SCHEDULE. [ss. 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 has received
from an Emigration Officer a copy ot these regulations and a certificate in
the form in the Appendix to these regulations, nor until the master has
entered into the hond in the form set out in the Second Schedule to the said
Ordinance.

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 the conveyance of
emigrants.

As amended by Law Rev. Ord., 1924.





3. After receiving such application, the Emigration Officer, and any
person authorised 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 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 in a state of perfect cleanliness and if necessary 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 pro-
vided 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 meastirement of the passenger docks 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 be included.

5. No part of the cargo or of the provisions, water, or stores shall he
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
ventilation or to interfere with the comfort of the emigrants nor unless the
same is stowed and secured to the satisfaction of the Emigration Officer
and the space thereby occupied or rendered unavailable for the accommoda-
tion of the emigrants shall be deducted in calculating the space by which
the number of passengers is regulated.

6. The Emigration Officer may, in his discretion, permit emigrants to be
carried as 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 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 passengers 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 addition to other
emigrants for whom accommodation between decks is provided, the space
to he appropriated for sneb emigrants carried a., deck passengers shall he
reckoned exclusively of the space of 4 superficial feet per adult required
to he left clear on the upper (leek for the use of such other emigrants.

7. The following conditions as to provisions shall be observed, to the
satisfaction of the Emicration 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 emi-
grants, over and above the victualling of the crew, during the intended
voyage, according to the following scales

Scale of Chinese
per day.

Rice or bread stuffs .. 1 1/3 lbs.

Dried and/or salt fish 1/3 lbs.
Chinese condiment and curry stuffs,....1 oz.
Fresh vegetables, which will keep
for short voyaces, suell
potatoes, turnips, and } 1 1/3 lbs.
carrots,
pumpkins,
Firewood ............2 Ibs.
Water (to be carried in tanks or sweet
casks) ...............1 gallon.

Seale for Indians.
per day.
Atta or rice ..........1 2/3 lbs.

Fresh vegetables, which will keep
for short voyages, sueb as sweet
potatoes, onions, turnips carrots, 3/4 lb.
and pumpkins,
Ghee, .................4 oz.
Salt, ................... 1/2 oz.
Sugar, ................2 OZ.
Tea, .......................... 1/3 oz
Chillies, .............1/6 oz.
Tunnerie, ..............1/6 oz.
Garlie, ................... 1/6 oz.
Ginger ............... 1/3 oz.
Firewood . ..........2 lbs.
Water ............................. 1 gallon.

(2) the last preceeding 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 substituted 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 eabooses 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 hits not on board any cargo likely, from its
quality, 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 Affairs.

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 of the
emigrants to be re-landed.


11. The Emigration Officer may, if he thinks fit, before granting bis
certificate, employ any duty qualified medical practitioner, master inariner,
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 he
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 reasonable
scale of fees and charges, to be approved by one of His Majesty's Principal
Secretaries of State, for the remuneration of any professional 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, he
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 12
of these regulations:-

1. 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 regulation 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 he detained by the British Consul, dr 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 proceed-
ing 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 ill case of necessity) to help in working the ship ; and shall
issue medicines and medical comforts, as may be requisite ; and shall call at
stich 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 authorised 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 or 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 Government, until such fine has, been paid
and the emigration papers have been given up.

19. In all ports and places where no Emigation Officer has been appointed,
the British Consul shall, until such appointment and at all times during the
vacancy of such office, be deemed 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 Merchant
Shipping Ordiuanee, 1899, as if they were sea-going 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.

APPENDIX.
Form of Einigration officer's

I, A. B., Emigration Officer at the port of
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 Hongkong, entitled the Asiatic Emigration Ordinance,
1915, and that the said ship is authorised to proceed to sea from the port of
for the port of

(2) that the ship is authorised to carry adult, emigrants
and that there are on board [if any are entigrants carried as
deck passengers, add: of whom are 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 cleanliness:

(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 condition and requirements of the said Ordinance have
been duly complied with ;

(8) that none of the said emigrants are 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 hy 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 Officer at thp port of

FIFTH SCHEDULE. [s. 22 (2).]

REGULATIONS RESPECTING SHIPS UNDER SPECIAL LICENCE
ON SHORT VOYAGES.

No ship licensed under special licence under the provisions of the
Asiatic Emigration Ordinance, 1915, shall clear oul 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 he
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 arid 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
he observed:-

(1) the space appropriated to the emigrants between decks shall be
properly ventilated 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;

As amended by Law Rev. Ord., 1924.





(2) the accommodation for female emigrants between decks shall be
separate from that provided for mate emiRgrants ;

(3) a space of 4 superficial feet per adult shall be left clear on the upper
deck for the use of emigrants ; and

(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 passengers 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 92 emigrants
between 1 and 12 years of age ; and

(3) in case emigrants are carried as deck passengers in addition to other
emigrants for whom accommodation between deeks is provided, the space
to be appropriated for such emigrants carried as deck passengers shall he
reckoned exclusively of the space of 4 superficial feet per adult required to
be left clear on the upper deck for the use of such other emigrants.

4. The followitic, conditions as to provisions shall be observed

Provisions, facl, 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 lbs.
Dried and/or salt fish 1/3 lb.


Chinese condiments and curry stuff, 1 oz.

Fresh vegetables, which will keep
for short voyages, such sweet 1 1/3 lbs.
potatoes, turnips, carrots, and
pumpkins . ...............................

Firewood .................. 2 lbs.

Water, (to be carried in tanks or sweet
casks), . ............. 1 gallon.

or according to a scale at least equivalent to
the foregoing.











Sealefor Indians.
per day.
Atta or rice ..............12, Ibs.
Fresh vegetables, which will keep for short
voyages, such as sweet potatoes, onions, 3/4 lb.
turnips, carrots, and pumpkins, ................
Ghee ......................4 oz.
Salt ...................... 1/2 oz.
Sugar . ...................2 oz.
Tea .............1 .........OZ.
Chillies ....................... OZ.
Turmeric ..................J- OZ.
Garlic . .................. oz.
Gin-er .................... OZ.
Firewood ........------ ...2 lbs.
Water ........................................................................ 1 gallon.

5.-(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 Emigration Officer discovers that the number
of emigrants on board or intended to be carried upon that voyage exceeds the
number authorised 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 authorised 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 Merchant
Shipping Ordinance, 1899, as if they were sea-going 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.

SEXTH SCHEDULE. [s. 22 (3).]

REGULATIONS RESPECTING SHIPS UNDER LICENCE ON LONG VOYAGES.

1. No emigrant ship licensed under the provisions of the Asiatic Emigra-
tion 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.

As anien~ed by Law Rev. Ord., 1924,





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 conveyance of emigrants
and of her destination and date of sailing nor unless there are on board a
medical officer and interpreter duly approved of by such Emigration Officer.

3. After receiving such application and notice, the Emigration Officer
and any person authorised by him in that behalf, shall he 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 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 cleanliness and that
she has if necessary been disinfected :

(2) that the space appropriated to the ernigrants 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 emiurants

(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 ;

(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 he 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:-


Seale for Chinese.

,Rice .................................... 1 11). per day.

Salt beef *
Salt pork
Salt fish ........011 alternate (lays.
Fresh beef or inutton, in
tirls .............

Salted vegetables
Pickles .
Fresh ve-ctables, such as
SWeet potatoes, ollioi]S, 2
turnips, carrots, and
pumpkins . ....... J
Water ..........3 Imperial qts. per day.
Firewood .......2 Ibs.

Tea ..............oz.

Lime or lemon juice, and
sugar ..........2 OZ. per week.

NOTE.-Fresh vegetables to be issued during the first mouth of the
voyage only, nuless the master shall obtain a fresh sopply en, route when
these articles may be again supplied in the above proportion.

Scalefir Adians.
peg. day.

Atta or rice ........11 lbs.
Fresh vegetables ....OZ.

Ghee ................4 oz.

Salt . ................oz.

S ugar ..............2 oz.
Tea ................. oz.

Chillies ........... L oz.
Turmeric . ............OZ.
6
Garlic ............. 1 oz.
6
Ginger . ............1 oz.
Water ..3 Imperial quarts.

Firewood ................................................ 2 Ibs.
vol.5 1913-1923 2385 vol. 5 1913-1923 2386 vol. 5 1913-1923. 2387


Disinfectants, &c.

gals. gals. gals. gals. gals.

Commercial carbolic acid or in lien of
this equal quantities of Jeyes' fluid or
Esset's fluid . .....10 15 1.5 20 2 05
Chloride of Lime . ..28 lbs. 42 lbs. 56 lbs. 56 lbs. 60 lbs.
Sulphur for fumigation 14 ,, 18 ,, 18 20 25
Lint . ..............2 2 75 4 4 6
Absorbent cotton wool, 2 2 15 4 4 6

Instraments awd 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 Lliygirisoti's Enema Syringe.
One stomach tube with glass funnel.
One Macintyre Splint.
One set of Cline's Splints.
Bandages, leg and arm, 2 doz.
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 srnall 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.

1. All volatile medicines and acids shall be put in strong stoppered
bottles, and the acids shall be carefully packed in a small case with sand or
sawdust.

2. Chloroform should be in blue glass bottles or covered from light by
dark paper.

3. All the drugs, &c., 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.

For 100 For 200 For 300 For 400 For more
than 400
men. men. men. men.
2 i 2 2.
tins. tins. ~ins. ti 11 s. tins.
Condensed milk of ap-
proved quality, 20 20 30 30 40
2 gals. 3 gals.
Brandy . ........ai. c
...............1 g, 1 gal. 2 gals.
Linic juice . .2 3 4 4
Arrowroot . ...7 bs 7 lbs. 10 lb 10 14 lbs.

(10) that all the requirements of the Asiatic Emigration Ordinance, 1915,
liave 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 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
ventilation or to interfere with 1he comfort of the emigrants nor unless the
same is stowed and secured to the satisfaction of the Emigration Officer;
and the space thereby occupied or rendered unavailable for the accom-
modation 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 shipand proceeding
on any long voyage, shall during the whole 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
enhigrants, in respect of space allotted thein 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 Emigra-
tion 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.

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 have been practised in their collection or embarkation,
lie may detain the ship and, if he shall think fit, may order all or any of the
emigrants to he re-landed.





8. All emigrant ships must be provided with boats and life-saving
appliances in accordance with the provisions of Table A of the Merchant
Shipping Ordinance, 1899, as if they were sea-going 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 for every 100 eini,-lrants.
Lanterns with locks ... 2 Y Il
Cooking spades .......3 jY I,
Meat choppers ........3 55 51
Chopping boards ......3 17
Wood choppers ........1
Rice baskets .........10
Iron dishes, 18 inches 10
Rubbish tubs .........4

A bed, blanket and pillow for cacb person the hospital can accommodate.

12 Blue lights, and 12 Rockets.


10. Before the Emigration Officer can muster the emityrants, he must be
furnished with an emigration list in the form following:-


List of emigrants oil 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 Hongkong on
the day of ......... 19 ,and is bound to the final port-of
.........................consisting of made 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 . .......................................

NUffle Of Interpreter .....................................

Male. Fernale. U J5:
G9

Fi
Age. 1 Age.





SUMMARY.

iAdults. Children. Total.
J
j

Emigrant .....................................

European . i
First Class,
Non-European ........

European . .............
Second Class,
Non-European, .......

European ..i
Steerage,
Non-European ........

Total passengers ...................

Crew, including master and all persons on ship's articles, .........

Total number of souls on board ...................

Victoria, Hongkong, the.: ...day of * 19

Master . ....Ship

SEVENTH SCHEDULE. [s. 3]
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 Sovereign Lord King George V 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, executcrs and administrators, and the heirs, executors, and ad-
ministrators of each of us, and each and every of them, firmly by these
presents, sealed with our seals.

Dated this day of 19

Insert personal and family names in full, with the occupation and address of
each of the parties.





Whereas by the Asiatic Emigration Ordinance, 1915, it is amongst other
things enacted that no person shall carry on the business of a passage
broker in Hongkong, 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 oblioation is that if the above-boundon A.B.
shall well and truly observe and comply with all the requirements of the
said recited Ordinance, so far as the same relate to passage brokers, and
further, shall well and truly pay all fines, forfeiture, and penalties, and
also all snins of money, by way of subsistence money, or of return passsage
money, and compensation to any passenger, or on his account, and also all
costs wbich the above-houndon A.B. may at any time be adjudged to pay
under or by virtue of any of the provisions of tho. said recited Ordinance or
of the Chinese Passengers Act, 1855, of the Imperial Parliament, then
aild in sneh 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. ls. 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 : I, the undersigned, do hereby license and
authorise the said A.B. to carry on the business of a passage broker in
Hougkong, in respect of emigrants on board emigrant ships proceeding
from Hongkong, until the end of the present year and fourteen days after-
wards, 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 liand and seal this day of ,19 .

(Signed.)
[L.S.]
Secretary for Chinese Affairs.

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.





NINTH SCHEDULE. [s. 32.]

FORM OF NOTICE TO BE GIVEN TO THE SECRETARY FOR CHINESE
AFFAIRS OF THE FORFEITURE OF A LICENCE.

Hongkong, , 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.

(Signed.)
Magistrate.
To the Hon. Secretary for Chinese Aflairs.

Victoria, Hongkong.

TENTH SCHEDULE. [s. 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 he 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.

Male. Female.
Nalne and sur- 1 i Ixative place,
name Of Occupation.village, and
emigrant. Age. A-e. district.

Victoria, Hongkong, the day of 19

(Signed.)

Psage broker.

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 of forfeiture.
As amended by Law Rev. Ord., 1924.





I hereby certify that I have explained and registered the above passage
ticket.

Victoria, Hongkong, 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 Hongkong 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 fee
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.

(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.





(Counterfoil.)
Audit No ..................
Asiatic Emigration Ordinance, 1915.
General licence.
(Ordinance No. 30 of 1915, s. 13.)
Name of ship .................................
Nationality of ship ........................................................................
Name of owners. charterers or agents ................................................
..........................................
Maximum number of emigrants :-
1st June to 15th October ............................................................
16th October to 31st May ............................................................

Fee : $15.00 received.
..............
Shroff .
Date of issue .... 19
Reference :-
Harbour Master Letter No .............(Emigration) dated 19

Special licence.
Audit No. ................



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 I

Governor and Commander-in-Chief of the Colony
of Hongkong 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 also to the following conditions (b) ...................................................

...........................................
Dated the day of 19
.................. Governor.
Fee : $15.00.

(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.





(Counterfoil.)
Audit No .............
Asiatic Emigration Ordinance, 1915.
Special Licence.
(Ordinance No. 30 of 1915, s. 14.)
Name of ship ..............................................................................
Nationality or ship ........................................................................
Name of owners, charterers or agents .................................................
...............................
Maximum number of emigrants ........................................................
Period or number of vo aues .........................................................
Ports between which ship may ply .................................................
Fee : $15.00 received.

..............................

Date of issue ....19
Reference :--
Harbour Master Letter. No (Emigration) dated ....19

Outport licence.

G. R .

Chinese Passengers Act, 1855.
Asiatic Emigration Ordinance, 1915,
Outport licence.
(Hongkong Ordinance 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 Ordinance, 1915, AND WHEREAS the master
of the said ship has entered into the bond required by the said Ordinance
NOW THEREFORE .................................................................
Emigration Officer at the port of ........ ......
DO LIEREBY 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 out and proceed to sea before ..................
(2) (a)
Dated the ...............day of 19
Emigration Officer at the port of ...........................
Fee : $5.00.

(a) Here add any other conditions prescribed under section 16 (d) of the Ordinance.

(Counterfoil.)

CHINESE PASSENGERS ACT, 1855.

Asiatic Emigration Ordinance, 1915, (Hongkong).

Outport Licence.

(Hongkong Ordinance No. 30 of 1915, s. 12.)

Port .........................................................................................
Name of ship .................................................................
Nationality of ship ........................................................................
Name of owners, chartcrers or agents .................................................
......................................
Maximurn number of emigrants .........................................................
Destination ..................................................................................
Period within which ship must clear out and proceed to sea .....................
...........................................

Fee : $5.00 received.

......................

Date of issue ..... 19

[Originally No. 30 of 1915. No.21 of 1922. Law Rev. Ord., 1924] 18 & 19 Vict. c .104. Interpretation. Act. Assisted emigrant. Emigrant. Emigrant ship. Emigration Officer. [s. 2 contd.] Free emigrant. General licence. Hongkong emigrant ship. Long voyage. Master. Outport emigrant ship. Outport licence. Passenger. 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 authorised 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. Masters of emigrant ship to report ship's arrival in waters of the Colony. Notice of intended to be given to Emigration Officer. No emigrant ship to go to sea without certificate. Form of certificate. First Schedule. No certificate to be granted and no emigrant and no emigrant ship to go to sea without licence. Licence: different kinds of : General. Special. Outport. Forms of licence. Eleventh Schedule. General or 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 and Third Schedules. 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; counterfeiting certificate; use of spurious certificate; fraudulent inducement to emigrate; false representation as to emigrant. Penalty for improperly obtaining emigrant. [cf. No. 3 of 1890, s. 85.] 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. (a) The words within brackets to be inserted only in the case of a non-British ship. 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, surveyor, and others. Fees of professional persons employed. Fees of Emigration Officer. [Fourth Schedule contd.] 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. Treatment of emigrants at sea. Mustering of emigrants by master. [Fourth Schedule contd.] Production of emigration papers at port of destination. British Consul deemed Emigration Officer where no such Officer is appointed. Life-saving and fire appliances. Ordinance No. 10 of 1899. [Reg. 1.] Prohibition of ship departing without certificate. Accommodation of emigrants. [Fifth Schedule contd.] Conditions as to carriage of emigrants as deck passengers. Conditions as to provisions. 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. [Sixth Schedule contd.] Application for certificate and notice requisite. Inspection of ship. Accommodation of emigrants. [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] Stowage of cargo, provisions, etc. Treatment of emigrants at sea. Mustering of emigrants by Emigration Officer. [Sixth Schedule contd.] Life-saving and fire appliances. Ordinance No. 10 of 1899. Small stores. List of emigrants. [Eleventh Schedule contd.] [Eleventh Schedule contd.]

[Originally No. 30 of 1915. No.21 of 1922. Law Rev. Ord., 1924] 18 & 19 Vict. c .104. Interpretation. Act. Assisted emigrant. Emigrant. Emigrant ship. Emigration Officer. [s. 2 contd.] Free emigrant. General licence. Hongkong emigrant ship. Long voyage. Master. Outport emigrant ship. Outport licence. Passenger. 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 authorised 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. Masters of emigrant ship to report ship's arrival in waters of the Colony. Notice of intended to be given to Emigration Officer. No emigrant ship to go to sea without certificate. Form of certificate. First Schedule. No certificate to be granted and no emigrant and no emigrant ship to go to sea without licence. Licence: different kinds of : General. Special. Outport. Forms of licence. Eleventh Schedule. General or 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 and Third Schedules. 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; counterfeiting certificate; use of spurious certificate; fraudulent inducement to emigrate; false representation as to emigrant. Penalty for improperly obtaining emigrant. [cf. No. 3 of 1890, s. 85.] 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. (a) The words within brackets to be inserted only in the case of a non-British ship. 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, surveyor, and others. Fees of professional persons employed. Fees of Emigration Officer. [Fourth Schedule contd.] 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. Treatment of emigrants at sea. Mustering of emigrants by master. [Fourth Schedule contd.] Production of emigration papers at port of destination. British Consul deemed Emigration Officer where no such Officer is appointed. Life-saving and fire appliances. Ordinance No. 10 of 1899. [Reg. 1.] Prohibition of ship departing without certificate. Accommodation of emigrants. [Fifth Schedule contd.] Conditions as to carriage of emigrants as deck passengers. Conditions as to provisions. 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. [Sixth Schedule contd.] Application for certificate and notice requisite. Inspection of ship. Accommodation of emigrants. [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] [Sixth Schedule contd.] Stowage of cargo, provisions, etc. Treatment of emigrants at sea. Mustering of emigrants by Emigration Officer. [Sixth Schedule contd.] Life-saving and fire appliances. Ordinance No. 10 of 1899. Small stores. List of emigrants. [Eleventh Schedule contd.] [Eleventh Schedule contd.]

https://oelawhk.lib.hku.hk/items/show/1296

DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE INCORPORATION ORDINANCE, 1915

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 the institution known as the Italian Convent is
carried on.
[29th October, 1915.]

1. This Ordinance may be cited as the Daughters of
Charity of the Canossian Institute Incorporation Ordinance,
1915.

This part may be filled up later if necessary.





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 (Hongkong)
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,
re-assign, transfer or otherwise deal with or dispose of
any lands, buildings, messuages, or tenements, mortgages,
debentures, 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 Sowkewan and Aberdeen in the Colony of Hongkong
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 Lots
Nos. 578 and 1370; and as Kowloon Inland Lots Nos. 168,
169 and 617; and as Sowkewan Lot No. 106 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 sealed 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 authorised and
such deeds and instruments and all other documents, instru-
ments, and writings requiring the signature of the corporation
shall be signed by such Mother Superioress or her attorney.

6.-(1) Sister Teresa Martinoia, the present Mother
Superloress in this Colony of the said Society, having
furnished to the Governor satisfactory evidence of her
appointment to that office, shall for the purposes of this
Ordinance be deemed to be the Mother Superioress in this
Colony of the said Society until the appointment in her
stead, of some other person as such Mother Superioress.

(2) When any other 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 appoint-
ment.

(3) 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.

No. 28 of 1915, incorporated in No. 25 of 1914.

No. 29 of 1915, incorporated in No. 3 of 1890.
[Originally No. 26 of 1915.] Short title. Incorporation of the Mother Superioress in Hongkong of the Society of he Daughters of Charity of the Canossian Institute. Powers of the corporation. Vesting of properties. Execution of documents. Appointment of Mother Superior. Saving of rights of the Crowns and of certain other rights.

[Originally No. 26 of 1915.] Short title. Incorporation of the Mother Superioress in Hongkong of the Society of he Daughters of Charity of the Canossian Institute. Powers of the corporation. Vesting of properties. Execution of documents. Appointment of Mother Superior. Saving of rights of the Crowns and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1295

TRAVELLERS RESTRICTION ORDINANCE, 1915

No. 19 of 1915.
An Ordinance to regulate the entrance of persons into the
Colony and the departure of persons from the Colony
and to confer various powers in connexion therewith.
[12th July, 1915.]
1. This Ordinance may be cited as the Travellers Re-
striction Ordinance, 1915.

2. In this Ordinance,
(a) Examination officer means any officer in the exam-
ination service which was notified by Government Notifica-
tion No. 286 published in the Gazette Extraordinary of the
3rd day of August, 1914.
(b) Master means any person (except a pilot) having
command or charge of any ship.
(c) Passenger means any person on a ship other than
the master and persons employed in the working or service
of the ship.
(d) Police officer includes all special constables and all
members of the Police Reserve.
(c) Ship includes every description of vessel used in
navigation other than Chinese junks propelled solely by sails
and oars.
(f) Vessel includes any ship or boat and any other
description of vessel used in navigation.

3.-(1) Except with the permission of a police officer or
examination officer, no person shall leave any ship which
arrives in the Colony until such ship has been examined by
a police officer.

(2) Any such permission may be general or may be limited
to particular persons or classes of persons.

4. Every person to whom section 10 may for the time
being apply who arrives in the Colony and who is not
examined by a police officer or examination officer at the
time, of his arrival shall report himself at a police station
within twelve hours of his arrival in the Colony.

The operation of this Ordinance is not limited by the Boarding-house Ordinance,
1917. See No. 23 of 1917, s. 8.
As amended by Law Rev. Ord., 1924.





5. Except with the permission of a police officer or
examination officer, no ship which arrives in the Colony,
shall be taken alongside any pier or wharf or other vessel,
nor shall any other vessel be taken alongside such ship,
until such ship has been examined by a police officer.

6.-(1) The master of every ship which arrives in the
Colony shall hoist the police call flag ( S in the Inter-
national Code of Signals) whenever ordered to do so by any
examination officer or police, officer, and whenever hailed by
any police officer, and shall keep the said flag flying untlil
authorised by a police officer to take it down.

(2) Except with the permission of a police officer, no person
shall leave any ship which is flying the Police call flag.

(3) Except with the permission of a police officer, no ship
which is flying the Police call flag shall be taken alongside
any pier or wharf or other vessel, nor shall any other vessel
be taken alongside such ship.

(4) The provisions of this section shall apply notwith-
standing any permission given before such ship is ordered
to hoist the Police call flag or is hailed by a police officer, as
the case may be.

7.-(1) Every person who arrives in the Colony, or who
is about to leave the Colony, shall truthfully and fully
answer all questions und inquiries put to him by any police
officer or examination officer, notwithstanding that the
answer to any such question may tend to render such person
liable to any restriction whatsoever or may tend to in-
criminate him, and shall disclose and produce to any police
officer or examination officer, on demand all documents in
the possession of such person tending directly or indirectly
to establish his identity, nationality or occupation, or any
absolute or conditional liability on his part to any military
or naval service under any state whatsoever.

(2) This section shall extend to any inquiry made of any
person who is suspected of having arrived in the Colony
since the 4th day of August, 1914, or who shall hereafter
so arrive, or who shall hereafter be suspected of being about
to leave the Colony.





(3) Any answer to any such question or inquiry shall be
admissible in evidence in any proceedings under this Ordi-
nance against the person making such answer: Provided
that nothing in this section shall be construed as rendering
any such answer inadmissible in any other proceedings in
in which it would otherwise be admissible.

8. Every person who arrives in the Colony, or who is
about to leave the Colony shall, if so directed by any police
officer, proceed, at or before such time as may be directed by
such police officer, to such place or places as such police
officer may direct, for further inquiry into his case.

9. The master of every ship which arrives in the Colony,
or which is about to leave the Colony, shall whenever required
to do so by any police officer or examination officer-

(a) exhibit to such officer a complete list of the crexy:

(b) furnish the said officer with a complete list of the
passengers :

(C) produce to such officer for inspection and interrogation
all the passengers and all the members of the crew.

10.-(1) No person shall without the permission of the
Governor leave or attempt to leave the Colony without a pass
issued by or under the authority of the Captain Superintend-
ent of Police.

(2) This section shall apply only to the persons referred
to in the First Schedule : Provided that the Governor in
Council shall have power to amend the said Schedule in any
way whatsoever.
(3) The granting of any such permission and the issuing
of any such pass shall be in the absolute discretion of the
Governor and Captain Superintendent of Police respectively.

11.-(1) No ship shall leave the Colony until it has been
examined by a police officer.

(2) Except with the permission of a police officer or an
examination officer, no person shall, after the police examina-
tion has been begun, board any ship which is about to leave
the Colony.
* As amended by Law Rev. Ord., 1924.





(3) Except with the permission of a police officer or
an exainination officer, no thing shall, after the police
examination has been begun, be put on board any ship which
is about to leave the Colony.

12. The, master of every ship which arrives in the Colony
or which is about to leave the Colony shall report forth-
with to a police officer or examination officer every case in
which he has anv reason to believe that an offence against
this Ordinance as been or is about to be committed.

13.-(1) Whenever the Governor shall, under the powers
conferred on him by sub-clause 3 of clause III of the Order
of Her late Majesty Queen Victoria in Council made on the
26th day of October, 1896, order any person to quit the
Colony, it shall be lawful for the Governor by warrant under
his hand to orcler that such person be arrested and kept in
custody until his departure from the Colony.
(2) Every person ordered to quit the Colony shall leave
the Colony on such date and by such route or by such ship,
train, or other conveyance, as may be directed by the
Governor, and no person so ordered to quit the Colony shall
leave the Colony except by such route or by such ship, train,
or other conveyance.
(3) Any warrant under this section may be in the form in
the Second Schedule.

14.-(1) It shall be the duty of the keeper of every hotel,
inn, boarding house, and lodging-house, and of the secretary
of every club, to ascertain and enter in a register kept for
the purpose the names and nationality of all persons over the
age of fourteen years staying at the hotel, inn, boarding-house,
lodging-house or club, to whom section 10 may for the time
being apply, together with the dates of their arrival and
departure, their destinations on departure, and such other
particulars as may be prescribed by the Captain Superintendent
of Police, and if the keeper of an hotel, inn, boarding-house, or
lodging-house, or the secretary of a club, fails to do so, or if
he makes any entry in any such register which he knows or
could by the exercise of reasonable diligence have ascertained
to be false, he shall be guilty of a contravention of this Ordi-
nance.

As amended by Law Rev. Ord., 1924.





(2) The keeper of every hotel, inn, boarding-house, or
lodging-house, and the secretary of every club, shall also
make to the Captain Superintendent of Police such returns
as to the particulars aforesaid, at such times or intervals, and
in such form as the Captain Superintendent of Police may
direct, and every such keeper or secretary who fails to do so,
or makes any false return, shall he guilty of a contravention
of this Ordinance.

(3) It shall be the duty of every person who stays at an
hotel, inn, boarding-house, lodging-house, or club, to furnish
to the keeper or secretary and sign a statement containing
such information as such keeper or secretary may require
for the purpose of compiling such register as aforesaid, and
every person who fails to do so, or gives any false informa-
tion, shall be guilty of a contravention of this Ordinance.

(4) Every register kept under this section shall, at all
reasonable hours, be open to inspection by any officer of
police, or by any other person authorised by the Captain
Superintendent of Police.

(5) For the purposes of this section, keeper of a lodging-
house includes any person who for reward receives any
other person to lodge with him or in his house; and where
any hotel, inn, boarding-house, or lodging-house is under the
management of a manager, keeper in relation thereto
includes such manager.

15.-(1) It shall be lawful for any police officer authorised
by the Captain Superintendent of Police in writing in that
behalf, either generally or for a particular occasion-
(a) to detain for further inquiries during a period not
exceeding four days any person in whose case suich police
officer may have reason to believe that further inquiry is
necessary;

(b) to arrest and bring before a magistrate any person
whom such police officer may have reason to suspect of having
contravened or attempted to contravene any of the provisions
of this Ordinance;

(c) to search the person and property and effects of any
person whom it may be lawful for such police officer to detain
or arrest, or who may arrive in or be about to leave the
Colony: 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;

(d) to search any place or vessel (not being a ship of war)
in which such police officer may have reason to suspect that
there may be anything-

(i) which may be evidence of any contravention or intended
contravention of any of the provisions of this Ordinance, or

(ii) which may belong to or be in the possession or under
the sole or partial control of any person whom it may be
lawful for such police officer to detain or arrest; and

(e) to seize, remove and detain anything which may appear
to be evidence of any contravention of the law, or which it
may be desirable to detain for further examination, or which
may appear to belong to or to be in the possession of or to
be under the sole or partial control of any person whom it
may be lawful for such police officer to detain or arrest.

(2) Such police officer may-

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

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

(c) remove by force any personal or material obstruction
to any arrest, detention, search, seizure, or removal which be
is empowered to make;

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

(3) No person shall obstruct any detention, arrest, search,
seizure, or removal, which is authorised by this Ordinance.

16. Every person who acts in contravention of or fails to
comply with any of the provisions of this Ordinance, and
every person who permits or knowingly is a party to any such
contravention or failure, shall be guilty of a misdemeanor
and shall be liable upon conviction either summarily or on
indictment, to imprisonment for any term not exceeding
twelve months and to a fine not exceeding five thousand
dollars.

As amended by Law Rev. Ord., 1924.





17. Nothing in this Ordinance shall be construed as
derogating in any way from any rights or powers of the
Crown in existence immediately before the coming into
operation of this Ordinance.
[s. 18, rep. Law Revision Ordinance, 1924.]

FIRST SCHEDULE. [s. 10.]
Persons to whom section 10 of the Ordinance is to apply.

All persons except-
(a) Members of His Majesty's regular naval or military forces travelling
on duty.

(b) Persons of Chinese race.

SECOND SCHEDULE. [s. 13.]

WARRANT.

(Travellers Restriction Ordinance, 1915.)

To each and all of the police officers of the Colony of Hongkong and to
the Superintendent of Prisons in the said Colony.

Whereas under the powers conferred upon me by the Order of Her late
Majesty Queen Victoria in Council made on the 26th day of
October, 1896, I have ordered ...............................................
........................... to quit the Colony
Now these are to command you forthwith to arrest the said .........
....................... and to keep him in custody until
his departure from the Colony.
Dated at Victoria in the Colony

of Hongkong this day

of ...........9 19

Governor.

Served on the said ..................................................................
this ..day of .... 19
.............By me,

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

(Description) ............................................................

As amended by G.Ns. Nos. 27 of 1919, and 104 and 115 of 1922.
As amended by Law Rev. Ord, 1924.

* I hereby direct that the said ......................................................
........................... shall leave the Colony on
(date or alternative dates) ...............................................................
by (route or ship or other conveyance) .............................................
............

Dated at Victoria in the Colony

of Hongkong this day

of .......19
.........................................
Governor.

Served on the said ..................................................................
this .......day of ..........19

By me,

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

(Description) ...........................................

[Originally No.19 of 1915. Law Rev. Ord., 1924] Short title. Interpretation. No person to leave without permission any ship arriving in the Colony. Persons not examined to report themselves. No ship arriving in the Colony to go alongside any pier or other vessel without permission. Master to hoist police flag if directed. Persons arriving or leaving to answer all inquiries. Persons arriving or leaving to proceed for further inquiry to place directed. Certain duties of masters of ships. Certain persons not to leave the Colony without permission. First Schedule. Examination of ships about to leave the Colony. Masters of ships to report contraventions. Powers with regards to persons ordered to quit the Colony. Second Schedule. Registration of visitors at hotels. Powers of detention, arrest, search, seizure and removal. Penalties. Saving of rights and powers of the Crown.

[Originally No.19 of 1915. Law Rev. Ord., 1924] Short title. Interpretation. No person to leave without permission any ship arriving in the Colony. Persons not examined to report themselves. No ship arriving in the Colony to go alongside any pier or other vessel without permission. Master to hoist police flag if directed. Persons arriving or leaving to answer all inquiries. Persons arriving or leaving to proceed for further inquiry to place directed. Certain duties of masters of ships. Certain persons not to leave the Colony without permission. First Schedule. Examination of ships about to leave the Colony. Masters of ships to report contraventions. Powers with regards to persons ordered to quit the Colony. Second Schedule. Registration of visitors at hotels. Powers of detention, arrest, search, seizure and removal. Penalties. Saving of rights and powers of the Crown.

https://oelawhk.lib.hku.hk/items/show/1294

ESTATE DUTY ORDINANCE, 1915

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 Law Revision Ordi-
nance, 1924.

No. 15 of 1915, incorporated in No. 16 of 1914.

No. 16 of 1915.
An Ordinance to provide for the levy of estate duly payable
in respect of the estates of deceased persons.

[1st January, 1916.]

1. This Ordinance may be cited as the Estate Duty Ordi-
nance,

2. This Ordinance shall apply to the case of every deceased
person representation to whose estate shall have been applied
for after the 1st day of May, 1921, irrespective of the date of
such person's death.

3.-(1) In this Ordinance,

(a) Commissioner means the Pegistrar of the Supreme
Court, or such other person as the Governor may, by notifica-
tion in the Gazette, appoint to carry out the provisions of this
Ordinance,

(b) Estate duty means estate duty under this Ordinance.
(c) Executor means the executor or administrator of a
deceased person and includes, as regards any obligation
under this Ordinance, any person who takes possession of or
intermeddles with the property of a deceased person or any
portion thereof.

* As amended by Law Rev. Ord., 1924.
As amended by No. 8 of 1921 and Rev. Ord., 1924.





(d) Incumbrances includes mortgages and terminable
charges.

(c) Interest in expectancy includes an estate in remain-
der or reversion and every future interest whether vested or
contingent, but does not include a reversion expectant upon
the determination of leases.
(f) ' Property includes movable and immovable property,
and the proceeds of sale thereof, and any money or invest-
ment.for the time being representing the proceeds of sale,
and any estate in ally property movable or immovable and
any debt and any thing in action and any other right or
interest in the nature or property whether in possession or not.

(g) Property passing on the death includes property
passing either immediately on the death or after any interval,
and either certainly or contingently, and either originally or
by way of substitutive limitation, and on the death includes
at a period ascertainable only by reference to the death.

(h) Prescribed means prescribed by rules made by the
Governor in Council under this Ordinance.

(i) Settlement means any non-testamentary disposition
in writing, whether made voluntarily or upon a good or
valuable consideration other than a bona fide pecuniary
consideration, whereby any definite and certain property is
settled or agreed to be settled in any manner for any purpose
whatsoever.

(2) For the purposes of this Ordinance,-

A person shall be deemed competent to dispose of property
if he has such an estate or interest therein or such general
power as would, if he were sui juris, enable him to dispose
of the property; and general power. includes every power
or authority enabling the donee or other holder thereof to
appoint or dispose of property as he thinks fit, whether
exerciseable by instrument inter vivos or by will, or both, but
exclusive of any power exerciseable either in a fiduciary
capacity under a disposition not made by himself or as
mortgagee.

A disposition taking effect out of the interest of the
deceased person shall be deemed to have been made by him,
whether the concurrence of any other person was or was not
required.





Money which a person has a general power to charge on
property shall be deemed to be property of which he has
power to dispose.

4. In the case of every deceased person there shall, save
as hereinafter expressly provided, be levied and paid upon
the principal value, ascertained as hereinafter provided, of
all property passing on the death of such person, a stamp
duty called estate duty at the graduated rates mentioned in
the Second Schedule: Provided that, where the principal
value of an estate comprises a fraction of one hundred dollars.,
such fraction shall, for the purpose of determining the
amount of estate duty payable, be reckoned as one hundred
dollars.

5.-(1)Property passing on the death of the, deceased
shall be deemed to include the property following:-

(a) property of which the deceased was at the time of his
death competent to dispose;

(b) property in which the deceased or any other person
had an interest ceasing on the death of the deceased, to the
extent to which. a benefit accrues or arises by the cesser of
such interest, and such property shall be deemed to pass on
the death of the deceased notwithstanding that that estate or
interest has been surrendered, assured, divested or otherwise
disposed of, whether for value or not, to or for the benefit of
any person entitled to an estate or interest in remainder
or reversion in such property, unless that surrender, assur-
ance, divesting or disposition was bond' fide made or effected
three years before the death of the deceased, and bona fide
possession and enjoyment of the property was assumed there-
under immediately upon the surrender, assurance, divesting
or disposition, and thenceforward retained to the entire
exclusion of the person who had the estate or interest limited
to cease as aforesaid, and of any benefit to him by contract
or otherwise: Provided that where property affected by
such a surrender, assurance, divesting or disposition is
deemed to be property passing on the death of the deceased
by reason only that the property was not, as from the date of
the surrender, assurance, divesting or disposition, retained

As amended by No. 8 of 1921 and No. 22 of 1921.
As amended by Law Rev. Ord., 1924.





to the entire exclusion of the deceased or a person who had
an estate or interest limited to cease on the death of the
deceased, and of any benefit to him by contract or otherwise,
the property shall not be deemed to pass on the death of the
deceased if subsequently, by means of the surrender of
the benefit reserved or otherwise, it is enjoyed to the entire
exclusion of the deceased or such other person as aforesaid,
and of any benefit to him by contract or otherwise, for a
period of three years immediately preceding the death of the
deceased: Provided also that this paragraph shall not apply
to any property the interest in which of the deceased or
other person was only an interest as holder of an office or as
recipient of the benefits of a charity or as a corporation sole

(c) property taken as a donatio mortis causa made by the
deceased or taken under a disposition made by him, purport-
ing to operate as an immediate gift inter vivos, whether by
way of transfer, delivery, declaration of trust, or otherwise,
which shall not have been bona fide made three years before
his death, or taken ander any gift, whenever made, of which
property bona fide possession and enjoyment shall not have
been assumed by the donee immediately upon the gift and
thenceforward retained to the entire exclusion of the donor
or of any benefit to him by contract or otherwise: Provided
that this paragraph shall not apply to gifts inter vivos which
are made in consideration of marriage, or which are proved
to the satisfaction of the Commissioner to have been part of
the normal expenditure of the deceased, and to have been
reasonable having regard to the amount of his income or to
the circumstances, or which in the case of any donee do not
exceed in the aggregate one thousand dollars in value or
amount: Provided also thaf where property taken under a
disposition purporting to act as an immediate gift inter viros
is deemed to be property passing on the death of the
deceased by reason only that the property was not, as from
that date of the disposition, retained to the entire exclusion
of the deceased or a person who had an estate or interest
limited to cease on the death of the deceased, and of any
benefit to him by contract or otherwise, the property shall
not be deemed to pass on the death of the deceased if sub-
sequently, by means of the surrender of the benefit reserved
or otherwise, it is enjoyed to the entire exclusion of the
deceased or such other person as aforesaid, and of any
benefit to him by contract or otherwise, for a period of three.
years immediately preceding the death of the deceased;





(d) property to which the deceased has been absolutely
entitled, and which he has caused to be transferred to or
vested in himself and any other person jointly, whether by
disposition or otherwise (including also any purchase or
investment effected by the deceased either by himself alone,
or in concert, or by arrangement with any other person), so
that the beneficial interest therein or in some part thereof
passes or accrues by survivorship on his death to such other
person

(e) property passing under any past or future settlement
made by the deceased by deed or any other instrinnent not
taking effect as a will, whereby an interest in such property,
or the proceeds of sale thereof, for life or any other period
determinable by reference to death is reserved, either
expressly or by implication, to the settlor, or whereby the
settlor may have reserved to himself the right by the exercise
of any power to restore to himself, or to reclaim the absolute
interest in such property or the proceeds of sale thereof ; and

(f) any annuity or other interest purchased or provided
by the deceased either by himself alone or in concert or by
arrangement with any other person, to the extent of the
beneficial interest accruing or arising by survivorship or
otherwise on the death of the deceased.

(2) Property passing on the death of the deceased shall
not be deemed to include property held by the deceased as
trustee for another person, under a disposition not made by
the deceased or under a disposition made by the deceased
more than three years before his death where possession and
enjoyment of the property was bona fide assumed by the
beneficiary immediately upon the creation of the trust and
thenceforward retained to the entire exclusion of the deceased
or of any benefit to him by contract or otherwise: Provided
that where property taken under such a disposition as
aforesaid is deemed to be property passing on the death
of the deceased by reason only that the property was not, as
from the date of the disposition, retained to the entire
exclusion of the deceased or a person who had an estate or
interest limited to cease on the death of the deceased, and
of any benefit to him by contract or otherwise, the property
shall not be deemed to pass on the death of the deceased if
subsequently, by means of the surrender of the benefit
reserved or otherwise, it is enjoyed to the entire exclusion
of the deceased or such other person as aforesaid and of any





benefit to him by contract or otherwise, for a period of three
years immediately preceding the death of the deceased.
(3) Where property is settled by a person on himself for
life, and after his death on any other person with an ultimate
reversion of an absolute interest or absolute power of
disposition to the settlor, the property shall not be deemed
for the purpose of this Ordinance to pass to the settlor on
the death of any such other person after the commencement
of this Ordinance, by reason only that the settlor, being then
in possession of the property as tenant for life, becomes, in
consequence of such death, entitled to dispose of the whole
property.

(4) (a) Where by a disposition of any property an interest
is conferred on any person other than the disponer for the
life of such person or determinable on his death, and such
person enters into possession of the interest and thenceforward
retains possession thereof to the entire exclusion of the
disponer or of any benefit to him by contract or otherwise,
and the only benefit which the disponer retains in the said
property is subject to such life or determinable interest, and
no other interest is created by the said disposition, then, on
the death of such person after the commencement of this
Ordinance, the property shall not be deemed for the purposes
of this Ordinance to pass by reason only of its reverter to
the disponer in his lifetime.

(b) Where by a disposition of any property any such
interest as above in this sub-section mentioned is conferred
on two or more persons, either severally or jointly, or in
succession, this sub-section shall apply in like manner as
where the interest is conferred on one person.
(c) Provided that paragraphs (a) and (b) shall not apply
where such person or persons taking the said life or
determinable interest had at any time prior to the disposition
been himself or themselves competent to dispose of the said
property.

6. Estate duty shall not be payable in respect of-
(1) property passing on the death of the deceased by
reason only of a bona fide purchase from the person under
whose disposition the property passes nor in respect of the
determination of any annuity for lives where such purchase
was made or such annuity granted for full consideration in





money or money's worth paid to the vendor or grantor for
his own use or benefit. Where any such purchase was
made, or annuity granted for partial consideration in money
or money's worth. paid to the vendor or grantor for his own
use or benefit, the value of the consideration shall be allowed
as a deduction from the value of the property for the purpose
of estate duty;

(2) property situate outside the Colony;
(3) any share or other interest of a deceased member of a
company registered in a local regilster under the Companies
Ordinance, 1911;

(4) any land situated in the New Territories in respect of
which a successor has been registered by the Land Officer
under the first clause of section 29 of the New Territories
Regulation Ordinance, 1910: Provided that this exception
shall not apply to any land which forms part of an estate of
which probate or letters of administration have been granted
by the Supreme Court.

7. For determining the rate of estate duty to be paid on
any property passing on the death of the deceased, all prop-
erty so passing in respect of which estate duty is payable
shall be aggregated so as to form one estate.

8.-(1) Estate duty shall be payable as hereinafter
mentioned.

(2) The executor of the deceased shall pay the estate duty
in respect of all propertythe deceased was competent
to dispose at the date of his death by stamps affixed to the
affidavit for the Commissioner and may pay in like manner
the estate duty in respect of any other property passing on
such death, which by virtue of any testamentary disposition
of the deceased is under the control of the executor, or, in the
case of property not under his control, if the persons
accountable for the estate duty in respect thereof request
him to make such payment.

(3) Where the executor does not know the amount or value
of any property which has passed on the death, he may state
in the affidavit for the Commissioner that such property
As amended by No. 22 of 1921.





exists, but that he does not know the amount or value there-
of and that he undertakes as soon as the amount and value
are ascertained to bring in an account thereof and to pay
both the estate duty for which he is or may be liable and
any further estate duty payable by reason thereof for which
he is or may be liable in respect of the other property
mentioned in the affidavit.
(4) Estate dvity so far as not paid by the executor shall be
paid by stamps affixed to an account setting forth the
particulars of the property and delivered to the Commis-
sioner within six months after the death, by the person
accountable for the estate duty; or within such further time
as the Commissioner may allow.

(5) Every estate shall include all income accrued upon
the property included therein down to and outstanding at
the date of the death of the deceased.

(6) Interest at the rate of four per cent. per annum on the
estate duty shall be paid from the date of the death up to
the date of the delivery of the affidavit or account, or the
expiration of six months after the death, whichever first
happens, and shall form part of the estate, duty, and subject
as aforesaid interest at the rate of eight per cent. per annum
for the period during which it remains unpaid, shall accrue
on the estate duty payable.
(7) The estate dutv which is to be collected upon an
affidavit for the Commissioner or on an account, shall be
due on the, delivery thereof or on the expiration of six
months from the death, whichever first happens.

9.-(1) In determining the value of an estate for the
purpose of estate duty, allowance shall be made for reason-
able funeral expenses incurred in the Colony not exceeding
one thousand dollars or two and a half per cent. of the
ascertained value of the estate, whichever is the smaller, and
for debts and incumbrances, but an allowance shall not be
made-
(a) for debts incurred by the deceased, or incumbrances
created by a disposition made by the deceased, unless such
debts or incumbrances were incurred or created bona fide
for full consideration in money or money's worth wholly for
the deceased's own use and benefit and take effect out of his
interest; nor

* As amended by No. 22 of 1921.





(b) for any debt in respect whereof there is a right to
reimbursement from any other estate or person unless such
reimbursement cannot be obtained; nor
(c) more than once for the saine debt or incumbrance
charged upon different portions of the estate ;
and any debt or incumbrance for which an allowance is
made shall be deducted from the value of the property
liable thereto.
(2) Where a debt or incumbrance has been incurred or
created in whole or in part for the purpose of or in con-
sideration for the purchase or acquisition or extinction,
whether by operation of law or otherwise, of any interest in
expectancy in any property passing or deemed to pass on
the death of a deceased person, and any person whose
interest in expectancy is so purchased, acquired, or
extinguished becomes (under any disposition made by, or
through devolution of law from, or under the intestacy of,
the deceased) entitled to any interest in that property, then
in determining the value of the estate of the deceased for
the purpose of estate duty no allowance shall be made in
respect of such debt or incumbrance, and any property
charged with any such debt or incumbrance shall be deemed
to pass freed from that debt or incumbrance

Provided that---
(a) if part only of such debt or incumbrance was incurred
or created for such purpose or as such consideration as
aforesaid, this provision shall apply to that part of such debt
or incumbrance only; and
(b) if a person whose interest in expectancy lit the property
so purchased, acquired, or extinguished becomes entitled to
an Interest in part only of that property, this provision shall
apply only to such part of the debt or incumbrance as bears
the same proportion to the whole debt or incumbrance as
the value of the part of the property to an interest in which
he becomes entitled bears to the value of the whole of that
property.
(3) No allowance shall be made for debts due from the
deceased to persons resident out of the Colony unless con-
tracted to be paid in the Colony, or charged on property
situate within the Colony.





(4) (a) The principal value of any property shall be
estimated to be the price which, in the opinion of the Com-
missioner, such property would fetch if sold in the open
market at the time of the death of the deceased.

(b) In estimating such principal value the Commissioner
shall not make any reduction in the estimate on account of
the estimate being made on the assumption that the whole
property is to be placed on the market at one and the same
time: Provided that where it is proved to the Commissioner
that the value of the property has been depreciated by
reason of the death of the deceased the Commissioner in
fixing the price shall take such depreciation into account.

10.-(1) Every person applying for probate or letters of
administration shall, to the best of his knowledge and belief,
specify in appropriate accounts annexed to an affidavit for
the Commissioner in the prescribed form all the property in
respect of which estate duty is payable upon the death of the
deceased, and shall be accountable for the estate duty in
respect of all property of which the deceased was competent
to dispose at his death but shall not be liable for any duty
in excess of the assets which he has received as executor or
might but for his own neglect or default have received.

(2) Where property passes on the death of the deceased,
and his executor is not accountable for the estate duty in
respect of such property, every person to whom any property
so passes for any beneficial interest in possession, and also
to the extent of the property actually received or disposed of
by him, every trustee, guardian, committee, or other person
in whom any interest in the property so passing or the
management thereof is at any time vested, and every person
in whom the same is vested in possession by alienation or
other derivative title shall be accountable for the estate duty
on the property and shall within the time required by this,
Ordinance or such later time as the Commissioner allows
deliver to the Commissioner and verify an account for the
Commissioner to the best of his knowledge and belief, of
the property: Provided that nothing in this sub-section
shall render liable to or accountable for estate duty a bona fide
purchaser for valuable consideration without notice.

(3) The Commissioner may summon before him any person
accountable for estate duty, and any person whom the
Commissioner believes to have taken possession of or





administered any part of the estate in respect of which estate
duty is leviable on the death of the deceased, or of the
income of any part of such estate, or any person whom the
Commissioner believes to be indebted to the deceased or
any person whom the Commissioner believes to be capable
of giving information as to such estate, and may examine
such person with regard to the premises and may require
any such person to produce any documents in his custody or
power relating to the estate in respect of which estate duty
is leviable on the death of the deceased. And any such
person who without any, lawful impediment or excuse, to be
allowed by the Commissioner, fails to come before the
Commissioner, at the time appointed or refuses to answer
any question lawfully put him by the Conimissioner or fails
to produce any such document as aforesaid, shall forfeit the
sum of five hundred dollars which shall be a debt due to
the Crown and be recoverable in the same way as Crown
rents may be recovered and in addition to such forfeiture
the Commissioner may apply to the Supreme Court in a
summary manner in the matter to his inquiry relates
for an order enforcing compliance with his reasonable
requirements.

(4) Nothing in this section shall be held to render liable
any person who is entitled under any Ordinance to deliver
or order to be delivered property of a deceased person with-
out representation to his estate having first been obtained
nor the person to whom property shall be delivered by or by
the order of such person.
(5) All affidavits and accounts required under this section
shall be delivered to the Commissioner, who shall, before
the affidavit or account is stamped, make such inquiry
respecting the contents of, or the particulars verified by
such affidavit or account and the value of the various
properties included therein as he thinks necessary, and the
person making or tendering such affidavit shall be legally
bound to attend at the office of the Commissioner, whenever
required by him, and to furnish and produce to the Com-
missioner such explanations and documentary or other
evidence as the Commissioner may require.

(6) The Commissioner, if he thinks fit, may authorise a
person to inspect any property and report to him the value
thereof for the purposes of this Ordinance, and, if he does
so, the person having the custody or possession of that





property shall permit the person so authorised to inspect it
at such reasonable time as the Commissioner considers
necessary.
(7) When the Commissioner requires a valuation to be
made by a person named by him, the costs of such valuation
shall be defrayed by the Commissioner.
(8) When the Commissioner has ascertained the amount
of estate duty payable on an affidavit or on an account, he
shall certify the same in writing in the prescribed form and
the proper stamps shall forthwith be affixed to the affidavit
or account.
(9) The Commissioner may remit the interest payable on
estate duty where the amount of such interest is in his
opinion so small as not to repay the expense and labour of
calculation and account.

11.-(1) No probate or letters of administration shall be
issued by the court until the Commissioner shall have
certified in writing that the estate duty payable in respect
of the estate has been paid or that he has allowed payment
thereof to be postponed under sub-sections (2) or (3).
(2) When the affidavit for the Commissioner contains
the statement and undertaking specified in section 8 (3), the
Commissioner may allow payment of the whole or any part
of the estate duty to be postponed until after the issue of
probate or letters of administration upon condition that a
further and complete affidavit shall be filed and the proper
estate duty paid thereon as soon as the full value of the estate
has been ascertained and the Commissioner may require the
person applying for such probate or letters of administration
to enter into a bond with or without sureties in such an
amount as he shall think fit to secure the filing of such
affidavit as aforesaid and the payment of the proper estate
duty thereon within such time as shall be named in such
bond. Such bond may be in the prescribed form.
(3) Where the Commissioner is satisfied that the estate
duty leviable in respect of any property cannot without
excessive sacrifice be raised at once, he may allow payment
to be postponed for such period, to such extent and on
payment of such interest not exceeding eight per cent. per
annum or any higher interest yielded by the property, and
on such terms as the Commissioner may think fit.
* As amended by Law Rev. Ord., 1924,





(4) Where the Commissioner allows payment to be
postponed under sub-section (2), he may reduce or remit any
interest payable.

12. In every case where an affidavit for the Commissioner
or an account in respect of the estate of a deceased person
is for the first time lodged with the Commissioner after
the lapse of one year from the date of the death of such
person, or, in the case of probate or letters of administration
having been granted by a court of probate situate outside
the Colony in respect of the estate of a person dying outside
the Colony, where an affidavit for the Commissioner, or an
account, is for the first time lodged with the Commissioner
after the lapse of one year from the date of the grant of such
probate or letters of administration, estate duty shall be
charged at three times the customary rate, unless the person
lodging the affidavit or account can prove to the satisfaction
of the Commissioner that he was not within the said period
of one year aware of the existence within the Colony of any
property of whatsoever nature belonging to the estate of
thQ deceased person, and that he could not within such
period with due and reasonable diligence have ascertained
the existence of the same. -

13.-(1) Where it is proved to the satisfaction of the
Commissioner that too much estate duty has been paid, the
excess shall be repaid by him.
(2) If it shall be at any time discovered that for any
reason too little estate duty has been paid, the person
accountable for estate duty shall within one mouth of the
discovery deliver a further affidavit or further account and
shall pay the difference between the estate duty chargeable
according to the true value of the estate and the estate duty
already paid and shall at the same tinie pay to the
Commissioner interest upon the duty at the rate per annum
mentioned in section 8 (6) from the date of the death or
from such subsequent date as the Commissioner may in the
circumstances think proper. Such additional estate duty
shall be paid by stamps affixed to the original affidavit or
account. If any person who ought to deliver a further
affidavit or account as in this sub-section mentioned neglects
to do so within the prescribed period, he shall forfeit the
sum of one thousand dollars and shall also be liable to pay

As amended by Law Rev. Ord, 1924.





treble the amount of additional estate duty chargeable and
the same shall be a debt due from him to the Crown and be
recoverable in the same way as Crown rents may be recovered.

(3) In case there has been an appeal. under section 17
from a certificate of the Commissioner made under section
10 (8), no claim shall be made for the return of excess estate
duty or for the payment of additional estate duty except on
the ground that the particulars of the property passing on
the death of the deceased, or the general expenses, debts or
incumbrances for which allowance was made, were not
correctly stated in the affidavit or account.

(4) When an estate incluides an interest in expectancy,
estate ditty in respect of that interest shall be paid, at the
option of the person accountable for the estate duty, either
with the estate duty in respect of the rest of the estate or
when the interest falls into possession, and if the estate duly
is not paid with the estate duty in respect of the rest of the
estate, then-

(a) for the purpose of determining the rate of estate duty
in respect of the rest of the estate, the value of the interest
shall be its value at the date of the death of the deceased to
be ascertained and determined in respect of an interest
expectant on the determination of any life interest in any
property, annuity or annual sum for life, by reference to the
table contained in the Third Schedule; and

(b) the rate of estate duty in respect of the interest when
it falls into possession shall be calculated according to its
value when it falls into possession, together with the value
of the rest of the estate as previously ascertained.

(5) The valite of the benefit accruing or arising from the
cesser of an interest ceasing on the death of the deceased
shall be ascertained and determitied by reference to the table
contained in the Third Schedule.

14.-(1) A rateable part of the estate duty on an estate, in
proportion to the value of any property which does not pass
to the executor as such, shall be a first charge on the property
in respect of which estate duty is leviable; Provided that the
property shall not be so chargeable as against a bona fide
purchaser thereof for valuable consideration without notice.





(2) If the rateable part of the estate duty in respect of any
property is paid by the executor, it shall where occasion
requires be repaid to him by the trustees or owners of the
property.

(3) A person authorised or required to pay the estate duty
in respect of any property shall, for the purpose of paying
the estate duty or raising the amount of the estate duty when
already paid, have power, whether the property is or is not
vested in him, to raise the amount of such estate duty and
any interest and expenses properly paid or incurred by him
in respect thereof by the sale or mortgage or a terminable
charge on that property or any part thereof.

(4) A person having a limited interest in any property who
pays the estate duty in respect of that property shall be
entitled to the like charge as if the estate duty in respect of
that property had been raised by mcans of a mortgage to him.

(5) Any money arising from the sale of property comprised
in a settlement or held upon trust to lay, out upon the trusts
of a settlement may be expended in paying any estate duty
in respect of property comprised in the settlement and held
upon the same trusts.

15.-(1) In the case of property which does not pass to the
executor as such, an amount equal to the proper rateable
part of the estate duty may be recovered by the person, who
being authorised or required to pay the estate duty in respect
of any property has paid such duty, from the person entitled
to any sum charged on such property (whether as capital or
as an annuity or otherwise) under a disposition not contain-
ing any express provision to the contrary.

(2) Any dispute as to the proportion of estate duty to be
borne by any property or person may be determined upon
application by way of summons in the Supreme Court, and
where the amount claimed does not exceed one thousand
dollars such application shall be made to the Supreme Court
in its summary jurisdiction.

(3) Any party from whom a rateable part of estate duty
can be recovered under this section shall be bound by the
accounts and valuations as settled between the person entitled
to recover the same and the Commissioner.





16. The Governor in Council may remit the payment of
any estate duty or may order a refund by treasury warrant of
the whole or any portion of any estate duty which may have
been paid to the Commissioner, for the remission or refund
of which any equitable claim is proved to his satisfaction.

17.-(1) Any person aggrieved by the decision of the
Commissioner with respect to the amount of estate duty
payable on all affidavit or account or with respect to the
repayment of any excess duty or to any claim for additionaI
duty by the Commissioner, and whether he is aggrieved on
the ground of the value of any property or the rate charged
or otherwise, may, on payment of, or giving security for, as
hereinafter mentioned, the duty claimed by the Commissioner
or such portion of it as is then payable by him, appeal to the
Sutpreme Court within three months from the date of the
decision and the amount of the duty shall be determined by
the Supreme Court and if the duty is less than that paid to
the Commissioner the excess shall be repaid. Where the
value as alleged by the Commissioner of the property in
respect of which the dispute arises does not exceed $100,000,
the appeal under this section shall be to the Supreme Court
in its summary jurisdiction.
(2) No appeal shall be allowed from any order, direction,
determination or decision of the Supreme Court under any
appeal under this section except with the leave of the
Supreme Court or of the Full Court.

(3) The costs of the appeal shall be in the discretion of the
court, and the court, where it appears to the court just, may
order the Commissioner to pay on any excess of duty repaid
by him interest at such rate per cent. per annum and for
such period as appears to the court just.

(4) Provided that the Supreme Court if satisfied that it
would impose hardship to require the appellant as a condi-
tion of the appeal to pay the whole, or as the case may be,
any part of the duty claimed by the Commissioner or of
such portion of it as is then payable by him, may allow an
appeal to be brought on payment of no duty or of such
part only of the duty as to the court seems reasonable and
on security to the satisfaction of the court being given for
the duty or so much of the duty as is not so paid, but in
such case the court may order interest at such rate per
cent. per annum as appears to the court just to be paid on





the unpaid duty so far as it becomes payable under the
decision of the court.

18.-(1) A schedule of the property of a deceased person
in respect of which estate duty has been paid shall be
annexed to the probate or letters of administration granted
to his executor. Any person who shall, subsequent to the
date of a probate or of any letters of administration, in any
way deal with any property of the deceased not set out in
the said schedule upon which estate duty is payable shall
forfeit the sum of five hundred dollars, which sum shall be
a debt due to the Crown and be recoverable in the same
way as Crown rents may be recovered.

(2) Whenever a further affidavit is delivered under sec-
tion 13 (2), the probate or letters of administration in
respect of which such affidavit is delivered shall be lodged
with the Commissioner who shall insert in the schedule
particulars of the additional property set out in the said
affidavit.

19.-(1) If any person in any way administers any part
of all estate of a deceased person in respect of which estate
duty is chargeable or of the income of any part of such
estate without delivering an affidavit for the Commissioner
or an account (as the case may be) within six months after
the decease or within two mouths after the termination of
any action or proceeding respecting the will or the right to
letters of administration, if there is any such which is not
ended within four months after such decease, every such
person shall forfeit the sum of one thousand dollars and
shall also be liable to pay three times the amount of estate
duty chargeable upon the estate of the deceased.

(2) If any person, except for the purpose of the burial
of the deceased and for the due maintenance of his family,
takes possession of or in any way administers any part of the
estate of a deceased person without having first notified
the Commissioner of the death of the deceased and of
the extent of his estate so far as such person is aware of
the same, every such person shall forfeit the sum of one
thousand dollars.

* As amended by Law Rev. Ord., 1924.





(3) Each of the said sums of one thousand dollars referred
to in sub-sections (1) and (2) shall be deemed to be a debt
due to the Crown and shall be recoverable in the same way
as Crown rents may be recovered.

(4) Nothing in this section shall be deemed to interfere
with any special powers conferred by law upon any persnn
to act without obtaining probate or letters of administration.

20.-(1) Where a deceased person had, at the date of
his death, any interest, whether as partner, depositor, or
creditor in any shop, bank or other business undertaking
within the Colony, not being a company as defined by the
Companies Ordinance, 1911, or a company, association or
partnership formed under or in pursuance of some other
Ordinance, or Act, or of a charter of incorporation, or of
letters patent, the person having the management of such
shop, bank or other business undertaking shall, within one
month from the date on which he first received information
of the death of such deceased person, notify the Commis-
sioner of such death and of the extent of the interest of the
deceased in the said shop, bank or other business under-
taking, and in default of such notification as aforesaid the
suin of five hundred dollars shall be recoverable from the
owner, or owners of the said shop, bank or other business.

(2) The sald sum of five hundred dollars shall be deemed
to be a debt due to the Crown and shall be recoverable in
the same way as Crown rents may be recovered.

(3) Where the said shop, bank or other business is carried
on in a firm name, the said sum of five hundred dollars
shall also be deemed to be a debt due from the firm and
may be recovered in an action against the firm in the said
firm name.

(4) In any proceedings for the recovery of the penalty
prescribed by this section, the onus of proving that he has
not rendered himself liable to the penalty shall be upon the
person or firm from whoin it is sought to recover it.

21. At any time or times after the expiration of six
months from the date of the probate or letters of adminis-
tration, it shall be lawful for the Commissioner, by notice
in writing sent to an executor at his last-known address,

As amended by Law Rev. Ord., 1924.





to require him to lodge with the Commissioner an account
of his administration of the estate of the deceased, and the
executor shall, within two months from the date of the
service of such notice at such address, lodge the said
account with the Commissioner and shall verify the same
to his satisfaction within the further period of one month,
and in default the executor shall upon summary conviction
be personally liable to a fine not exceeding one thousand
dollars or to imprisonment for any term not exceeding six
months, unless he can prove to the satisfacdon of the
magistrate that his default was due to circumstances not
under his control.

22. The Commissioner, or, in any proceeding for the
recovery of any penalty to which any person is liable under
this Ordinance, the court, shall have power to reduce any
penalty to which any person is liable under this Ordinance.

23. Subject to the provisions of this ordinance, the
Governor in Council may make such rules, prescribe such
forms and generally do such things as he thinks expedient
for regulating the practice under this Ordinance.

[First Schedule, rep. Law Revision Ordinance, 1924.]

SECOND SCHEDULE. [s.4.]

Estate duty shall
Where the principal valiie of the estate be payable at the
rate per cent. of
$ $ $
Exceeds 500 and does not exceed 1,000 1
1,000 10,000 2
10,000 100,000 3
100,000 250,000 5
250,000 500,000 5.50
500,000 750,000 6
750,000 1,000,000 6.50
1,000,000 1,500,000 7
1,500,000 2,500,000 7.50
2,500,000 8





THIRD SCHEDULE. [s. 13 (4), (5).]

Tables of the values of annuities to be used for the calculation of
estate duty on an interest in a property, an annuity or annual sum of
money for life. The values of an annuity of $100 per annum held or a
single life.



No. 17 of 1915, incorporated in No. 6 of 1900.

No. 18 of 1915, repealed by No. 22 of 1915.
[Originally No. 16 of 1915. No.8 of 1921. No. 22 of 1921. Law Rev. Ord., 1924.] short title. Application. Interpretation. 57 & 58 Vict. C. 30, s.22 (1). Commissioner. Estate duty. Executor. [s.3 contd.] Incumbrances. Interest in expectancy. Property. Property passing on the death. Prescribed. Settlement. 57 & 58 Vict. C. 30, s. 22 (2) Estate duty. 57 & 58 Vict. C. 30, s. 1. Second schedule. What property is deemed to pass on death. 57 & 58 Vict. C. 30, s 2 (1). 63 Vict c. 7, s. 11; 10 Edw. 7, c.8.s. 59. [s,5 contd.] 44 & 45 Vict. C. 12, s. 38 (2); 52 & 53 Vict. C. 30, s. 2 91); 10 Edw. 7, c. 8, s. 59. [s. 5 contd.] 44 & 45 Vict. C.12, s. 38 (2) 52 & 53 Vict. C, 7, s. 11; 57 & 58 Vict c. 30, s. 2 (1). 44 & 45 Vict. C. 12, s. 38 (2); 52 & 53 Vict. C. 7, s.11; 57 & 58 Vict. C.30, s. 2 (1).Trust property. 57 & 58 Vict. C.30, s. 2 (3); 10 Edw. 7, c. 8, s. 59. Exception to passing of property on enlargement of interest of settler. 59 & 60 Vict, c. 28, s. 14. Reverter of property to disponer. 59 & 60 Vict. C. 28, s. 15. Exceptions for transactions for money consideration, property situate outside the Colony, shares on local registers and certain land in the New Territories. 57 & 58 Vict. C. 30, s. 3.Ordinance No. 58 of 1911, s. 35 (8) (b). Ordinance No. 34 of 1910. Aggregation of property to form one estate for purpose of estate duty. 57 & 58 Vict. C.30, s 6. Payment of estate duty. 57 & 58 Vict. c. 30, s. 4. Payment of estate duty. 57 7 58 Vict. c.30, s. 6. Collection and recovery. Provision for unknown values. [cf.. s. 11 (2).] collection from others than executor. Estate includes accrued income. Interest payable on estate duty. Date when duty shall become due. Allowance for debts and funeral expenses. 57 & 58 Vict. C. 30, s 7 (1). [s. 9 contd.] Limitation on debts deductible from value of estate. 10 Edw. 7, c. 8, s. 57. Debts due to persons resident out of the Colony. 57 & 58 Vict. C. 30, s, 7 (2). Value of property. 57 & 58 Vict. C. 30, s. 7 (5); 10 Edw. 7, c.8, s 60. Filing of accounts of property. 57 & 58 Vict. C. 30, s. 8 (3) beneficiaries and trustees accountable for estate duty. 57 & 58 Vict. C. 30, s. 8 (4), (18). Powers of Commissioner. [s. 10 contd.] 57 & 58 Vict. C. 30, s. 8 (5), (6) Penalties for not delivering account, etc. Persons entitled to deliver without representation not liable. Affidavits and accounts to be delivered to the Commissioner. Inspection of property. 57 & 58 vict.c.30, s. 7 (8). Costs of valuation. 57 & 58 Vict. C. 30, s. 7(9). Certificate. Probate not to be issued until estate duty paid. When value cannot be ascertained immediately. Deferred payment. 57 & 58 Vict. C. 30, s 8 (9). increase of estate duty when delay in lodging affidavit, etc. Repayment of excess. 57 & 58 Vict. C. 30, s 8 (12) Further affidavit of account. 57 & 58 Vict. C 30, s. 8 (7) Payment of additional duty. No claim for return of excess or for additional duty except when particulars incorrectly stated in affidavit. Interest in expectancy. 57 & 58 Vict. C. 30, s. 7 (6) Third Schedule. Value of interests ceasing on death Third Schedule. Charge of estate duty on property. 57 & 58 Vict. c. 30, s. 9. Reimbursement of executor. Raising estate duty by sale, mortgage or terminable charge. Payment by limited owner. Payment of duty out of capital money. Apportionment of estate duty. 57 & 58 Vict.c. 30, s.14. Disputes. Parties bound by accounts as settled. Remission and refunding of estate duty on certain grounds. Appeal to Supreme Court on payment of or giving security for duty claimed. 57 & 58 Vict. C. 30, s. 10. No appeal from decision of Supreme Court with out leave. Costs of appeals. Interest on excess repaid. Payment of duty before appeal may be dispensed with. Schedule of property to be annexed to probate. Penalty. Penalties for intermeddling. 55 Geo. 3, c. 184, s, 37; 57 &58 Vict. c. 30, s. 8 (1) , (4). Disclosure of interest of deceased person in shop, bank, etc. Ordinance No.58 of 1911. Executor's accounts. Power to reduce penalty. Power to Governor in Council to make rules and prescribe forms.