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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/68?output=rss2 Sun, 07 Jun 2026 18:52:55 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1885) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/511

Title

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1885) ORDINANCE

Description

0RDI N A NCE No. 24 of 1 886.

.Revenue.

No. 24 of 1886.

An Ordinance to authorize the Appropriation of a Supplemeniary- Sure
of One hundred and Twenty-three thousand Seven hundred and
\inetyT-eight Dollars and Eleven Celts to defray the Charges of the
Year 158. .
[1 st October, 188 6. ]

'WHEREAS it has become necessary to ms,he further provision for the public
service of the Colony for the year .188, in addition to the charge upon
the
revenue for the service of 'the said year already provided for: Be it
enacted by the
Governor of Hon'hong, with the advice of the Legislative Council thereof,
as follows:---

1. A sum of one liundred and twenty-three'thousarld seven hundred and
ninet.y-
eibht dollars and eleven cents is hereby charged upon the raven ue of
this Colony far the
service of the year 1885. the said sum so cliarbed hein-o, expended as
hereinafter specified;
that is to say :-

ESTABLISHMENTS:-

Governor , .............................................................
6 3 3.3:
Observatory, . . , : ., 811.34
Government Gardens and I'lahtations, 'l'7.11

Medical, r 2,42.87

°. ~4,028.94

SERVICES EXCLUSIVE OF ESTABLISI1IIE\'.L'S :-
Colonial Treasurer, . $ 1,280.8'7
.Postmaster General, 18,254.61
Government Gardens and Plantations, . 921.8
Medical, ., : , :: .... , , 559.11
Police, ....... ,. .: 1,326.36
Gaols, , ~t .... .................. ` 8'T3.53
Works and Bnildings, , . , : ~ 6,447.33
Roads, Streets and $ridaes, . _ , , .4,20?.3G
Miscellaneous Services, , ... 26,310.51
Military Expenditure, . , .:. , ,. . 3,992.00

-- 9~ 64._1 i4_.r,:3

Extraordinary Public Works, ............ 55,589.6.1

TOTAL , . . . . . . . . . . . .. . . .. . ... . . . . . . . . .. .. . . .
$123,'798.11

[repealed by Ordinance No. 4 ,off' 1887.

Identifier

https://oelawhk.lib.hku.hk/items/show/511

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 24 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:14 +0800
<![CDATA[GERMAN MAIL STEAMERS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/510

Title

GERMAN MAIL STEAMERS ORDINANCE

Description

German Mail Steamers.

No. 23 of 1886.

An Ordinanee entitled An Ordinance to make temporary Provision for
securing the status of German Mail Steamers within the Ports of the
Colony of Hongkong.

[28th August, 1886.]

E it enacted by the Governor of Hongkong, with the advice of the
Legislative
Counclthereof, as follows:-

,,

1: `The .steam packets of the North German Lloyds subsidised by the
Imperial
German Government to carry avails to and from this Colony, shall, when in
the ports
of this Colony, be considered and .treated as vessels of war, and shall
he entitled to all

P

the rights, privileges, and immunities of vessels of war, and shall not
for any cause be
directed from their special duties, or be.liable to seizure or detention
by order of any
Court or Judge.

2., Nothing contained:inthis Ordinance, and-no rights or privileges
hereby granted,
shall affect the xights.of Her Majesty the Queen, Her heirs or Successors.

=:3. -`This>Ordinairce shall continue in force, until the. first day cf
September, A.D.
1887, inclusive.
NOTE .,--'C'oniinued in force by annual legislatid`'n down, to tire 30th
April, 1s90.
2038

Status of North German Lloyds steamers.
Saving rights of Crown.
Expiry of Ordinance.

Abstract

2038

Status of North German Lloyds steamers.
Saving rights of Crown.
Expiry of Ordinance.

Identifier

https://oelawhk.lib.hku.hk/items/show/510

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 23 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:14 +0800
<![CDATA[FRENCH MAIL STEAMERS ORDINANCE CONTINUATION ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/509

Title

FRENCH MAIL STEAMERS ORDINANCE CONTINUATION ORDINANCE, 1886

Description

French Mail Steamers.

No. 22 of 1886.

An Ordinance entitled The French Mail Steamers Ordinance continuation
Ordinance, 1886.

[E it enacted by the -Governor of Hongkong, with the advice of the
Legislative
Council thereof, as follows:-
1. 1. Ordinance 6 of 18$0, entitled An Ordinance to make temporary
provision far

:ecunng the $tatua of French Mail Steamers within the ports of the Colony
of HongTcong,
shall continue in force until the 1st of September, 1887, inclusive.
2038

Abstract

2038

Identifier

https://oelawhk.lib.hku.hk/items/show/509

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 22 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:14 +0800
<![CDATA[SPIRIT LICENCES ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/508

Title

SPIRIT LICENCES ORDINANCE, 1886

Description

ORDINANCE No. 21 OF 1886.

Spirit Licences.

No. 21 of 1886.
Ail Ordinance entitled The Spirit, Licences Ordinance, 1886.
[11th June, 1886.)
E it enacted by the Governor of Hon
-13 1 1 gkong
Legislative with the advice of the
va ~ uncil thereof, as follows: -----
i Lo,

1. This Ordinance may be cited as Tlie Spirit Licences Ordinance, Mae.,
886. -

2. In this Ordinance, unless the context indicates the contrary':----

2021'

shall mean the licence granted under this Ordi-
nance to hotel-beepers, restaurateurs, or confectioners, for
the retail sale of intoxicating liquors as an adjunct to their
respective businesses without keeping a public bar.

Adulterated liquor shall mean any liquor mimed or coloured to
.the prejudice of the purchaser with any ingredient vchat-
ever, or with water, either so as to increase its bulb and
,measure, or so us injuriously to affect the quality of such
liquor, or to conceal its inferior quality, or any liquor which
is nut virtually of the nature and ~tluality, demanded by the
purchaser, or of the liquor which it is labelled as being or
purporting to be, whether such adulterated liquor be inju-
rious to health or not. Spirits shall not be considered
adulterated if mixed with water only so as not to reduce
the strength more than twenty-five degrees below proof in
the case of brandy, whisky or rum; or more than thirty'
degrees below proof in the.case of gin.

Chinese spirits shall mean the intoxicating liquors commonly
known as samsluu.

Gallon shall mean an imperial gallon, or, if the liquor be in
° '' bottles, site reputed quart bottles, or twelve reputed pint
bottles.

Grocer's licence shall mean a licence to sell intoxicating liquors
by the bottle, such -liquors not to. be- consumed on the
premises. .

Intoxicating liquor yshall include spirits, malt liquor, and and
wine or other fermented liquor whatever.

Lai-.erpreta._
tinn of i.ernis.
UI-1I)I1TAlr'CE 1\'0. 21 OF 1886.

Spirit Licences.

Pint bottle and quart bottle shall mean the reputed pint and quart
bottles ordinarily used in commerce.
V
Public house shall mean any house. or place of entertainment
where intoxicating liquors are sold by retail and may be
consumed can the premises, bit shall not include any place
of enters ainment kept under an adjunct licence.
Retail sale shall meanR the sale of liquors in less quantities than
two gallons as above defined.
,~_,piu°it s7ao),) shall mean any shop licensed to retail Chinese °shir
its
root to be consumed on the premises.
TT'Izolesccle licence shall mean a licence to sell intoxicating liquors
by the unopened°cask or mise, in ,quantities not less than
two gallons of one liquor at one tiwoe, such liquors not -to
be constanied on Ahe premises.

Distilleries,

~rr~e~ca ~ R3~ No person shall make, distil, or rectify any spirits, or
shall hnow-
dist;ilTing pro- ,
rxibitea. xngyly keel) or have in laic possession any still or other
utensil, or appa-
8 0f 44, And,.~ 6f s9':I ratns for distilling or making or rectifying
spirits, n'IthOllt a licence under

.

this=~rd~nance. -

Apothwabeg , ` v It shall be Iawfal, far the Colonial C Secretar y to
issue a licence free of

'66 ists

all -~char~e ` to clay apothecary, chemist, or drugngist applying for the

stills ©f eight ' sany, to'

m4y, have

peep and use an his premises, a, still of not more than elg
lit
gallons C°D.- gallons contents for the purpose of his trade only, provided
that every
'[Ord. 8 'of -1~:~ ~~,o~ person wishing to keep, such still shall notify
his intention ~o to CIO to the
`:said Colonial Secretary, who shall thereupon require sucho person to
give
a. bond with two sufficient sureties in the sung of one thousand dollars,
that he ;will not make use of such ,till, or°.:affer it to be made use of
except for the preparation of lnediciiaes or other articles required
bonafido
for medical purposes, and ° every such person found to have such still

.without having entered into such bond and obtained suchlicence, shall
be deemed to be guilty of an offence under this Ordinance.
Li 6nces to g, The Colonial Secretary may issue, licences to distil in the
form
atistil. ` _
Cs of c;9.I of `schedule A, on evclE of which licences an annual fee of
one hundred

`' ` end twenty doll arRs `hall be payable in advance. Such conditions as
the

Governor in Council naay from time to tine determine may be added to
sttoh ll6Ohecs' : Every licensed cli;tiller raay sell by wholesale-the
liquors
he.d-stils ... ,
ORDINANCE No: 21 -~oF 1886.

~`Z
pirit Licences.

Any person who shall distil, make, import, sell, dispose of, or
deal in any adulterated intoxicating liquor shall be wuiaty of an offence
-against this Ordinance, and if such adulterated liquor be injurious to
health he may, on a second conviction, be sentenced t0`1111pr1S011ll1e11t
with
or without 11<`ll'd IabOltr fur a period not exceeding six inoriths
besides
any other penalties to which he may 17e liable under dais Ordinance.

o person shall be convicted undo this section if he shows t0 the
satisfaction of the :~1raaistrate before, whom he is clla,rwed that foe
did not
know that the liquor sold by liixn was adulterated, and that lie could nod
have known it with any reasonable diliyence.

Sale c f into~2°icatiny liquors.

Aaultenat.ea
[3s & 3s vrc.

6. \ v person sll,ll sell or dispose of, or ndv

ertisc car expose 101 sole Unlicensed

sale prohibit-
ud.
(11 of 44. 1.~

~,:ny intoxicating liquor cider by wholesale or retail within the Colony,
or shall permit of suffer -my such irctoxicatiu., liquor to he sole or
dis-
posed of or advertised or exposed fur sale in leis pause or other hlac.c..
within the ColOlxy Avitl.lout a licence: under this Ordinnpcc:. . The
delivery

of :any intoxicating liquors shall be taken, i11 any procecdin(, under
this

-Ordinance, to be prirW facie evidence that mono- or other consideration
was given for the sana.~

7. The holder of v retail 4or grocer's licence may also sell intoxica,-
tin0 111 liquors wholesale, but no person shall sell intoxicating liquors
by
retail cvitllout a licence to that effect, and this section shall aisply
to all
retail sales of liquor to any persoil on pretence that he° is a customer
for
other goods, as well as to all sales of quantities exceeding two gallons
with all understnuding that hart is to be returned; and generally, to any
ace whatever which, udder wha,t+oever pretence,* constitutes a retail sale
.of intoxicat,ilaIn nliquor.

$, The Colonial Secretary may at a ny tune issue temporary licences
for the sale ofliquors at any public entertainment or on any public
occasion
-on payment of such fee in each case as to the Governor shall seem fit.

Public house, and adjunct licences.

.9, j very person desirous of obtaimi'ng a publican's or ad juiZCt licence

.Shall give t(:11 CIaV'S' notice t0 the TAZ~'L(Y1Stra,te5 in the form of
Sch2d Ule, 13 Or
-C accor c.in~ to the nature of tho.licence required.

yv l,laleuale
and retail
sale.
[See. x'1 .of 44.
z4.l

Temporary
licences.

A 17plicaaiAn
for licence:
(11 oC ~~; 3.
Di ~agreemend
'Of Justices.

Ell of 44. 4.1

k'i;xiod of
licence.
lU of 68.

'

ORDINANCE No.. 21 ;oF 1886.

Spirit Licences.

.
10. The AIZ(yistrates, or either of them, - may from time to time
appoint a day for the granting or transferring of licences, which shall be
advertised in the Government (gazette and a public newspaper at least
one week previously, and the said Magistrates, or either of them, with
the assistance of such other Justices of the Peace as may attend on the
said day, shall take into consideration- all applications which may have.
'been Lnade for licences for the sale of liquors within the Colony, and
the presiding Magistrate may adjourn the consideration of all -or any of
such applications to any other lawfulA day.
11. Every application for.the grant or transfer of a licence shall be
decided by a majority 'of votes of the Justices present, in the case of
equality the presiding 1llagistate shall; in addition to . one original
vote,
have a casting vote. Provided however that is case of any applicant
being dissatisfied with the order of the Justices or the majority
thereof, it
will be lawful for the Governor in Council to alter and amend the order,,,
on the petition of the dissatisfied party.

Appzicanth~ 12: Every applicant for a licence, who may be approved by the
reaognia-
an~, -t ~Tusticcs assembled as above, shall enter into a recognizance in
the form
LIS
Ell of 44. ~.a o1' schedule Z? or E accordin; to tile nature of the
licence he requires,
'whereupon the Magistrate shall deliver to hitn a certificate in the form
of'
schedule f1' or G according to the nature of his application ; and the
A gistrate'sliall, within ten days, transm4 to the Treasurer a return f'
a~ o
a l such certificates as may have,been granted is the form of schedule
to this C)rclinance.
gee. r.~Ge~,~. 13. The applicant znay, .within fourteen days from the date
of such.
of 44. 7.11
certificate, lodge it in the Treasury together with the fee provided .by
scl:ledule P to this Ordinance, whereupon the Treasurer shall issue to him
a licence in the form of schedule I or J according to the nature of the
licence for which the certificate is granted, such licence to be called a
public house licence in the one case, or an adjunct licence i-n'the other.

14. Every public house or adjunct licence shall be valid only until
the 30th of November newt following the date on which it is granted i
Always provided that where this period is less than a year a proportionate
part only of the aforesaid-fee shall be charted, to which (except in the
case of the transfer of a licence) ten per cent shall be added. '
15. The 1Vlagistria,tes shall keep _a. record of all recognizances entered
into under -section 12, and the '1,'reasarer shall keep a record of all
licence-
issued under section 13 of this Ordinance.
ORDINANCE No. 21 of 1886.

Spiiit Licences.

16. The Presiding Magistrate arid Justices at their meetings berein-
lOefore provided for may transfer, iii the farm of schedule h; an3r public
house licence or adjunct licence to the nominee of the original holder of
such licence, such nominee making like application, receiving a, like
certificate, and entering into like recognizances as if applying for a
licence
-on his own behalf.

17. In case of the death or insolvency of any person bolding- a public
house licence or adjunct licence under this ordinance, the executor, or
.administrator, or trustees of such licensee nlay carry on the business of
such licensed house untik the expiration of the licence, subject to all
tim
same re~crulations as the original licensee. And such executor, adu-duis-
trator, or trustees shall enter into new recognizances under this
Ordinance.

18. The Justices nay permit the business licensed under a public llcmoval
of
business.

.i 1. of. 1.1

house or adjunct licence to be removed to other premises if they shall be
stftistied that tile application to remove such-business (which shall be
by
written memorial) may reasonably lie granted. The licensee shall enter
siUto new recog,nisances, gad shall receive v new certificate entitlinhim
to a, new licence for the remainder of his term 0x1 1>aymel.~t of a. fee
of five
.dollars.

19. Every 1 icen5ed publican or adjunct licensee shall have, his full
13:1111e painted in legible letters at least three inches lop, «rith the
words
licensed to retail wines r<nd spirits, .constantly and permanently
remaininr

.and plainly to be seen and read, on solve conspicuous part of his house,
and no person not actually holding a public house licence or adjunct
licence (except the keeper of a spirit shop as hereinafter provided) shall
.

keep up any sign, writina, painting; or other mark, .which may imply or°
_bive reasonable cause to believe that his premises sire licensed fog
retail or
barter of intoxicating liquors, or that such liquors are sold, served, or

retailed therein.

20. The business of every licensed publican or ~.djunctlicen5ee shall
:Ire carried on subj;;ct to the following regulations:-- .

(1. ) PTO liquor shall be sold or drunk on the premises,licensed
. except between such hours as the Magistrate shall enter
on the cer; iflcate to be granted under clause 12.

(2. j Ko disorder shallbe permitted on the hrernises.

2026

Transfer of
licences:
['ll of 44. 9.1

Death or
insolvency of
lien see.

Sip. Prodne-
,lion. o£
lioen:ce. -
(l.l of 44mj

Iteaulations
[Sec. 11 of 44.
13 and

scvedule.]
UIIDI\A1'C/E No: 21 of :1$86.

,Spirit Licences,

(3.) No person shall be allowed to become drunk on the pre-
ixiises, nor shall liquor be supplied to any person who is
drunk.
(4.j No game of chance shall be, played on the premises.
(5. ) A accent and suitable privy and urinal shall be maintained
in a state of cleunlinoss and -noon repair for the use of.
customers.
(G. ) The licensee shall not Wa.mlon tlae occupation of his house,
. or permit any other person to become, virtually the keeper
tlrercof.
r . j The licensee shall not employ Iny person to sell or dispose
of any liquors outside of his licensed premises, nor shall
he allow or stiffer -any liquors to be so disposed of on,
his- account.

?,1. When any licensv:l publican or adjunct licensee shall he charged
with any offence anger this fJrdinanca and shall not appear to answer t°o
such chap°a,c, it shall l.>v lawful fur any lla,~istrate to order that
the re-'
cc~01nizance of such licensed publican or adjunct, Iicensee be forfeited.
until
~.is ~ appearance, ,and in case any licensed hc.blican or adjunct
licensee be
. twrice convicted of any off'z.nce under this Ordinance, it shall be
lawful
'~`c~r ate to order, on the second conviction, that
and- fine imposed
ou such offender, not elceedino, the amount of lxis recoTnisances, be paid
~.4y his sureties.

~',c,'' 2, No licensed publican shall maintain any action for, or recover
,any debt or demand on account of liquors, unless such debt shall bony'
fide,
Rave been contracted at one time t© the %mount of five. dollars or up-

nor shall any item in' any iccount for liquors be allowed wherc,~
the liquors boO

fide delivered at one time shall not amount to the, full
burn of five dollars, nor shall any amount of debt whatsoever incurred by
any seaman or soldier in Her Majesty's service for liquors be allowed

Provided alcvuys that nothin(r herein contained shall extend to prevent
innkeepers from keeping an account with lodgers and, travellers; in which
any charge for liquors may be included, and recovering the a.mouilt
i a Court of Justice.

thereof n

Taking ' 23. No licensed person shall take cir receive in payment or pledge

pledges.

t.mpf 44.1s:] for:liquor or any entertainment wliatover supplied in or
out of his house

any article. or think whatever except ma°ney .
OIi.DINAN CE No. 21- of 1886.

Spirit Licences.

24. Every licensed publican or adjunct licensee shall sell and dis-
laose of his liquors by the measures le~aliscd in this Colony and not
otherwise, except when the quantity- is less than half a pint, or except
w=hen the liquor is sold in bottles, and shall also measure such liquor in

the presence of any customer who may require him to do so. a

2'~J' . If any person be convicted of unlawfully retailing tiny intoxi-

cating liquor, the house and premise s of such person, and the house,
lodging, shop, or warehouse where such offence shall have been com-
mitted, and any court or yard connected therewith, shall be liable to be
searched at any tine of the day or night, by any Police officer, with or
without warrant, for sip. months next after such conviction, .provided
that the same or any part thereof shall be occupied by the person so
convicted.

26. Whenever any Police officer shrill find any person drinking in
tiny place in which any intoxicating liquor shall be sold or disposed of
by
retail, and the licence for such sale shall not on demand be produced t®
such Police officer, it shall .be lawful for such Police officer to
apprehend
all such persons so found drinking there; and every such person so .found
drinking shall, upon conviction before any Magistrate, forfeit'and pair
:for
,every such offence a sum not exceeding tiventy dollars, unless such
person shall inform against svlch unlicensed person or yolunrarily
becorn'e
a witness abairrst high, in respect of such act of selling and retail.in;.

27. No master or other person employing journeymen, workmen; Payment of
workmen. -
servants, or labourers, shall pay or cause any pa~ment to be grade to
any, ail of 44.37 .]
such journeyman, workman, or.labourer in or at any house in which any

intoxicating liquor is sold by retail.

Measures.
[11 of 44.19.]

Suspected

Fremises: 7 of 44. 3

I7riulin;; in
u nliccnseel
place.
[11 of 44. 36.1

I1Tlaohsale and Croce,%s' licences. Spirit shops.

28. Every person desirous of obtaining a wholesale or a grocer's Wholesale

licence to sell intozica,tinc'r liquors shall apply to the Colonial
Secretary,
mho may in his discretion grant to the applicant a licence in the forth ~
of
schedule L or tlI according to the natura of his application, on
production
.of a receipt from the Treasurer for a fee of one hundred and twenty
dollars. Such licence may be renewed annually on like conditions.

29: It -shall be lawful for the Governor in Council from, time, to
titre to -make,,alter, amend and, repeal regulations and conditions for
the
granting of wholesale and grocer's licences., Such. conditions.may require

and grocers'
licences.
How obtain-
ed.

Power to -

make rules.
ORDINANCE No. 21 of ?886.

,'~pirit Licences.

the providing by applicants of one or more sureties, may alter the above
scale of fees, may rebulate tl ib times of commencement and expiry of'
such
licences, the hours and conditions of sale, and all other matters
connected
with such licences. . All such regulations when published in the Govern-
ment Gazette stall have the force of lair.

Gbinese 30. The Colonial Secretary may grant a licence in the form of
spirit shops, `
i1x of 44. schedule N to any person to retail Chinese spirits, such
Chinese spirits

27ao.]

not to be consumed on the premises where they are,sold, and the .holder
of such licence shall exhibit conspicuously and permanently in front of
his licensed place of business his name and number and the nature; of
such licence, on a sign, tile size and design of which shall be approved
by
the Colonial Secretary, and the fee of ten dollars. monthly shall be paid
in advance by each licensee to the Treasurer. The Colonial Secretary
may permit the transfer of any such licence in form of schedule U.

Lating houses.

Eatiug
hOuSe8.

31: No person, uriluss licensed to retail intoxicating liquors or
Chinese spirits under this Ordinance, shall keep an eating house, coffee
house, re£res~hment bar or saloon, restaurant, or other place wlaere~meals
or refresbments are supplied to persons not resident on the premises,
without a licence from, the Colonial Secretary, for wbich licence a fee of
ten dollars a year shall be payable in advance. Such conditions as the
Governor in Council may determine nay be added to any licence granted
under this section.

'Disorder in 32. N o person licensed under the preceding section shall
knowingly
eating borzses.

t2~ 3 Vic. 0.~ or wilfully permit drunkenness or other disorderly conduct
in his house

4:7744.]

or other place of entertainment, or knowingly suffer any unlawful games
,or gamina therein, or knowingly~permit or suffer any public prostitute
to frequent such house or other place or to remain therein.

Police inspection. ``earth.

33. When information upon oath -shall be laid before any Magistrjzte
to the effect that any illicit distillation or rectification or illegal
sale of
intoxicating liquors is carried on within any building or on board of any
vessel in the Colony, it shall be lawful for such Magistrate by a warrant
under: his hand to empower any officer of Police to enter such building
or vessel at any hour of the night or day' using force for that purpose
if.
Olk'DINANCE No. 21 or 1886.

Spirit Licences.

necessary, and to make search for any stills, parts of stills, or
intosLCUtin~

liquors which may be foundF there, and to arrest any persons who may
appear to have committed or to 'be attempting to commit any offence;
<~ainst this Ordinance. .

Every person licensed under this Ordinance shall produce his licence
to any Police officer on being required thereto. '

:any officer of Police shall have free access to every part of any house
licensed under section 13 or 31 of this Ordinance at any hour of the night
or day.

Penalties and tlaeir recovery.

34. For every offence against this Ordinance not otherwise provided
Fvn.es and
for, there shall be payable for a first offence a fine not exceeding
three f~rfeiture~.
lmndred dollars, and fur a second offence a find not exceeding sip.
hundred
dollars. And all intoxicating liquors; stills, or parts thereofwith
respect
to which any offence awinst this Ordinance may have been committed,
as well as the vessels or packages which contain them, may be f,)rfeited,
X
as also any boat or vessel of less than fifteen tuns burden in which such
intoxicating liquors or stills or parts of stills may be found.

36. Offences against this Ordinance shall be considered to be

(1. ) Refusal, neglect, or omission to do any act commanded by
this Ordinance. m

(2. ) Refusal to permit, or obstruction of any such act.

( 3. ) The doing of any pct forbidden by _ this Ordinance. '

(4.) On the part of a licensed publican, adjunct licensee, or
keeper of a spirit shop, any breach of the terms of his
licence or recorfAisance.

36. On the conviction of any licensed person for a second offence
against this Ordinance the Magistrate may order his licence to be
forfeited,
in addition to any other penalties hereinbefore provided.

37;p All penalties for offences against this Ordinance may be recovered
Recovery
W a summary way before a Magistrate, but proceedings for the recovery of
penalties_
of such ,penalties shall be commenced within site months after the offence
was committed.

38. One-half or' a less .portion of any fine levied under this gwArds to,
-
informers. .
Ordinance may be paid to the informer. [1I of 44, $2,J ,

defined.

Forfeiture of
licence.
[ See. 11 0f
44. $0.3
POW&'~to
make awleg.

ORDINANCE NLo. 21 oF 1886.

Spirit Licences.

Power to make rules.

3$. The Governor in Council may from tine to time make, alter,
and repeal rules consistent with this Ordinance for tie better carrying
out of the same. All such rules shall be published in the Gazette, and
when so published shall have the force of law.

Repeals., 40. '.The following Ordinances or portions thereof are repealed:-

.8 of 1844 , The whole. .
11 of l $44,, ...... All, except sections ,38 and 39.
9 of 7 867; So much of sections 1 1 and 12
as applies to the sale of
. intoxicating liquors, and
section 16.
10 of 1.8G8, : 'fhe whole.
3 of 1.869, , '.fbe whole.

Bat such repeal shall not affect anything lmofully done or commenced to
be done under the said Ordinances, nor revive any Ordinance repealed
°hvthem. A11 public house or adjunct lircances and licences for
distilleries
'`~ ed under the said Qrdinances, as well as all recognisances entered
into thereunder sljall continue in force for their full term as if they
were
(),ranted or executed undet the present Ordinance.

41. This OrdiWnce shall take elfcct on a day to be hereafter
proclaimed by the Governor. ,

SCHEDU-LES.

THE SPIRIT LICENCES ORDINANCE, 1886.

.Distillery licence, (Sec. 4.)

In consideiation of the fee of dollars paid by
, I hereby license him to cave stills of gallons

~caloacity at and to distil spirits therewith aid to sell such spirits, by
wholesale from this date until 18

Hongkong, 188 . - .

Colo?2ial Secretary.
ORIDINANGE No. 21 of 1886.

Spirit Licences.

T uE SPIRIT LICETsCEs ORDINANCE, 18817.

Applicationjor publican's licence-, (See. 9.)

Name of applicant
Nationality
Licensed house to be at No.
Its name or sign to be
Sureties

address
Has held a licence

of

To the Ma- istrates.
I give notice that I inteud to apply at the next licensing meeting to Her
1VIajesty'.s
Justices of the Peace, for a licence to sell and retail intoxicating
liquors, in the house
,and appurtenances thereunto belonging above named, which I intend to
keen as an
inn or public-house.

Street.

f ears.

Hongkong,

We, tho underiinned householders residing at Victoria in the said Colony,
certify
that the above-named applicant is a person of good fame and reputation,
and fit and
proper to be licensed to keep an in,n or public-house.

188

THE SPIRIT LICENCES ORDINANCE, I$H6.

Application for adjunct licence, (Sec. 9.)

Name of applicant
Nationality
licensed house to be at No.
Other business carried on

Sureties

and

To the' Magistrates.

address

Ras held a licence

of

Street.

years.

h give notice that it is my intention to' apply at the next licensing
meeting for a
licence to sell and retail intoxicating liquors, in any quantity under
two gallons at one
time, in the house and appurtenances thereunto belonging above named, as
an adjunct
to the business which I am carrying on in the said house and premises.

Hongkong,

188
ORDINANCE No. 21 of 158-6,

Spirit Licences.

We, the undersigned householders, certify, that the above named applicant
is a
vi-son of good fame and reputation, acid fit and proper to be licensed
far the sale of
1.1ltaXiCat111g liquors as aforesaid.

TFiE SPIRIT LICENCES ORDINANCE, 1886.

- Publican's recognisance, (Sec. 12:)

Cor,QNV ob` I

-

I-TON'GICONG ~ Be it ralnaniberea, that on the day of 188
TO WIT.

called the licensee and

hereinafter

and
hereinafter
called the sureties came personally before me, a, Magistrate in the
Colony of Hongkong

,

and acknowledged themselves to owe to our Lady the Queen, to wit,-the
said licensee
the sum of three hundred dollars, and the said sureties each the sum of
three hundred
dollars of lawful current-dollars of Hongkong, to be respectively levied
of their several
goods and chattels, lands and tenements, to the use of our said Lady the
Queen, Her
Heirs, and Successors, in case default shall be made in the performance
of the conditions
hereunder written:

The conditions of this recognisance are such, that whereas the said
licensee is to
lie licensed to keep a public house, and to sell intoxicating liquors, at
the sign of the-

situate'at ; If the said licensee do observe all the.
conditions of The Spirit licences Ordinance, 1886, then this recognisance
to be void,
'otherwise to remain in full force.

Taken and acknowledged the day aria year above written, before me.

~'1'agistrate-

G;OLONY O.F'
HON!aKONG Be it remembered, that on the

WIT.

called the licensee and

CE. )
THE SPIRIT LICENCES ORDINANCE, 1886.

Adjunct licensee's recognisance, (Sec. 12.) `

day of 1$8

hereinafter
OPDIN.~-1.NCEi \ o. 21 of 1886.

,~'pirit Licences.

and

hereinafter

.called the sureties Gauze personally before me ~a Magistrate in the
Colony of Hongkong,
and acknowledged themselves to owe to our Lady the Queen, to wit,-the
said licensee
the sum of three hundred dollars, and the said sureties each the sum of
threw hundred
of lawful current dollars of Hongkong, to be respectively levied of their
several goods
and chattels, -lands and tenements, to the use of our said Lady the
Queen, Her Heirs,
and Successors in case default shall be made in the performance of the
conditions
hereunder written:-

The conditions of this recognisance are such, that whereas the said
licensee is to

be licensed to sell intoxicating liquors, in any quantity order two
gallons, in the house,
No. as an adjunct to the business of

.carried on by him in the said house and appurtenances tbereunto belonging

If the said licensee .do observe all the conditions of The Sp~r'it

Licences Ordinance, 1886,--then this recognisance to be void, otherwise
to remain in
full force.
Taken and acknowledged the day and rear above written, before we

THE SPIRIT LICENCES ORDINANCE, 1,886.

Publican's certz ficate, (Sec. 12.)

Authority to the Treasurer to issue a spirit licence to

Premises No.,

.Ma. yigtra te.

Street.

Sign of house . Licerce to expire 18

I authorise the Treasurer to issue a licence to the person named above to
keep au
inn or public-house as above set forth, I am satisfied the said person is
a person of
good fame and reputation, and is fit and proper to beep an inn or
public-house; and I
have taken from the said person and his sureties a recognisance in the
smn of three
hundred dollars each, according to the form prescribed by the said
Ordinance.

Hongkong,

Hours for sale-^---to ---THE

SPIRIT LICENCES ORDINANCE, 18$6.

Adjunet'licenses's certificate, (Sec. 12.)

Authority to the Treasurer to issue an adjunct licence to

Premises No.

Business carried on

Street.

Licence to expire is

203

.M'agistrate.
ORDINANCE loo. 21 or, 1886.

Spirit Licences.

I authorise tire Treasurer to issue an adjunct licence to the above named
person
to retail liquors in any quantity under two gallons an the premises named
above as an
adjunct to the business carried an by hiin in tire said house. I am
satisfied the said
person is a person of good fame and reputation, and is fit and proper to
conduct such
house as aforesaid; and I have taken from the said person and his
sureties the requisite

'~='~ ~ recoDnisances in the sum of three hundred dollars each, according
to the form prescribed.
. '1 trls=ii _
by -the said Ordinawe. -
~~ ,~.-,.:. _
Hongkong, '~ 1$8
i! N
~~ jr,:-Yj Magistrate.
3~ ; , ,
Hours for sale---___._to,___ _ e
,a
THE SPIRIT 17ICi1NCJES ORDINANCE, 1~.
y F,,4F;, i Return Of licensees, (See. 12.)
_ ; ;, ; , e Treasurer.
~'z ! . Public house or adjunct licences may h© granted to tire
underrneationed poisons.
It Sign of * Road or Wlrotlrer before Addresser Nature
~j
f ~ ~ Licensee. . ~ a. street. licensed or Sureties, of of
'! houses
S''~' not. sureties. licence.
~ . '.~..~...~.~rr~rr
I III y ~
t. Y
dd ~~14
I
Magistrate.
' ''' a~ _ a
Hongkong, 18
i j ~
(~
t i i~
~' THE SPI&IT LICENCES ORDINANbE, 1886.
Public .H'ause liceiace, (Sec. 13.) °
Licensee
- Sign~of house. '
No. Street.
Period of Licence, from to both days inclusive.
- Fee, ~'
,, t=sR7 -. - I license the above named person to keel a public house, and
to sell and retail ire.
z ~ `;;~ the house in which he now dells and in the appurtenances thereunto
belonging, but
s F i~ trot elsewhere, all intoxicating liquors during. the period above
written.
No. T?'eCTsZGre'I'r-
' I ? . Hongkong, is , .
-
-
-
.
Or DI XANCE No. 21 or 1$86.

,Spirit Licences.

(J.)
THE SPIRIT LICENCES ORDINANCE, 1886.
Adjunct Licence, ' (Sec. 13.)

Licensee
Business
Address, No. Street.
Period of Licence; from to both days inclusive.
Fee,
I license the person named above to sell and retail intoxicating liquors
in quantities
not exceeding two gallons iii the house in which he now dwells and in the
appurtenances
thereunto belonging, but not elsewhere ; as an adjunct to the business he
carries on
there and without keeping a public bar during ithe period above written.

Treasurer.

No.
Hongkong,

THE SPIRIT LICENCES ORDINANCE, 1886.

Transfer of Public House or Adjunct Licence, (Sec. 16.)

New Licensee
Sign of house
or Business carried on
No. ,
Period of new Licence, from
Former License

I license the person named above to sell and retail intoxicating liquors
in the house
named above and in the appurtenances thereunto belonging, but not
elsewhere, during
the period above written..

Street.

to both days inclusive.

No.
HOrigkong,

THH SPIRIT LICENCES ORDINANCE, 1886.

Wholesale Licence, (Sees. 28 & 29.)

Treasurer.

is licensed to sell intoxicating liquors by the un-
opened cask or case, in quantities not less than two gallons of one
liquor at one time
on the premises known as
Such intoxicating liquors are not to be consumed on the premises.

Hongkong, 18

Colonial Secretary.
ORDINANCE No. ~I of I8$6.

Spirit Licence.

THL SPIRIT LICENCES ORDINANCE, 1$86.

Grocer's .Licence, (Sees. 28 & 29.)

is-' licensed to sell intoxicating liquors (Chinese
spirits excepted) by the bottle on the premises known as
Such intoxicating liquors are not to be cunsumed~on the premises. Liquors
may also
ho sold wholesale under this licence.

Colonial Secretary.

Hongkong, 18

Hongkong, 18

THE SPIRIT LICENCES ORDINANCE, 1886.

bYpirit Shop .Licence, (Sec. 34.)

No.
is licensed to sell spirits not to be consumed on his premises at No.
the sign or shop name of which is

THE SPIRIT LICENCES ORDINA.NCE, I$$6.

Transfer of spirit licence, (Sec. 30.)

The spirit licence No. granted to is transferred to
who is hereby licensed to sell spirituous liquors, not to be consumed on
the

premises, at No: the sign or shop name of which is,
until 18
Conditions.

Colonial Secretary..

Colonial Secretary.
ORDINANCE No. 21 of 1886.

Spirit Licences.

<1')
SCHEDULE of FEES.

L-Public house and adjunct licences, (Sec. 13. )

When the annual valuation of the premises occupied. is
under $1,000, a licence fee of $300 a year.
under $4,200,
over $4,200,

II.-Other fees chargeable under this Ordinance.

Distillery licence, (Sec. 4), $120 a year.
Temporary spirit licence, (Sec. 8), Discretionary.
Licence for removed business, (Sec. 18), $
Grocer's licence, (Sec. 28), $1?0 a year. °
Wholesale licence, (Sec. 28), , $120
Chinese spirit licence, (Sec. 30), , $120

Eating house licence, (Sec. 31),

EIn force front 1st July, 1886, ~y proclamation of the 12th June, 1886.]

Regulations made by the Governor in Council, under t)ie Spirit Licences
Ordinance, 21 of X $86, and zunc~Ar the Crown Fees Ordinance, 17
of IBfOr the 23rd, gaxetted the 24th July, 1886.

1. Intoxicating liquors bottled in the Colony may be sold vender a
wholesale
licence, although the bottles are not contained in cases, provided not
less than tvcelve
quart bottles or twenty-four pint bottles of any one liquor are sold at
one time.
2. Whenever no special provision has been made in the Spirit Licences
Ordinance,
1886 for the transfer o£ any licence, such licence may be transferred by
the endorse-
ment of the officer who issued it, or by the issue of a fresh licence by
him.
3. The fee of $10 for each licence for an eating-house imposed by section
31 of the
above-named Ordinance is hereby remitted in the case of eating-horses for
Chinese
customers only.

Order made by the Governor in Council under the provisions of The Spirit
Licences
Ordinance (21 of X 886), the 3rd and gazetted tAe 18th September, 1886
s

The following conditions shall be added to distillery, licences issued
under the
provisions of Ordinance 21 of 1$86:.-=-
CONDITIONS.
I. The premises shall, at all reasonable times, be open to the inspection
of such
officers as the Governor may, from time to time, appoint in that behalf.
2. The licensee shall, at the expiration of every consecutive period of 3
mouths
from the date hereof, furnish to the Colonial Secretary a return o£ the
total amount of
spirits distilled, rectified, or compounded under this licence during
such period.

2037.,
Ordinance No. 21 of 1886.

Spirit Licences.

3. No spirits shall be sold or disposed of by the licensee, or by, any one
acting
for him, or on his behalf, in less. quantity than 36 gallons at one time.

4. This licence may be cancelled, and the licence fee paid in respect
thereof for-
feited, if the licensee be guilty of any of the following offences:-

(a.) Breach of any of the conditions of this licence.
(f.) Breach of any .rebulations made or to be made in virtue of section
39 of
Ordinance 21 of 1886.
(c.) Distilling, rectifying, or compounding any spirits which shall, in
the
opinion of the Governor in Council, be deleterious to public health, or
in any other respect a nuisance.
2021
Title.
Interpretation of terms.
2022
Unlicensed distilling prohibited.
[8 of 44, and 3 of 69.]
Apothecaries, chemists and druggists may have stills of eight gallons contents.
[Ord. 8 of 1884 section 3.]
Licences to distil.
[3 of 69.]
2023
Adulterated liquors.
[38 & 309 Vic c. 63, s. 5.]
Unlicensed sale prohibited.
[11 of 44. 1.]
Wholesale and retail sale.
[See. 11 of 44. 24.]
Temporary licences.
Application for licence.
[11 of 44. s. 3]
2024
Sessions.
[11 of 44 .4.]
Disagreement of Justices.
[11 of 44 .4.]
Applicants' recognisances.
[11 of 44 .5.]
Fee. Licence.
[11 of 44 .7.]
Period of licence.
[10 of 68.]
Records.
2025
Transfer of licences.
[11 of 44. 9.]
Death or insolvency of licensee.
[11 of 44. 10.]
Removal of business.
[11 of 44. 11.]
Sign. Production of licence.
[11 of 44. 13.]
Regulations
[Sec. 11 of 44. 13 and schedule.]
2026
Forfeiture of recognisances.
[11 of 44. 15.]
Action on account of liquors.
[11 of 44. 17.]
Taking pledges.
[11 of 44. 18.]
2027
Measures.
[11 of 44. 19.]
Suspected premises.
[11 of 44. 35.]
Drinking in unlicensed place.
[11 of 44. 36.]
Payment of workmen.
[11 of 44. 37.]
Wholesale and grocers' licences.
How obtained.
Power to make rules.
2028
Chinese spirit shops.
[11 of 44. 27-30.]
Eating houses.
Disorder in eating houses.
]2 & 3 Vic. c. 47, s. 44.]

2029
Fines and forfeitures.
Offences defined.
Forfeiture of licence.
[Sec. 11 of 44. 30.]
Recovery of penalties.
Awards to informers.
[11 of 44. 32.]
2030
Power to make rules.
Repeals.
Commencement of Ordinance.
2038

Abstract

2021
Title.
Interpretation of terms.
2022
Unlicensed distilling prohibited.
[8 of 44, and 3 of 69.]
Apothecaries, chemists and druggists may have stills of eight gallons contents.
[Ord. 8 of 1884 section 3.]
Licences to distil.
[3 of 69.]
2023
Adulterated liquors.
[38 & 309 Vic c. 63, s. 5.]
Unlicensed sale prohibited.
[11 of 44. 1.]
Wholesale and retail sale.
[See. 11 of 44. 24.]
Temporary licences.
Application for licence.
[11 of 44. s. 3]
2024
Sessions.
[11 of 44 .4.]
Disagreement of Justices.
[11 of 44 .4.]
Applicants' recognisances.
[11 of 44 .5.]
Fee. Licence.
[11 of 44 .7.]
Period of licence.
[10 of 68.]
Records.
2025
Transfer of licences.
[11 of 44. 9.]
Death or insolvency of licensee.
[11 of 44. 10.]
Removal of business.
[11 of 44. 11.]
Sign. Production of licence.
[11 of 44. 13.]
Regulations
[Sec. 11 of 44. 13 and schedule.]
2026
Forfeiture of recognisances.
[11 of 44. 15.]
Action on account of liquors.
[11 of 44. 17.]
Taking pledges.
[11 of 44. 18.]
2027
Measures.
[11 of 44. 19.]
Suspected premises.
[11 of 44. 35.]
Drinking in unlicensed place.
[11 of 44. 36.]
Payment of workmen.
[11 of 44. 37.]
Wholesale and grocers' licences.
How obtained.
Power to make rules.
2028
Chinese spirit shops.
[11 of 44. 27-30.]
Eating houses.
Disorder in eating houses.
]2 & 3 Vic. c. 47, s. 44.]

2029
Fines and forfeitures.
Offences defined.
Forfeiture of licence.
[Sec. 11 of 44. 30.]
Recovery of penalties.
Awards to informers.
[11 of 44. 32.]
2030
Power to make rules.
Repeals.
Commencement of Ordinance.
2038

Identifier

https://oelawhk.lib.hku.hk/items/show/508

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 21 of 1886

Number of Pages

18
]]>
Mon, 22 Aug 2011 18:02:14 +0800
<![CDATA[HARBOUR REGULATIONS ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/507

Title

HARBOUR REGULATIONS ORDINANCE, 1886

Description

Harbour Regulations.

No. 20 of 1886.

An Ordinance entitled The Harbour Regulations Ordinance, 1886.

[21st Mar, 1886.]

BE it enacted'by the Governor of Honohona, with the advice of the-
Lecrislalive Council thereof, as follows:-

i. The Governor in Council may from time to time make, and 'when
made, alter, add to, or revoke all 1 LlleS, regulations or orders
necessary
'for the protection, man acrenlent and na,viaation of the waters of the
Colony,
for the bitter and lore effectual ISePplllyof order therei>7, and the-
prevention of any nuisance in: the same.

2. All such rules and reaUlations shall be published in the Hongkong
Government Gazette.
Ol1UI1`TANCL No. 20 of I8-8G.

Flarbour Regulations.

3. Upon the publication of any sncli rules, reriulations or orders in
Effect of
mgIilations.
the Gazette they shall, after the date of such publication, or after,. any
later date mentioned in such rules, reulations or orders, take effect as
if
they` were enacted by the Legislature of the Colony.

4. In any rule, regulation or order made tinder this Ordinance it
renaltie, for
breach of
shall be lawful for the Governor in Council to impose., penalties for the
iegnlatious,.
breach thereof, but so nevertheless that the penalty for the breach of any
such rules, regulations or orders does not etcee41 oite hundred dollars,
and in default of pavnlent of the said penalty, imprisonment with or
without hard labour for any period not esceediro- three months.

5. A11 offences against airy ruIe:, rC'.(rultltloll or order made Linder
'Trialof
this Ordinance elc;ept when otherwise provided inlay bu heard and deter-
oeee.
ruined by a Stipendiary Magistrate, and till p,,nalties imposed key 'arid
expenses recoverable inay be recovered in a stmiazary way before any
Stipendiary Magistrate,

Regukztions made by tlae Governor ire Council under the provisions of
Tile
Harbour Regulations Ordinance, .T 883, (No. 20 of 1886 ), the
25th day of .Time, and cyazetted tire 26th Tune, .1886.

L-RiIRWAYS.

1. There shall be three fairways through the harbour, for the passae of
vessels
of over 50 tons burden, and such fairways shall be named as follows:-

The Souther, n, the Central, and the Northern Fairways. ',

2. The western end of the Southern Fairway commences off the Gas
worbs,'and
is bounded on its south side by the north shore of the Island of
Hongkong, and
terminates 400 feet west of the Canton Steam-boat Wharf, where it
connects with the
central fairway. The north side of the'Southern fairway is occupied by
junks, except
at a place opposite the Peninsular and Oriental Stearn Navigation
Company's -Coal
Godowns, where there is a break connecting with the central fairway.

3. The western end of the Central Fairway commences off the wharf near the
Sailors' Home and is marked by two buoys, the northern one painted white,
and the
southern one painted red. This fairway is defined by two lines of mooring
buoys
running in an E.S.Easterly direction. 7 - -

4. .The 'northern side of the Northern Fairway is defined by a line drawn
between
.
the, south point of Chung Hue and Kowloon Point on a S. 66° E. bearing.
The.
southern.boundary ~ has the breakwater .in Causeway Bay, open ; of
Kellett's Island
bearing S. 78° E.
ORDINANCE 11'0. 20 of lass.

Harbour Regulations.

5. Vessels of over 50 tons burden proceeding through either of the
fairways, are
to. fly ft pendant at the highest mast head forward~as follows :--

Whilst in the Southern .fairway a Red pendant (F).
Whilst in the Central .Fairway a~ White pendant (C).
Whilst in the Northern Fairway a Blue pendant (D).

$. All vessels irrespective of size are to observe the rules of 'the
road, as laid
down by orders in Council, issued from time to time under the provisions
of the
Merahant Shipping Act, Amendment Act,. 1862; and no vessel whatever is to
anchor
in either of the fairways.

IT.--MEN-OF-WAR ANCHORAGE.

7. Western Boundary.-West corner of the City Hall in line with buoy
painted
chequered black and white.

Northem Boundary.-From, the buoy towards North Point of Hongkong until it
meets the Eastern Boundary.

.Eastern Boundary.--A line drawn from a bully to the southward of St.
Francis's
Church to the ;able-end of that Church until it meets the Northern
Boundary.

III.-VESSELS UNDER 50 TONS BURDEN.

$. Every such vessel, propelled by steam; whether licensed or not, shall
have in-
board screens fitted to its aide-lights, as the Harbour Mister shall
approve, so as to
prevent the lights being seen across the.bow.

IV.STEAM-WHISTLES. .
:. :g; The 8team-whistle of no vessel under 50 tons burden propelled by
steam, shall,
whenYh,t. anchor near the Praya, or when moored to, or waiting at any
wharf or landing
place,' be blown;, and no such vessel when under we%h shall have its
steam-whistle
blow'ri, unless for the purpose of giving necessary notice of the
approach of such vessel
towards any other vessel or boat.
10. No steamer when entering or leaving the harbour, or when at anchor
there-
in, shall use her steam-whistle except for the purpose of navigation and
to avoid
collision. The use of such steao-whistle for any other purpose is hereby
prohibited.
11. Any infringement of regulation 8, 9 or IO will subject the offender
to a
penalty not exceeding $100, or, in default of payment to imprisonment
with or without
bard labour for a period not exceeding 8 months.
32 , Vessels of war are exempted from- these regulations.

Regulation made by the Governor in Council, wader the provisions of
The Harbour Regulations Ordinance (No. 20 of .T 886), the
27th and gazetted the 28th August, 1886.

No person shall, without a permit from the Registrar General, beat any
drum, or
ion;, discharge, kindle, or let off any firework, or attempt to do,,
so_in the waters of
the Colony between the hours of 10 p.m. and 6 A.ur.; under a penalty not
exceeding
fifty dollars, or imprisonment with or without hard labour for a period
not exceeding
six weeks.
2018

Governor in Council may make regulations.
Publication of regulations.
2019
Effect of regulations.
Penalties for breach of regulations.
Trial of offences.

Abstract

2018

Governor in Council may make regulations.
Publication of regulations.
2019
Effect of regulations.
Penalties for breach of regulations.
Trial of offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/507

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 20 of 1886

Number of Pages

3
]]>
Mon, 22 Aug 2011 18:02:14 +0800
<![CDATA[REFORMATORY SCHOOLS ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/506

Title

REFORMATORY SCHOOLS ORDINANCE, 1886

Description


No. 19 of 1886.

An Ordinance entitled The Reformatory Schools Ordinance, 1886.

[21st May, 1886.]

BE it enacted by the Governor of HoDgkong, with the advice of the
Legislative Council thereof, as follows

1. This Ordinance may be cited as The Reformatory Schools Ordinance, 1886.
,OfvDI~r'A1Cr No. Mor 18.86.

Reformatory Schools.

2. In this Ordinance the word Manager shall include any person or;
persons lr,avina the mana~emerit or control of any school to which this
Ordinance applies..

Certiflecl Refomnatory Schools.
Mode °f , 3. 'fhc ~aoVer'llor rTiay, upon the application- of the
manti~ers of any
certifying,
reformatory school for the better training

E29 ~ ;30 VOf youthful offenders, direct the Superin-

Fc>z°°rs- tendent of Victoria Gaol to examine into the condition and
re°-ulations of-
4.] c.

117' ~. 4'] the school, and to report to him thereon ; and if satisfied
with such re-

fice Govern-

port, the Governor may, by writing under his hand, certify that such

nto~tiano , school is fitted for the reception of such youthful offenders
as may be sent
Gazette trtn
October there in pursuance of this Ordinance and the same shall be deemed
a -
certified 'Reformatory School.
'Inspection, of 4. .livery certified reformatory school shall from time to
time, and
schools.
Certificates at least once in every year, be visited by the said
Superintendent or by
may be wiGh-
,irIMVn. filly two Justices of the Peace appointed for that purpose by the
Governor
C23 3i )p V. c. .,-
a 17, ~, p,] arid the Governor if dissatisfied with the condition of such
school as re-
ported to him, rhaiy withdrav the certificate, and may, by notice under
his hand addressed and sent to the ruanaoers of such school, declare that
. the certificate is withdrawn as from a time specified in the notice,
being
pot less than six r.nont4s after the dace of the notice. .
z~OJ~na1;°n 6,. The managers of any certified reformatory school may upon
~f certificate
bymanagexs. giving site months' and the executors or administrators of a
deceased
FP9 k80 IV. 0. 0
~xnanager (if only one) of any certified reformatory school may, upon
giving one.monti>;'s previous notice in writing of their intention so to
do,
resign the certificate liven to such school ; and accordingly at the expi-
ration of six months or one month (as the case may be) from the date of,
the, notice (unless before that time the notice is withdrawn), the
certificate
shall be deemed to be resi ned. -
Liabilities of 6, The managers of any certified reformatory school may
decline
managers as
to youthfur to receive any youthful offender proposed to be sent to tLlem
under this.
offenclexs
Teoexyed in Ordinance; but when they have once received him they shall be
deerxred
xe£ormatoi9
schools., to haire undertaken to educate, clothe; lodge, and. feed him
during the

~i7; ~.~s ~ ''~' whole period for which he is liable to be detained in the
school, or' until
the withdrawal or resignation of the certificate takes effect, or until
the
contribution oat of money provided by the. Colony towards the custody
and maintenance of the offenders detained in the school is discontinued,,

whichever. shall first happen..
ORDINANCE NO. 19 OF MSG.

R~formatwy Schools.

Nothing in this Ordinance shall be deemed to limit, or interfere

with the right of any luanaber of a certified reformatory school to
receive
into such school other inmates than those sentenced under this Oi°diliance
to be detained therein.

7. Whenever the certificate is withdrawn from or resigned by the i,:ffeGt
of
withdrawal
rr;una~ers of a reformatory school, no youthful offender shell be
received of certificate.

[29& 30V.c
117, s. 9. ]

into such school after the date of the receipt by the managers of the
'School o f the notice of withdraw-al, or after the date of the notice of
re-
signation (as the case may be); but the obligation of the managers to
educate, clothe, lod,(Ye and feed any youthful offenders in the school at
the
respective dates aforesaid shall, excepting so far as the Governor may
otherwise direct, be deemed to continue until the withdrawal or* resigna-
tion. of the certificate tapes effect, or until the contribution out of
money
provided by the Colony to«rards the custody and maintenance of the
offenders detained in the school is discontinued, whichever shall first
happen.

t

$, When the withdrawal or resignation of the certificate of a
reform- Disposal of
atory school takes effect, the youthful offenders detained therein
shall '~;.~liaas°a`1
be b the order of the Governor either discharged or transferred to some °r
xe~ig~ti°°
y b , Of certificate,

[29 & 30 v. e.
117, s. 10.E

other certified reformatory school.

9. A notice of the grant of any certificate to a reformatory school,
or of the NN, ithdrawal or resibnation of such a certificate, shall
within one
month be advertised by order of the Governor in the Hongkong Govern-
1Ylellt Gazette.

a. 10. The managers of any certified reformatory school may from

time .to time make necessary rules for the management and discipline of
the school under their charge; but such rules shall not be contrary to
the provisions of this Ordinance, and shall not be enforced until they
have been submitted to and approved in writing by the Governor; and
llo alteration, shall be made without the approval in ~vritin(, of the
governor in any rules so approved.

11. Every officer of a certified refornator5= school authorized by
the managers of the school, in writing, to take charge of any youthful
offender sentenced to detention under this Ordinance for the purpose of
conveying hire to or from the school, or of brinaing him back to the
school in case of his escape or refusal to return, shall, for such
'purpose
and while engaged in such duty' have all such -powers, authorities, pro-

Publication
of grant, with-
drawal or
resignation of
certificate.
29 & 30 V. c.
((117,s:11.]

Power to
make rules,
&e.
[29 & 30 Y. c.
117, s. 7.2.]

Officers
authorized to
convey or
bring back
offenders to
school to have
privileges, &c.
of constables.
[29 and 30 V,
c. 117, s. 13.E
Offenders
under 16 years
nf age convict-
ed and senten-
ced to impri-
;

711 sonment way

be sentenced
to be sent
rither at r,inie
of sentence tin
expira,tiort of
period of irn-
prisonment t<~
certified re-
f,jrmatory
schools.
[29 anti 30 V.
c. T.17, r,, ) 4.]

ORDINANCE NO.19 OF 1886.

Reformatory Schools.

tection and privileges, for the purpose of the execution of his duty as a
reformatory officer, as any constable duly appointed has within this
Colony, by common law, ordinance, or custom.

Commitment of ofencZers to and their status at a eez'Jzfecl
re; fog°motouy school.

12. Whenever any offender Niho, in the ,judbment of the Court, or
Maaistrate before whom he is charged, is under the ale of sixteen years,
is convicted on criminal information or in a summary manner, of an
offence punishable with ,penal servitude or imprisonment, and is sentenced
to be imprisoned for the term of ten days or a longer term, the Court, or
Magistrate may in addition to his sentence or in lieu thereof, either at
once or at the.eypiration of his period of imprisonment sentence him to
he sent to a certified reformatory schoo'., and to be there detained for a
period of not less than two years and not more than five years. .

( I . ) Should there be at the tune of sentence more than one
certified reftirmatory, school, the particular school to
which the offender is to be sent shall be named at the
time of sentence or within seven. days therefrom.

In choosin; a certified reformatory school the Court or
Magistrate shall endeavour to ascertain the previous
education, position ill life and training of the offender,
and so far as is possible the selection shall be made of a
school most in conformity with such circumstances.

Should there be only one certified reformatory school, it
shall 1)e lawful for the Court or Magistrate , to order that
the said youthful offe,pder be therein detained. If any
objection be made thereto, by or on behalf of any parent,
or guardian, or near relative, or any person or body of
persons on ,the ground of the particular religious train-
ivy which may be expected in such reformatory schobl,
the Court or Magistrate shall report the matter to the
Governor.

(4. ) If upon such report being forwarded or on any application.
being made to the Coverrnor at any time, on behalf of
any youthful offender sentenced to be detained in a cer-
tified reformatory school, any objection is made to the
ORDINANCE No. 19 of 1886.

Reformatory Schools.

particular religious influence likely to be used in.such
reformatory school, and the party making such applica-
tion is willing to make suitable provision for the care,
maintenance and education of such youthful offender
under proper security, it shall be lawful far the Governor
in Council upon such terms as to him may seem advisable
to set 'aside the sentence of the said Court or Magistrate
and to direct that the custody of the said. youthful
offender be given to such .person as he shall appoint, and
tiny person taking such youthful offender from such cus-
tody; or knowingly assisting directly or indirectly such'
offender to escape from such custody, or knowingly
harbo;zring or concealing or preventing from returning
to- such custody any youthful offender who has escaped
therefrom, shall be liable to the penalties incurred under
this Ordinance for the offences aforesaid.

13. The Governor may at any time order any offender' to be dis-
charged from a certified reformatory school, or to be removed from one
certified reformatory. school to another, but so that the whole period of
detention of the offender in a reformatory school shall not be increased
by

such removal. - T

Discliarge or
removal by
order of -the
Governor,
[29 and 30 v;

14. The manaaens of a certified reforrzlatciry school may, at any time
gl~,~;~

offenders out
after the expiration of eighteen months of the period of detentiori
allotted on licence.
to a youthful offender, by licence under their hands, permit him to live
[2zi7, ~ 3 s,j-`

with any trustworthy and respectable person named ,in the licence willing
to receive and take charge of him.

any licence so granted shall' not be in force for more than three
Duration of
months, but may at any time before the expiration of such three months
licence.
be renewed for a, further period not exceeding three Months, to commence
froze the expiration of the previous period of three months and so from
time to time until the youthful offender's period of detention is expired.

Any such licence may also be revolved by the managers of the school,
by writing under their hands, at. any time before the expiration of such
period of three months, and thereupon the youthful offender to whom the
licence related may be required by- the managers, by writing under their
hands, to return to the school.

Revocation of

licence..
Power to
apprentice
offenders.
X29 & 30 V.

'Refusal to
conform to
vfires,r
[2s & 30 v.

1117, s. 20. ]

Escaping
from school.

c.

129& 30 V.

117, s. 21.]

ORDINANCE No. 19 of 1886.

Reformatory Schools.

The time during which a y outhful offender is absent from a certified
reformatory school in pursuance of a licence under this section shall;
except where such licence has been forfeited by his misconduct, be deemed
to be part of the time of loin detention ill the school, and at the
expiration
of the time fixed by his licence he shall be taken bash to school.

Any youthful offender- escaping from from'tbe person with whom be is
hhlced in pursuance of this section, or refusinb to return to the school
at the expiration of the time fixed by his licence, or any renewal
thereof,
or when required to do so on the revocation of his licence, shall be
liable
to the sane penalty as if he had escaped from the school itself.

15. The managers of a certified reformatory school may, at any
tine after an offender has been placed out on licence as aforesaid, if lie
conducted himself well durin; his absence from the school, hind luim,
with his own consent, apprentice to any trade, calling, or service, not-
withstanding ,that his period of detention has not expired ; and every
such biuclinM o- shall be valid and effectual to all in tents.

0ffences in relation, to reformatory seltools.

16. If any offender detained in a certified reformatory school
wilfully neglects or wilfully refuses to conform to the rules thereof, he
shall, upon summary conviction before a iflabistrate having jurisdiction
in the place or district where the school is situate, he imprisoned, with
or without hard labour, for any torn not exceeding three months ; and
at the expiration of the term of his iioprisonnzent he shall, by and at
the
expense of the managers of the school, be brought back to the school
from which he teas taken, there to be detained during a period equal to
so much of his period of detention as remained unexpired at the time
of his being sent to prison.

17. If any offender sentenced to be detained in a certified reform-
atory school escapes therefrom, he may at any time before the expiration
of his period of detention, be apprehended without warrant, and, if the
lzlanagers of the school think fit, but not otherwise, may (any other
Ordinance to the contrary notwithstanding) be then brought before a
Magistrate having jurisdiction in the place or district where he is found,
or in the place or district cohere the school from which he escaped is
situate; and lie shall thereupon be liaale,~ on slirnn nary conviction
before
such Magistrate, to be imprisoned, with or without hard labour, for any
ORDINANCE No. 3 9 of 1386.

Reformatory Schools.

term not exceeding three months; and.at the expiration of such term he
s'hall, by and at the expense of the in.,ina7ers of the school, be brought
back to the school from which lie escaped, there to be detained durinn
a period equal to so niucli of has period of detention as remained
unexpired at the time of his escaping.

18. Every person who commits any of the following off'2nces, that

is to say

(l.) Knowingly assists directly or indirectly an offender detain-
ed in a certified reformatory school to escape from the
school ;

(2.) Directly or indirectly induces such an offender to escape
from the school ;
Knowingly harbours, conceals or prevents from retorning
to the school, or assists in harbourin(r, concealing, or
preventing front returning to the school, any offender
who has escaped from a certified reformatory school,

shall, on summary conviction before a Magistrate, be liable to a, penalty
not ezceedina one hundred dollars, or at the discretion 'of the Magistrate
to be imprisoned for any term not exceeding two months, with or Acithout
hard labour.

Conditional pardons.

19. Where before or after the passing of t.bis Ordinance a youthful
offender has been sentenced to penal servitude, or irnp4sonment, and
has been pardoned by the Governor on condition of his placing himself
tinder the care of some charitable institution for the reception and
reform-
ation of youthful offenders, the Governor nay direct hint; if tinder the
age
of sixteen years, to be sent to a certified reformatory school, the
managers
,of which consent to receive him for a period of not less than two years
and not more than five gars ; and thereupon such offender shall be
deemed to be subject to all the provisions of this Ordinance, as if he had
been originally sentenced to detention in a certified reformatory school.

.Evidence.

20. The following rules shall be enacted with rest:>ect to evidence
-tinder ,this Ordinance:-

,
(1.) The production of tae IJon. kong Government Gazette
containing a notice of the grant or withdrawal of a

1'e11:11tv oil
pes;son'Isist-
ing or indu-
cira,
oifendexs
to escape
from certified
reformatory
schools. Or
l1 arboL1ring
offenders who
leave escaped.
29 &. 30 v.
e.117, . _>'. i

Power t<>
G overnor
to send
offenders to
reformatory
schools on
conditional
paxdon.
[z;l & 30 v.
e.117, g. 32.l

Pules respect-
ing evidence
under this
Ordinance.
L2s & 30 v.
c. 117, s.:33.]
ORDINANCE No..19 OF 1,986.

Reformatory S'elaools:

certificate by the Governor to or from a reformatory
school or of the resignation of any such certificate, shall
lie sufficient evidence of the fact of the publication of
such notice, and also of the fact of a certificate haV111(r
been duly granted to or withdrawn from the school named
in the notice, or resigned by the managers thereof.
'.f he grant of a certificate to a certified school may also
be proved by the production of the certificate itself, of
of a copy of the same, purporting to be signed by the
,Colonial Secretary:
'fhe production of the warrant or other document in
pursuance of which a youthful offender is directed to
be sent to a certified reformatory school, witty a state-
ment endorsed thereon or annexed thereto, purporting
to be signed. by the maoa ;er or other person in charge
of the school, to the effect that the offender therein
named (vas duly received into and is'at the date of the
. S1gC11ng thereof detained in the school., or has been
otherwise dealt with according to law, shall in all pro-
ceedins reaatina to such offender be ~ evidence of -the
identity, of and of the due conviction and detention and
imprisonment of 'the offender named in the warrant or

other document.

( 4. ) A copy of the rules of a certified reformatory school,
purporting to be signed by the Superintendent of the
Victoria Gaol, shall be evidence of such rules in all
,legal proceedings whatever.
(,5.) A school to which any youthful offender is directed to be~
sent in pursuance of this Ordinance shall,, until the:
- contrary is proved, be deemed to be a. certified reformmto,ry
school ,within the meaning of this Ordinance.

.Legal proceedings.

21: Any notice may be served on the managers of a certified
ilotice..Ah
x

reformatory school by delivering the same personally to any one of them,

of sch6oi.

l29 & so v C:' ~r by s~nding it by post or otherwise in a letter addressed
to them or
1'T' c35'] ay- of them at the school, or at the usual or last' known place
of abode
of any manager, or of their secretary.
ORDINANCE No. 19 or 1886.

Reformatory Schools.

.honrrzs.

22. No summons, notice, or order grade for talc purpose of carrying
into effect the provisions Of tllas Ordinance shall be invalidated for
~cvant
.of form only; and the forms in the schedule to this Ordinance annexed,
or forms to the like effect, may be used in the cases to which they refer,
~cwith such variations as circumstances require and « hen used shall be
deemed sufficient.

SC IiEDULE DF FORMS.

Conviction.

HONGKONG Be it remembered that on the day o£ 18 , A.13., of

TO WIT.

under the ago of sixteen, to wit, of the age of

is convicted before me C,D.,-----~--, for the said Coloiw of Hongkong,
for float (here
:storey ofence),
hl pursuance of the Reformatory Schools Ordinance, 7836, T have sentenced
the
said A.B. to be sent fortliwith to the reformatory school at -
the manager whereof is willing to receive hire, and to be there

detained for the period of

commencing on end from

Given under my hand and seal the day, month avd year first above written.

CB.)

Order of detention.

HONGKONG To A.B,, constable of Police, and to the manager of the
reformatory
TO WIT. 1 SGbOoI at

Whereas A.B.., late of under the age of sixteen years, to wit, of
the age of years, -was this day. July convicted before the undersigned,
for'
:that (stating the ofence as in the conviction), and it was thereby'
adjudged that the said
A.B., for his.said-ofFence, should, in pursuance of theReforniatory
Schools Ordinance,

7886, be _sent .forthvcith to the

reformatory school at

(the manager s whereof are willing to ~ receive. him therein), arid to be
there

comrnencing frofn and after the

-detained for the period of

-day of 18

Use of forms
in schedule.

llr, s. 36.E
Ordinance No. 19 of 1886.

Reformatory Schools.

These are therefore to command you, the said constable o£ to take
the said A.B. and him safely convey to the manager of the said
reformatory school,
and there to deliver hint to the manager thereof, together with this
precept. And
I do hereby command you the said manager of the said _ , to receive
the said A.B. into your custody in the said school, there to detain him
for the space
of , in the manner directed by the Reformatory Schools Ordinance,
1886, gild for so doing `this shall be your sufficient warrant.

Given under irzy hand and seal this day of

ytar of our Ford at Hon;konb, aforesaid. -

[L.s.] . J. S.

GOVERNMENT NOTIFICATION.-No. 404.

Notice ces to the .RefQrmutory Schools Ordinance, 1886, of the 13th
October°, gcczetted 16th October, 1886.

18 , in the

In pursuance of section 9 of the said Ordinance, notice is hereby given
that His
°Escellency tho Officer Administering the Government, acting under the
authority
conferred upon.hiin by section 3 of that Ordinance, has this day granted
to the West
-Point Reforn nrtarv=School a certificate that it is fitted far the
reception of such youthful
oFfe,°nders as may be sent there under the said Ordinance.
2009

[See Amendment Ordinance No. 10 of 1889.]
Title.
2010
Mode of certifying reformatory schools.
[29 & 30 V. c. 117, s, 4.]
[See Government Notification N. 404, Gazette 16th October 1886.]
Inspection of schools.
Certificates may be withdrawn.
[29 & 30 V. c. 117, s. 5.]
Resignation of certificate by managers.
[29 & 30 V. c. 117, s. 7.]
Liabilities of managers as to youthful offenders received in reformatory schools.
[29 & 30 V. c. 117, s. 8.]
2011
Effect of withdrawal of certificate.
[29 & 30 V. c. 117, s. 9.]
Disposal of inmates on withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 10.]
Publication of grant, withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 11.]
Power to make rules, &c.
[29 & 30 V. c. 117, s. 12.]
Officers authorized to convey or bring back offenders to school to have privileges, &c. of constables.
[29 & 30 V. c. 117, s. 13.]
2012
Offenders under 16 years of age convicted and sentenced to imprisonment may be sentenced to be sent either at time of sentence on expiration of period of imprisonment to certified reformatory schools.
[29 and 30 V. c. 117, s. 14.]
2013
Discharge or removal by order of the Governor.
[29 & 30 V. c. 117, s. 17.]
Placing offenders out on licence.
[29 & 30 V. c. 117, s. 18.]
Duration of licence.
Revocation of licence.
2014
Power to apprentice offenders.
[29 & 30 V. c. 117, s. 19.]
Refusal to conform to rules.
[29 & 30 V. c. 117, s. 20.]
Escaping from school.
[29 & 30 V. c. 117, s. 21.]
2015
Penalty on persons assisting or inducing offenders to escape from certified reformatory schools.
Or harbouring offenders who have escaped.
[29 & 30 V. c. 117, s. 22.]
Power to Governor to send offenders to reformatory schools on conditional pardon.
[29 & 30 V. c. 117, s. 32.]
Rules respecting evidence under this Ordinance.
[29 & 30 V. c. 117, s. 33.]
2016
Service of notice on managers of school.
[29 & 30 V. c. 117, s. 35.]
2017
Use of forms in schedule.
[29 & 30 V. c. 117, s. 36.] 2018

Abstract

2009

[See Amendment Ordinance No. 10 of 1889.]
Title.
2010
Mode of certifying reformatory schools.
[29 & 30 V. c. 117, s, 4.]
[See Government Notification N. 404, Gazette 16th October 1886.]
Inspection of schools.
Certificates may be withdrawn.
[29 & 30 V. c. 117, s. 5.]
Resignation of certificate by managers.
[29 & 30 V. c. 117, s. 7.]
Liabilities of managers as to youthful offenders received in reformatory schools.
[29 & 30 V. c. 117, s. 8.]
2011
Effect of withdrawal of certificate.
[29 & 30 V. c. 117, s. 9.]
Disposal of inmates on withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 10.]
Publication of grant, withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 11.]
Power to make rules, &c.
[29 & 30 V. c. 117, s. 12.]
Officers authorized to convey or bring back offenders to school to have privileges, &c. of constables.
[29 & 30 V. c. 117, s. 13.]
2012
Offenders under 16 years of age convicted and sentenced to imprisonment may be sentenced to be sent either at time of sentence on expiration of period of imprisonment to certified reformatory schools.
[29 and 30 V. c. 117, s. 14.]
2013
Discharge or removal by order of the Governor.
[29 & 30 V. c. 117, s. 17.]
Placing offenders out on licence.
[29 & 30 V. c. 117, s. 18.]
Duration of licence.
Revocation of licence.
2014
Power to apprentice offenders.
[29 & 30 V. c. 117, s. 19.]
Refusal to conform to rules.
[29 & 30 V. c. 117, s. 20.]
Escaping from school.
[29 & 30 V. c. 117, s. 21.]
2015
Penalty on persons assisting or inducing offenders to escape from certified reformatory schools.
Or harbouring offenders who have escaped.
[29 & 30 V. c. 117, s. 22.]
Power to Governor to send offenders to reformatory schools on conditional pardon.
[29 & 30 V. c. 117, s. 32.]
Rules respecting evidence under this Ordinance.
[29 & 30 V. c. 117, s. 33.]
2016
Service of notice on managers of school.
[29 & 30 V. c. 117, s. 35.]
2017
Use of forms in schedule.
[29 & 30 V. c. 117, s. 36.] 2018

Identifier

https://oelawhk.lib.hku.hk/items/show/506

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 19 of 1886

Number of Pages

10
]]>
Mon, 22 Aug 2011 18:02:13 +0800
<![CDATA[BOARD OF SHIP LIQUOR SALE ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/505

Title

BOARD OF SHIP LIQUOR SALE ORDINANCE, 1886

Description

Board of Ship Liquor Sale.

No. 18 of 1886.

1knUrclrnance entitled An Orelina: nee to prevent the sale or con-
veyance on board Ship of any ,Spin°ituous or .Fermented Liquor,
and to prohibit the hovering near or about Ships of any persona
y in boats ,for the .purpose a~ f' sell or twang on board ShiZ.1 o f

szce7a l-ipior.,

[30th November, 188(~:]

L:, it enacted by the Governor- of ',I-lonakoncr, with the advice of the
Legislative Council thereof; as'',follows :---

This Ordinance tnay be cited ,for all purposes as Tlae .Board of

'::Ivvt title.,

Y1. Sa/e Ovdinance, 1886.

/ Li'quoj- S

vt~

Lion;

~,?, In this Ordinance unless the context indicates the cone°rary

Ship shall mean any of Her MI,ajesty's ships or vessels, arid any:
description of vessel used in navibwti6n not propelled by oars, but shall.
not-include Chinese junks or Iorchas lot'pz°opelled by steam.
ORDINANCE No. 18 of 1886.

Board of Ship Liquor Sale.

. 3. It shall not be lawful for any person to bring on board any ship
any spirituous or fermented liquor of any- description, without the
previous consent of the officer commanding or the master of the ship on
board of which the same may be brought; and it shall be lawful .for any
officer in Her Majest~T's service; any master of any ship or warrant or
petty officer of the navy or non-commissioned officer of~Marines with or
without seamen or persons under, his command or orders to search any
boat hovering about or approaching or which rnay have hovered about or
approached 'any ship and if any spirituous or fertiicnted liquor be found
on board s11CI1 boat to seize such spirituous or fermented liquor, and
tlae
carne shall be forfeited to Her IVIajesty ; and if any person shall bring
any
spirituous or fermented liquor on board any slip without such lorevious
consent aforesaid, or shall approach or hover about any ship for the pur-
pose of bringing any spirituous or fermented liquor on board the same,
without such previous consent, or fur the purpose of giving or selling,
without such previous coinsenr, spirituous or fermented liquor to men in.
Her Majesty's Service or on board of any ship, every such person shall,
upon a summary conviction thereof before a Magistrate forfeit and pay
any sum not exceeding fifty dollars for every such act or offence'; and it
shall be lawful for any officer, in B ez Majesty's Service or any
~master`of
any ship or any sucli.walrant or petty officer, or non-commissioned
officer
as aforesaid, or for any constable, with or without any warrant or other
process, to apprehend or cause; to be apprehended any such offender or
person so acting and to bring Min or cause him to be brought before a `
1-Tagistrate for the purpose of having the offender summarily convicted
of the same.
2008

Short title.
Interpretation.
2009
Conveying liquors.

Abstract

2008

Short title.
Interpretation.
2009
Conveying liquors.

Identifier

https://oelawhk.lib.hku.hk/items/show/505

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 18 of 1886

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:13 +0800
<![CDATA[OPIUM ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/504

Title

OPIUM ORDINANCE, 1886

Description

Ordinance No. 17 of 1886.

Opium.
An Ordinance entitled The Opium Ordinance, 1886.
[21st May, 1880.]
C :it enacted b
B y the Governor of Hoon~kon~, with tile advice of the
Legislative Council thereof, as follows :-

C<,115c.macr;<r«. I. This Ordinance -and the Upiuiy Ordinance 1884,*
hereafter called,

y
the principal Ordinance shall be construe;l to~Lther as one Ordinance to
be called The Opium Ordinaw.-es 1884, and 1886.
DcOidt;nn. 2. In the construction of the above named Ordinances
,S'Icil) shall include junks, sampan's, boats and every kind of vessel
used for the conveyance of persons or'',, thins.

3. The powers given to inspectors of Police by section 27 of the
principal Ordinance with reference to the searching of ships, and the
seizure of opium on board of such ship?s may also be exercised by any
excise officer.

t'fawea's of 4. The pokers liven to Alaaistrates by section 28 of the
principal
'Tm~dooA op
the i'emca:. O11dinnnce to issue search warrants. nz:iy b4 emr cised ~ by
any Justice of

the Peace, and such search . warrants '', may be issued ana executed on
Sundays as well as on other days.
2008
Construction.
[*No. 1 of 1884.]
Definition.
Powers of excise officer.
Power of Justices of the Peace.

Abstract

2008
Construction.
[*No. 1 of 1884.]
Definition.
Powers of excise officer.
Power of Justices of the Peace.

Identifier

https://oelawhk.lib.hku.hk/items/show/504

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 17 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:12 +0800
<![CDATA[STAMP ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/503

Title

STAMP ORDINANCE, 1886

Description

Stamp.

No. 16 of 1886.

An Ordinance entitled The Stamp Ordinance 1886.

[21st May, 1886.]


E it enacted by the Governor of Trlon

B ~l;on~; with the advice of the
Leaislativa Council there of, as follows:-

1. In the ronstcwction of this Ordinance the term Collcetur shall

include the person for the tine being appointed by the Governor to have
the vontrol and management of the Stamp Office. -

Document shall mean any deed, instrument, or writing whatever.

Materia? shall mean paper or parchment.

E,xecute.d and execiction, with reference' to documents not~under seal
shall mean sibned and sinanature respectively.

Preamble.

Definitions.

Material.

Exec 7t ti on.

2. The present Collector and all other officers of the Stamp Office
officers

-are hereby continued in- their offices. There shall he one 9cane>'al
Stamp o~e uea~

Office for the Colony, and such subsidiary stamp offices as the Governor
Subsidiary
from, time to time in his discretion appoint. .
ORDINANCE No. 16 of 1856.

Stamp.

duty payable
under schc-

3. The Governor may from time to time appoint and remove a chief
officer who shall have the control and- management of the stamp Office,
d such other officers as may from time to time be required to carry on
the business of the Stamp Office.

4. For every document executed after the coming into force of this
Ordinance of any of the kinds specified by the schedule as requiring
stamps, there shall be payable to Government a stamp duty of the amount
indicated in the said schedule to be proper for such document.

Every provision contained in the said schedule shall be of the same
force as if it were contained in the body of this Ordinance.

ooYeitor in 6, The Governor in Council may from time to time make and when
Council may

lower or made, revoke, add to or alter rulers, fi<Ling lower rates of duty
than those
abolish duties. specified in the schedule, or exempting from duty any of
the documents

~y Mnl,e mentioned, in the schedule, and prescribing the form, site, and
material
of the stamps to be used, and the mode and place of impressing, affixing,
or denoting thereupon the value of the same under the provisions of this
Ordinance, and the manner of writing upon or filling up such stamps, and
authorising or prohibiting the use of adhesive stamps for any documents
required. to bear stamps, and generally for the elecation of this
Ordinance.

Penalties,

Penalties sax $. Every .'person who commits any of the following offences

shall,

;w&~ TI`P7

on sumrnarv conviction thereof before a Magistrate, be liable to a
., a penalty
not exceeding one hundred dollars, that is to say :-

Drams-ing, aceeptin~g, issuing, endorsing, negotiating, paying,
or receiving payment of any bill of exchange, promissory
note, or other similar instrument, or making, executing, or
signing (except as hereinafter provided) any document
enumerated in the schedule on unstamped or insufficiently
stamped material.

2. Delivery out of his hands, custody, or power of any docu-,
meat upon which an adhesive stamp has beeri affixed
under this Ordinance without cancelling the said stamp so
that it cannot be used. again. .

3. Any breach of this Ordinance not specially provided for.
ORDINANCE No. 16 of 1886.

Stamp.

7. Every person who commits any of the following offences shall, renalties
for
frauds.

on summary conviction theneof before a Vja,(ristrate,, by liable to a,
penult;
not exceeding five hundred dollars, that is to say :--

1. Drawing ally bill of exchange ptlrpol'tllh to be drawn in a
set of two or more without drawing on duly stamped
material the whole number of bills constituting such set.

2. Knowingly and wilfully executing any document charred
under the schedule with ad .valorem duty, in which the
consideration money or amount involved is not truly
expressed and set forth, with intent to avoid full payment
of stamp duty, or hnowincrly and wilfully inserting or
setting forth of procuring to be inserted or set forth in
such document a less amount than the full and true con-
sidcra,tioci money or amount involved. a

Lxeczction- out of the Colony.

S. All documents whatever executed out of the Colory.shall, when
brought into force or registered within the Colony, be liable to the same
rates of stamp duty as if they had been executed, cvi~thin the Colony.

lieception an evidence.

9. Except as otherwise provided by this Ordinance, no document
liable to ctalrip duty under this Ordinance shall be received as creatinb,
transferring, or extinauishing any ,right or obligation, or as evidence in
any civil proceeding in any Court of Justice in the Colony, or shall be
acted upon, registered, or authenticated in any such Court or public or
other office or by guy public officer unless such document be stamped
accol°dinf; to this Ordinance or iii accordance with the law in force in
the
Colony at the time it was executed.

Stamping after execution.

Execution ant
of Colony.

Unstampei L
documents
not received
in evidence.

10. Any Civil Court may direct the Collector to stamp and receive
the duty and .penalty-, if any, upon any document which may be stamped
Powers of
C°urt.

after, execution under, this Ordinance. Such duty and penalty shall be
lxaid.into, Court, and.shall be .remitted to the Collector with the
document
to be stamped after the document-bas been admitted in .evidence. .
ORDINANCE No. 16 of 1886.

Pow'ers of The Collector of stamp duty may stamp documents after execution
.Collector.
i, n cases where he shall be satisfied that the omission or neglect to
stamp
or to stamp sufficiently did not arise from any intention to evade pay-
ment to stamp duty or otherwise to defraud, subject to the following
rules:--

1. Transfers of shares shall not be stamped until the numbers
of the shares and the consideration money are entered,
when they may be stamped before execution subject to the
provisions of article 35 of the schedule.

Documents executed out of the Colony shell be stamped
when they are received in the Colony, if they have not
been previously stamped according to this Ordinance.

3. Bills of exclaarige and promissory notes executed in the
Colony shall not be stamped after execution.
4. In all other cases of stamping after execution there shall ue
charged as ~a penalty, if within one month of execution
double, if vcithW two months ten times, if after two months
twenty times the deficient duty.
5. If the Collector be satisfied that the omission or neglect to
stamp arose solely from urgent necessity or unavoidable
accident, he shall remit the penalty prescribed by this
section. He may require sworn or other evidence as to the
circumstances at his discretion.

Aclj2cdicatio?a.

11: , Whenever any person is in doubt respecting the proper amount
o£ stamp duty payable upon any document, he may apply to the Collector
for :au adjudication on such document, at the same time depositing a fee
of one dollar, whereon the Collector shall determine the amount of duty
to which such document is liable, and on payment thereof shall impress
the document with stamps to that arriount,' also with an additional stamp
denoting that the adjudication fee has been paid.

If the Collector is of opinion that the document is not chargeable
~~ith any duty he may. stamp such document with a particular stamp
denoting that it is not chargeable with any duty, or may make an entry,
to that effect on such document, in addition to which he shall impress it
with the adj udication fee stamp.
ORDINANCE .~o. 16 of 1386..

$tamp. _

Any document bearing the said adjudication fee stamp shall be
received in evidence in any Court or re~isterea by any public officer as..
properly stamped, and shall be re;arded. as pr.>perly stamped for any
purpose whatever.

Spoiled stamps.

12. Whenever material bearing ail 11111?reSS:;d stamp has become
damaged, spoiled, or unfit for use, the Collector, on its delivery to him,
may supply the owner of such spoiled material with stamp. of equal value
to those orininally impressed, subject to the following rules:-

1. In the case of uuex.ecuted docuW eats spoiled by error in the
writing, defaced by accident, or rendered useless by un-
foreseen circumstances before completion, such allowance
may be made within sit months of spoiling..

In the case of executed docamenti found unfitted for the
purpose originally intended by errors therein, or the execu-
tion of which cannot be completely carried out by reason
of the death or refusal to sign of any-. person or other un-
foreseen circumstance, or in the case of bills of exchaye

. or promissory notes no part of which- has been delivered

to the payee, such allowance may be made within sib
months of signature.

Miscellaneous.

13. When the duty with which an instrument is chargeable depends
in any manner upon the,duty paid aeon another instrument, the payment
of such last-mentioned duty shall, if application be made to the Collector
for that purpose, and on production of both the instruments, be denoted
in such manner as the Collector thinks fit upon such first-mentioned

instrument.

spollcit

stamps m~,~
be a.11o~ c.'d.

Denoting

stamp ~33
and 34 vict. -
o. 9? sect: T4. ]:

14. The 'expense of the stainp for any bill of exchange or promissory cost
note shall be borne by the person dracvin~ or making of xiegociatinc, the
'tamps.
same. The expense of any receipt stamp shall be borne by the person
receiving payment.

1~. All decisions, orders, or acts of the Collector may be reversed or,
modified by- the Governor. And whenever any person shall suppose any
decision of the Collector with reference to any document tendered by such

Collector's

acts revised.-,,

by Governor:`
Refund of
probate duty.

f'enalties.-

ORI)INANCE- No. 16. or 1886.

Stamp.

pet-son. to be stamped; to .be erroneous, it shall 13e lawful for such
person
to make application to the Supreme Court in its Summary Jurisdiction,
and such Court, having heard such person and the Collector or his
deputy, may order the payment of the duty in dispute, or~may make such
other order as may be necessary under the circumstances.

16. The Governor may order ii refund by Treasury warrant of the
whole or, any portion of any probate duty which may have been paid to
the Collector, for the refund of which any equitable claim shall be proved
to ,his satisfaction, on the ground of payment of probate duty on tire
same' estate elsewlrere,. assignment or diminution of value of the estate,
discharge of debts, or other reasonable cause.

0overnmeat 17. The Government shall not be responsible for the loss of or
for
nod responsi-
bn for ross of damage to any document tendered for star-nping, whilst in
the custody
br damage to `
<locurnen.t, of the Collector, nor shall any officer of the Stamp Office
be responsible,
for such loss or damage, unless lie shall have, caused it wilfully,
fraudrr-
lerztly, or lay gross negligence.

Forging , 18. Every person «h0 fUraes, alters, or imitates, or assists in
forg-
,fitamps , &e.
ink, altering or'irnitatiug any stamp used' for the purposes of this Ordi-
a.nce shall be guilty of felony. Any stamp impressed in the Stamp
Office by any person wwitbout the authority of the Collector, and not
accounted for to him shall be held to be for,ed within the meanings of
this notice.
Uttering; aid 19. Every person who uses, utters, disposes of, puts off, or
without
possession..
lawful excuse is in possession of any forged, altered, or imitated stamp
as aforesaid, knowing the same to be forded, .altered, or imitated, shall
be guilty of felony, and such stamp or stamps shall be forfeited to the
Crown :

z~1 em.ovut, 2®. Every person who fraudulently removes an alhesive stamp
maxxs, and
possession. from ,ally document,, of wilfully removes or attempts to
remove from any
adhesive stamp any mark that has been made thereon by way of cancel-
, or knowingly uses, puts off, or is iii possession of any adhesive
stamp from which any such mark has been wholly or partially removed
shall be guilty of a misdemeanor.

- ~~f 1. Every person who is convicte<l of -in felony under this Ordi-
nance shall Le liable, at the niscretion'of the Court, to be kept in penal
ORDINANCE No. 16 of hs8G~.

Stamp.

-servitude for any term not exceeding seven years a,nd not less than
three years, or to be imprisoned for any term not exceeding two years
with or without hard labour. And every person echo is cony icted of
.any misdemeanor under this Ordinance shall be liable, at the discretion
of the Court, to be imprisoned for any term not exceeding t«-o years
with or without hard labour.

Procedure.

22, It shall be lawful for all Courts and Ma(,istnttes, and for the
Collector, and for all persons employed for the sale and. distribution of
stamps, and they are hereby required to tape possession of any document
as to which any breach of the laws relating to stamp duties rx~tiy appear
to have been committed, and to deliver the same to the Collector to he
used in prosecuting the offender.

23. No person shall be proceeded against under section (1 or 7 of Limit
or p,~U-

this Ordinance except within two years from the (Lite oftbe offence nor

without the consent of the Attorxzey General.

24. Ordinances No. la of 1884 and Z of 1886 are hereby repealed, n0 ptaI
.

but such repeal shall not affect anything lawfully done or suffered there-
under or under any orders in Council made thereunder; or any hrosec%t-
tion or any other proceeding for any thing done contrary to tbe provisions
of the same while the sane were in ford.

25. This Ordinance shall come into force on <L day to be fixed by
suspenain-

clause.
proclamation by the Governor.

SC I-IE D UL E,

of the proper stamps for such documents as rewire to be stamped

under this Ordinance.

NOTE.- A docmneiit co2itaiuing or relating to sevcial distinct matters
:is to lie separately
and distinctly charged. with duty in respect of each of such mattm°s. .Ay~
document liable to stamp duty ruder more than one article c;f this
schedule
shall be charged under that article wl;iclt imposes the highest duty.

1. Adjudication as to tl.e am oun-
of stamp duty to be levied on any donut $l.

meat, ............................. , ...

Tmpcsurulit)g
mnstancipecl
documents.
O1'DINANCE No. 16 or 1886.

2. Agreement, or any memorazt- -I
dztxn of an aoreernent, under hand only,
and not otherwise specially charged with
any duty, whether the same be only ev i- .50 teat,.
dence of a contract or obligatory on the
parties from its being a written instru- I i
nient, ) ,

Note. -Agreements as to letting or tenancy are in all cases char,yeahle
trs leases. 5ee-
articles 22 and 24.
Agreement 'or contract accompa-
nied with the deposit of title deeds to any
immovable property or for securing the See Mortgage, 26.
payment or re-payment of any money or -
;;tock, :

Exerrtption5.-Label, slip, or memorandatrn containing the heads of arty
insurance to be efected by means of a duly stampedpolicy or risk note.

Alemorandum, letter, or agreement made for or relating to the sale of art
y
goods, warns, or merchandise, or to the sale of any shares in any public
companJ, not being a broker's note or document given by a broker.

Seaman's advance note, or memorandum, or agrcem.ent made between thc-
master and mariners of any ship for ivayes.

Emigration Contract.

Passage Ticket.

Arbitration Award, ..........

4. Articles of Clerkship, or
contract whereby, any person shall lust
become- bound to serve a`s ri, clerk in order
to his. admission as as attorney, or aoli-

Assignment, by way of security,
or of any security, ..............................
Upon a srLle, ..............................

a. Attested Copy of arty docu-
ment chargeable with ;tamp duty under
this schedule, ,
Average Statement, .............

G. . Bank Cheque payable on de-
mand to any person, to bearer, or order,...

r . Bank Notes, or other obliga-
tions for the payment of money issued by
any banker or banking company iii the
Colony-for local circulation and payable
to bearer on demand .............................

8: Bill of Exchange drawn oat
of but Payable on demand within the Co-
lony, riot being a cheque, and bearing the
date on which it ryas made, ..................

Sec Mortgage, 26.

..fee Conveyance, 14.

Sec Bond, 10.

2 cents.

Two-thirds per cent. her annum on tare
average valve of such notes in circula-
tion., To be collected monthly on a
statement thereof to be furnished by
each banker or bunking company to-
th© Collector of Stamp Revenue at the
- end of each mouth, and to be signed by
the banker, or manager, or agent, and
by the accountant of such banker or-
banking

2 cents.
ORDINANCE NTo. 16 of 1886.

Bill of Exchange of any other kind. whatsoever except a cheque or bank
note
and Promissory Note of any kind whatsoever except a bank note.

Front 00 to

$ 00,

$ 500, .....................

1,000, ~ .. . . . . . . .. ... . . .

$ 2,000

$ 3,000, .. .. ........ .... $ 1.00
$ 5,UU0, . $1.50
,`X10,000, , $ a.U0 '
$ 15,000, . . . . . . . . . . . . . . . . . . ~d .00
Every $ 5,000 additional or part thereof 0.50

.Xote. l.-A bill of exchange for cxtictly $.50 is to be charged 2 cents,
-and so
thronghont the table.

Note 2.-''hear hills of exchange or other such documents are drawn in
sets of
two or more, half the above duties to be charged on each part of a ,set.
:If
the duty be 5 cents the first part of the set shill be charged 3 cent, and
the other parts 2 cents each. [See ,Order in Council 7th April, 1887.]

l1'ote. 3.-In the case of bills in sets drawn out of the Colony, the
whole duty shall
be payable on that part of the set which is first presented fear payment
or
acceptance, or is first -otherwise negotiated, tire other parts of the set
being free.'

10, ............. ..... Flee.

.2 couts.

.10
.20

9. Bill 4f Lading, or slip's receipt
where bills of lading are not used, fox each ~ 10 cenits.
hart of every set, ................. ......

Exemption.-13111 of lading f'or goods sleiyped by any Gozornment
Offlcer on account of Government.

10. Bond, or other obligation con-
-Corning Respondentia and $ottoni-
~ry, and average statement, or bond where
no statement is drawn up, ...................

Bond for, securing the payment or
repayment of money not otherwise pro-
vided for, or for the transfer or re-transfer
of stock, or accompanying the deposit of
title deeds to any immovable property, .... ~

11. Broker's Note, or any docu-
ment having reference to the sale or htir-^I
~cshase of any , merchandise, given by any ~
:broker, . .... _ '' ;

10 cents for every $100 oripart tloereof.

See Wort;rrae, ?G.

See also Articles 4, 20, 21, .33.

50 Cents.
ORDINANCE No. 16 oF.18

Stamp.

12. Charter Party, or any agree-
Ment or contract for the charter or hiring
of any sea-going ship or vessel, to be
charged on the estinuitea freight, .........

13. Copy Charter.
Vessel under 200 tons, each copy, ...
.........

Collateral Security, . ......

Contract, ..............................

14. Conveyance or assignment on I
Yaie, to be levied on tlio amount or value
of the consideration money, such coaside-
ration money to include airy sum payable
by the purchaser in respect of any tnort-
gale or other debt remaitunc, upon the
property purchased, or released by such
purchaser to the vendor. (See also ar-
ticle 17) , ..........................................

10 'cents for every $100 or part thereof.

*See 1Vlortgage, 26.
See Agreement, 2.

SO ce;its for every $100 or part thereof.

Excmption.-Transfer bra mere eycdovsement qf' a duly stamped bill of
exchange, promissory note or other negotiable instrument, or of a bill of
lading. .Bill of sale for Chinese junk.

15. Copartnership, Deed or other
instrument of, ..................................

16. Declaration of Trust, ......

17. Deed. or other instrument Of
Gift, assignment, or exchange, where no
money consideration, or a merely nominal
money consideration passes, :

Deposit of title deeds, .....................

18. Duplicate or counterpart of
any document chargeable with duty under
this schedule, to be affixed on the produc-
tion of the original document bearing its
proper- Aamh, and not otherwise. If the
original duty is
Under 1, . ........ .................
From 1 to $ 10, . ...... ... ...
$10 $20, ... , ....:..........
Over $20 . ......... ... . . .

See Mortaage, 26.

Same duty.
~1.
$2.
$8.

Note.-The duplicate or counterpart of any instrument chargeable with
duty.is:not to be
deemed duly stamped unless it appears by some entry made by the Collector
or by some stamp impressed thereon that the full aind -proper duty has I
been
' paid upon the original instrument of .which it is.a duplicate or,
counterpart or-
unless it as stamped as an original instrument.
OP.DI\'ANCE . No: 16 of 1886.

.Stamp.

*19. Emigration Fees under the
Emigration Consolidation Ordinance 1874.
Application for a certificate, ...............
Certificate, .............. ... .... ... ......

Equitable charge, ....................

20. Foreign AttachrrientBond, t
iii the Supreme Court, either Jurisdiction. J
Guarantee, ...........................

21. Every Instrument in writing
under seal, not otherwise specially
charged witli duty under this schedule,...
Xote.-The impressions of Chinese
names, shop names, or trading names,
commonly called chops shalt not be taken
to be seals within the meaning of this
article : ....................................
22. Lease or agreement for a lease,'
made for a term of years, or for a period
determinable with one or more life or lives
or otherwise contingent, in consideration
of a sum of money paid iii the way of
premium, fine, or the like, if,without rent,
23. Lease, executed in pursuance of
a duly stamped agreement for the same.
24. Lease or agreement for a lease
of any land, house, buildin0 or tenement,
at a rent, without payment of any sum of
money by way of fine or premium, to be
levied on the annual rent, for a term not
exceeding
One year, .....................
Three years, ..............................
1 hirty years, .................
Exceeding thirty years, .....................

10 cents.
25 For every, $.100 or part
50 thereof.
75
s~

See Mortgane, 26.

$1-for every $100 or part thereof.

See agreement, 2.

30 cents for every x;100 or part thereof:

.Tote.-When both rent is paid and there is a fine or premium, the duty is
to 1?e the total
of that due under both articles 22 & 24.

Exemption.-All rentals under $50 per alcnuni.

1015. Letter or other instrument of
Hypothecation accompanying deposit
of documents of title to any moveable
property, or bond, or other instrument of
guarantee in respect of such property or
documents of title, ...........................

Letter of Guarantee, ............

26. Mortgage, or agreement for a
mortgage, bond, debenture, covenant,
warrant of attorney to confess and enter

ujud-ment, and foreign security of any

p ~n 0

hind not specially charged with duty under
this schedule, to be levied on the amount
or value of the principal sum: secured.

1 2003

ordinance
t~11N, of 1839,
&hedt;le Cx) 11.1

Referring to particular property, $1.
duplicate, 10 cents.
General, $2.

See Agreement, 2.
ORDINANCE No. 16 of 1886.

(i.) Being the only, or principal, or,
primary security, and also -cohere any
further money is added to the money
already secured, . ..............................

(ii.) Being a collateral or auxiliary I
or additional or substituted security, other
than a mortgage executed pursuant to a
duly stamped agreement for the same, or
by way of further assurance for the above-
mentioned purpose where the principal or
primary security is duly stamped, and for
every extension of the time of an original
mortgage endorsed on such mortgage, ...

(iii.) Transfer, assignment, disposition
or assignation of any mortgage, bond,
debenture, covenant, or foreign security,
or of any money or stock secured by any I
such instrument, or by any warrant of
attorney to enter up judgment, or by any
judgment; to be .levied on the amount

transferred, : ,

(iv.) Reassignment, release, discharge,
surrender, rosuxrcrtder, warrant to vacate,
or renunciation of any such security as

aforesaid, or of the benefit thereof, or of
the money.thereby secured, ..................

(v.) Mortgage executed in pursuance
.of a duly stamped agreement for the

sumo, ;: <

2'l. Any Notarial Act whatsoever
not otherwise charged with duty in this

schedule, :

2s. Note of Protest by any com-
mander or master of a vessel, or with
regard to any promissory note or bill of

' 29. Policy or risk note of marine,
ire, life or other insurance, for each
~opy~ and every renewal, .....................

30. Power of Attorney, . .........

31. Probate, or letters of admi-
nistration, with or without the will an-
nexed, to be calculated upon the value of
the estate and effects for or in ,respect of
which such probate or letters of admi-
tristration shall be granted, exclusive of
:what the deceased shall have been pos-
sessed of or entitled to as a trustee for any
other, 'person or persons and not benefi-

0 cents for every $100 or part thereof.

5 cents for every $100 or part thereof.

I cent For every $l0() or part thereof.

10 cent,.

$1 for every $100 ox pant thereof.,

Exemption.-Administration Bona's and Estate under $2ao.
ORDINANCE No. 16 OF 1 886.

Stamp.

Reassignment.

(32. Receipt or dischrtr,;e given for
the payment of money, or in acquittal of a
debt paid in money or otherwise, when the 3 cent
Burn received, discharged or acquitted et-
eeeds $10, .......................................

See Mortgage, 26.

Exemptions.-Letter acknowledging the amo-
naisso7j note, bill of exchange, or any secwrity money, receipt or
debit
note for the premium on a dicly qtamped policy qf insurance. Receipt
given by any o f cer or soldier of Her llfiajest
y's ,forces stationed in the
Colon) for naonetl paid out of imperial reve7zue. Repealed by Ordinance
No. 14 of 1890 and new Antit°le satlastitxcted.]

33. Servant's Security Bond.)
Anv instrument to \Vrrtlllounder seal bY
Which any domestic or other servvutorclerh
or cornpradore shall give secnrity for the
clue discharge of his duties, or of the duties
of other persons to be ernployetl~by him, or
for the safe custody of money or property,
to be entrusted to him, or for the proper
(tarrying on of business to he conducted by
)tin, or for the discharge of his responsiLi.-
lities arising from such business; whether
such security ;shall be given by the binding
of other persons, or by the deposit of money
or valuable property or 1>y deposit of the
title deeds to any property 'or by any
assignment, . ,

34. Settlement. Any instrument, I
whether voluntary or upon tiny good or I
valuable coil siileration, other than a bona
fide pecuniary consideration, whereby any
definite and certain principal man of money
(whether charged or chargeable on lands ~
or not, or to be laid out in the purchase of
lands or not) or away definite and certain
amount of stock, or gray security, is settled
or agreed to be settled in any manner

ivhs,tsoevcr,

The stunt; duty iv,, rt )rv t>rtna.7ve, see Article
26, i. a ii.

.30 cents for every $ 100 c)r part thereof of
the amount or value of the property
settled or agreed to be settled.

Exemption.--Instrument o f appointment velating to art) property in
favour of personas especially named or described as the .oG, jests of a
,power. of
appointment created by a previous settlement stamped with ad valorem duty.
in respect of the same property, or by will, where probate duty lays been
paid
in respect of the same property as personal estate of the testator.

35. Settlement executed in pursu-
ance of a duly stamped agreement far the

36. Transfer of Shares or stack
in any public company, to be competed on
the market value of such shares on the day
of stamping, which, if doubt arises, the
Collector shall decide subject to section 15
of this Ordinance.

2005

10 cents for every $100 or part thereof.
cos

1 cent.
2 cents.

IO
15



ORDINANCE No: l s of 1ss,s:

,S'tamp.

(ii.) Transfer for a nominal amount, I

to be approved by the Collector, j

Exemption.-Scrip certificate.

GEX EItAL EXEMPTIONS.

Any document made or executed by or on behalf of Her Majesty or of uny
depart-
rraent of Her Majesty's ,service, or n~hereby any property or interest is
transferred to, cr
any contract of any kind whatsoever is made with Her Majesty or any
pe~son. for or on
behalf of Her Majesty or any such department as aforesaid.
But this exemption does not extend to any document executed by the
registrar n f
the Supreme Court as oflicial administrator or by a receiver appointed by
any Court,
or to any document rendered necessary by any Ordinance or by the order of
any Court;
neither does it, extend to a sale made for the recovery of an arrear of
revenue or rent, or
in satisfaction of a decree or order of Court, in any of which cases the
purchaser shall
be required to pay the amount of the requisite stamp in addition to the
purchase money.

[hz force front 1st June, 1886, under proclanzation qf floe 22nd May,
1886.

Order made by the Governor in Council -un.der the Stamp Ordinance 1886,
the 4a day of June, gazetted the 6th June, 1886.

It is hereby ordered as follows:-

1. The adhesive stamps to be used under the above-mentioned Ordinance
shall
be of the following values:-

1, Cent.
2 Cents.
3
5
IO
12

2, The impressed stamps shall be of the following values:-

25 cents.
30 »
50
1.00
1.50
0.00

20 cents.
25
30
50
~5 »
$1.00.

$2.00.
$2.50.
$3.00.
$4.00.

and a stamp bearing the words Adjudication fee paid.

$ 4.50.
$ 5.00.
$ 6.00.

$ 8.50.
$10.00.

$ 10.50.
$ 20.00.
$ 25.00.
$ 40.00.
$ 50.00.
$100.00.

3. The above stamps shall be of the form, size, ~ ai7d design of the
specimen
stamps enclosed in a case for public inspection at the Stamp Office.
ORDINANCE loo. 16 aF 186.

Stamp.

4. Adhesive stamps may be used for the following classes of documents,
and for
no others:-

Bills of exchange drawn out of the Colony,
Cheques,

Renewals of policies of insurance,
Receipts,

but impressed stamps may be used for any of the above documents.

5. No bills of exchange in sets shall be stamped in which the words
-First and
Second, or .First, Second, and Third are left ula,aah, nor in which the
words Second of the.
.same tenor and date being zcvpaid, or the like, are: wholly or partly
left blank.

6. Every promissory note in the Chinese language shall bear an impressed
stamp
of the value required by the schedule, which impressed starch shall be
placed on the
upper edge of a printed border similar to the specimens enclosed in a
case for public
inspection at the Stamp Office. All the writing of such note must be
within the said
border, which is to be talreu as part of the impressed stamp required
.for such
,promissory note.

7. The sire or shape of such border, and the devices or characters
accompanying
it, may be varied from time to tine at the discretion of the Collector.

Order made by the Governor ia Council under section 5 of the Stamp
Ordinance,
(No. 16 of X886), the 8th October, acrd gazetted the 9th October, 1886.

His Eellency the Officer Administering the Government is pleased to order
that
the duty charged under article 17 of the schedule to Ordinance '16 of
1886, on a deed
-of assignment where no money consideration or a merely nominal money
consideration
passes shall be $10 in cases where such deed of assignment is merely
confirmatory of
;an assignment of which the full conveyance duty has been paid.

The Collector of Stamp Revenue shall, unless the two deeds referred to in
the
foregoing paragraph are comprised in are and the same document, denote by
an entry
undex his hand made upon the deed stamped with the $10 duty, tbat the
full conveyance
.duty (if more than $10) has been paid upon the other.

Order made by the Governor in Council under section v of the Stamp
Ordinance
(No. 16 of X 886), the 7th and gazetted the 9th April, 1887.

The Governor in Council is pleased to order that the duty charged under
article
:$ of the schedule to Ordinance 16 of 1885 on a bill of excbange drawn
out of and
payable on demand out of the Colony, when such bill of exchange is
negotiated within
-the Colony, shall be.t,wu cents.

2007
1993

Preamble.
Definitions.
Document.
Material.
Execution.
Officers continued Office.
Subsidiary offices.
1994
Staff.
Duty payable under schedule.
Governor in Council may lower or abolish duties.
May make rules.
Penalties of non-stamping &c.
1995
Penalties for frauds.
execution out of Colony.
Unstamped documents not received in evidence.
Powers of Court.
1996
Powers of Collector.
Adjudication.
1997
Special stamps may be allowed.
Denoting stamp.
[33 and 34 Vict. c. 97 sect. 14.]
Cost of stamps.
Collector' acts revised by Governor.
1998
Appeal from Collector.
Refund of probate duty.
Government not responsible for loss of or damage to document.
Forging stamps, &c.
Uttering, and possession.
Removing marks, and possession.
Penalties.
1999
Impounding unstamped documents.
Limit of prosecutions.
Repeal.
Suspending clause.
2002
[See order in Council 8th October, 1886.]
2003
[See Ordinance No. 1 of 1889 Schedule (I) 11.]

Abstract

1993

Preamble.
Definitions.
Document.
Material.
Execution.
Officers continued Office.
Subsidiary offices.
1994
Staff.
Duty payable under schedule.
Governor in Council may lower or abolish duties.
May make rules.
Penalties of non-stamping &c.
1995
Penalties for frauds.
execution out of Colony.
Unstamped documents not received in evidence.
Powers of Court.
1996
Powers of Collector.
Adjudication.
1997
Special stamps may be allowed.
Denoting stamp.
[33 and 34 Vict. c. 97 sect. 14.]
Cost of stamps.
Collector' acts revised by Governor.
1998
Appeal from Collector.
Refund of probate duty.
Government not responsible for loss of or damage to document.
Forging stamps, &c.
Uttering, and possession.
Removing marks, and possession.
Penalties.
1999
Impounding unstamped documents.
Limit of prosecutions.
Repeal.
Suspending clause.
2002
[See order in Council 8th October, 1886.]
2003
[See Ordinance No. 1 of 1889 Schedule (I) 11.]

Identifier

https://oelawhk.lib.hku.hk/items/show/503

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 16 of 1886

Number of Pages

15
]]>
Mon, 22 Aug 2011 18:02:12 +0800
<![CDATA[PEACE PRESERVATION ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/502

Title

PEACE PRESERVATION ORDINANCE, 1886

Description

Peace Preservation.

No. 16 of 1886.

An Ordinance entitled The Peace Preservation Ordinance, 1886.

[2nd June, 1886.]

BE it enacted by the Governor of Hongkong, with the advice of the
...L~ , Legislative Council thereof, as follows:-
PART I.

' Appointment of special constables.

1, Whenever it appears to the Governor that any tumult or riot Power to
ap-

point special
constables:

has taken place, or may be reasonably apprehended, and that the ordi-
nary officers appointed for preserving the peace are not sufficient for
the
preservation of the peace, it shall be lawful for the Governor to
authorize
any Magistrate to summon, by writing in-the form in schedule (A),
before him, any number of persons resident, or being then within the
ORDINANCE No. 15 0F 1886.

Peace Preservation.

Colony, then and there to be appointed and to act as special constables
within the said colony, so long as the said authority shall remain in
force.
Provided that, it shall be lawful for the said Magistrate, if it appears
to him upon the oath of any person that there is goad and sufficient
cause to believe that any, person intended to be appointed a special con-
stable is concealing himself in order to avoid service of the summons, or
that he is likely to disobey the same, to issue a warrant, in the form of
schedule (B) in the first instance far the purpose of bringing before
him persons so to be appointed. .
Power of 2,, Every special constable shall have the same powers for the
Special preservation of the peace, the prevention of offences, the
apprehension
of offenders, and for all other purposes, and the same privileges, pro-
tection, and immunities, as the members of the Police Forc(-en rolled
under the Police Ordinance,, except as to pay and pension, or other
reward, and shall be subjed to the orders of the Governor, ytloe Magis-
trates,- the Captain Superintendent of Police, and any one or more
Justices of the PeaceFfor the Colony' who shall be authorised by the
Governor to act in that behalf.
3. :Any person ~ required to serve as a special constable under this
Ordinance, who shall refuse, or otherwise omit without reasonable excuse,
to appear as special constable, shall be liable on ~ sunnnary conviction
thereof bya Magi.strate to imprisonment with, or without hard labour for
any term nottexceeding two months, or to pay. a penalty not exceeding
one hundred dollars, or to both.
4. Any person so appointed a' special constable, and called ui:)on to
serve, who, without reasonable excuse, shall reelect or.refuse to serve
and to obey such lawful orders and directioys as may be given to hi.rra
for the performance of the duties of his office, as provided in the third
E 44 second' as amended ~ Ordinance .11'0. ~9 n 1858, (repealed) and
by Ordinance No. 18 0,f 1890] . section of this ()rdinaace, shall, on
summary conviction before a Magistrate, be liable to imprisonment
with or_ without hard labour for any term rot exceeding two months, or
to pay a penalty not exceeding one hundred dollars, or to both': I'ro-
vided always, that no person shall be subject to any penalty underv this
section who shall be unable to perform the duties of a special constable,
by reason of old age, sickness, or other infirmity, proved to the catisf
ac-
tion of the said Macristrate.
ORDINANCE \'o. 1 5 uF 1886.

Peace nation.

PAST II.

Proclamations of the ..Peace.

5, Whenever it shall appear to be necessary for the preservation of
the public peace of the Colony, it shall be lawful for the Governor in
Council to declare by proclamation to be published in the. Gazette that
the said Colony shall be subject to the following provisions of this Ordi-
nance, and every such proclamation shall. remain in force until cancelled
by Government \TOtificati~_)n published in the Gazette.

63`.Vhenever Land whereverthe peace is beizzg brakes during the
~existencelof any proclamation under this Ordinance, it shall be lawful
far the hover nor, or Colonial Secretary or any Justice of the Peace, to
call anon all by-standers and persons in the vicinity to give their aid in
fire rV111a the peace and in apprehendinn persons breaking the peace,

~aever person without lawful excuse refusing or on aittinw to give

Y p n b

such - aid, shall be liable on conviction thereof to imprisonment with or
without hard labour for a term not exceeding three months; or to pay a

penalty not exceeding fifty dollars.

r. ~r

~~ '~; Whenever any persons tsha,ll be fouud~durig the existence of a
proclamation under dais Ordinance, unlarvfully, riotously, or tumult-
uously assembled to the disturbance of the peace and to the terror of
filer Majesty's subjects,, any Justice of the Pence may, in an audible
voice, warn such persons that they area,eting in contravention to law,
and require them to,~ disperse and depart to their habitations, or to
their
lawful business; apA- all persons rernainina so assembled, after such
warnina, may be dispersed and taken into custody by any officer or
constable of Police; or special constable, or by any other person actin;
under the orders of a Justice of the Peace, and shall be liable on sum-
mary convict~on before a Magistrate to imprisonment ~zth or without
hard labour for a term not exceed' ~ three months, ar to pay a penalty
not exceeding fifty dollars, and iny person or persons so warned to
disperse, shall be hurt, maimed, or killed in the dispersing, seizing, or
apprehending, or endeav ouririD to disperse, seize, or apprehend, the
persons hur ting; maiming, or killing hirn or them shall be free, dis-
charged,, and indemnified from the consequences, except on evidence of
gross carelessness, wantonness, or malice.

Proclamation
may be issued.

Assistance
from by-
standers.

Riotous

tzsserably.

Penalty.
Carrying

offences
against sec -
bona 6, 7, .

~Vjl~

ivhl

What. whip= -
ping may be
inflicted:

Power to enter
houses and. to

ORDiA'AhTCE. No' 15 oF~ 188.

Tease Preservation.

$. Durinb the continuance of any proclamation under this Ordi-
nance, it shall not be lawful for any person, unless in the employment of
Government, or unless authorized thereto by the Governor, to carry on
his person, or have in his possession, any arms or instruments 6pable of
being used as offensive arms, unless they be the tools of his trade, or
unless he can show that they are intended to be used for some lawful
purpose, of which the burden of proof shall lie on him, nor any ammuni-
tion for such arms or instruments. .

Justices I of It shall be lawful for any Justice of the Peace acting under
the
the . Peace
may search powers prescribed by the third ~' second' as amended by
6°dinance No.
hoses for
arms. 18 o f 1890] section of this Ordinance, to enter with or without a
written
warrant and with or without assistance, and to authorize any officer or
constable of Police, or special constable to enter with or without a
written
warrant, and with or without assistance, and using in either case force if
necessary, into any dwelling house or other building, and into any place
in which he may suspect that any such arms or instruments or ammuni-
tion may be, contrary to the provisions of this Ordinance, and such arms
and instruments or ammunition may be seized and confiscated.
Every person found carrying or havinb in his possession ally arms
or instruments or anarrlunition as aforesaid, except such as in respect to
their nature and quantity, and baving regard to his profession,
occupation,
and station in life, may reasonably be expected in the- opinion of the
-Magistrate to be in his possession, contrary to the provisions of this
Or-
dinance, shall be liable on summary convioticn before a Magistrate to a
fine not exceeding two hundredollars, or to imprisonment with or with-
ut hard Labour, for a period not exceeding six months, or, to both.

All persons remaining unlawfully, riotously, or tumultuously
assembled after having been warned by a Justice of the Peace iWder
section ?, and all persons found carrying arms contrary to the provisions
of section 8 in either case during the existence of any proclamation under
section 5, shall be liable to whipping, in place of or in addition to any
other penalty prescribed try this Ordinance.
Such whipping shall be inflicted with a ~ rattan not exceeding half-
an-inch in diameter, and shall not exceed thirty strokes.

'~ ~8. During the continuance of any proclamation under this Ordi-
nance, any Justice of the Peace, may * enter with or. without assistance,
or tray order any officer or constable of police, or special constable, or
ORDINANCE No. 15 of 1886.

Peace Preservation.

other person to enter without a warrant and with or without assistance,.
using force in either case if necessary, into any dwelling house or other,
building, or into any place in which he nay have reasonable cause to
suspect that persons lately riotously assembled or engaged on any un- .
lawful purpose, have made their escape, or in which he tray have reason- .
able cause to suspect that persons about to break the peace are assembled,
and may apprehend and take into custody the said persons, and every
person so arrested may be detained until he cal be conveniently brought
before a Magistrate to l a dealt with according to law.

~- .IL', Any person urlng tile continuance of any'` proclalliatlon Under
9f :,-;'t `- to stoi) trade.
this Ordinance; unlaw t111y combining to procure a. stoppag- Under
9f the salt;
-or transit from place to place of provisions or other articles,
oiinlawfull
-combinin(Y to procure shopkeepers, dealers, or otl:ier persons to
discontinue
the sale or transit from placo to place of provisions or other articles,
or
(j~revcnting or endeavouring to prevent any person from purchasing or
from being supplied with any such articles, shall, on summary conviction
Lthereo? before a 1VIagistrate be liable to imprisonment with or without
hard labour for any term not exceeding three niontlis, or to a fine not
-exceeding fifty dollars, or to both.

PART III.

Banishment.

19 9.1

12. Whenever during the existence of ally proclamation under this
Ordinance, it shall be represented by the Captain Superintendent of
Police t.o the Governor in Council, on written information, that the re-
moval from the Colony of any person not a natural born subject of Her
Majesty, whether such person shall have, been naturalized under the pro-
visions of any - Colonial Ordinance or not, is necessary for the public
safety, it shall be lawful. for the Governor in Council, if it shall
appear to
him after making such enquiry as to him, may seem sufficient, to be
necessary for the public safety that such person should be banished from

the Colony, to issue an order banishin such person from the Colony,
Banishment.
in such manner as to the -Governor in Council may seem expedient;
and the Governor may take such steps as may be necessary for carrying
into effect the said order of banishment in the manner prescribed; and
any person so ordered to be banished may be detained by order of the
Punishment:
~4Governor; in any place, or on board any ship in the waters of the
Colony,

Information.
8t atus of

ORDI~'ANCL No. 15 0F 1886.

Peace Preservation.

pending the carrying into effect of the order of banishment, and if he-
shall be found in the Colony after the time fixed for his departure in the
order of banishment, which shall in no case ba less then seven days froni
the date of the order, he may be arrested without warrant by any Justice
of the Peace or officer or constable of Police and shall, on beinb brouohG
before a Magistrate be liable to a fine not exceedincr five hundred
dollars,
and shall be liable to be detained in such prison or place on short, or on
board such ship, in the Colony, as the Governor may appoint, until his
banishment from the Colony can main be carried. out in the manner.
hereinbefore provided; and if it shall appear that any parson so ordered

to be banished is a naturalized British subject as aforesaid, the
banishment shall further declare the status of naturalization
person to be suspended; such suspension being subject to confi
or disallowance by Her Majesty, through one of Her Majesty's P

Secretaries of State, and such confirmation or disallowance of sue
shall be published in the Government Gazette of the Colony.

Report to Every order of banishment made under this Ordinance s
seexetayy af
State., fcirtlmit'h reported by the Governor to Her AZajesty's Principal S
,
State for the Colonies.
The provisions o this section shall not be construed to li
howers id relation to banishment conferred on the Governor in
under Ordinance 8 of 1882.

13.To person acting in food faith under the provisions

Ordinance shall be liable in darnaaes or otherwise for airy act done
in pursuance of the obligation and duty imposed or reasonably su
to be imposed on him by this Ordinance'.

Schedule (A.)

SUMMONS.

To

WHEREAS His Excellency the Governor has authorized the appoiw
special constables in this Colony, and whereas you are appointed to be a
special
in this Colony.

These are therefore to require you to attend at the Police Court in thi;
(instanter, or at o'clock on instant), there` enrolled as
constable, under Ordinance No. of 18 , and herein fail not.

Given at this day of 188

rcler of
f such
motion
incipal

order

call be
cretary

it any -

-I

of this
hy him
pposecl

meet of
onstable

Colony
a special
Ordinance No. 15 of 1886.

Peace Preservation.

Schedule (B.)
WARRANT.

Captain Superintendent of Police, and alt Police officers.

WHEREAS His Excellency the Governor has authorized the appointment of
.special constables in this Colon, and whereas A 13 has been appointed to
be a special
constable in this Colony.

These are therefore to require you t.o bring before a Police Magistrate,
in this

Colony, the said .r! F3 (instanter)
:under Ordinance No. of 18

Given this

there to be enrolled as a special constable,

Magistrate.

..~.\orE.--Parts lI y LII were brought into force by proclamation under
section 5 of the
26th April, 1888, see Gazette of same date: which p7oclaination was
eanCelled in Goicrrtvxent natvlcntiore of 2nd June,. 2888. See Gazette qf*
the same date.

!'he notificatian erronca2cslJ refers to the proclamation pz1blished in
Gazette
of the 26th it ltiaatas i. c. May.
1987

Power to appoint special constables.
1988
Power of special constables.
Penalty for refusing to appear.
Penalty for refusing to act.
Proviso.
1989
Proclamation may be issued.
Assistance from by-standers.
Riotous assembly.
Warning.
Penalty.
1990
Carrying arms.
Justices of the Peace may search houses for arms.
Penalty.
Offences against sections 5, 7, and 8.
Whipping.
What whipping may be inflicted.
Power to enter houses and to arrest.
1991
Combination to stop trade.
Information.
Banishment.
Punishment.
1992
Banishment.
Status of naturalization.
Report Secretary of State.
Indemnity.
[* to be]
1993

Abstract

1987

Power to appoint special constables.
1988
Power of special constables.
Penalty for refusing to appear.
Penalty for refusing to act.
Proviso.
1989
Proclamation may be issued.
Assistance from by-standers.
Riotous assembly.
Warning.
Penalty.
1990
Carrying arms.
Justices of the Peace may search houses for arms.
Penalty.
Offences against sections 5, 7, and 8.
Whipping.
What whipping may be inflicted.
Power to enter houses and to arrest.
1991
Combination to stop trade.
Information.
Banishment.
Punishment.
1992
Banishment.
Status of naturalization.
Report Secretary of State.
Indemnity.
[* to be]
1993

Identifier

https://oelawhk.lib.hku.hk/items/show/502

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 15 of 1886

Number of Pages

7
]]>
Mon, 22 Aug 2011 18:02:12 +0800
<![CDATA[DOMINICAN MISSION INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/501

Title

DOMINICAN MISSION INCORPORATION ORDINANCE

Description


No. 14 of 1886.

An Ordinanee entitled An Ordinance for the Incorporation of the
Procurator, in Hongkong, for the Dominican Missions in the
Far East.

[7th May, 1886.]

~VE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :---

1. 'rile Very Reverend FERNANDO SAIZ the Procurator in Hon-

ong, for the Dominican Missions, (also known in the Colony of Hon-

konb _ as the Spanish Missions, in China acrd 'fonquin) and holding the

=' ti

Doin nent of the Procurator, in Honbkong, for the said Missions in the

'Rule respect-
ing sale
subject to
right of
seller to bid
he nia~
think proper.
(Ibid. § 5.]
Practice of
opening
biciclings, by

C'ov~t . _
order of

except °u
ground of
fraud t° be
discontinuud..
[ zaz(a. § r>>. ]

Court; &c.
in other
~~espects ` -

excepted fro&,operation of
Ordinance.

[Ibid..§ 7.] f

Procurator
in Hongkong,
for the

Dominican
:Vlissious in:-- -
the Nay East_
to be a..ii:.

far East and..his successors holdinb the said appointment and having '
'l'°late;:
Ol?'DINANCE No.. 14 OF 18,86.

.Dominican Mission. Incorporation.
placed in the hands of the Governor satisfactory proof of his appointment
for the tune being shall be a body corporate (hereinafter called the said
corporation) and shall for the purpose of this Ordinance have the name
of ' The Procurator, in Hopgkona, for the Dominican Missions in the
has East' and by that name shall have perpetual succession and shall
and may sue and be sued fire all Courts of Justice and before all
Magistrates
w in this Colony, and shall and may have and use a common seal, and the
said seal may from time to time break, change, alter, and snake anew as
to the said corporation may seem fit, and the said corporation shall have
full power to acquire, accept leases of, purchase, take, hold, and enjoy
any land, buildings, zn.essuages, or tenements of what nature or kind
socver and wheresoever situate in the Colony of Hongkong and also to
invest moneys on mortgabe of any lands, buildings, me ssuages or tene-
ments in the said Colony or. upon the mortgages or debentures, stock,
funds, shares, or securities of any corporation or company carrying on
business or having an office in the said Colony, and also to purchase and
acquire all manner, of goods and chattels whatsoever, and the said
corpora-
tion is whereby further empowered from time to time by deed or deeds
under its seal to grant, sell, convey, assign, surrender and yield up,
ryortgage, demise, re-assign, transfer or otherwise dispose of any lands,
buildings, messuages, and tenements , mortgages, debentures, stock, funds
and securities, ,goods and chattels by this Ordinance vested, or that mar
hereafter be vested in the said corporation upon such terms as to the said
corporation may seem fit provided that dug notice of such appointment
as Procurator in Hongkong and of the proof thereof having been placed
in the hands of the Governor shall be given in the Government Gazette
and such notice shall be sufficient evidence of the said appointment and
e
of proof .thereof laving been made.

L~x~S; s~.: 2. The lends, buildings; niessuages and 'tenements situate
lying and

ii°w created iu' - w.

vthe`Reverena being within the Colony of Hongkong and all mortgages,
debentures,
l~tla~x S,e.xNz - . r, r a :aiid the late stocks, funds and securities;
goods and chattels in the said,Colony at the
RIVAS, Right time of the passing of this Ordinance vested or purporting to
be vested
Reverend.
PAYo, Revd. in the said Very Reverend FERNANDO SAmz in his own right or as
trustee
Reveirend' for or Procurator in Hongkong of the said Dominican Missions,
or in the
n arne of the late Reverend rnAYclsco RI-YAS Reverend FEnno PAYo
ztxA,ZIEwea~ud ~ ,
I=TERCE; and
Reverend Reverend Rt1MO~1' REIXACIi, Reverend G~EGORIO Li-CHEYARRIA,
Reverend
IiITR,1V'O t° be,
r',RANCISCO HE1tCE and Reverend GUILLERMO BuRNU respectively a~:
be vested in, ~

the corpora- , trustees for the said missions, and all movies, securities
for money, goods,
Ordinance No. 14 of 1886.

Dominican Mission Incorporation.

chattels, and effects whatsoever, the property of the said missions or
purporting so to be are hereby transferred to and vested in the said
corporation, but subject as regards the said lands, buildings, messuages
and tenements to the payment of rents and the observance and perform-
ance of all the covenants, conditions and reservations contained in the
Crown leases or under leases or mortgages under which the said lands,

'buildings or tenements are now or may hereafter be respectively held.

3.. All deed' and other instruments requirin0 the seal of the said gow
the seal
corporation shall be sealed with the seal of the said corporation in the
i~ to be Used.
presence of the Very Reverend hFRNnsno SAINZ or his attorney duly
:authorised or in the presence of any his successor holding the
appointment
of Procurator, in Ilonahona, for the Dominican Missions in the Far East,
or his attorney duly authorised and shall also be sio-re,l by the said
Very
Reverend FERNANDO SAwTz7 or his said attorney or by ,his said successor
or his said attorney.
4. Nothing ,herein contained shall affect or be deerne.l to affect the
nuants of tnc
crow re.
rights of Her Majesty the queen, her heirs or successors, or of any
bodies Served.
politic, or corporate, or other persons, except such as are mentioned ire
this Ordinance, and those claiming, by, from, or under them.
1985

Procurator in Hongkong, for the
Dominican Missions in the Far East to be a body corporate.
1986
Lands, &c., now vested in the Reverend Father SAINZ and the late Reverend PAYO, Revd. REIXACH, Reverend ECHEVARRIA, Reverend HERCE, and Reverend BURNO to be vested in the corporation.
1987

How the seal is to be used.
Rights of the Crown reserved.

Abstract

1985

Procurator in Hongkong, for the
Dominican Missions in the Far East to be a body corporate.
1986
Lands, &c., now vested in the Reverend Father SAINZ and the late Reverend PAYO, Revd. REIXACH, Reverend ECHEVARRIA, Reverend HERCE, and Reverend BURNO to be vested in the corporation.
1987

How the seal is to be used.
Rights of the Crown reserved.

Identifier

https://oelawhk.lib.hku.hk/items/show/501

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 14 of 1886

Number of Pages

3
]]>
Mon, 22 Aug 2011 18:02:12 +0800
<![CDATA[SALE OF LAND BY AUCTION ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/500

Title

SALE OF LAND BY AUCTION ORDINANCE, 1886

Description

Sale of Land by Auction.

No. 13 of 1886.

An Ordinance entitled An Ordinance to amend the Law as to
Sales of Land by Public Auction.


[7th May, 1886.]

able to assirnilaa,te the law of the Colony to the,
law of Enatand relating to the sale of land by public auction ;
Be it enacted by the Governor of Honakoncr, with the advice of the
Le(rislztive Council thereof. as follows :-

~1o>>t tz>e. 1. This Ordinance may be cited for all purposes its The Sale
o, f Leznd
''s C~u ~; .m.v.
~. 4s, § 1.~.Ly Azteticn Ordinance, .T886.'

wCOmmence-

°ftyent of

`= = Ordnance.

~-`:'Xrir~reta-

'~;ton; of teLrn ,

y .zbi~: § 3.1 Ihnd, whether in lots or otherwise:

2, This Ordinance shall commence and take effect on a day to be

proclaimed by the Governor.

`3. Auctioneer shall mean any person selling by public auction any..

Land shall mead any interest in any messuages, lands, or tene-
meats of whatever tenure within the Colony.

Mile 4. The hnr~tic~ulars or conditions of sale by auction of a,ny:land
shall
res~ectti;~ ' state wIzet,her such land will be sold without reserve; or
subject to a re=
gales ~tl~aut-
rGServE. served price, or whether a right to bid is reserved. If it isstated that
such land will be sold without reserve, or to that effect, then it shall not
Ordinance No. 13 of 1886.

Sale of Land by Auction.

be lawful for ,the seller to employ any person to bid at such sale, or for
the auctioneer to take knowingly any bidding from any such person.

5. Where ally sale by auction of land is declared, either in the
particulars or conditions of such gale, to be subject to a, right far the
seller to bid; it shall be lawful for tloe. seller or any one person on
his
behalf to bid at such auction in such manner as be may think proper.

6. NO ope11111a of the hiddings on any sale by auction of land
under or by virtue of any order of the Supreme CourtCourt, of Honzgkong
shall, from and after the c~omniencemeut of this Ordinance, be allowed,
and the hilliest bona fide bidder at suelz~sale, provided be shall have
bid
<a. surn equal to or higller than the reserved price (if any), shall be
declared acrd allowed the purchaser, unless tire Court or Judge shall, on
the ~roLllld of fraud or improper conduct in the manaaelnent of the sale,
upon the application of any person interested in the land (such applica-
tion to be made to the Court 'or Judge before the (ae(,istrar's
certificate
of the result of tire sale shall lave become binding), either open the
hidding,s, lloldincr such binder bound by his biddirr-; or discharge hilri
from being the purchaser, andp brder the land to be re-sold upon such
terms as to costs or otherwise ors the Court or Judge shall think~fit.

7. Except 'as aforesaid, nothing in this Ordinance contained shall

effect any sole of land made under or by virtue of any order of the
supreme Court or of any other Court lraving jurisdiction within the
(colony. _

[In force ,from 1211, July, 1886, 2mdex° pwlariaution of the. 10th July,
1886.
1984

Short title.
[30 & 31 V. c. 48, s. 1]
Commencement of Ordinance.
[Ibid. s. 2.]
Interpretation of terms.
[Ibid. s. 3.]
Rule respecting sales without reserve.
[Ibid. s. 4.]
1985
Rule respecting sale subject to right of seller to bid as he may think proper.
[Ibid. s. 5.]
Practice of opening biddings, by order of Court except on ground of fraud to be discontinued.
[Ibid. s. 6.]
Supreme Court, &c. in other respects excepted from operation of Ordinance.
[Ibid. s. 7.]

Abstract

1984

Short title.
[30 & 31 V. c. 48, s. 1]
Commencement of Ordinance.
[Ibid. s. 2.]
Interpretation of terms.
[Ibid. s. 3.]
Rule respecting sales without reserve.
[Ibid. s. 4.]
1985
Rule respecting sale subject to right of seller to bid as he may think proper.
[Ibid. s. 5.]
Practice of opening biddings, by order of Court except on ground of fraud to be discontinued.
[Ibid. s. 6.]
Supreme Court, &c. in other respects excepted from operation of Ordinance.
[Ibid. s. 7.]

Identifier

https://oelawhk.lib.hku.hk/items/show/500

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 13 of 1886

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:11 +0800
<![CDATA[BILLS OF SALE ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/499

Title

BILLS OF SALE ORDINANCE, 1886

Description

Bills of Sale.

No. 12 of 1880.

An Ordinance to consolidate and amend the Law for preventing

Frauds upon Cxeditors by Secret Bills of Sale of Personal

Chattels.

[ 7th May, 18uo6. ]

E it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as foilows :---

~Shozt title. 1. 'this Ordinance may be cited for all purposes as The
Bills of Sate
Ordinance, .T 886.
2. This Ordinance shall commence and come into operation on a
day to be named by the Governor, and shall apply to every bill of sale
executed after such commencement (whether the same be absolute, or
subject or not subject to any trust), whereby the holder or grantee has
power, either with or without notice, and either immediately or 'at any
future time, to seize or take possession of any personal chattels within
the Colo.ny~ comprised in, or made subject to such bill of sale.
3. From and after the commencement of this Ordinance the Bills
of Sale Ordinance, N0. 10 of 1864, shall be repealed: Provided that
(except as is herein, expressly mentioned with respect to construction,
a rid with respect to renewal of registration) nothing in. this Ordinance
shall affect ` any bill of sale executed before the commencement of this
Ordinance, and as retards bills of sale so executed the Ordinances
hereby repealed shall continue in force.
Any renewal after the commencement of this Ordinance of the
`,registration of a bill of sale executed before the commencement of this
Qrdinance, and registered under the Ordinance hereby repealed; shall be
~ade under this Ordinance in the same manner as the renewal of a
registration made under this Ordinance. _.
4. In this Ordinance, the following words aid expressions shall
have the meanings in this section assigned to them respectively, unless
;,there be something in theJ subject or context repugnant to such con-,
struction ; that is .to say:-

The.
expression .Bill of Sale shall include bills of sale, assign-
mentstransfers, declarations of trust without transfer, .
inventories of goods with receipt thereto attached, or
receipts for purchase moneys of foods, and other assurances
ORDINANCE N©. 12 of lass.

Bills nf sate.

of personal chattels, and also powers of attorney, author-
ities, or licences to take possession of personal chattels as
security for any debt, and also any agreement, whetherv
intended or not to be followed by the execution of any
other instrument, by ' which a right in equity to any
personal chattels, or to any charge or security thereon,
shall be conferred, but shill not include the following,
documents; that is to say, assignments for the benE:.fit of
the creditors of the person making or giving the same,
marriage settlements, transfers or assibarments of any ship
or vessel or any share thereof, transfers of bands in the
ordinary course of business of any. trade or calling, bills
of sale of goods in foreign parts*or-at sea, bills of ladiy,
India warrants, warehousekeepers' certificates, warrants
or orders for the delivery of goods, or any other documents
used in the ordinary course o£ business as proof of the
possession or control of goods, or authorising, or ` purpart-
inno; to authorise, either by indorsernent or by delivery,
the possessor of such document to transfer or receive foods
thereby represented : Provided always that in, the con-
struction of sections 8, 1.0, (sub-section 1), 12, W, 14, 15,
16, 17, I s, 19, 23, of this Ordinance, the said expression
shall not include bills of sale or other instruments herein-
before mentioned which may be given otherwise than by
way of security for tile payment of money.

'fhe.expression Personal Chattels shall mean goods, furniture,
and 'other articles capable of complete transfer by delivery,
gild ( when separately assigned or charged) fixtures and.
growing crops, but shall not include fixtures (except trade
mach,ery as hereinafter defined), when assigned together
with zany interest in any land or bUildinb to which they
ire affixed, nor growing crops when assigned together
with any interest in the land on which they brow nor
shares or interests in the stock,. funds, or securities of any
Government, or in the capital or property of incorporated
or joint stock companies, nor chores in action, nor any

stock or produce -upon any farm or lands which by virtue
of any covenant or abreement. ought not to be removed
ORDINANCE No, 12 of 1886.

Bills of &le.

from any farm where the same are at the time of making
,
or diving of such bill of sale:-

Personal ,
chattels shall be deemed to be in the apparent pos-
session of the person making or giving a bill of sale, so
long as they remain or are in or upon any house, mill,.
warehouse, building, works, yard, land, or other premises,
occupied by him, or are used and enjoyed by him in any
place whatsoever notwithstanding that formal possession
thereof may have been taken by or liven to any other
person :---

l?egistrar shall mean the Registrar of the Supreme Court or his
deputy:

Affidavit shall include any affirmation or declaration of any
person by law allowed to make. an athrma,tion or declara-
tion in lieu of an affidavit.

. 1'rescribed means prescribed by rules made under the provision s
of this Ordinance. .

5. From and after the cominencement of this Ordinance, trade
machinery shall, for the purposes of this Ordinance, be deemed to be
personal chattels, and any mode of disposition of trade machinery by the
6wner thereof, which would he a bill of sale as to any other personal
chattels, shall be deemed to be a bill of sale within the meaning of this
Ordinance.

For the purposes of this Ordinance,--

'. Trade machinea°,y means the machinery used in or attached to

any factory or workshop, r

I st. Exclusive of the fixed motive-powers, such as the watcr-
. . wheels and steam engines, and the steam-boilers, donkey
engines,, and other fixed appurtenances of the said motive-
powers; and,

2nd. Exclusive of the filed power machinery, such as the
shafts, wheels, drams, and their fixed appurtenances, which.
transmit the action of the motive-powers to the other ma,-
chinery, fixed and loose; and,
3rd. Exclusive of the popes for steam, gas; and water in the
factory or workshop.
Q1DINA'.CE . No. 12, 0ir1$x6.

Rills of Sale.

The machinery or effects excluded by this section from the definition
,of trade machinery shall not be deemed to be personal chattels within the

meaning of this Ordinance.

Factory or workshop means any premises on -whicll any manual
labour is exercised by way of trade, or for purposes of gain,
in or incidental t o the following purposes or any of them,
that is to 'say,
' r

~(a.) In or incidental to the making any article or part
of an article; or

(G.) In or'incidental to the altering, repairing, finish-
ing, of any article; or

(c. ) In or incidental to the adapting for sale any
article.

E3, Every attornlnent, instrument, or agrec'lnent, not hc:ing a mining
lease, whereby a poorer of distress is liven or agreed to be riven by any
person to any other person by way of security for any present, future, or
contingent debt or advance, and whereby any rent is reserved or made
payable as a mode of providing for the payment of~interest on such debt
-or advance, or otherwise for the purpose of such security only, shall be
~deelned to be a bill of sale, within the meaning of this -Ordinance of
any
personal chattels which may be seined or taken under such power of
distress.

Provided, that nothing in this section shall extend to any mortnga0ge
of anw estate or interest in any land or tenement which the mortgagee,
being in possession, shall have demised to the mortgagor as his tenant at
.a fair and reasonable rent.

7. 1\ © fixtures or 9rowing crops shall he deemed, under this Ordi-
nance, to be,separately assigned or churned by reason only that they are
.assigned by separate words, or that poorer is given, to sever them from
the land or building to which they are affixed or from the land on which
they, brow without otherwise taking possession of or dealing with such
land or building, or land, if by the same instrument any leasehold
interest
in the land or building, to which such fixtures are affixed, or in the
land
,on which such crops grow is .also'conveyed,or, assigned to the same

:~)ersons or_ person.

Certain in-
struments giv-
ing powers of
distress to he
subject to thu
ordinance.
t4l and 42 v.

Fixtures or
growing crops
not to be
deemed sepa-
rately assign-
ed when the
land passes by
the same in-
strument.
(41 and 42 V.
c. 31, s, i .]
CE vr''O. 1Z OF 1886.

,Bills of Sale.

The same rule of construction shall be applied to all deeds or instru-
ments, including fixtures or growing crops, executed before the commen-
cement of this Ordinance and then subsisting and in force, in all
questions
arising urider any bankruptcy, liquidation, assignment for the benefit of
creditors, or execution of any process of any Court, which shall take
place
or be issued after the commencement of this Ordinance.

Bill ~f- sale to $. Every bill of sale shall be duly attested and shall be
registered
die void- uu- ,~.
leggy attested within seven clear days after the execution thereof', or if
it is' executed in
i~' register' any place out of the Colony then within seven clear days
after the time
C45 and 46 v' at which it would in the course of post arrive in the Colon
if posted

r. ~ 3, ~. s.1 p Y 1

immediately after the execution thereof, and shall truly set forth the
consideration for which it was given; otherwise such bill of sale shall be
void in respect of the personal chattels comprised therein.

Avbwa;neE of ~. where a subsequent bill of sale is executed within or on
the:
eertain dupli-
GW bills of expiration of seven days after the execution of a prior
unregistered bill
gale.

C~ 'and 42 _ 7 , of sale, and comprises all or any part of the personal
chattels comprised in

itch prior bill of sale, then, if such sr.~bsequent bill of sale is given
as
A . security for the sarxie debt as is secured by the prior bill of sale,
or for
~7kaxay part of such debt, it shall; to the extent to which ~it is a
security
`for the, same debt or part. thereof, arid so far as respects the personal
chattels or part thereof comprised in the prior bill, be absolutely void;
unless it is proved to the satisfaction of the Court having cognizance
of the case that the subsequent bill of sale was bond ,fide given for the
purpose, of correcting some . material error in the prior bill of sale,
and
110t for the purpose of evading this Ordinance.

Mode of
a°eg3stering. ;:
E4.x~ aa; 2 v.srvlo. 4, U c.

&

46 V., 6. 43,

10. A bill of sale shall be attested and registered under this Ordi-
nance in the following manner :--- .

~~..?~ 'rlae execution of ec~ery bill of sale by tile grantor shall be
attested by one or more credible witness or witnesses.
not being a party or parties thereto.

( 2. ) Such hill, with every schedule or inventory thereto annexed
or therein referred to, and also a true copy of such bill
and .4 every such schedule or inventory, and of every
. attestation of the execution of such bill of sale together
With an affidavit of the time of such krill of sale being
made or given, and of its due execution and attestation,
ORDINANCE No. 12 of 1886.

Bills of Sale.

and a description of the residence and occupation of the
person making or giving the same (or in case the satire
is made or given by any person under or in the execution
of and process, then a description of the residence and
occupation of the person against whom such process
issued),, and of every attesting witness to such bill of
sale, shall be presented to arid the said copy and affidavit
shall be filed with the Registrar within seven clear days
after the inahing or giving of such bill of sale.

(3.) If the bill of sale is made or given subject to any defeasance,
or condition, or declaration of trust not contained in the
body thereof, such defeasance, condition, or declaration
shall be deemed to be part of the bill, and sh,,tll be written
on the same paper or parchment therewith before the
registration, and shall be trul3? set forth in the copy filed
under this Ordinance therewith and as part thereof,
otherwise the registration shall be void.

In case two or more bills of sale are given, comprising in whole, or
in part any of the same chattels, they shall have priority in the order
of the date of their registration respectively as regards such chattels.

A transfer or assignment of a, registered bill of sale need riot be
registered.

11. The registration of a bill of sale, whether executed before or
1
after the commencement of this Ordinance, mist be renewed once at least
every five years, and if a period of five years elapses from the
registration
or renewed registration of a, bill of sale without a renewal or further
renewal (as the case may be), the registration sball become void.

The renewal of a registration shall 1.>e effected by filing with.
the Registrar an affidavit stating the date of the bill of sale and of
the last
registration fhereof, and the natnes, residences, and occupations of the
parties thereto as stated therein, and that the bill of sale is still a
sub-
sisting security.

Every such affidavit may be in the form set forth in the schedule
A hereto.
4 .
A renewal of registration shall not become necessary by reason only
of a =transfer or assignment of a bill of sale.

Renew al of
registration,
(4l & 42 v. c.
31, s. al.1
of sale' to,
iave schedule

=` -of property..
attached.

[45 & 40 V. c.

Q RDINANC I~; No. 1 2 of 1886.

Bills of Sale.

12. Every bill of sale shall have annexed thereto or written there-
under a schedule containing an inventory of the personal chattels com-
prised in the hill of sale; and such bill of sale save as hereinafter men-
tioned, shall have effect only in respect of the personal chattels
specifically
described in the said schedule, and shall be void except as against the
grantor in respect of any personal chattels not w specifically described.

Bill of sale 13: Save as hereinafter mentioned, a hill of sale shall be
void ezcept-
xiot to affect

:after acquired as against the grantor in respect of any personal
chattels specifically de-

oroperty. .

~4s & 46 v. c. scribed in the schedule thereto of which the grantor was
not the true

`4s' s' C'' owner at the time of the execution of the bill of sale.

Exception as 14. Nothing hereinl)efore contained shall render a bill of
sale void
to certain,
`.thing. in respect of any of the following things, (that is to say) :-
r3~ ~ s~J (1. ) Any growing crops separately assigned or charged where
such crops were actually growing at the time «=hen the
bill of' sale teas executed.

T;3u` of sale
~tvi~fi power ~ta
`seize egeept
is certain--'
events to he
''vbid.
bid. s: 7:]

(2.) .Any fixtures separately`assigned or charged and any plant
or trade machinery where such fixtures plant or trade
machinery are used in attached to or brought upon any
land, farm, factory, workshop, shop, house, warehouse,
or other place in substitution for any of the like, fixtures,
plant or trade machinery specifically described in the
schedule to such bill of sale.

15. Per sonal chattels assigned under a bill of sale shall not be. liable
to be seized or taken possession of by the ~ra,ntee for any other than the
'following causes:--

(1. ) ~ If the grantor shall make default in payment of the suns
or surrs of money thereby secured at.the time herein.
provided for payment or in the performance of any
covenant or agreement contained in the bill of sale and
necessary for trainta,ining the security-;

( 2. ) I f the grantor shall become a branhnupt or suffer the said
goods or any of thorn to be distrained for rent, rates or
taxes ;

(03.j If the grantor shall fraudulently either remove or st'ffer
the said goods or any of them to be removed from the
premises;
ORDINANCE \o. 1-0 of 1886.

Bills of Sale.

(4.) If the grantor shall not without reasonable excuse upon
demand in writing by the grantee produce to him his
last receipts for rent, rates and taxes;

( 5.) , If execution shall have been levied. against the goods of
the grantor under any judgment at law ;

Provided that the grantor may within five days from the seizure or taking
possession of any chattels on account of any of the above mentioned
causes apply to the Court or to a. Juagc; thereof in Chambers, and such
Court or Judge 4 satisfied that by payment of money or otherwise the
said cause of seizure no longer exists, may restrain the grantee from
removing or selling the said chattels or may make such other order as
may seem just.

v

16. A bill of sale made or (riven by 'way of security for the payment
Forin of hill
of money by the grantor thereof shall be void unless made in accordance
~~ & .

[46 & , 46 V.

with the form in the schedule B hereto. ~ 43' S' a' j

I'7. Every bill of salennade or given in consideration of any sum
under one hundred and fifty dollars ,shall b4 void. '

18. All personal chattels seized or of which possession is taken after
the commencement of this Ordinance under or by virtue of any bill of
sale (whether registered before or after the commencement of this Oldi»
nance) shall remain on the premises where they were so seized or so
taken possession of and shall not be removed or sold until after the expi-
ration of five clear days from the day they were so seized or so taken
possession of-.

19. A bill of sale to which this ordinance applies shall be no protec-
tion in respect of personal chattels included in such bill csale which but
for such bill of sale would have been liable to distress under a warrant
or
order, for the recovery of taxes and rates,

20. The Registrar shall keep a book (in this Ordinance called ' the

Bill of sale
under $150
to be void.
[45 & 46 V.
4:s; s. 12.E .

Chattels not

to X18 reIIlOVed

-

or sold.
[Ibid. s. 13.'[

Bill of sale
not to protect
chattels
against taxes
and rates.
[Ibid. s. I4:]

corm of

register') for the purposes of this Ordinance, and shall, upon the filing
of any bill of sale or copy under this Ordinance, enter therein in the
form [41 & 42 V.

31' $'S t''~

set forth in the schedule C hereto, or in any other prescribed form, tine
name, residence, and occupation of the person by whom the bill was made

or given (or in case, the same was made or given by any person under or `

in the execution of process, then the name, residence, and occupation of
ORDINANCE No. 12 of 1856.

Bills of Sale.

the person against whom such process was issued, and also the name of
the person or persons to whom or in whose favour the bill was given),
and the other particulnrs shonw in the said schedule or be prescribed
under this Ordinance, and shall number all such bills registered in each
year consecutively, according to the respective dates of their registration.
Upon the registration of any affidavit of renewal, the like entry shall
be made, with the addition of the date and number of the last previous
entry relating to the same bill, and the bill of sale or copy originally filed
shall be thereupon marked with the number affixed to such affidavit of
renewal.
The Registrar shall also keep an index, the names of the grantors
of registered bills of sale with reference to en lies, in the register of the
bills of sale given by each such grantor.
Such index shall be arranged in divisions corresponding with the
letters of the alphabet, so that all grantors whose surnames begin with
the same letter and no others) shall be comprised in one division, but
the arrangement within each such division need not be strictly alphabet-
ical.
21. Any Judge of the.Supreme Court, on being satisfied that the
omission to register a bill of saIe or an a affidavit of renewal thereof within
thie time prescribed by this Ordinance, or the omission or misstatement
of the name, residence, or occupation of any person, was accidental or
due to inadvertence, may in his discretion order such omission or mis-
statement to be rectified by the insertion in the register of the true name,
residence; or occupation, or by extending the time for such registration
on such terms and conditions (if any) as to security, notice by advertise-
ment or otherwise, or as to any, other matter, as he thinks fit to direct.

22. Subject to and in accordance with any rules to be made under
and for the purposes of this Ordliance, the Registrar may order a memo-
randum of satisfaction to be written upon any registered copy of a bill of
sale, upon the prescribed evclence being given that the debt (if any) for
which such bill of sale was made or given has been satisfied or discharged.

23. Any person shall be entitled to have an office copy or extract
of any registered bill of sale and affidavit of execution filed therewith, or
copy thereof, and of any affidavit filed therewith, if any, or registered
affidavit of renewal, upon paying for the sarne at the like rate as for
office copies of judgments of the Supreme Court, and any copy of a
ORDINANCE No. 12 OF 1886.

Bills of Sale.

registered bill of sale, and affidavit purporting to be an office copy thereof,
shall in all Court's and before all arbitrators or other person, be admitted
as prima facie evidence thereof, and of the fact and date of registration as
shown thereon. Any person shall be entitled at all reasonable times to
search the register upon payment of 25 cents subject to such regulations
as may be prescribed and shall be entitled at all reasonable times to
inspect, examine and make extracts from any and every reigstered bill of
sale without being required to make a written application or to specify
any particulars in reference thereto upon payment of a fee of 25 cents for
each bill of sale inspected. Provided that the said extracts shall be
limited to the dates of execution, registration, renewal of registration and
satisfaction, to the names, addresses and occuptions of the parties to the
amount of the consideration, and to any further particulars prescribed by
any rules made under the provisions of this Ordinance.
24. Every affidavit required or for the purposes of this Ordinance
may be sworn before the Registrar or before any commissioner empowered
to administer oaths in the Supreme Court.
Whoever wilfully makes or uses any false affidavit or declaration
for the purpose of this Ordinance shall be deemed guilty of wilful and
corrupt perjury.

25. The fees hereunder stated and such other fees as may be
hereafter prescribed shall be paid to the Registrar who shall account for
the same in like manner as is now done with respect to other fees received
by him,by virtue of his office, viz.

On filing a bill of sale, ................ 50 cents.
On filing the affidavit of execution of a bill
of sale ........................................50 cents.
On the affidavit used for the purpose of
re-registering a bill of sale (to include
the fee for filing), ........................$1.25
For an official cerificate of the result of a
search in one name in any register or
index under the custody of the Registrar
of bills of sale, ...........................$1.25
For every additional name, if include in the
same certificate, .......................$50 cents.
ORDINANCE No. 12 OF 1886.

Bills of Sale.

For a duplicate copy or certificate if not more
than three folios, .......... ... 25 cents.
For every additional folio, ...12 cents.
For a continuation search if made within 14
days of date of official certificate (the
result to be endorsed on the certificate), 25 cents.

26. Rules for the purposes of this Ordinance may be made and
altered from time to time by the like persons and in the like manner in
which rules may be made under and for the purposes of the Supreme
Court under section 24 of Ordinance No. 12 of 1873.
Until altered, added to, or annulled the rules contained in schedule
D hereto shall be the rules under and for the purposes of this Ordinacne.
27. When the time for registering a bill of sale expires on a Sunday
or other day on which the offices of the Supreme Court are closed, such
registration shall be valid of made on the next following day on which
the office is open.
28. Nothing in this Ordinance shall apply to any debentures issued
by any mortgage, loan or other incorporated company and secured upon
the capital, stock or goods, chattels and effects of such company.

--------------
SHCEDULES.
(A.)
I, (A. B.), of do swear that a bill of sale, bearing date the day of
18 (insert date of bill) and made between (insert names and desciptions of
the parties in the original bill of sale) and which said bill of sale (or and a copy of which
said bill of sale, as the case may be was registered on the day of
18 (insert date of registration) is still a subsisting security.
Sworn &c.

--------------
SHCEDULES.
(B.)
This indenture made the day of between A. B. of of
the one part and C. D. of of the other part, witnesseth that in consideration
of the sum of $ now paid to A. B. by C. D. the receipt of which sum the said
A. B. hereby acknowledges (or whatever else the consideration may be), he the said A. B.
doth hereby assign unto C. D., his executors administrators and assigns, all and
singular the several chattels and things specifically described in the schedule hereto

uses of this Ordinance.

~.le empires on a Sunday
e Court are closed, such

followin0 day on which

ly, to any debentures issued
a. company and secured upon
d cts of such compRny.

S.

li of sale, bearing date the day of

etR-een (insert names and descriptions of
h said bill of sale (or and a copy of which

st.ered on the day of

stilt a subsisting security.

between A. B. of of

the other part, witnesseth that in consideration
F o A. B. by C.D. the~receipt of which sum the said
ver else the consideration may be), he the said A. B.
i-s executors administrators'. and assigns, all and
;hinge .specif eally described in the schedule hereto
ORDINANCE No. 1 2 of 1886.

.Bills of Sale.

annexed by way of security for the payment of the sum of and interest
thereon
at the rate of per cent. per annum (or whatever else may be the rate). And
the said
A. B. doth further agree and declare that he will duly pay to the said C.
D. the
principal sum aforesaid together with the interest then due by equal
payments of
on the day of (or whatever else may be the stipulated times or tune of
payment).
And the said A. B. doth also agree with the said L. D. that he will (here
i9asert terms
as to insurance, payment of rent or otherwise which the parties may agree
to for the
,inaiWenance or defeasance of the security). Provided always that the
chattels hereby
assigned shall not be liable to seizure or to be tae; en possession of
lay the su,id C. D.
for any cause other than those specified in section 15 of 'The Bills of
Sale Ordinance
1886.'

In witness, ~~c.

Signed and sealed by the said A. 33. in the presence of nIe E. F.
(add Witness' name, address, and description).

Ilk w1lom given , (or
against wh' -

process IaS'U~4~n).

Form (if mgistcr
tender s. 2u.

1. A memorandum of satisfaction may be ordered to be written upon a
registered -Nf'emorandum o
satiafaction o
copy of a bill of sale on a consent to the satisfaction,' signed by the
person entitled to billao gale.
[I2. S. C. England
the benefit of- the, bill of sale, and verified byaffidavit, being
produced to the Registry, ~~der, rI, r ~s:~ .
,d filed.-in the Supreane Cd'nrt:
ORDINANCE No. 12 of 1886.

Bills of Sale.

2. Where this consent cannot be obtained, the Registrar nay on
application by
summons, and on hearing the person entitled to the benefit of the bill of
sale, or on
affidavit of service of the summons on that person, and in either case on
proof to the
satisfaction of the Registrar that the debt (if any) for which the bill
of sale was made
has been satisfied or discharged order a ineinoranducn of satisfaction to
be written upon
a registered copy thereof.

Rules Where 3. If the attesting witness and deponent is a solicitor, and
described as such, the
attesting witness
is a solicitor. entry of the satisfaction will be directed by the
Registrar (the papers being otherwise
(Practice rules,
';~j'd, '.sy correct) as of course; but under special circumstances the
Registrar may accept any
other deponentif s:Ltisfied that he if a proper person to attest and
verify the signature
and consent.,

[In fol'crf-nna 12t>> July, 1886, under p»roclancatinn of thr loth fuly,
1886.]
1972
Short title.
Commencement.
[41 & 42 V. c. 31, s. 2 & 3.]
Repeal of Ordinance No. 10 of 1864.
[41 & 42 V. c. 31, s. 23.]
Interpretation of terms.
[41 & 42 V. c. 31, s. 4.]
1973
[45 & 46 V. c. 43, s. 3.]
1974
Application of Ordinance to trade machinery.
[41 and 42 V. c. 31, s. 5.]
1975
Certain instruments giving powers of distress to be subject to this Ordinance.
[41 and 42 V. c. 31, s. 6.]
Fixtures or growing crops not to be deemed separately assigned when the land passes by the same instrument.
[41 and 42 V. c. 31, s. 7.]
1976
Bill of sale to be void unless attested and registered.
[45 and 46 V. c. 43, s. 8.]
Avoidance of certain duplicate bills of sale.
[41 and 42 V. c. 31 s. 9.]
Mode registering.
[41 & 42 V. c. 31, s. 10 45 & 46 V. c. 43, s. 10.]
1977
Renewal of registration.
[41 & 42 V. c. 31, s. 11.]
1978
Bill of sale to have schedule of property attached.
[45 & 46 V. c. 43, s. 4.]
Bill of sale not to affect after acquired property.
[45 & 46 V. c. 43, s. 5.]
Exception as to certain things.
[45 & 46 V. c. 43, s. 6.]
Bill of sale with power to seize except in certain events to be void.
[Ibid. s. 7.]
1979
Form of bill of sale.
[45 & 46 V. c. 43, s. 9.]
Bill of sake under $150 to be void.
[45 & 46 V. c. 43, s. 12.]
Chattels not to be removed or sold.
[Ibid, s. 13.]
Bill of sale not to protect chattels against taxes and rates.
[Ibid. s. 14.]
Form of register.
[41 & 42 V. c. 31, s. 12.] 1980
Rectification of register.
[41 & 42 V. c. 31, s. 14.]
Entry of satisfaction.
[41 & 42 V. c. 31, s. 15.]
Copies may be taken.
[41 & 42 V. c. 31, s. 16.]
1981
[45 & 46 V. c. 31, s. 16.]
Affidavits.
[41 & 42 V. c. 31, s. 17.]
Fees.
[41 & 42 V. c. 31, s. 18, see Ord. 10 of 1864, s. 5.]
1982
Rules.
[41 & 42 V. c. 31, s. 21.]
Time for registration.
[41 & 42 V. c. 31, s. 22.]
Debentures to which this Ord. does not apply.
[45 & 46 V. c. 43, s. 17.]
Form of affidavit under s. 11.
Form of bill of sale under s. 16.
1983
Form of register under s. 20.
Memorandum of satisfaction of bills of sale.
[R. S. C. England order 61, r. 26.]
1984
Order for memorandum of satisfaction of bills of sale.
[Ibid, r. 27.]
Rules where attesting witness is a solicitor.
[Practice rules, England, 1884, r. 14.]

Abstract

1972
Short title.
Commencement.
[41 & 42 V. c. 31, s. 2 & 3.]
Repeal of Ordinance No. 10 of 1864.
[41 & 42 V. c. 31, s. 23.]
Interpretation of terms.
[41 & 42 V. c. 31, s. 4.]
1973
[45 & 46 V. c. 43, s. 3.]
1974
Application of Ordinance to trade machinery.
[41 and 42 V. c. 31, s. 5.]
1975
Certain instruments giving powers of distress to be subject to this Ordinance.
[41 and 42 V. c. 31, s. 6.]
Fixtures or growing crops not to be deemed separately assigned when the land passes by the same instrument.
[41 and 42 V. c. 31, s. 7.]
1976
Bill of sale to be void unless attested and registered.
[45 and 46 V. c. 43, s. 8.]
Avoidance of certain duplicate bills of sale.
[41 and 42 V. c. 31 s. 9.]
Mode registering.
[41 & 42 V. c. 31, s. 10 45 & 46 V. c. 43, s. 10.]
1977
Renewal of registration.
[41 & 42 V. c. 31, s. 11.]
1978
Bill of sale to have schedule of property attached.
[45 & 46 V. c. 43, s. 4.]
Bill of sale not to affect after acquired property.
[45 & 46 V. c. 43, s. 5.]
Exception as to certain things.
[45 & 46 V. c. 43, s. 6.]
Bill of sale with power to seize except in certain events to be void.
[Ibid. s. 7.]
1979
Form of bill of sale.
[45 & 46 V. c. 43, s. 9.]
Bill of sake under $150 to be void.
[45 & 46 V. c. 43, s. 12.]
Chattels not to be removed or sold.
[Ibid, s. 13.]
Bill of sale not to protect chattels against taxes and rates.
[Ibid. s. 14.]
Form of register.
[41 & 42 V. c. 31, s. 12.] 1980
Rectification of register.
[41 & 42 V. c. 31, s. 14.]
Entry of satisfaction.
[41 & 42 V. c. 31, s. 15.]
Copies may be taken.
[41 & 42 V. c. 31, s. 16.]
1981
[45 & 46 V. c. 31, s. 16.]
Affidavits.
[41 & 42 V. c. 31, s. 17.]
Fees.
[41 & 42 V. c. 31, s. 18, see Ord. 10 of 1864, s. 5.]
1982
Rules.
[41 & 42 V. c. 31, s. 21.]
Time for registration.
[41 & 42 V. c. 31, s. 22.]
Debentures to which this Ord. does not apply.
[45 & 46 V. c. 43, s. 17.]
Form of affidavit under s. 11.
Form of bill of sale under s. 16.
1983
Form of register under s. 20.
Memorandum of satisfaction of bills of sale.
[R. S. C. England order 61, r. 26.]
1984
Order for memorandum of satisfaction of bills of sale.
[Ibid, r. 27.]
Rules where attesting witness is a solicitor.
[Practice rules, England, 1884, r. 14.]

Identifier

https://oelawhk.lib.hku.hk/items/show/499

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 12 of 1886

Number of Pages

13
]]>
Mon, 22 Aug 2011 18:02:11 +0800
<![CDATA[LOAN ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/498

Title

LOAN ORDINANCE, 1886

Description

Loan.

No. 11 of 1886.

An Ordinance to authorise the raising of a Loan not exceeding
Two Hundred Thousand Pounds.

[7th May, 1886.]

WHEREAS it is expedient to raise on loan tyro hundred thousand
pounds to be expended: .13e it enacted by the Governor of Hona
y bong, with tree advice of the Legislative Council. thereof, as follows:
--

1: This Ordinance may be cited for all purposes as I'Ize Loan 01°di-
na?2Ce,1886.
2, It shall be lawful for the Governor to raise, by the issue of
debentures uncles this Ordinance any sum or sums not exceeding in the
whole two hundred thousand^pounds.
3. The principal moneys and interest, secured by the debentures
issued under, this Ordinance, are hereby charged upon and shall be
,payable
out o£ the -general revenues and-assets of the Government of Honokona.
4, very debenture issued under this Ordinance shall be for a suW
of not less than one hundred pounds sterling, .carryyg interest at a rate,
not exceeding four and a half per centum per anti u4,payable half yearly,
and shall be paid off at par at any time after the expiration- of five
years,
but,not later than twenty years from the date of issue, provided always
that not less than sit months' notice shall be given by advertisement, in
the London Times newspaper, of the intent.ioan of the Government of
Hongkong to pay off the debentures issued or ~a part thereof under gild
by virtue of this Ordinance, and provided also that the titre -fixed. for
a'czch repayment shall be 'A day on which a coupon shall become. due and
`payable.
ORDINANCE No. 31 of Isss.

5. The debentures shall be issued in London at the offices of the Crown
agents.
to issue

Crown Agents for the Colonies, and shall be signed on behalf of the
debentures:
Government of Hongkong by any two of them. - =

6. Every debenture shall, before being issiled, be registered in a '
Registration
register boob to be kept for that purpose at the offices of the Crown
Agents °f debentures
'

for the Colonies.

There shall be attached to every debenture, ,coupons for the Coupons. '
payment of the interest to become due in each half year upon the principal

secured by the debenture.

$. Tile debentures a:rd the coupons shall, be in such form as the lwaruls.
Crown Agents for the Colonies may approve.

9. Every debenture and all right to and in respect of the principal
money secured thereby, and each coupon and all right. to the interest
payable in respect thereof, shall be transferable by delivery, and the
principal moneys secured by such debenture, and the interest payable by`
such coupon, shall be payable at the offices of the Crown Agents for the
Colonies in London. `

10. The Governor shall appropriate half yearly, out of the general
revenues of the Colony, the necessary sums to pay the half yearly interest
due on account of tlae said loan.

The Governor shall further appropriate half-yearly, out of the
general revenues of the Colony, commencing six months after the date
of issue of the first debentures created under this Ordinance, the sum of
three thousand five hundred and thirty-six pounds, and shall remit the
salve to the Crown Agents for the Colonies in London, to be invested by

Debentures
and coupons
transferable.

Interest to bc,
paid half-
yearly.

ZCllla ftlild.

them in some one or more of the securities of the Imperial Government of
Great Britain, or of the Government of any Colony of Great Britain, as
they may from time; to time determine, as a sinking fund for the final
extint-hion of the debt. Tile Crown Agents shall also from ' time to time
invest the dividends,$nterest, or produce arising from such investment,
so that the same may accumulate by way of compound' interest.

11. In case the sinking fund shall be insufficient for the payment of if
sinking

all the principal moneys borrowed under the authority of this Ordinance,
fund insuffl-

at the time the same shall have become due, the Governor shall make
goad the deficiency out of the general revenues and assets of~the -Colony.
12. All expenses of, or incidental to the mannaement of the sinking
fund; or the repayment of the principal moneys to be borrowed under
this Ordinance, shall be paid out of the sinking fund..

cienl;, Colony

to make good
deficiency.

Expenses.
payable out
of sinking
fund.
1970

Short title.
Issue of debentures.
Principal and interest payable out of revenue.
Price of each debenture; interest; mode of paying off, &c.
1971
Crown agents to issue debentures.
Registration of debentures.
Coupons.
Forms.
Debentures and coupons transferable.
Interest to be paid half-yearly.
Sinking fund.
If sinking fund insufficient, Colony to make good deficiency.
Expenses payable out of sinking fund.

Abstract

1970

Short title.
Issue of debentures.
Principal and interest payable out of revenue.
Price of each debenture; interest; mode of paying off, &c.
1971
Crown agents to issue debentures.
Registration of debentures.
Coupons.
Forms.
Debentures and coupons transferable.
Interest to be paid half-yearly.
Sinking fund.
If sinking fund insufficient, Colony to make good deficiency.
Expenses payable out of sinking fund.

Identifier

https://oelawhk.lib.hku.hk/items/show/498

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 11 of 1886

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:11 +0800
<![CDATA[WIDOWS AND CHILDREN RELIEF ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/497

Title

WIDOWS AND CHILDREN RELIEF ORDINANCE, 1886

Description

ORDINANCE No. 10 OF 1886.

Widows and Children .Relief.

No. 10 of 1886.
An Ordinance entitled 11n 0fdinance ,for the .Relief of Widows
and Children of Intestates where the personal estate is of small
value.
[7th May, 1886.E

B E it enacted by the Governor of Hongkong, with the advice of the

Le.' - reof, as fo1lows:---
yslatm~e Council the

1. This Ordinance.may be cited for all purposes as Pie Widows and Short
title.
Children Relief Ordinance, .T 886; and shall be react and construed as one
with Ordinances No. 8 of 1800 and any Ordinance amending the same.

2, There the whole estate and effects of any person. dying intestate
Application
to Registrar

within the Colony shall not exceed in value the sum of $500 his widow
wbem estate

sloes not

-or any one or more of his children or in the case of a widow so dying in-
exceed $500.

[36 &. 37 V.

testate as aforesaid her children, as the case may be, provided such
widow c. 52, s. y

or children respectively are resident within the Colony may apply to the
[3~&]

s~

Registrar of the Supreme Court and the said Registrar shall fill up tlle
usual papers required by the Court in its probate jurisdiction to lead to
a
grant of letters of administration of the, estate and effects of the staid
intestate and shall swear or declare the applicant and attest the
execution
of the administration bond required according to the practice of the Court
in its probate jurisdiction and he shall also in due course make out and
seal the letters of administration of the estate and effects of the said
intes-
tate and deliver them to the party so applying for the same without pay-
ment of any fee save as is provided by this Ordinance.

The said Registrar may require such proof as he may think
Sufficient to establish the identity and relationship of the applicant.

4. If the said Registrar has reason to believe that the whole estate
and effects of which the intestate died possessed exceeds in value $0500

,

he shall refuse to proceed with the application until he is satisfied as to

the actual value thereof..

Proof of iden-
tity of person

~Ma plying

a. 52, s. 2.a

Registrar
may refuse to
proceed.
~1bil. s. 3.3

65. Any rules and orders and tables of fees requisite for carrying this
Power to
~Qrdinance into operation shall be framed and nay, from tine.to time, be
frame rules'
.altered by the Chief Justice o£ the Supreme Court but the total amount
[Ibid. s. 5]
.to be charged to applicants shall not in any one case exceed the sums

`

mentioned in the schedule to this Ordinance and no such rules and orders
Windows and Children Relief.

Ordinance No. 10 of 1886.

or tables of.fees ox' alterations thereof shall have any force
or effect until

`o: 12 of
~b7~.~ the same shall have been approvers of by the Legislative Council
of the

.Colony and published in the Gazette.

Not to affect 6. Nothing herein contained shall ba construed to affect any
duty.
duty an adnli- -
nistration., now payable on letters of administration. _'

Schedule,
420.

Short title;,

,s

~ssne a£
~leberit~iz~e~:

E'itncaPit1 and
.'ntexest

f'4yabie out

of f revenue.,,,

'F'nce of. each

-=s- debenture ; '.

'rintexest ;
mode~of

-in~r of
a

. SCHEDULE.
Where the whole estate and effects of the intestate suall not exceed in
value $100,
the sum of $l : and where the whole estate and effects shall exceed in
value $100, the
sum of $1; and the further sum of 20 cents for every $50 or fraction of
$50 by which
the°valae shall exceed $100.
1969
Short title.
Application to Registrar where estate does not exceed $500.
[36 & 37 V. c. 52 , s. 1.]
[38 & 39 V. c. 27.]
Proof of identity of person applying
[36 & 37 V. c. 52, s. 2.]
Register may refuse to proceed.
[Ibid. s. 3.]
Power to frame rules, &c.
[Ibid, s. 5]
1970
[Vide sec. 24, No .12 of 1873.]
Not to affect duty on administration.
[Ibid. s. 6.]
Schedule.
20.

Abstract

1969
Short title.
Application to Registrar where estate does not exceed $500.
[36 & 37 V. c. 52 , s. 1.]
[38 & 39 V. c. 27.]
Proof of identity of person applying
[36 & 37 V. c. 52, s. 2.]
Register may refuse to proceed.
[Ibid. s. 3.]
Power to frame rules, &c.
[Ibid, s. 5]
1970
[Vide sec. 24, No .12 of 1873.]
Not to affect duty on administration.
[Ibid. s. 6.]
Schedule.
20.

Identifier

https://oelawhk.lib.hku.hk/items/show/497

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 10 of 1886

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:10 +0800
<![CDATA[RELIGIOUS CEREMONIES AND FESTIVALS ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/496

Title

RELIGIOUS CEREMONIES AND FESTIVALS ORDINANCE, 1886

Description

Religious Ceremonies.

No. 9 of 1886.

An Ordinance entitled The Religious Ceremnies and Festivals Ordinance, 1886.

[14th April, 1886.]

BE it enacted by the Governor of Honghong, with the advice af~ the
Legislative
Council thereof, as follows:--

1. Except as by this Ordinance provided no person shall, in or upon any
public
street or road within the city of Victoria play any musical instrument,
or beat any
drum or gong in connection with any religious ceremony (except a funeral
or marriage)
or with any annual or other festival.

2. No person shall, within the city of Victoria, beat any drum or gong
within

any dwelling house, or knowingly suffer oil allow any drum or gong to be
beaten upon
his premises between the hours of 11 P.m. and 6 'A.M.

3. Except'as by this Ordinance provided no person shall organise, equip,
or take
part in any procession in ox upon any public street or road in the city
of Victoria with
or without music. Provided always that this section shall not apply to
any funeral or
marriage procession, whether with music or without, except in cases where
the Governor
may so direct.

4. Except as by this Ordinance provided no person shall, in the city of
Victoria
or in any village of the colony, or nearer to any building than 100
yards, erect any
inflammable structure, awning, or decoration in connection with any
religious or other
ORDINANCE No. -9 of 1886.

Religious C&emonies.

festival or ceremony, or with any exhibition connected with any such
ceremony or
festival. Provided always that this section shall not apply to any
scaffolding of wood
or bamboo necessary for the removal of a dead body, if such scaffolding
be removed
within forty-eight hours from the time of its erection.

5. Except as by this Ordinance provided no, person shall aischarae,
kindle, or let
off any firework in the city of Victoria or attempt to do so.

6. No person shall advertise, notify, or carry on any Chinese theatrical
performance
of a public nature,unless an abstract of the plot or nature of such
performance shall
first have been, furnished to the registrar General, who may in his
discretion issue a
permit for finch performance, without which permit no such performance
shall be
notified or carried on.

7, The Governor may from time to time authorise the issue of permits for

(1.) Processions or music in the city of Victoria (other than funeral or
marriage processions) at suitable hours and under suitable conditions.

(2.) T_ he erection in the city of Victoria or in villages of cloth
covered sheds
or decorations in suitable places, with proper precautions for safety
and for the extinction of fire.

(3.) The discharge of fireworia in suitable places in the city of
Victoria or in
villages.

(4.) Chinese public theatrical performances.

A.11 such permits shall be issued in such manner and on suc;li conditions
as the
Governor i. ay_direct. The Governor may at any time cancel or withdraw
any such
permit.

One per'souto $. Permits for processions, theatricals, and other such acts
as-are to be joined in.
be nained.
by a number of persons shall be issued to one person only by name, the
words and
others being added after such person's name. The person so named shall be
responsible
for the due observance of all' the conditions of the permit, and shall,
if so required,
furnish such security for the observance of such conditions as the
Governor may direct.
9. Every person who commits an offence against this Ordinance shall be
liable on
summary conviction to a fine not exceeding fifty dollars, or to
imprisonment wi'.h or
without hard labour for a term not exceeding three months.
10. Section 22 of Ordinance No. 8 of 1858 is hereby repealed so far as it
relates
to religious ceremonies or religious or theatrical entertainments, but
not farther. The
following Ordinances or portions of Ordinances are, also repealed:'-

No. 14 of 1845 ... ... Sec. 2, sub-sec. 12, from the
words Provided always to
the end of the sub-section.
10 of 1$72... ... Sec. 2, sub-section 1.

Repeal°d by Ordinance YO. 13 of 1888.
1967

Music.
Druns and gongs.
Processions.
Sheds, &c.
1968
Fireworks.
Theatricals.
Permits.
One person to be named.
Penalties.
Repeals.

Abstract

1967

Music.
Druns and gongs.
Processions.
Sheds, &c.
1968
Fireworks.
Theatricals.
Permits.
One person to be named.
Penalties.
Repeals.

Identifier

https://oelawhk.lib.hku.hk/items/show/496

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 9 of 1886

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:10 +0800
<![CDATA[TRADE MARKS ORDINANCE, AMENDMENT ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/495

Title

TRADE MARKS ORDINANCE, AMENDMENT ORDINANCE, 1886

Description

Trade Marks.

No. 8 of 1886.

An Ordinance entitled The Trade Marks Ordinance, Amendment
Ordinance, 1886.

[31st March, 1886.]

E it enacted by -the Governor of Honngkong, with the advice of the
B
Legislative Council thereof, as follows:-

1. Ordinance 13 of 1885 is hereby repealed.

2. Ordinance 16 of 1 8'r 3, is hereby amended as follows, viz., in
section 3, by striking Out from the words, Every such application to the
words, the colonies, both inclusive, and inserting in place thereof the
words,
Such application may, at the option of the applicant, be either made
direct to
the Governor, or transmitted to the Governor thrOZql2 Her Majesty's _P,
hzca:-
pal Secretary of State, for the Colonies.
1967

Ordinance 13 of 1885 repealed.
Amendment of Ordinance 16 of 1873.

Abstract

1967

Ordinance 13 of 1885 repealed.
Amendment of Ordinance 16 of 1873.

Identifier

https://oelawhk.lib.hku.hk/items/show/495

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 8 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:10 +0800
<![CDATA[USURY ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/494

Title

USURY ORDINANCE, 1886

Description

Ueec exy °£
' I~te~est.

e.

Rate of
Intertst
where no
agreement;

dot to a~sct
ordinances
ating., to

ORDINANCE No. 7 0.F188.

Usury.

.No. 7of 1886.

An Ordinance to repeal the Usury Laws and to fix a legal rate
of interest.
[24th March, 188. ]

E it enacted by the Governor of Hlongkong, with the advice of the
B I Legislature Council thereof, as follows

short title., 1. 'this Ordinance may be cited for all purposes as The
Usury Or-
dinance, 1886.

Repeal of 2. Ordinance No. 7 of 1844, and so much of Ordinance No 5 of

~o: ~ o~ is~s; 1856 as relates to the Act of the I 71th and 18th years of
Her Majesty
in part and the Queen Victoria, chapter 90, are hereby repealed.
Notwithstanding
exclusion of

w, the repeal of the said Ordinances the Acts and art of Acts repealed b
the said Act of the 17th and 13th year of Her said Majesty shall have no
7of 1844,
force in'this Colony.

3. ;Where interest is ,payable upon any contract, express or implied,
for payment of the legal or current rate of interest, or where upon. any
debt or sutra of money interest is payable lay any rule of law, such rate
of interest shall be recoverable, as if this Ordinance had.not~been
passed.

4. Where interest is payable on any contract, express or implied,
or on any debt or .sum of money, but the rate of such interest is not
fined
by the contract or by the parties or rule of law, the rate thereof shall
not
. emceed $8 per cent. per arm=. Provided always that it shall be lawful
for the Supreme Court of Hongkong, and every other Court having
jurisdiction within the Colony, 'in awarding interest in any action, suit
or matter, to allow a lower rate of interest, if the circumstances of the

case render it just and expedient.

6, Nothing herein shall be taken to affect or repeal any Ordinance
relating to pawnbrokers. .,
1966
Short title.
Repeal of No. 7 of 1844, No. 5 of 1856, in part and exclusion of English Law.
[Re-enactment of No. 7 of 1844, s. 1.]
Recovery of interest.
Rate of interest where no agreement, &c.
[17 and 18 V. c. 90, s. 2.]
Not to affect Ordinance relating to pawnbrokers.
[Ibid. s. 3.]

Abstract

1966
Short title.
Repeal of No. 7 of 1844, No. 5 of 1856, in part and exclusion of English Law.
[Re-enactment of No. 7 of 1844, s. 1.]
Recovery of interest.
Rate of interest where no agreement, &c.
[17 and 18 V. c. 90, s. 2.]
Not to affect Ordinance relating to pawnbrokers.
[Ibid. s. 3.]

Identifier

https://oelawhk.lib.hku.hk/items/show/494

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 7 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:10 +0800
<![CDATA[PRINTERS AND PUBLISHERS ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/493

Title

PRINTERS AND PUBLISHERS ORDINANCE, 1886

Description

Printers and Publishers.

Ordinance No. 6 of 1886.

An Ordinance to regulate the painting of Newspapers and
Books and the keeeping of Printing Presses within the
Colony.

Beit enacted by the Governor of H.ongkon ;, with. the advice of the
Legislative Council thereof, as follows:-

[24th March, 1886.

PART I.

.Preliminary.

short tir-le.

1, This Ordinance may 'be cited for all hu rpo`ses as The Printers and
.Publishers Ordinance, 1886.

2Ordinances No. 2 of 1844 and No. 16 of 1860 are hereby
repealed, provided that such repeal shall. not affect the past operation
of
such Ordinances or either of them or anything done or suffered or arty
V
obligation or liability incurred thereunder.

,,,~;;.~a: 3, In the col)struction of this Ordinance, 1inless there is
anything

ana 45

v, in the subject or the contest repugnant thereto, the several, words and

a' ~' z'~ phrases hereinafter mentioned shall have and include the
meanings follow-

ing, that is to say :---_

. The word, IiRgishar shall mean the Registrar of the. Supreme
Court of Honghong ; . or either of the Deputy. Registrars
r thereof for the time being.
ORDINANCE No. 6 of 188:6.

Printers and Publishers.

') a.

The word newspaper shall mean any paper containing' public -.
news, intelligence, or occurrences, or any remarks or obser-
vations thereon, printed for sale and published in - the
Colony periodically or in parts or numbers at intervals not
exceeding twenty-six days between the publication of any
t«o such papers, parts, or numbers, also any paper, printed
in order to be distributed and made ,public weekly or
oftener or at intervals not exceedincr twenty-six days, con-
taining only or principally advertisements.
The word book shall mean every volume, part or division of a p :1ati f>
>t. c.
volume, pamphlet, sheet of letter press, sheet of music, map, ¢5' s' 2']
chart, or plan; separately printed or published in the
Colony, containing literary, scientific, artistic, or musical
composition, platter or work.
The word proprietor shall mean and include as Nvell the sole r14aild 45 v.
c.. (it, S. 1.
pro prietor of any newspaper as also, in the case of a divided
proprietorship, the persons who as partners or otherwise
represent and are responsible. for' any §hare or interest in
the newspaper as between themselves, and the persons in
like manner representing or responsible for the other shares
and interest therein and no other person. .
The phrases place of residence, place of business shall include
the street, square, or place, where the person to whom it
refers shall reside or - shall carry on business as the case
maybe, and the number (if any) or other designation of
the house. in Nvbich he shall so reside or carry on business.
'1 'he words nem<papcr r(yister shall mean the books to be kept
by the Registrar for the purpose of making and registering
all declarations requircd or permitted to be made by this
Ordinance and such books shall contain pf inted copies of
~, the forms prescribed by this Ordinance to be filled up by
the liegistrar and ,igned by the party making the declara-
tion. - `

PART II.

Printers, publishers, and proprietors.

4. From and after the expiration of seven days froln the coming
Nonewspape`
into operation of this Ordinance no newspaper shall be printed or pub- e
a cubuan.
Change of
place, print-
ing or ublish.

ing. Fl bid. )

Printer or

publisher

leaving.

.

Colony.

oRDIhTANCE. No. s of 1886:

Printers and Publishers. _

accordance lisped within the Colony except in conformity with the
provisions herein-
ya:ith the pro
visionsherein. after contained.

[lle-enact-
rnent No. 2' of
1844, a. 1. )
Declaration.
[2 of 1844,
s. 6. ]
C44 and 45 Y.

(1. ) The printer and publisher of every newspaper shall appear
before the Registrar an;l shall make and -subscribe in the
newspaper register a declaration according to the form
No. 1 in the schedule hereunto annexed.
( 2. ) As often as the place of printing or publication is changed
a new declaration shall be necessary.
( 3. ) As often as the printer or publisher who shall have made
the aforesaid declaration shall leave the Colony perma-
nently or temporarily, a declaration from another printer
or publisher resident within the Colony shall be neces-
sary.

Penalty nor 5. Whoever shall print or publish any newspaper without
conform-
Ge of ~ ~r*au icZ~ to the provisions in section 4, or whoever shall print
and publish or
(Ibid, a. 2.1 cause to be printed or published any newspaper knowing that
the said
~4

provisions have not been complied with, shall on conviction be liable to
a penalty of not exceedinb $I,OUO or to imprisonment for a term not
exceedinb six months.

D~elaration ' 6. If any, person, who has made and subscribed the
declaration
°a 'perS°IX prescribed by section 4, ceases to be the printer or publisher
of the news-
c~asmg.to be

Eaaid, $ a~:a. paper mentioned in such declaration, he may appear before
the Registrar

and may make and subscribe a' declaration in the newspaper register
according to the form No. 2 in the schedule hereunto annexed.
Change of 7, Upon every change of the proprietor of any newspaper, or upon
every
p roprietor-
ship. transfer or transmission of or dealing therein whereby any person
ceases

, P,
4 aid 4s v.

cso, s. s.) to be a proprietor or any new proprietor is, introduced, it
shall be the duty
of the printers and publishers for the tithe being of such newspaper
within 21 days from the time of such chance, transfer or transmission as.
aforesaid, to appear before the Rebistrar and subacribc a declaration in
the
newspaper register according to the form No. 3 in the schedule hereunto
w annexed.
Ppual . ty fog 8. If within the said period of twenty-one days such
declaration shall
omission to
make the not be made, then each printer and publisher of such newspaper
shall on
declaration .
in $. z. conviction be liable to a penalty not elceedivo, $1 ~U.

(44 and 45 Y.
a. 60, s. 10. ]
ORDINANCE o, 6 of 1886.

Printers and -Publishers.

9. Any party to a transfer or transmission of or dealing with any
share of or interest in any newspaper. whereby any person ceases to be a
proprietor or any new proprietor is introduced; may at any time mike or
cause to be made th.'e declaration prescribed by section 7 of this
Ordinance.

10. There in the opinion of the Governor in Council inconvenience
world prise or be caused in any case from making a declaration of the
names of all the proprietors of the newspaper (either owing to minority,
coverture, absence from the Colony, minute subdivision of shares or other
special circumstances it shall be lawful for the printers or publishers of
such newspaper, upon the order of the Goo=error in Council, to make such
declaration with the name or names of some one or more representative
proprietors.

11. The provisions hereinbefore contained in reference to the pro-
prietor of any newspaper shall not extend or apply to any newspaper
which belongs to a joint-stock company duly incorporated under the
Ordinances relating to joint-stock companies.

12. Every person who shall print any newspaper, paper, or hook for
hire, reward, gain or profit, shall carefully preserve and keep one copy
(at least) of every newspaper, paper, or book so 1?tinted by llim, on
which
he shall write or print, or cause to be written or printed in legible
charac-
tens the name and place of residence of the person or persons by whom he
is employed to print the same and shall keep and preserve the same for
the space of site months after the; printing thereof and shall produce and
show the same to a Police M abistr ate of the Colony if xequirecl to do so
within the said six months, and every person who shall omit or neglect
any of the provisions of this section shall on conviction he liable to a
penalty not exceeding one hundred dollars.

13. Every person who shall print any newspaper, paper, or book,
iutenlled to be distributed or made pl:blic, shall print upon tile front
of
-every such newspaper or paper, if the same shall be print~'d on one side
only, or upon, the first or last leaf of every newspaper, paper, or book,
which shall consist of more than one leaf, in legible characters his name
and usual place of residence or business, and every person who shall
distribute or publish or assist to ,distribute or publish any such news-
paper, paper, or book, without fulfillin; the requirements of this
section,
shall upon conviction be liable to a penalty not exceeding $25, for every
copy of such newspaper, paper or boob, so printed distributed or pLZblish-
ed by him.

Power for
party on . -
change of
proprietor-
ship to make
declaration.
[44 and 46 VT.
c. 60, s. 11.3
Authority to
mane declara-
tion of some
only of
proprietors.
[44 and 46 V.

Exception as
to newspaper ;s
and papers of
companies.
X44 aria 4.5 v.
C. so, s. Is.a

Printers to

beep copy of
newspapers
and boos and
to produce on
request of
Magistrate.
[39 GeO. ITT.
c. 79, s. 29,
;32 and 33 V.
c. 24.E

Month
means
calendar, s. 1
of 67.]
Penalty.

Printers to
print their
mines and.
addresses on,
newspapers
and boobs.
[2 and 3 v, c.
12, s. 2 ; 32
and. 33 v. c:
24 sch.]

Penalty.
ORDINANCE No. 6 of 1886.

Printers and .Publishers.

~o~°tp ~~ 14. Every person who shall print or publish or cause to be
printer

T_znEn=by
-printer ar
or published any newspaper, shall prior to such printing or publishing
Publisher [No. 1s of enter into a bond before the Registrar. together with
two sufficient sure-
zssa: so coo.

AIL o. 9. r.w. ties to tine satisfaction of the t~,e;istrar,~ such
printer or publisher or printer

4, e. 73,
zerio~.l~a by and publiher in the sum of twelve hundred dollars and such
sureties
33
V. c. 2 4. jointly in a like surn, conditioned that such printer ,.or
publisher or printer
and publisher shill pay every fine or penalty as may at any time be im-
posed upon or adjudged against him or any person acting for him in his
absence by reason of any conviction for printing or publishing or printing
and publishing any libel at any ti.mL after the entering into such bond

and also alt costs of such conviction; and further conditioned that every
such printer or publisher or printer an;l publisher shall pay all such
damages and costs as may be recovered or arise in any action for libel

published in such newspaper; and every person not covered by such
bond who shall print or publish or cause to b;; printed or published yany
newspaper without having entered into such bond with such sureties as.
aforesaid shall upon conviction for every such offence be liable to a
penalty not exceeding $100 together with the casts of conviction.
. ' 16. Every bond so given as aforesaid may be sued upon in the name
of the Attorney General of the Colony in cases of indictment or informa-
tion and of the plaintiff or plaintiffs in any action for libel in which
Id,ma ;es may be recovered.
16. In every case in which any surety in any such bond as aforesaid
shall have been required to pay and have paid the whole or any part of
the sum far ,which he shall have become surety; or in case he shall be-
come bankrupt or shall cease to reside in the Colony, then and in every
such case the person for whom such surety shall have been. bound shall
not print or publish any newspaper until he shall have entered into a
new bond with. sufl%cient sureties in the manner and to the amount afore-
said ; and in case he shall print or publish gray such newspaper without
Ia.ving executed such new bond as aforesaid, he shall be liable on con-
viction for every such'offence.to a penalty not exceed*na $100 together,
with the costs of conviction. , .

ivuham~,,i ~17. If any surety as aforesaid shall be desirous of
,withdrawing from

of sureties.

JRid, s. 4.] such ~ bond, it shall be lawful for him to do so capon giving
twenty days'.
previous notice in writing to the 1legistrar and also to his principal;
and
in every such case such surety shall upon the expiration of such notice-
OP DINAIVTCE No. 6 of 1886.

Printe~s grad Publishers.

cease to be liable upon such bond except for any penalty or penalties
damages or costs for or in respect of any libel which may have been print-
ed or published in such newspaper previous to the expiration of such
notice and for which he would otherwise have been liable under such.
bond; and in every such case the person for whom such surety shall#have
been bound shall not print or publish any newspaper.untxi he shall have
executed a new bond with sufficient sureties in the manner and to the
amount aforesaid; and in case he shall print or publish any such, news-
paper without par ing entered into such new bond as aforesaid, he shall
be liable on conviction for every such offence to a penalty not exceeding
$100, together with the costs of conviction.

18. All bonds entered into in pursuance of this Ordinance shall
Upon execution be deposited with the Registrar for safe custody.

PART III.

Printing presses.

Custody of
bonds.
[S. 6 of No.
16, of 1860,
altered,

19. From and after the expiration of seven, clays from the coining
Declaration
into operation of this Ordinance no person shall within the Colony keep
~a o ~No~ 2 af
in his possession and press for the printing of newspapers books or
papers 1844.1
who shall not have made and subscribed before the Registrar in the news-
paper register a declaration according to the form No. 4 in the schedule
hereunto annexed, such declaration to be .made in life manner as is pre-
scribed for the declarations hereinbefore mentioned, and whoever shall
keep in his possession any such press without making such declaration
shall on conviction be liable to a penalty not exceeding $1,000 ; or
impri-
sonment for a term not exceeding six months.. `

PART IV.

General.

2®. All persons shall be at liberty to search and inspect the news-
paper register from time to time durinb the hours of business of the
Supreme Court ~on payment 'of $l; for every such search and inspection,
and any person may require ~ a copy of any entry or an extract from the
said book to be certified by the Rebistrar under the seal of the Court on

payment of $2 for~every such copy. __

search.
Inspection.
Certified
copies.
[No. 2 of 184;
s. 3, 5, 44 and
4_i V, c. 60, s~
'ORDINANCE No. 6 of 1886.

rCapes of
entries-, &e. in
register to be
evidence of
contents.
[44 and 45 V.
C. 60, 15,
substituted
for No: 2 of
1844, ss. 3, 5

in part.]

[TtLis covers
s, 6 of No. 2
of 1844.]

Pointers and Publishers.

21. Every copy of an entry in or extract from the newspaper regis-
ter as aforesaid purporting to be certified by the Registrar under the
seal
of the said Court shall be received as conclusive evidence of the contents
of the said register so far as the same appear in such copy or extract
witlaout proof of the signature thereto or of the seal of the Court
affixed
thereto and every such certified copy or extract shall in all proceedings
civil or criminal be accepted as sufficient prima facie evidence of all
the
matters and things thereby appearing unless and until the contrary there-
of be shown.

Penalty for 22, If any person shall knowingly and wilfully make or cause to
i ~u: be made, any declaration by this Ordinance required or permitted to
lie
t~o~ e~nta- made in which there shall be any untruth or misrepresentation
or from
which there shall be any omission in respect of any of the particulars by
of 444a~a'~s this Ordinance required to be contained therein whereby such
declaration
V' °' so'I shall be misleading, or if any proprietor of a newspaper shall
knowingly
and wilfully permit any declaration under sections 4 and 7 of this Ordi-
nance to be made which shall be misleading with reference to his own
name, occupation, place of business (if any) or place of residence, every

such offender being convicted thereof shall be liable to a penalty not ex-
ceedinz $500.

Gfen.eral
exceptions,
X89- ~eo,

III
0 1 11ga ' s~1; re-
.eneted in: 32
!and 83 v. c.
oQ4--seh:]

,

23. This Ordinance shall not extend or apply to the impression of
any engraving or to the printing by letter press .of the name or of the
name and addresses or business or profession of any person or of the
article in which he deals or of any paper containing an advertisement of
the sale of any estates or goods by auction or otherwise or of ordinary
business notices or advertisements. .

Recovery of 24. All penalties under this Ordinance may be recovered. sum-

penalties.

5 v. naarily before a Police Magistrate- according to the laws for the
time

.~. so, s. is.a being in force within the Colony regulating summary
procedure.

Limitation of 25. No persons shall be prosecuted or sued for any penalty
imposed
prosecution
or r ~tai . by this Ordinance unless such prosecution shall be commenced
or such
ass Geo' In.
Z action shall be browght within 6 months next after such pmalty shall
~s, ~. ~4.I
r have been incurred; nor unless such prosecution or action be commenced,
prosecuted, entered, or filed in the name of the Attorney General for the
time being of the Colony and with his assent
ORDINNSCE No. 6 or 1886.

Printers and Publishers,

26. This Ordinance shall commence and, come into operation on a Commence-
ment of
day to be proclaimed by the Governor. orcliriance.

THE SCHEDULES ABOVE REFERRED TO.

Form I.

I, [full name and address] declare that I ,am the printer [or publisher
or printer

and publisher as the case may be] of the newspaper entitled
and printed [or published or printed and published as the case
may bed at Hongkong, the premises where such printing [or publication or
printing
and publication] is carried on are situate at [here describe them
precisely] and I further
declare that [here state the ,lull name of the proprietor or proprietors
or 'representative
proprietors,' (see s. 10),] is (or are) the proprietor [or proprietors or
'representative
proprietors'] of the said newspaper [here state their respective
occupations, places of
business (if any) and places of residence.]

Declared, &c.

[Signature of Registrar. and t
deal of the Court.

[Signature of printer and publisher, &c.]

Form II.

I, [then follows as in last form] declare that I have ceased to be the
printer [or Form of
publisher or printer and of the newspaper entitled here insert name
of under R~c'~
p P publisher] [ paper.]

[S'ignature and Declaration as in last forma

Form III.

I, [then follows as inform I] the printer [or publisher or printer and
publishers Porn-, of
. declaxatinu
of the newspaper entitled [state name] declare that [state full named has
ceased to be under ss. 7, ¢.
the proprietor [or a proprietors of the said newspaper entitled [state
name] and that
[state full names with his or their occupation, place of business (if
any) and place of residence
is [or ar%.] now the proprietor [or proprietors thereof.

Declared [as in form L]

[Sigwatzare of person making deelaraiion. ]

Form IV.

I, [state 'name and place of residences declare that I have a press for
printing at corm of
[here state the place where the press is kept gluing a true and precise
discription of the under stdeclar lis.

premises.

Form of doclarx.
Lion by printer
..d/.r publisher
under s. 4,

[Signature and declaration as inform 1:

[In, forcefrom 12th July, 1886, under prbclamatiow T Otlc July, r886.]
1958

Short title.
Repeal.
Interpretation.
[44 and 45 V. c. 60, s. 1.]
1959
[5 and 6 V. c. 45, s. 2.]
[44 and 45 V. c. 60, s. 1.]
No newspaper to be published save in
1960
accordance with the provisions herein.
[Re-enactment No. 2 of 1844, s. 1.]
Declaration.
[2 of 1844, s. 6.]
[44 and 45 V. c. 60, s. 9.]
Change of place, printing or publishing.
[Ibid.]
Printer or publisher leaving Colony.
[Ibid.]
Penalty for non-observance of s. 4.
[Ibid. s. 2.]
Declaration on person ceasing to be printer, &c.
[Ibid, sec. 5.]
Change of proprietorship.
[44 and 45 V. c. 60, s. 9.]
Penalty for omission to make the declaration in s. 7.
[44 and 45 V. c. 60, s. 10.]
(25.) 1961
Power for party on change of proprietorship to make declaration of some only of proprietors.
[44 and 45 V. c. 60, s. 7.]
Exception as to newspapers and papers of companies.
[44 and 45 V. c. 60, s. 18.]
Printers OT keep copy of newspapers and books and to produce on request of Magistrate.
[39 Geo. III. c. 79, s. 29, 32 and 33 V. c. 24.]
[Month means calendar, s. 1 of 67.]
Penalty.
(20.)
Printers to print their names and addresses on newspapers and books.
[2 and 3 V. c. 12, s. 2 ; 32 and 33 V. c. 24 sch.]
Penalty.
(5.)
1962
Bond to be given by printer or publisher.
[No. 16 of 1860. 60 Geo. III. c. 9. I.W. 4, c. 73, repealed by 32 and 33 V. c. 24.]
(250.)
Attorney General or plaintiff to sue upon bonds.
[S 2, No. 16 of 1860.]
New sureties in certain cases.
[Ibid, s. 3.]
Withdrawal of sureties.
[Ibid, s. 4.]
1963
Custody of bonds.
[S. 6 of No. 16, of 1860, altered.]
Declaration by possessor.
[8 of No. 2 of 1844.]
Search.
Inspection.
Certified copies.
[No. 2 of 1844, s. 3, 5, 44 and 45 V. c. 60, s. 13.]
1964
Copies of entries, &c. in register to be evidence of contents.
[44 and 45 V. c. 60, 15, substituted for No. 2 of 1844, ss. 3, 5 in part.
[This covers s. 6 of No. 2 of 1844.]
Penalty for making wilful misrepresentation in declarations.
[S. 9 of No. 2 of 1844, s. 12 of 44 and 45 V. c. 60.]
(100.)
General exceptions.
[39 Geo. III c. 79, s. 1, re-enacted in 32 and 33 V. c. 24 sch.
Limitation of prosecution or action.
[39 Geo. III c. 79, s. 34.]
1965
Commencement of Ordinance.
Form of declaration by printer and/or publisher under s. 4.
Form or declaration under s. 6.
Form of declaration under ss. 7, 9.
Form of declaration under s. 19.

Abstract

1958

Short title.
Repeal.
Interpretation.
[44 and 45 V. c. 60, s. 1.]
1959
[5 and 6 V. c. 45, s. 2.]
[44 and 45 V. c. 60, s. 1.]
No newspaper to be published save in
1960
accordance with the provisions herein.
[Re-enactment No. 2 of 1844, s. 1.]
Declaration.
[2 of 1844, s. 6.]
[44 and 45 V. c. 60, s. 9.]
Change of place, printing or publishing.
[Ibid.]
Printer or publisher leaving Colony.
[Ibid.]
Penalty for non-observance of s. 4.
[Ibid. s. 2.]
Declaration on person ceasing to be printer, &c.
[Ibid, sec. 5.]
Change of proprietorship.
[44 and 45 V. c. 60, s. 9.]
Penalty for omission to make the declaration in s. 7.
[44 and 45 V. c. 60, s. 10.]
(25.) 1961
Power for party on change of proprietorship to make declaration of some only of proprietors.
[44 and 45 V. c. 60, s. 7.]
Exception as to newspapers and papers of companies.
[44 and 45 V. c. 60, s. 18.]
Printers OT keep copy of newspapers and books and to produce on request of Magistrate.
[39 Geo. III. c. 79, s. 29, 32 and 33 V. c. 24.]
[Month means calendar, s. 1 of 67.]
Penalty.
(20.)
Printers to print their names and addresses on newspapers and books.
[2 and 3 V. c. 12, s. 2 ; 32 and 33 V. c. 24 sch.]
Penalty.
(5.)
1962
Bond to be given by printer or publisher.
[No. 16 of 1860. 60 Geo. III. c. 9. I.W. 4, c. 73, repealed by 32 and 33 V. c. 24.]
(250.)
Attorney General or plaintiff to sue upon bonds.
[S 2, No. 16 of 1860.]
New sureties in certain cases.
[Ibid, s. 3.]
Withdrawal of sureties.
[Ibid, s. 4.]
1963
Custody of bonds.
[S. 6 of No. 16, of 1860, altered.]
Declaration by possessor.
[8 of No. 2 of 1844.]
Search.
Inspection.
Certified copies.
[No. 2 of 1844, s. 3, 5, 44 and 45 V. c. 60, s. 13.]
1964
Copies of entries, &c. in register to be evidence of contents.
[44 and 45 V. c. 60, 15, substituted for No. 2 of 1844, ss. 3, 5 in part.
[This covers s. 6 of No. 2 of 1844.]
Penalty for making wilful misrepresentation in declarations.
[S. 9 of No. 2 of 1844, s. 12 of 44 and 45 V. c. 60.]
(100.)
General exceptions.
[39 Geo. III c. 79, s. 1, re-enacted in 32 and 33 V. c. 24 sch.
Limitation of prosecution or action.
[39 Geo. III c. 79, s. 34.]
1965
Commencement of Ordinance.
Form of declaration by printer and/or publisher under s. 4.
Form or declaration under s. 6.
Form of declaration under ss. 7, 9.
Form of declaration under s. 19.

Identifier

https://oelawhk.lib.hku.hk/items/show/493

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 6 of 1886

Number of Pages

8
]]>
Mon, 22 Aug 2011 18:02:09 +0800
<![CDATA[SALES OF REVERSIONS ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/492

Title

SALES OF REVERSIONS ORDINANCE, 1886

Description

Sales of Reversions.

No. 5 of 1886.

An Ordinance to amend the Law relating to Sales of Reversions.
[ 10th March, 1886.]

BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :-
v

I: This Ordinance may be cited for all purposes as The Sales of
Reversions Ordinance, 1886.
ORDINANCE No. 5 of 1886.

Sales of Reversions.

2. From and after the commencement of this Ordinance no
purchase
purchase of
reversions to made bona fide and without fraud or unfair dealing of any-
reversionary

be set aside
for under-. r interest in property of any kind within the Colony shall
hereafter he
value merely.
i 81 v. e. 4, s. , opened or set aside merely on the ground of undervalue.

LInterpreta- 3. The word purchase in this Ordinance shall include every
kind
Cz~a. ~. ~.~ ' of contract, conveyance or assignment under or by which
any beneficial
interest in any kind of property may be acquired.

1957

Short title.
1958

No bona fide purchase of reversions to be set aside for under-value merely.
[31 V. c. 4, s. 1.]
Interpretation.
[Ibid. s. 2.]

Abstract

1957

Short title.
1958

No bona fide purchase of reversions to be set aside for under-value merely.
[31 V. c. 4, s. 1.]
Interpretation.
[Ibid. s. 2.]

Identifier

https://oelawhk.lib.hku.hk/items/show/492

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 5 of 1886

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:09 +0800
<![CDATA[INFANTS CUSTODY ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/491

Title

INFANTS CUSTODY ORDINANCE, 1886

Description

Infants Custody.

No. 4 of 1886.

An Ordinance to amend the Law relating to the Custody of
Infants.
[10th March, 1886.]

BE it enacted by the Governor of Hon(rkong, with the advice of the
v Council thereof, as follows :-
Le0
islatie C ,
1. This Ordinance may be cited for all purposes as Tlie hafants Cus-
tody Ordinance, 1886.
2. From and after the commencement of this Ordinance it shrill be
lawful for the Supreme Court upon the petition presented in a summary
way of the mother (by her next friend if necessary) of any infant or
infants under the age of sixteen years to order that the petitioner shall
have access to such infant or infants at such tire and subject to such
regulations as the Court shall deem proper or to order that such infant
or infants shall be delivered to the mother and remain in or under her
custody or control or shall if already in her custody or under her control
remain therein until such infant or infants shall attain such age not
exceeding sixteen years as the Court shall direct; and farther, to order
that such custody or control shall be subject to such regulations as
regards access by the father or .guardian of such infant or infants and
otherwise as the Court shall deem proper.
3. No agreement contained in any separation deed made between
the father and mother of an infant or infants shall be or be deemed to be
invalid by reason only of its providing that the father of such infant or
infants shall give up the custody or control thereof to the mother: Pro-
vided always that no Court shall enforce any such agreement if the Court
shall be of opinion that it will - not be for the benefit of the infant or
infant§ to give effect thereto.
1957
Short title.
Supreme Court may order mother to have access to and custody of infants under 16 years.
[36 V. c. 12, s. 1.]
Separation deed agreement to give up custody.
[36 V. c. 12 s. 2.]

Abstract

1957
Short title.
Supreme Court may order mother to have access to and custody of infants under 16 years.
[36 V. c. 12, s. 1.]
Separation deed agreement to give up custody.
[36 V. c. 12 s. 2.]

Identifier

https://oelawhk.lib.hku.hk/items/show/491

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 4 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:09 +0800
<![CDATA[LARCENY AND EMBEZZLEMENT AMENDMENT ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/490

Title

LARCENY AND EMBEZZLEMENT AMENDMENT ORDINANCE, 1886

Description

Larceny and Embezzlement.

No. 3 of 1886.

An Ordinance to amend the Law relating to Larceny and
Embezzlement.

[10th March, 1886. ]

BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-

Short title, 1. This' Ordinance may be cited for all purposes a.s The
.Larceny and
Embezzlement Amendment Ordin ante :886, and shall bread and construed
with Ordinance 7 of 186 and all Ordinances amending the same.

'Member of 2. If any person, being a member of any copartnership or being
one
~'uiity ~p

of two or more beneficial owners of any money, goods or effects, bills,,
his own use,, notes, securities, or other property, shall steal or
embezzle any such rnoney,
lp ~ Q~rty~ hoods or effects, bills, notes, securities, or other property
belonging to
liable aoi~ note any such copartnership or to such joint beneficial
owners, every such
~3i a s2 v. person shill be liable to be ,dealt with, tried, convicted and
punished for

the same as if such person had not been or was not a member of such
copartnership or one of such beneficial owners.
1956

Short title.
Member of partnership guilty of converting to his own use, &c. partnership property, liable to be tried as if not a member.
[31 and 32 V. c. 116, s. 1.]

Abstract

1956

Short title.
Member of partnership guilty of converting to his own use, &c. partnership property, liable to be tried as if not a member.
[31 and 32 V. c. 116, s. 1.]

Identifier

https://oelawhk.lib.hku.hk/items/show/490

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 3 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:09 +0800
<![CDATA[APPORTIONMENT ORDINANCE, 1886]]> https://oelawhk.lib.hku.hk/items/show/489

Title

APPORTIONMENT ORDINANCE, 1886

Description

Apportionment.

No. 2 of 1886.

An Ordinance for the better Apportionment of Rents and other
Periodical Payments.

[ 10th March, 1886. ]

Be it enacted by the Governor of Hongkong, with the advice of the:

B Ilcu;islative Council thereof;, as follow~s:--

1. This Ordinance may be cited for, all purposes as The
Apportionment Ordinance, 1886.
ORDINANCE No. 2of 186.

Apportionment.

2. From and after the colnmencernerit. of this Ordinance all rents,
annuities, dividends, and other periodical payments in the nature of in-
come ( whether reserved or made payable under an instrument in writing
or otherwise) shall, like interest on money lent, be considered as
accruing
from day to day, and shall be apportionable in respect of time
accordingly.

3: The apportioned part of any such rent, annuity, dividend, or
other payment shall be payable or recoverable in the case of a continuing
rent, annuity, or other such payment, when the entire portion of which
such apportioned part shall form part, shall become clue and payable
and not before; and in the case of a rent, annuity, or other such payment
determined by re-entry, death, or otherwise, when the next entire portion
of the same would have been payable if the same lead not so determined
and not before.

4, All persons and their respective executors, administrators, and
assigns, and also the executors, administrators, and assigns respectively
of ,
persons whose interests determine with their own deaths, shall have such
or the same remedies at law and in equity for recoverin,m such apportioned
parts as aforesaid when payable (allowing proportionate parts of all just
allowances) as they respectively would have had for recovering such
entire portions as aforesaid if entitled thereto respectively; provided
that
persons liable to pay rents reserved out of or charged on lands or tene-
ments, and the same lands or tenements, shall not be resorted to for any
such apportioned part forming part of an entire or continuing rent as
afore-
said specifically, but the entire or continuing rent, including such
appor-
tioned part, shall be recovered and received by the person who, if the
rent had not been apportionable under this Ordinance, or otherwise,
would have been entitled to such entire or continuing rent, and such
apportioned part shall be recoverable from , such person by the executors
or other parties entitled under this Ordinance, to the same by suit or
action.

Rents, kc. to
accrue from
day to day,
and be
apportionablc
in respect o£
time.
[Ibvd, s. 2.]

Apportioned
part of rent,
S,c, to be

Ma able when
Y next
entire portion
becomes due.
[Ibitt, s. 3.]

Persons shall
have the same,
,remedies for.
recovering
apportioned
parts as for
entire
onions.
~Ibid, s. 4.]

Proviso as to

rents reserved
in certain

5. In the construction of this Ordinance,-- , lnterpreta-
The word rents shall include all periodical payments or render- [Ibation
of ter .]5ms.
robs in lieu of or in the nature of rent.
The word annuities shall include salaries and pensions.
The word dividends shall include (besides dividends strictly so
called) all payments made by the name of dividend, bonus,
or otherwise. out of the ,revenue of - trading or other public
ORDINANCE No. 2 of 1885.

Apportionment.

companies, divisible between all or any of the members of
such respective companies, whether such payments shall
be usually made or declared at any fixed times or otherwise ;
and all such divisible revenue shall, for the purposes of
this Ordinance, be deemed to have accrued by equal daily
increment during and within the period for or in respect of
which the payment of the same revenue shall be declared.
or expressed to be made, but the said word dividends shall
not include payments in the nature of a return or reim-
bursement of capital.

6. Nothing in this Ordinance contained shall reader apportionable
any annual sums made payable in policies of assurance of any
description.

7. The provisions of this Ordinance shall not extend to any case in
which it is or shall be expressly stipulated that no apportionment shall
take place.
1954

Short title.
[33 and 34 V. c. 35, s. 1.]
1955
Rents, &c. to accrue from day to day, and be apportionable in respect of time.
[Ibid, s. 2.]
Apportioned part of rent, &c. to be payable when the next entire portion becomes due.
[Ibid, s. 3.]
Persons shall have the same remedies for recovering apportioned parts as for entire portions.
[Ibid, s. 4.]
Proviso as to rents reserved in certain cases.
Interpretation of terms.
[Ibid, s. 5.]
1956
Ordinance not to apply to policies of assurance.
[Ibid, s. 6.]
Nor where stipulation made to the contrary.
[Ibid, s. 7.]

Abstract

1954

Short title.
[33 and 34 V. c. 35, s. 1.]
1955
Rents, &c. to accrue from day to day, and be apportionable in respect of time.
[Ibid, s. 2.]
Apportioned part of rent, &c. to be payable when the next entire portion becomes due.
[Ibid, s. 3.]
Persons shall have the same remedies for recovering apportioned parts as for entire portions.
[Ibid, s. 4.]
Proviso as to rents reserved in certain cases.
Interpretation of terms.
[Ibid, s. 5.]
1956
Ordinance not to apply to policies of assurance.
[Ibid, s. 6.]
Nor where stipulation made to the contrary.
[Ibid, s. 7.]

Identifier

https://oelawhk.lib.hku.hk/items/show/489

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 2 of 1886

Number of Pages

3
]]>
Mon, 22 Aug 2011 18:02:08 +0800
<![CDATA[PAYMENT OF SMALL SUMS DUE TO THE ESTATES OF DECEASED CIVIL SERVANTS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/488

Title

PAYMENT OF SMALL SUMS DUE TO THE ESTATES OF DECEASED CIVIL SERVANTS ORDINANCE

Description

Payment of small sums due to the estates of deceased Civil Servants.

No. 1 of 1886.

An Ordinance to empower the Colonial Treasurer to pay otherwise
than to Executors or Administrators small Sums due
on account of Pay or Allowances to Persons deceased.

[10th March, 1886.]

Be it enacted by the Governor of Hongkong, with the advice of the
Lenislative Council thereof, as folio ws : -w

Tr,:asur~, &s. 1. On the death of any person or persons to whom
respectively any
may, on death
af persona in surn or sums of money not exceedin;y five hundred dollars
may be pay-
',civil, i a toy able by a public department within the Colony in respect
of civil pay or
sums under
$500, direct allowances or annuities granted either under the authority of
the Govern-

pment

ay of it sball be lawfal for

there ment of the Colony or of the British Government,
withont
odiictioA of the Treasurer on being satisfied of the expediency of
dispensing with
~a~ ~~ t ,a' probate or letters of administration, to authorize the
payment of such surzl
ti°x'. Lg1 and or sums to such person or persons as the Treasurer may
consider entitled

82 V. 90,
thereto, without requiring the production of probate or of letters of

administration, payment to he made under such regulations as the Trea-
surer may direct.

. 2. Any payment ,made in pur,:uance of this Ordinance shall be valid
against all persons whatever, and all persons acting under its provisions
sh,9Il` be absolutely discharged from all liability in respect of any
monies
dilly paid or applied by, them under this Ordinance.

3. This Ordinance shad not come into force until Her Majesty's.
confirmation or allowance thereof shall have been proclaimed.

'=xnent.of Ordinance.

[ Confirmation proclaimed 5th June, 1886.]
1954
Treasurer, &c. may, on death of persons in civil service entitled to sums under $500, direct payment thereof without production of letters of administration.
[31 and 32 V. c. 90, s. 1.]
Indemnity.
[31 and 32 V. c. 90, s. 2.]
Commencement of Ordinance.

Abstract

1954
Treasurer, &c. may, on death of persons in civil service entitled to sums under $500, direct payment thereof without production of letters of administration.
[31 and 32 V. c. 90, s. 1.]
Indemnity.
[31 and 32 V. c. 90, s. 2.]
Commencement of Ordinance.

Identifier

https://oelawhk.lib.hku.hk/items/show/488

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 1 of 1886

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:08 +0800
<![CDATA[MUNICIPAL RATES ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/487

Title

MUNICIPAL RATES ORDINANCE, 1885

Description

Municipal Rates.

No. 21 of 1885.

An Ordinance entitled the Municipal Rates Ordinance, 1885.

[12th December, 1885. ]

it enacted by the Governor of Hongkong, with the advice of the Legislative

Council thereof, as follows:-

I. this Ordinance:-

The term City of Victoria means the city of Victoria as bounded and defined
udder the provisions of the Victoria Registration Ordinance, 186fi:

The term tenement means any land, with or without buildings, which is held
or occupied as a distinct holding or tenancy; and includes piers and

wharves erected in the harbour.

The term owner means the holder of any tenement direct from the Crown, .
whether under lease,, licence, or otherwise, or the irRmedatewls;ridlord
of
any 'tenement; or the agent of any each holder or landlord wlio is° absent
or under disability.
ORDINANCE No. 21 oF 18&5.

Municipal Rates.

The, farm public institrction paeans the -City Hall and also app tenement
or
portion of a: tenement used or maintained wholly for app of the following
purposes:-

Art,
Burial, -
Charitable relief,
Education,
Literature,
Medical relief of the sick,
Religious Worship,
Science,
and not for gain or pecuniary profit.

Valuation.

a

o?~oi.toentlnore.2, The Governor in Council may, from time to time,
appoint one or more valuera
va for the purposes of this Ordinance, and may allow them such
remuneration as he thinks fit.

Valuation of $. The walaers so appointed shall, in each year, before such
day as the Governor
t~nemente to be
in Council directs, make a valuation of the tenements in the Colony, or
of such part
thereof as the Governor in Council directs.

Po~era Of,
1aluare: ~ °

4. Any valuer may require the owner or occupier of app tenement to
furnish him
with the particulars specified in form A in the schedule hereto; and

May, from time to time, enter into and upon any tenement for the purpose
of
making a valuation thereof ; and
May call upon such owner or occupier to exhibit to him all receipts for
rent, rent-
books, accounts, or other documents whatever connected with the rent or
value of such
tenement.
If the owner or occupier refuse to allow him to enter any tenement, he
may give to
such owner or occupier written notice requiring permission to enter; and
after twentp-
four hours from the delivery of such notice may, at app time daring the
day time, enter
into and upon the said tenement and inspect, the same, and, if necessary,
may use force
to effect his entry, doing no more damage than is necessary for the
purpose.

$. If any owner or occupier -of a tenement refuses or neglects to furnish
the afore-
said particulars within one week after being required to do so ;
Or knowingly furnishes false or incorrect particulars ;
Or refuses to exhibit to the valuers any receipt for rent or book or
other docu-
ment relevant to the valuation;
. .

Or prevents, hinders, or obstructs any valuer from entering or inspecting
any
tenement after delivery of such notice and after the lapse of twenty-four
hours;
- 33e shall, on conviction in a summary, way, be liable to, a,penaltp not
exceeding
one .hundred dollars.
ORDINANCE No. 21 of I855.

Municipal Rates.

6, The valuers shall cause every tenement to be separately valued,, and
shall make rsode of
the valuation thereof by estimating the gross annual rent at which such
tenement may valuation.
reasonably be expected to let for the ensuing pe:>Vr,
In estimating the value of a tenement the value of any machinery
contained there-
in shall not be included.

7, As soon as the said valuation'is completed, the valuers shall make out
a list, List of
valuations.
divided into districts, of the several tenements valued, and of their
respective valua-
tions, and shall deliver the same to the Colonial Secretary, not later
than seven days
after the day for completing the valuation.
The valuer s shall also make and subscribe, in the presence of the
Colonial Secre- ro be veritlea by
declAration.
tarp, a declaration to the effect that the said list contains a true
account of all valua-
tions made by the declarani;s, and that the same is, to the bast of their
hnowledae and
belief, correct in all other particulars. After the said list has been so
declared, no
alteration shall be made in it except as provided in section 15 of this
Ordinance and
except also that any erroneous entry may, with the written authority of
the Colonial
Secretary, be amended so as to bring it into accordance with the
particulars notified to '`
the occupier of the tenement under section 9 of this Ordinance or with
the valuation
of the previous year if no change was intended to be made in such
valuation.

. $, In making out the said list, the valuers shall distinguish all
public institutions,
which shall be exempt from assessment acrd from the payment of rates.

19417

l'vibiic institu-

tions to be
exempt fcarn
assessment.

9. When any tenement is valued for the first time or when the existing
valuation Notice ofthe
valuation to b&
of any tenement is altered the valuers shall, not later than seven de`s
after the day genement.iven to each
for completing the valuation, leave with the occupier of every tenement
notice in
writing of such valuation having .been made and of thH amount thereof.
Such notice may be given in the form C in the schedule hereto;
But the omission to serve such notice upon anyatenemPnt shall not
invalidate the
valuation thereof, nor relieve any person from payment of the rates.

10. The said list, or an examined copy thereof, shell be open to
inspection at the The list to be
open for inspec-
Treasury during office hours for fourteen days, of which notice shall be
previously given tion the
Treasury.

in the Gazette, and any owner or occupier of any tenement included in
such list map -

take any extract therefrom. ,

11. The Col-onial Secretary on receipt of the list of Chinese tenements
for each
country district shall cause a copy thereof to be made in Chinese and to
be exhibited
in a conspicuous place in the principal village of each district during
the fourteen days
last above mentioned.

List to be
exhibited in
comitry
districts.

Extension of valuation.

12. The Governor in Council may at any time adopt any -valuation then
existing, Existing valua-

tion may be .

either wholly or in part, as the valuation for the ensuing pear or for
any part thereof; adopted -

and and in such case shall cause notice of such adoption and of the
extent thereof to be
Mode of
valuatio n..

1948

ORDINANCE No. '21 of 1885.

Municipal Rates.

published in the Gazette. Any existing valuation so adopted shall, for
the purposes
of appeal, be considered a new valuation.

Appeal.

Appeal 13. Any person aggrieved on the ,ground that he is rated for any
tenement for
which he is not rateable under this Ordinance;
Of' that any tenement for which he is rateable is valued beyond its full
and fair
annual rental;
Or that any person or any tenement that ought to be inserted in the list
is omitted
therefrom;
Or that any tenement of any person is valued therein below its full and
fair annual

°. rental;

May, not later than fourteen days after the last day upon which the
valuation list
is open for inspection, or fourteen days from the date of actual service
upon him of the
notice C in section 9 mentioned, or of demand for payment if no such
notice has been
. served, appeal to the Supreme Court in its summary jurisdiction.

Notice of appeal. 14. The appellant shall give to the valuers notice in
writing of his intention to
appeal, and of the ground of appeal, seven days at the least before the
holding of the
Court at which 'the appeal is to be heard;
.,And when the ground of appeal is that any person or any tenement is
omitted from
the said list, or that the tenement of any person is valued therein below
its full and
fair annual value, the appellant shall also give the like notice of
appeal to the person
interested in the result of the appeal, and .uch person may be heard upon
the appeal.

Hearing of
-.appeal.

15. The Ccurt, upon proof of due notice having been given, shall hear and
deter-
mine the matter of the appeal in a summary way, and may make such order
therein as
it thinks proper, with or without costs to any party; and may direct the
,valuer to
amend the said ,list in such manner as the Court directs; and the valuer
shall forthwith,
in open' Court, make the necessary amendments.
The determination of the Court shall be final and conclusive.

Yalua.lion of improved tenerrzenfs.

R

Valuation of 'fig, The Governor in Council nay, at any time, direct the
valuers to make a
i1riprovements
valuation of any tenement within the Colony upon which buildings have
been erected
or completed, or to which other improvements have been added after the
valuers have

made out the aforesaid list.

1'?'.~ The valuers shall make such valuation in the manner hereinbefore
prescribed,
and may exercise similar powers of entry and inspection, and shall notify
to the
Colonial Secretary the amount of such valuation when made. The valuers
shall also,
without delay, leave with the occupier of the tenement notice in writing
of such valua-
tion having been made, and of the amount thereof.
The tenement shall not be liable to be assessed until such notice is left.
ORDINANCE No. 21 of 1885.

Municipal Rates.

18. Any person aggrieved by such valuation, on the ground that the tenement iS
not rateable under this Ordinance, or that the tenement is valued beyond its full and
fair annual rental, may, not later than fourteen days after the said notice is left, appeal
to the Supreme Court in its summary jurisdiction, whereupon sections 14, 15 and 20
of this Ordinance shall apple in relation to such appeal and the subsequent assessment.

19. The rates assessed shall be first .paid on the nest day appointed for the payment
of rates, and shall thereafter continue to be payable as if they were included in
the general list.

Rating.

20 After the time for appealing has aspired there shall be payable from the first
day of July in each year, or f rom such other day as may, from time to time, be fixed
by Ordinance to be passed for that purpose, the following rates in respect of every
tenement which has been valued as hereiabefore provided, that is to say:--

On tenements within the city of Victoira.

For Police Rate, ...............8 3/4 per cent.
For Water Rate, ...............2 per cent.
For Righting Rate, ............1 1/2 per cent.
For Fire Brigade Rate, ......3/4 per cent.

On tenements beyond the city of Victoria.

At Victoria Peal, Quarry Bay, and Pokfulam, ........8 3/4 per cent.

At all other places, ...............7 per cent.

21. The amounts of the above rates may be altered, from time to time, by Ordinance
to be passed for that purpose.

22. The above rates may, be levied collectively and called municipal rates, and
shall be paid quarterly in advance at the Treasury within the first month of each
quarter, and the tine appointed for such payment shall be notified quarterly by the
Treasurer in the Gazette.

Payment and disposal of rates.

23. The owners and occupiers of all tenement shall be liable to the Crown for
payment of the rates assessed thereon, but the same shall be deemed an occupier's tax;
and, as between the owner and occupier of any tenement, shall, in the absence of any
agreement to the contrary,be borne by the occupier; and the amount thereof, if paid
by the owner, may be recovered by him from the occupier in an action for money paid
to his, use, or, if he is still in occupation of the tenement, by distress in the same
manner as for rent.
ORDINANCE No. 21 OF 1885.

Municipal Rates.

24. If any person, fail to pay any rates for which he is liable, upon the day
notified in the Gazette as the day for payment, the Treasurer may recover the same by
suit in the summary, jurisdiction of the Supreme Court, together with interest at the
rate of eight per cent, per annum until the day of payment.

Refund of rates.

25. Whenever any tenement, not being a tenement at Victoria Peak, is unoccupied
during one or more entire months of any quarter in respect of which the rates upon
such tenement were paid in advance, the Treasurer shall refund the rates for such
months.

(2.) When any tenement at Victoria Peak shall, in any year, be continuously
unoccupied from July to December inclusive, the owner shall be entitled
to a refund of the rates paid during such period on account of such
tenement, and for each succeeding entire quarter during which such
tenement shall be continuously unoccupied he shall be entitled to a
like refund.

(3.) When any tenement at Victoria Peak shall, in any yertr, be continuously
unoccupied from January to June inclusive, and shall teen be occupied,
the owner shall be untitled to a refund of half the rates paid during
such period on account of such tenement.

26. Refunds may be obtained in the following manner :--

(1.) The owner of any tenement may give notice to the Treasurer that such
tenement is vacant not later than the fifteenth day of any month from
the first day of which it is intended to claim such refund.
(2.) So long as such tenement, shall remain continuously unoccupied no
further notice shall be required, but after the re-occupation of such
tenement notice shall again be required as provided for in the preceding
sub-section.
(3.) The person claiming the refund may, within fifteen days after the expiration
of the quarter during which the tenement has been unoccupied,
apply to the Treasurer in the form D in the schedule to this Ordinacne
for such refund.

(4.) The Treasurer may refund the rates for one or more entire months
during such quarter if due notice have been given, and if the Treasurer
be satisfied that the tenement was unoccupied during such months,
which he shall ascertian by causing it to be actually inspected from
month to month.
(5.) In the case of tenement at Victoria Peak no refund shall be made until
the tenement has been continuously unoccupied during two quarters
as herinbefore provided, after which the refund may be made quaterly
till the tenement is occupied.
ORDINANCE No. ,21 0F X88-5.

Municipal Rates.

27. Any person aggrieved by refusal on the part of the Treasurer to
refund rates court may
'
enLeataiui
may apply to the Supreme Court,in its summary jurisdiction, and the Court
may petition exceed-
I $l,o()tt.
adjudicate upon a petition fur a refund of rtes, although the claim
exceeds one
thousand dollars: and for the purpose of such adjudication may receive
any evidence
it thinks fit.
2$, The petitioner shall not recover if the notice required by section 26
of this Want of notice.
Ordinance has not been given, the burden of proof whereof shall rest upon
him,
29. The Governor may, if he thinks fit, for any cause whatever, order the
refund raN'ernormay
of the whole or any portion of any rates paid by any person. order refund,
.

Miscellaneoic.s.

30. Any notice required by this Ordinance to be served upon the occupier
or service (if nvticeA.
owner of any tenement may be served by leaving it at such tenement if
occupied, or if
not occupied, at the abode or place of business of such owner.

31. No misnomer or inaccurate description of .any person, place, or
tenement, in
any documentrequiredfor thepurposes of this Ordinance, nor any mistake,
informality,
or omission committed in any proceeding had hereunder, shall invalidate
or prejudice
such document or proceeding, or in anyyise affect the execution of this
Ordinance,
provided that such person, place, or tenement be designated in such
'document or
proceeding to common intent and understanding, and. that such mistake,
informality,
or omission be not o£ such a nature as to prevent the requirements of
this Ordinance
from being substantially complied with. r

°2. The Governor in Council may, from tune to time, hake, alter, and
repeal
regulations for the better and more effectual carrying out of the
provisions of this
Ordinance. All such regulations shall 'be published in the Gazette, and
when so
published shall have the force of law. .

33. This Ordinance wall take effect upon a day to be hereafter proclaimed
by coinnnez,Ee,ent.
the Governor.

34. Ordinance. No, 12 of 1875 is hereby repealed, but this repeal shall
not revive zcE~eal.
any ena~tment repealed by the said Ordinance, and shall not affect the _
validity of any
rate made beforc'the commencement of this Ordinance, or the liability of
any person to
pay such rate, or the remedies for recovering such rate, and the said
remedies may be
enforced as if this Ordinance had not been passed.
35. No Judge shall be incapable of acting in his judicial office in any
proceeding, -judges may act
in certain cases .
whether commenced before or after the passing of this Ordinance, by
reason of his lv~ft.finb tQ.rates,
being, as .one = of several rate-payers, or as one of any other, class of
persons, liable in
common with the others to contribute to or to be benefitted by any rate
which may 1>e _
increased, diminished, or in any way affected by such proceeding.

Misnomers, &e.,

not to affect the
execution of this
Ordinance.

l.e(;nlations.
ORDINANCE *No. 21~ OF' 1885.
Municipal .bates.

SCHEDULE

Form A.
FOR THE ASSESSMENT OF THE YEAR 13

To owner or occupier of

In pursuance o£ The Municipal Rates Ordi-ttarace, 1885, we require you to
furnish us with the
particulars relating to 'this tenement in the manner specified below, and
to return this document to us at
within one week from the date hereof.

Dated this day of 18

FOR THE ASSESSMEVT OF THE YEAR 13

Return of houses, buildings, and lands, at
the undersign e<1 is owner.

Lot. ( Street.

Des-

cript-
ion.

Yulucrs icndcr 77cc llfunicipal Rute.r

Ordinance, 1885;

in the Colony of IIo11o1CUn-, of. which

Description of
tenement.
1.-Whether
dwelling-house
with out-houses,
garden, &c.,
occupied there
with, or
2. Warehouse
or otherbuilding,
&c., separately
occupied.

Whether
occupied or
vacant.

I£ the former,
name and »

calling of the
occupier,

whether owner
or lessee.

Form. B.

Actual
amount
of
rent per
annum
in dollars
for each
tenement.

FOR THE ASSESSMENT OF THE YEAR 18

If let or leased,
the period of
the tenure,
when entered
upon, and
whether the
premises are
kept in repair
by the
owner or the
lessee at his
own cost.

To .occupier of

We herebjt give you notice under the provisions of section 4 of The MV.
Wcapal Rates Ordinance,
1885, tliat we require permission to enter upon the above tenement for
the purpose of inspecting the
name so ~.s to enable us to fix the valuation thereof for the year 18 :
and that we intend to enter
upon,the said tenement on day next between the hours of and

Victoria, Hongkong, the

Yalucis under The Municipal Ratus

Ordinance, 1885.
To

enumerated

ORDINANCE No. 21 -oF, 4885.

Municipal Rate.

Form C.

ALUATION FOIL THE YEAR 18 . -UNDER THE MUNICIPAL

RATES ORDINANCE, 18

or occupier or holder of the tenement hereunder

Under the provisions of section 9 of the said Ordinance, the undersigned
hereby inform yon that
the tenement specified in the statement given below has been valued to
the rates for the said year at
the gross annual rental therein separately specified.

STATEMENT.

1.ot.

Description. I j No.

Street.

Name.

Description of

tenement.

Gross annual ~ Remarks.

rent.

TTalzcers under Tlce .Dlunicipal .I?ules
Ordinaoee, 1885.

Form D. El'

APPLICATION FOR REFUND OF RATES.

Hongkong,

I request that you will refund the rates paid on the tenements and for
the periods named below.
Notice nas already been given you that those tenements were vacant during
the periods stated, which
do not include any broken month.

The Treasurer,
Honakong-

Oevner or lilgent.

NOTE. 'This application must be made during the first fifteen days after
the expiration of the quarter

eluting which the tenements were vacant.

In ,force fi-om the 6th January, 1886, under proclamation of same date.
Repealed by Ordinance 11'0. 15 of 1888.
1946
Appointment of valuers.
Valuation of tenements to be made.
Powers of valuers.
Penalties.
1947
Mode of valuation.
List of valuations.
To be verified by declaration.
Public institutions to be exempt from assessment.
Notice of the valuation to be given to each tenement.
The list to be open for inspection at the Treasury.
List to be exhibited in country districts.
Existing valuation may be adopted.
1948
Appela Notice of appeal.
Hearing of appeal.
Valuation of improvements.
Mode of valuation.
1949
Appeal form valuation.
Payment.
Rates fixed.
How to be altered.
Rates to be an occupier's tax.

1950
Recovery of rates.
Refund of rates for uninhabited tenement.
Mode of obtaining refund.
1951
Court may entertain petition exceeding $1,000.
Want of notice.
Governor may order refund.
Service of notices.
Misnomers, &c., not to affect the execution of this Ordinance.
Regulations.
Commencement.
Repeal.
Judges may act in certain cases relating to rates.
1952
1953

Abstract

1946
Appointment of valuers.
Valuation of tenements to be made.
Powers of valuers.
Penalties.
1947
Mode of valuation.
List of valuations.
To be verified by declaration.
Public institutions to be exempt from assessment.
Notice of the valuation to be given to each tenement.
The list to be open for inspection at the Treasury.
List to be exhibited in country districts.
Existing valuation may be adopted.
1948
Appela Notice of appeal.
Hearing of appeal.
Valuation of improvements.
Mode of valuation.
1949
Appeal form valuation.
Payment.
Rates fixed.
How to be altered.
Rates to be an occupier's tax.

1950
Recovery of rates.
Refund of rates for uninhabited tenement.
Mode of obtaining refund.
1951
Court may entertain petition exceeding $1,000.
Want of notice.
Governor may order refund.
Service of notices.
Misnomers, &c., not to affect the execution of this Ordinance.
Regulations.
Commencement.
Repeal.
Judges may act in certain cases relating to rates.
1952
1953

Identifier

https://oelawhk.lib.hku.hk/items/show/487

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 21 of 1885

Number of Pages

9
]]>
Mon, 22 Aug 2011 18:02:08 +0800
<![CDATA[ADMINISTRATION OF PASSENGERS' ESTATES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/486

Title

ADMINISTRATION OF PASSENGERS' ESTATES ORDINANCE

Description

Administration of Passengers' Estates.

No. 20 of 1885.

An Ordinance to amend Ordinance 8 of 1860.

[11th December, 1885.]

BE it enacted by the Governor of Hongkong, with the advice of the
Leblslative Council thereof, as follows,:-

1. Ordinance 8 of 1860 is hereby amended by adding after section
46 the following section.


'ORDINANCE No. 20 OF, 188,5.-,

Administration o, f Passengers' Estate.

47. The fcllovvinb special provisions shall regulate the administra-

tion of the estates of passengers who die at sea in the course of
a voyage to Hozzgkong on board of any ship which afterwards
arrives in Hongkong.

1. Where any passenger has died on board of any vessel in the
course of his voyage to Hongkong the master of the vessel in
which such passenger has died shall immediately upon the
arrival of the vessel in Hon;kona hand over to the Harbour
Master all the goods and effects o£ such passenger then on
board of such vessel.

Thereupon the Harbour . Master shall take possession of such
goods and effects and

(a.) If he thinks that their value is more, than $100 he shall
hand then over to the Official Administrator to V%,hom. he
slin.il also furnish in writing all such information as he
may have been able to obtain about the deceased passep-
ger and as he may consider likely to be useful for the due
administration of the estate.

(b.) If he thinks' that ,heir valve is not more than $100 he
shall in such rnanne~ as he may in his discretion consider
convenient and-just distribute them amongst the persons
who appear to hem in his discretion to be entitled to them,
or if he can find no such persons within one month of the
date when the said goods and effects come into his hands
the ~~Y he shall sell them and pay the proceeds of the sale
into the Treasury to a special account to be there kept for
the purpose.

i

For the purposes of this section the expression voyage of a passen-
ger to Hongkong, means the voyage of a passenger to Hong-
l:ong terminates at HUngkOng as the port of destination of such
passenger.

4. At any time within 12 months of the date when the proceeds of any,
estate have been paid into the Treasury under this section any
person entitled to the same or to any, portion thereof may apply
to the Iiarbour Master for the same, and at the expiration of the
said 12 months, the Harbour Master may apply to tie Treasurer
ORDINANCE No. 20 of 1885.

Administration of Passengers' Estates.

and the Treasurer shall pay to , the Harbour Master the said
proceeds of the estate and the Harbour Master shall distribute
the same amongst the applicants- in such manner as he may
consider just arid convenient.

Before distributing any estate or paying the proceeds of any
estate into the Treasury the Harbour Mister shall deduct the

,

amount of any expenses or costs that he may have incurred in.
.advertising or otherwise in the administration of the same.

If no person entitled applies to the Harbour Master under ~ para-
graph 4 within the 12 months in that paragraph mentioned the
proceeds of the estate shall be paid over'to the general revenue
of the Colony; but it shall be lawful for the Governor within a
period of 6 years to direct a refund of the same to any person'
establishing to his satisfaction a legal, moral, or equitable, claim
thereto.
1943

Amending Ordinance 8 of 1860.

Abstract

1943

Amending Ordinance 8 of 1860.

Identifier

https://oelawhk.lib.hku.hk/items/show/486

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 20 of 1885

Number of Pages

3
]]>
Mon, 22 Aug 2011 18:02:08 +0800
<![CDATA[CATTLE DISEASE ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/485

Title

CATTLE DISEASE ORDINANCE, 1885

Description

Cattle Disease.

No. 19 of 1885.

An Ordinance entitled The Cattle Disease Ordinance, 1885.

[18th November, 1885.]

Be it enacted by the Governor of Hongkong, with the advice of the Legislative
Council wtheroof, as follows:-

s

Proclamation 1. Whenever it is made to appear to the (governor in Council
that cattle disease
of ordinance.
prevails in this Colony, or that there is immediate danger of cattle
disease being
introduced into the Colony, the Governor in Council may declare by
proclamation to
be published in 4.he Gazette that the Colony shall be subject to the
following provisions
ofthis Ordinance, and every such ,proclamation shall remain in force
until cancelled
by a further order of the Governor in Council published in the Gazette.
2. .fit any time and from time to `time while a proclamation made under
section
x of this Ordinance is in force the Governor in Council may make and when
made,
alter, add to, or revoke orders in respect of the following matters:
(1.) Prohibiting the importation or' landing of cattle, otherwise than at
such
times and places, and subject to such conditions regarding inspection,
isalatian and subsequent disposal as may be prescribed by such orders.
Cattle Disease

Ordinance No. 19 of 1885.

(2.) Prohibiting the keeping or having, or moving about or -selling or
slaughtering of any cattle, or the sale of milk or meat or animal
refuse of any kind otherwise than subject to such conditions as may
be prescribed by such orders.
(3.) Authoriziug inspectors of markets, or any other officers that may be
specified in such orders for the purpose to destroy or to isolate and
keep under observation any cattle that may appear to them to be or
to be reasonably suspected of being infected or to have been in contact
or in the same herd with cattle affected with disease.

3. The Governor in Council may at discretion pay out of Ahe public
revenues fair compensation.
compensation for the destruction of any cattle which are destroyed under
the provisions
of this Ordinance and which are proved to the satisfaction of the
Governor in Council =
to have been actually in the Colony at any time when the provisions of
this Ordinance
are brought into force.

4. Any person who impedes an inspector of markets or any other officer
appointed
underAhis Ordinance to carry out the orders made by the Governor in
Council under
this Ordinance or does anything in contravention of any of such orders
shall be liable
on summary conviction thereof before a Magistrate to a penalty not
exceeding $200,
or to imprisonment with or without bard labour for a term not exceeding 6
montbs.
In this Ordinance ' cattle' means bulls, cows, oxen, heifers, calves, and
buffaloes.
~~ Disease' means contagious pleuro-pneumonia.

ha'ber, 166.1

. [Repealed by Ordinance No. 17 of 188T.]

NOTE.-For orders in Council under this Ordin ~Dnce, see infra.
Order as to prevalence of cattle disease of the 18th November, 1885,
(Gazette 21st of
sane month.)

Order as to importation of cattle &c., of the 18th November, 1885,
(Gazette 21st of
same month.)
Order as to importation &c., of 18th July, 1886, (Gazette 1 xt'rsame
month.)
1942

Proclamation of Ordinance.
Orders by Governor in Council.
1943
[See order in Council 18th, November, 1885.]
Compensation.
Penalties.

Abstract

1942

Proclamation of Ordinance.
Orders by Governor in Council.
1943
[See order in Council 18th, November, 1885.]
Compensation.
Penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/485

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 19 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:08 +0800
<![CDATA[PRISON ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/484

Title

PRISON ORDINANCE, 1885

Description

ORDINANCE N©. 18 up 188.

No. 18 of 188.
,fin Ordinance entitled The Prison Ordinance, .T 885.

[tee AweW-
mcnt Ordi-

[lath November, 1885.1 1

BE it enacted by the Governor of Hon0orl:ona, with the advice of the
Lep slatme Council thereof, as follows:-
1. The Governor may from tune to time make, and when made alterGovernor
may ma~e-
urrevoke, orders for.any of the following purposes, VIZ. :-- ora.e~ irl
certain
(a.) '1'o set apart any available sites and buildings for the Mattenq~
purpose of a prison.

(b.) To discontinue the use of any prison and appropriate the
site and buildings thereof to any other lawful purpose.

( c. ) '1'o remove prisoners from one prison to another.

(cf.) To appoint fit persons to be respectively superintendents i
of prisms, clmplains and surgeons, and such subordi-
nate officers for, the service of prisons as the Governor.
may think necessary, and to remove such persons from
their offices, and to re(;ulatP the salaries to be paid to
such persons. f

2. The site and buildin;ys and prison h~rroww as Victoria Gaol at the
Victoria, Gaol
time of the coming into operation of this Ordinance shall be deemed to
Pdrison.
~ a

be a prison duly set apart under section 1 ,of this Ordinance.

3. The Superintendent and officers of Victoria Gaol, at the time of
the commencement of this Ordinance shall be deemed to be duly appointed
under section 1 of this Ordinance. But such officers shall hold their
offices by the same tenure, and upon like terms and conditions, as if this
Ordinance had not passed. -

4-: 4: Prisoners shall be under the control of superintendents of prisons
aupe,.,r,tc.nd_
assisted by the prison officers appointed thereto under the provisions of
`''t'~' '
this Ordinance.
~. 1% 1

A prisoner shall be deemed to be in legal custody whenever he custody of
is being taken to or from or whenever he, is ccnfined- in any prison 'in
prisoners.
which he may be lawfully confined, or whenever he is workina outside
or is otherwise beyond .the walls of any such prison in the custody or
order the control of a prison officer belon01ing to such prison, and any

Present
officers to he
deemed ap-
pointed under

this orar-

11 R.71CC.
QI:DIIV'ANCINo: 19 aF''I88S

Prisoh.

constable or other officer acting under the order of any Judge or Justice
of the Peace, or officer having power to commit a prisoner to prison, may
convey a prisoner to or from any prison to or from which he may be

legally committed or removed..

Separatiou 6, The requisitions of this Ordinance with respect to the
separation
.of prisoners.
of prisoners are as follows:-
.

(L) In every prison separate cells slJall as far as possible,be
provided equal in number to the average of the greatest
number of prisoners who have been confined in such

prison at any time during each of the preceding five
years. `

( 2. ) In every prison punishment cells shall be provided or
appropriated for the confinement of prisoners, for prison
offences.

1n a prison containing female prisoners as well as males,
the ,women shall be imprisoned in separate buildings.or
separate parts of the same buildings, in such manner as
to prevent their seeing, conversing, or holding any
intercourse with the men.'

In a prison where debtors are confined, means shall be
provided for separating them altogether from the criminal
prisoners.
r

( 5.) In -a prison where criminal prisoners are confined, such
prisoners shall, as far as possible, be prevented from
holding any communication with each other, either by
every prisoner being kept in a separate cell by day and
by night, except when he is at chapel or taking exercise,
or by every prisoner being confined by night to his cell,,
and being subjected to such superintendc'11ce during the

day as will, consistently with the provisions of this
Ordinance, prevent his communicating with any other,

- prisoner. _ .

(6.) In a prison where prisoners under the age of 16 years are
confined, they shall be kept separate from prisoners ofzD

or above that ae.
GRRINAV'CE No.. I8-oF I-885.

Prison.

7. No cell shall be used for the separate confinement of a prisoners
c;~lb- to be

. approved. by
unless it has been approved m writing by the Governor 'for the purpose, the
and the Governor shall not give his approval in respect of any cell unless
he is satisfied that it is of such a sire, and is lighted, warmed,
ventilated? _
and fitted tip in such a manner as may be requisite for health, and
furnished with the means of enabling the prisoner 'to communicate. at any
time with an officer of the prison; but a distinction nnay be made in
respect of the use of cells for the separate confinement of prisoners
during
long and short periods of imprisonment, and in respect of the use of
cells .
in which the prisoner is intended to be employed during the whole day,
or for 'a long or short part thereof; anal the Governor's approval may be
varied accordingly, so as to express the period of imprisonment for which:
each cell may be considered fit, and the number of hours in the day
during which the prisoners may be employed therein.
No punishment cell shall be used unless it has been approved in writing
by the Governor, and the Governor shall not give his approval in respect
of any such cell unless he is satisfied that it is furnished with the
means
of enabling the prisoner to communicate at any ti.rw with an officer of

-the prison, and that it can be used as a punishment cell without detri-
ment to the prisoner's health, and the time for which it may be so used
shall be stated in the approval.
Every approved cell shall be distinauis.hed by a number or mark

placed in a conspicuous position, and shall be referred to by its number -

or mark in . the Governor's approval, and the number or mark of any
approved cell shall not be changed without the Governor's approval.

Any approval given by the Governor in respect of a cell may be -

withdrawn on such alteration taking place in such cell as to render the
iipprqval, in his opinion, inapplicable thereto, and upon an approval in
respect of a cell being withdrawn, that cell shall cease to he an approved
cell for the purposes of this Ordinance:

$. Hand labour for the purposes of sentences of imprisonment with
bard labour or penal servitude shall be of two classes, consisting, 1st,
of
work at the tread .wheel;. shot drill, crank, capstan, stone-breaking, or
such other like description of hard bodily labour a5 may be appointed by
the Governor, which work is hereinafter- referred to .as hard labour of
the
first class; 2ndly,a of such ,other description of bodily labour as may be
appointed by the Governor, which work is- hereinafter referred to as ,hard
ORDINANCE N0. 1$ ©ir 48815.

.Prison.

labour of the second class ; and in every prison where prisoners sentenced
to hard labour or penal servitude are confined, adequate means shall be
provided for enforcinb hard labour in accordance with the rejulations of
this Ordinance; but prisoners may be employed in lard labour of the
second class outside the walls of tine prison under the cc:ntrol of a
prison
officer belomging to sued prison, and employment in the necessary,
services
of the prison may, in the case of a limited number of prisoners, to be
selected by the. Superintendent as a reward for industry and hood
behaviour, be deemed to be hard labour of the second class.

ants oftb e Ist J, In every prison, prisoners convicted of misdemeanor,
and not
uud 2nd ~aivi- 'sentenced to hotel labour, .shall be divided into at least
two divisions, one
of which shall be called the first , division ; and whenever any person
convicted of misdemeanor is sentenced to imprisonment without hard
labour, the Court or Judge before whom such person has been tried may
order, if such Court or Judge thinks fit, that such person shall be
treated
as a misdemeanant of the first division, and a misdemeanant of the first
division shall not be deemed to be a criminal prisoner within the meaning
of this Ordinance. *Every person imprisoned under any rule, order, or.
attachment - for contempt of Court shall be treated as a misdemeanant of
the first division.

.

Ax4tiay6. 10, Every person who ai,l8 any prisoner in escaping or attempting
to escape from guy prison, or who, with intent to facilitate the escape of
any prisoner, conveys or causes to be conveyed into tiny prison any
icUlsk,
dress, or other disguise, or any letter, or any other article or thin,
shall
be guilty of felony, and on conviction he sentenced to imprisonment with
hard labour for a terra not exceeding two years.

.zut:r ~oatzctiou 11. Every person who, contrary to the regulations of the
pri'sons,
of prohibited,
artinesint.a> brings or attempts by any means whatever to introduce into
any prison
Prison. any spirituous or fermented liquor or tobacco or opium, and every
officer
of a prison who suffers any spirituous or fermented liquor or tobacco or
opium to be sold or used therein, contrary to the prison rebulations, on
conviction shall be sentenced to imprisonment for a terra not -exceeding
sic months, or to a penalty not exceeding twenty pounds, or both in the
discretion of the Court, and every officer of a prison.convicted under
this

Sti shall, in addition to any other punisbment~ forfQit, his office aild
ee on
alb:°~,-t rears --of salvxy due to -him.
0!RDWA1\-Cli No. 1$ of :18815.'

Prison. ,

;:a

1?. :very person who, contrary to .the regulations a prison, ~ C¢uveyilt
ddcument .car
conveys 01' attempts to convey any' letter or other document, or any
article articles out of
a prison.
whatever not allowed by such regulations into or out of any prison, shall
on conviction incur a penalty not exceeding ten pounds, and, if an officer
of the prison, shall forfeit his office and all arrears of salary due to
him,
but this section shall not apply in cases where the offender is liableato
rL
more severe punishment under any other provision of this Ordinance.
r

1.3. The Superintendent shall cause to be affixed in a conspicuous
place outside the prison a notice in English and in Chinese setting forth
the penalties that will be incurred by persons conrnitting any offence in
-contravention of the three preceding sections.

14. It shall be the duty of the Coroner to hold an inquest on the
body of every prisoner who may die within a prison, and in no case shall
any officer of the prison, or any prisoner confined in the prison, or any
per9n engaged in any sort of trade or dealing with the prison, be a,juror
on such inquest. _

15. If any suit or action is prosecuted against any person for any
throb done in pursuance of this Ordinance, such person may plead that
the same was done by authority of this Ordinance ; and if a verdict
passes for the defendant, or the plaintiff becomes nonsuited, or
discontinues
his action after issue joined, or if, upon demurrer or otherwise, judgment
be liven against the plaintiff, the defendant shall recover costs as
between
solicitor and client and have the like remedy fir the same as any
defendant
i
hays by law in other cases; and though a verdict be given for the
plaintiff
in any such action, such plaintiff shall not have costs against the
defendant,
unless the Judge before whom the trial takes place certifies his
approbation
.of the.~action and the verdict obtained thereupon.

16. Offences under this Ordinance, with the exception of felonies,
.and of offences-for the mode of trial of which express provision is made
by this Ordinance, shall .lie prosecutca summarily before a Police

11aalStrate.

17. The, Governor in- Executive Council shall, .as soon, as possible
after the commencement of this Ordinance, make rules for the regulation
.and government of ,prisons, and for the duties end conduct of the
officers
.and other persons employed in prisons, and of the Visiting Justices, and_

Stt lteritlt:E'tl l;-
<tat to tlotit`y
laenalt.ies for
breaches of
the :3 preced-
iug seta ieatts.-

lI1qLt4'st ti) be
held oil 11
death ire Pri-
son; Cert.li tI
persot1.w tlia-
clnalified Frcau
serving asa
juror tit such

Nq11Gsts.

Yrot.retviorx of
persons
against acts
done uncleT
this orE1i-

Offence -
except
felonies to be
prosecuted
summarily
before a,
Magistrate.

Governor- io-
Council nia,yr,
make rides.
~.S're Osd. sl i~.
13 of 1889..j
(.xoW ntiur to

appoint v.isar_

ictg, jW flees.

;aE).Qrt1,.

t?[ - . Commence,
i t t rne.xiG'of
f~-~i 0 rekiuance
-'

i
~r

'ORDINANCE, ~o. _~_g of . zs85.

for the classification, diet, clothing, mvini,enance; employment,
discipline,.
instruction, and correction of prisoners, and for all other matters
relatin(r
to prisons, and may from time to tune repeal, ~ alter, or add to such
rules,
provided that such rules shall not be inconsistent with anything contained
,in this Ordinance. X11 such rules shall be published in the Government
Gazette, and shall from the date of such publication be winding on all
persons in the some manner as if they had been contained in this
Ordinance.
But every such rule or repeal or alteration of a rule may be disall.owed
by Her Majesty, and slYaIl thereupon cease to have effect from the date of
the publication of such disallowance in the Government Gazette. Until
rules shall have been made under this section the regulations for the
government of Victoria Gaol in force at the commencement of this
(Ordinance shall remain in force so far as they are not inconsistent with
anything contained in this Ordinance.

18. The Governor shall from time to time appoint, with their
consent, Justices of the Peace to be Visiting Justices for periods to be
specified in such appointments.

Visiting Justices shall, during the period for which they are hppointecl,
from time fo tune at frequent intervals visit, all prisons, and hear any
complaints which may be mode to theta 1>y the prisoners, and shall report
on any abuses within the prisons, or any repairs that may be required,
fLnd°shall further take cognisance of any matters of pressing necessity
and rfiithiri the powers of tlic~r co.mntission as Justices, and do such
acts
and perform such duties in, relation to prisons as they may be required
to,
do .or~perforrn by the Governor; but subject to the regulations with
respect-
to the duties of Visiting Justices to be made by the Governor in Executive
Council 'under this Ordinance.

19. Ordrbauces 4 of 1863 and 2 of 187$ are hereby repealed, and
sections 63 of U~rdinance 4 of 186, and aU of Ordinance G of 1865, and
95 of Ordinance 7 of 156, and 36 Qf Ordinance 10 of 1865 shall be.
construed as if ttiey~referred to this Ordinance and the regulations made
thereunder, instead of to section 15 of Ordinance 4 of 1x63.

20. This Ordinance shall coioe into operation on a day to be:

piroclaimed by the Governor.

~:~ faree from the Ist February, 1886, by- proclamation of the -30th
January, 1886. -
ORDIN &\'CF, So:: 18 aF 18.

Prison.

Riles and regulations for the management of the gaol at Victoria,
Hongkong, attd for
the guidance of its -officers; made by the Governor in Executive
Council, tender sec. 1 ?' of the Prison Ordinance,
1885, on the 21st and gazetted
the 31 st May, 1830.

1. The officers of the gaol shall be:-One Superintendent, one Surgeon,
and such
Chaplains and such subordinate officers as the Governor may from time to
time appoint:
The Superintendent shall reside in the prison. . ,

2. The Superintendent may punish any subordinate officer for misconduct,
or
neglect or breach of duty, by a fine not to exceed ten dollars, or by
degradation to a
lower rank and pay. Ha shall enter any such exercise of authority in his
journal, and
also in the officers' miseouduct~ book, and report the same without delay
to the
Governor. He may apply all fines to the general hood of the officers in
such nmnner
as may be approved by the Governor. .

3. The Superintendent may not grant more than one week's vacation or sick
leave
without authority from the Governor.

4. The Superintendent shall frequently test the quality and quantity of
the rat i0nq
supplied to the prisoners, and should any deficiency in either be'
discovered, he shall
note the same in his journal, call on the contractor to make it food,
and, if he consider
it necessary, report the same to the Governor. '

5. The Superintendent shall occasionally visit the prisoners at their
meals, and
shall enquire into any complaint that array be made to hire regarding
their food.

6. The Superintendent shall use his discretion in bringing to the notice
of the
Governor the case of any child of tender years whomay be sentenced to
imprisonment,
and carry out the Governor's instructions concerning such child.

7. The Superintendent shall use his best endeavours to assist in the
identification
of prisoners, and with that object shall furnish to the Police any
information in his
powers ,

8. The Superintendent shall, when present, invariably accompany the
Visitirin
Justices in their visits of inspection to the prison, shall inform them
of any prisoner
who wishes to s8e them, and shall otherwise assist them so far as he is
able. During
the inspection ,of the gaol either by Visiting Justices, or lay the
Governor or any other
officer of rank, the prisoners should Trot be taken off their usual work
or ordered 'to
stand at attention. Every facility, however, must be given to those who
wish to
communicate with the officers inspecting, and the Superintendent will see
that due
opportunities are provided.

9. The Superintendent shall take care that the notice board required by
Ordinance
to be placed in some conspicuous place outside.the prison, cautioning
persons against
4RI?INAXCE No.. 18 of 1385.

:Prism.

bringing spirits, opium, tobacco, money, letter, or other prohibited
articles into the
prison, is duly maintained.

14. The Saperintendent will, with the warden, enforce the highest
possible degree
of cleanliness in every part of the prison, in the persons of the
prisoners, their clothes-
and bedding, and see that the bedding and clothing are all in proper
repair.

11. The Superintendent shall deliver daily to the Surgeon a list of
prisoners in
solitary confinement, and of such as may have complained of sickness,
sores, or any other-
ailment, without any exception, whether he thinks such complaint
groundless or not:;.
also a list of prisoners who have recently suffered, or are- about to
suffer, corporal
punishment, or solitary confinement; and shall call his attention to any
case of insanity
or apparent insanity occurring ami>fig the prisoners.

12. The Superintendent shall take every precaution to prevent fire, or
the escape
of prisoners; and shall cause all the wards, cells, bolts, bars, and
locks of the gaol to
be thoroughly examined daily.

13. The Superintendent shall cause to be fully explained to every officer
his general
duties, and especially those required of him in case of fire, or in case
of any attempt to
escape made by either a single prisoner, or several in concert.

14. The Superintendent shall take proper and discreet means to ascertain
that no
visitors to prisoners bring into the Gaol anything not permitted by the
rules of the
gaol, or, in his opinion objectionable. To secure this as far as
possible, he will on no
account allow the employment of prisoners as servants by any officer of
the gaol.

lv. The Superintendent or, in his absence, the warded may, on reasonable
grounds.
of suspicion, require that visitors to prisoners be searched in his
presence, except in
the case of females, who shall be searched in a private room by the
matron. Should
such visitors refuse to be searched, or to give their names and
addresses, he may refuse,
'them admittance.

1.6. The Superintendent shall see that the proper number of prisoners
required by
the Surveyor General for the public works are sent out at the proper
time; with a
sufficient number of well-armed officers for their safe custody, and he
shall occasionally
visit them while at work. k ''

17. The Superintendent may permit any respectable person to view the gaol
at
reasonable hours; accompanied by an officer, who shall caution such.
visitor against
conversing with any prisoner.

18. The Superintendent shall pay attention to then ventilation, drainage,
.and
sanitary condition of the prison, and take such measures as may be
necessary for their
being maintained in perfect order; and with the Surgeon shall frequently
examine 'and
see that the washing places, baths, and closets are in efhciet working
order; and it
shall be the duty of every officer to report at once any defect by which
these arrange;-
Inents do not effect their proper object.
ORDINANCE ' ?.'o. 18 or `1'8$5.

19. The Superintendent shall visit prisoners in solitary confinement,
occasionally
visit the wards and- cells at night, and keep a general supervision over
the mark system.

20. The Superintendent shall hear the repcrts every day, at such an hour
as is
juost convenient, and shall take care that every prisoner having a
complaint to make,
or request to prefer to him, shall have ample facilities for doing so;
and be sball
rtldress any grievances, or take such steps as may seem necessary,
recording the same
in the prisoners' interview book.

21. The Superintendent shall forward to the Governor without delay any
report
or complaint which any officer of the prison may desire to make to him,
and shall
on no account suppress it; but he may offer any explanation with it which
may seem
to him requisite.

22. The Superintendent sball enforce the observance of silence throughout
the
prison, and prevent all intercourse or communication between the
prisoners, so far as
the formation and the conduct of the business of the prison or the labour
of the
prisoners will permit, and shall take care that all necessary and
unavoidable intercourse
or, communication between prisoners be conducted in such manner only as
be sball
from time to time direct. .

23. The Superintendent sball take care that no prisoner is subjected to
any
punishment which the Surgeon is not satisfied be is capable of
undergoing; and shall
see that the written recommendations of the Surgeon are attended to as to
the supply of
any additional bedding or clothing,- or alteration of diet for any
prisoner, or with
respect to any alteration of discipline or treatment in the case of any
prisoner whose
mind or body appears to require .it.

24. The Superintendent sball cause an inventory to be kept of all
clothing,
0
bedding, tools, furniture, &c., under his charge, which shall be verified
half-yearly;
and he shall satisfy himself of the correctness of the inventory, and
shall countersign
the same. All unserviceable and unrepairable articles at such times shall
be brought
forward for inspection, that they ma,y be.condemned and sold, or
otherwise disposed of.

25.' The Superintendent shall exercise his authority with firmness,
temper, and
humanity. His object should be not only to give full effect to the
sentence awarded
to the prisoners, but also to induce in ,them practical habits of
industry, regularity,
and good conduct ,

26. The Superintendent shall submit to the Governor, by the 1st of
February in
each year, an annual report of the prison for the previous year,
referring to all subjects
of interest, and giving a brief history of the prison.

27. The Superintendent shall enter in the Superintendent's order book:
all per-

m-tnent orders: which be' shall- issue relating to the manageiuent and
discipline of the
prison. ' -
ORDINANCE No.'18'wr;,1895.

Prison.

28. The Superintendent shall, a few days before the opening of the Supreme
Court, Sessions, on the occasion of prisoners who are committed for trial
being served
with the usual informations, ask each man if he wishes to call any
witnesses for his
defence, and shall at once inform the Police authorities in order that
such witnesses
defence, be if necessary summoned to appear at the sessions. The
Superintendent will
record this in his journal, stating the number of prisoners who have been
asked the
question, and their replies to it.

29. The Superintendent will be held responsible for the due _ discharge
of the
prisoners at the expiration of their sentences.

THE WARDEN.

30. The warden shall assist the Superintendent in his duties, acquaint
himself
with the rules and regulations of the prison, and see that they are
strictly carried out
1>y both the subordinate officers and prisoners.

31. The warden shall reside' in the prison, or at a place appointed by
the Gov-
ernor, and shall not absent himself from his quarters for a night without
the permission
of the Superintendent. He shall take charge of the gaol during the
temporary
absence of the Superintendent and shall not leave the gaol during such
absence; nor
during the presence of the Superintendent without his permission.

32. A deputy warden shall be appointed by the Superintendent to act during
tb.e absence of the warden, such deputy to have all the powers,
authorities, and
responsibilities of the warden, who shall, before leaving the gaol,
personally give
-over charge to the deputy, with all necessary instructions. .

33. The warden shall take ease that every prisoner on. admission is put
into a
reception cell and strictly searched, and that all knives, weapons,
instruments, money,
opium, tobacco, or anything foel)idden by the rules, or anything likely
to facilitate
escape, be taken-from such prisoner. As far as practicable no such search
shall tame
place in the presence of any other prisoner.

34. On the admission of each prisoner, it shall' be the duty of the
warden or
clerk to record in the gaol register or nominal record of prisoners, the
name,, age,
height, weight; features, particular marks and general appearance of such
prisoner,
with ,anything else worthy of notice.

35. The warden shall take care that all,_articles taken from prisoners,
with their
clothes and otter effects, and all finch throbs as may from time to time
be sent in on
the prisoner's account shall be entered in the Prisoner's Property Book,
with the date
of their receipt and restoration ; and that all such property shall be
kept in a suitable
place to be provided fur the purpose, and shall be restored to the
prisoner on his dis-
charge; except such clothes as it may be considered necessary to destroy,
or such
money or property, as the Governor may think fit-to confiscate; or to
allow the prisoner
to have to assist him in his defence on his trial.
ORDINANCE No.-18. ai 188.

36. Prisoners on entering will be carefully searched, and all money,
valuable s,
&c. found in their possession will be at once entered in thq 'Property
Book.'

37. The head turnkey on duty will, before prisoners are told off to
cells, &c.,
check the 'Property Book' and inform the prisoner of the description of
property
recorded. All money and valuables will then he handed over to the warden
to be
locked up. The head turnkey will initial the ' Property Book' as to the
correctness
of the entries, &c.

3$. The warden shall attend every corporal punishment inflicted within the
gaol, and enter in the Occurrence BOUk the day send hour of the
infliction of the
punishment, with the number of strokes, and the direction of the Surgeon
thereon.

39. The warden shall in no case inflict any punlshinent without the
orders of
the Superintendent of the gaol, or in the case of corporal punishment,
without a certi-
ficate personally given in writing by the Surgeon, that the person to be
punished is in
a fit state of health to receive the number of strokes awarded to him
without injury.

40. The warden shall take care that prisoners have au opportunity of
making
complaints or requests to him, and he shall either take steps to redress
any grievance,
or shall report the same to the Superintandent.

41. The warden shall take care that any prisoner who wishes to see the
Super-
intendent, or Visiting Justices shall have an opportunity of doing so.

42. The warden shall visit the workshops, yards, and corridors
frequently, and
see that the prisoners are kept at their work. He shall also occasionally
visit the
wards at an uncertain bour during the night, to ascertain that the
offices on duty are.
on the alert. He Shall diliently observe the behaviour of all subordinate
prison
officers and see that they strictly adhere to the rules, and shall report
immediately to~
the Superintendent at)y neglect or misconduct that i4,)ay come to his
knowledge.

43. The warden shall be responsible to the Superintendent that the
details of
duties connected with order and discipline of the gaol are carried out
with promptness.
and regularity, and in strict accordance with the regulations. He shall
also enforce
the gre~test economy.

44. The warden shall daily inspect every part of the prison, see that
every thing
is clean and in good order, and that the means of security in the
different yards, &c.,.
are effective. Ire shall pay special attention to prisoners in solitary
confinement.
He is to see that no ladders, planks, ropes, chains, or anything likely
to facilitate
escape are left exposed in the yards.

45. The warden shall superintend the parade of the working parties, and
shall
be careful that they are despatched to their labour with regularity and
without loss of
time. He will check their numbers on their departure from, and on their
return to
the prison, and will see that the good conduct marks earned by each
prisoner have
been communicated to him.
46. The warden shall superintend the3 isatsing Q£ ,ths. grisoners' meals;
shallaake
care that their clothing is in, proper repair, their. hair kept in good
order., and their
washing, shaving and bathing attended to.

47. The warden shall at once communicate to the Superintendent every cir-
cumstance which may came to his knowledge likely to affect the security,
health, or
discipline of the prisoners, efficiency of the subordinate officers, or
anything which
may in any way require his attention.

48. The warden shall take care that every article of food supplied for
the use of
the prisoners is sound and of good quality; and that the scales, weights,
and measures
in use in the prison for the issue and distribution of provisions,
stores, &(;., are accu-
rate and in proper order. ,

49. The warden shall not, directly or indirectly, have any interest in
any, contract
for the supply of the prison; nor shall he receive, under any pretence
whatever, any
fee or gratuity from' any person supplying or tendering supplies for the
prison.

50., The warden shall keep such books and accounts as may be prescribed
by the
Superintendent, and shall assist the Superintendent in keeping a correct
inventory of
all clothing, bedding, furniture, tools, and cooking utensils in the
prison.

51. The warden shall cause the whole of the prisoners to be counted twice
daily,
and satisfy hiruself that the number is. correct,

62. On -parading the officers both for day and night duty, the warden
will see
test, t$ey, are in all respects fit for, and properly acquainted with
their duties. He wil l
-also read to them any new orders from the Superintendent's Order Book.

5'3: The warden shall endeavour to exercise a sound moral influence ,
over both
the officers and prisoners placed under his supervision. He shall
restrain by his
authority, every tendency to oppression or undue harshness on the part of
the subordi-
nate officers, and likewise every tendency to levity, rudeness, and
insubordination on
the part~:of prisoners, and shall aim to raise the minds of the officers
to a sense of their
responsibility, and of the comfort arising from a conscientious discharge
of their
duties. .

54. The warden shall see that the keys are securely disposed of for the
night,
under such regulations as may be established by the Superintendent. He
shall see
that the rules relatin ; to visits to prisoners are carried out in a
proper manner. Such
visits shall take place in the presence of an ofHcer, and be recorded in
a book kept for
that purpose.

55.. The warden shall take care that no articles of clothing are issued
until they
have,beeu properly marked with the prison marks.

z ..- 56.. The warden shall, make a weekly, iuspection of the officers'
quarters,.and if
necessary report the result as to repairs, &c., being needed., .
ORDINANCE h'`o. 18. tar-18855.,

THE HEAD TURNKEYS.

57. The head turnkeys shall have assigned to them the immediate charge of
such prisoner, and such parts of the prison as the Superintendent or the
warden may,
direct, and shall be responsible for the maintenance of proper order and
discipline
.among such prisoners, and such portions of the prison.

58. The head turnkeys shall perform such duties as may from time to time
be
.prescribed by the Superintendent for the purpose of preventing
communication be-
tween the prisoners, and enforcing diligence, cleanliness, order, and
conformity to the
rules of the prison. Each shall in turn have charge of the prisoners on
the public
works, arid shall take particular care that the rules relating to the
management of
-such prisoners are carried out in their integrity.

59. Each head turnkey shall in turn perform duty at night, and shall take
charge
of the gaol under the Superintendent and warden; to whom he shall report
any event
of importance which may .happen during the night, and shall see that the
rules relating
to the officers on night duty are strictly enforced.

60. The head turnkeys shall see that the officers leave for and return
from their
meals punctually, reporting any breach of the rules in this respect.

61. The head tur ukeys shall see that- the prisofters are kept strictly
to their,
labour. They shall diligently observe the behaviour of all the
subordinate officers m.
well as of the prisoners, and see that all strictly adhere to the rules;
and shall report
immediately to the warden any neglect or wiscondact that may come to their
knowledge.

62. The head turnkeys shall especially attend to the carrying into effect
all
orders as to'be punishment to be inflicted on prisoners, and shall see
that those in soli.
tary confinement are provided with necessaries.

63. The head turnkeys shall frequently inspect every part, of the prison,
and
.ascertain that all locks, bars, bolts, and other means of security are
in good order, and.
that the prisoners have not in their possessiou any prohibited articles,
for which
purpose they may search the persons of the prisoners frequently; beading
in mind the
latter part of rule 31. They shall occasionally inspect the turnkeys'
quarters, water
closets, and all other places connected with the prison, and see that
they are kept in
proper order. They shall also see thatthe fire engine, fire pumps, and
egtincteurs
are, in good working order, and that the fire buckets are at all times
,kept filled with
water. They shall also see that the water-pipes and cocks, and those for
the supply of
gas, are in working order, and that no leakage exists:

64. ;Each head turnkey shall in turn superintend the unlocking and
assembling
-of the ;prisoners fQr their mor ping: meal, aid the mustering;
searching, and locking up

,.
in the evening. _. ,
'ORDINANCE No. ':18`cjv` 51.8$5:

Prison.

65. Each head turnkey shall in turn assist in-giving over charge of the
gaol to
the officer in charge of the night duties, and for that purpose shall
accompany him
round the gaol at 6 P.m., and shall see that all the locks are tried
throughout ' the
gaol, and that the keys are given over to him.

66. Each head turnkey shall in turn issue library books to the European
prisoners
weekly; taking care that the books are returned by the prisoners in
proper condition.

67. During the head turnkey's turn on Sunday duty lie shall on no account
leave
the gaol from 2 P.m. on Saturday, until 6 A.M. on the Monday following,
unless
permitted to leave for a short time by the warden; who shall during such
absence act
for him.

tendent.

68. Rule 49 shall apply to the head turnkeys equally with the warden.

THE MATRON.

69. The matron shall reside in the gaol, and be under the orders of the
Superin-

70. The matron shall carry out all the rules laid down for the direction
of the

warden as to male prisoners, so far as such rules are applicable to
female prisoners.

71. The matron shall be present at the distribution of food to the
prisoners ;
inspect every part of the female prison daily, see every prisoner at
least twice iu each
twenty-four hours, and shall at least once a week visit the ward at an
uncertain hour,
during the night.

72. The matron shall not b#e absent from the gaol without the permission
of the.

Superintendent, and when she obtains leave it shall be entered in her
journal.

73. The matron shall take care that no male officer or visitor enters the
division

of the prison allotted to females, unless accompauied by herself, or some
other female
officer.

74. The matron shall search female prisoners on admission, and as often
after-

wards as she thinks necessary; tend shall see that they are bathed, and
properly

clothed in. the prison dress.

75. In case of necessity, and with the sanction of the Superintendent,
the matron
may delegate her duties to the wife of an officer of the gaol, or some
other married

woman.

76. The matron shall keep in her possession the keys, of the cells and
wards of
the female prisoners, and the locks and keys of such cells and wards
shall be different
from those of the cells and wards of the male prisoners.

77.. The matron shall see that the wards, cells, and yards of the female
prisoners.
are kept scrupulously clean. She' shall pay special attention to female
prisoners in

.
solitary confinemeut.
ORDINANCE NO. '18 of l8s5.

THE PRISON OFFICERS.

78. All subordinate officers shall obey the commands of the
Superintendent in the
performance of their duties.

79. Subordinate officers shall thoruu(;hly acquaint themselves with thty
rules and
regulations of the gaol so as to be conversant with every detail ; they
shall frequently
examine the state of the cells, be&ling, locks, bolts, &c., and shall
seize all prohibited
articles, and deliver them to the Superintendent forthwith,

80. No subordinate officer is on any account to enter a prisoner's cell
at night,
unless accompanied by another officer.

81. Subordinate officers whose services are discontinued (except those
who are
temporarily engaged, who shall not have completed their probation, or who
shall be
dismissed for misconduct) shall be entitled to a month's notice or a
month's pay.
Those whose probation is not completed are entitled to only a week's
notice, or a week's
pay; or if they commit an offence meriting it they can be at once
discharged. Officers
who wish to resign their situation shall give a. month's notice.

82. No subordinate officer shall absent himself from the gaol without
permission
from the Superintendent, and when leaving the gaol he shall not carry his
keys or
book away with him.

83. Officers shall on no account leave their keys lying about; but shall
an leaving
their post deliver them to the officer appointed to receive them.

84. It is the duty of all officers, without exception, to treat the
prisoners with
kindness and humanity, to listen patiently to their complaints, to inform
the warden
of any prisoner who desires to see him or the Superintendent, and to be
firm in main=
taming order and discipline, and enforcing an observance of the rules of
the gaol.

85.Subordinate officers must not sit down or lounge about during their
turn of
duty; but must be always alert and watchful, keeping their faces towards
the prisoners
under their charge.

86. Subordinate officers shall examine the prisoners' clothing, and see
that it is at
all titues in proper repair. s

87. Subordinate officer`s are prohibited, on pain of dismissal; from
borrowing
money from the compradore.

88. No officer of the gaol shall be a bailiff nor be concerned in. any
trade or other
,occupation, his whole time is to be devoted to the service of the gaol.

89. All prism officers shall treat the Visiting Justices, Judges, Members
of the
council, and Magistrates wish courtesy and respect.

- 90. Any subordinate officer desiring to appeal.against any decision of
the Super-
intendent which affects him will state his complaint in writing, for the
consideration
,of -the Governor.
ORDINANCE Xo. I$ of 1885.

Prison.

91. It shall be the duty of every officer to direct the attention of the
Superintend-
ent to any prisoner who may appear to him not in health, although he may
not com-
plain, or whose state of mind may appear to him deserving of special
notice and care,
in order that the opinion and instructions of the Surgeon may be taken on
the case.

92. Any officer who shall be guilty of assaulting or otherwise molesting
any pri-
soner, either within or without the gaol walls, unless compelled to do so
in self-defence-
or for some other lawful purpose, shall be at once suspended with a view
to his dismissals.
and even if compelled to strike in self-defence, no unnecessary violence
should be used.

93. No subordinate officer, on any pretence whatever, through favour or
mistaken
tzotions of kindness, shall fail to make an immediate report to the
Superintendent, or
other his superior officer, of any misconduct or wilful disobedience of
the prison segu--
lations.

94. No subordinate officer shall unnecessarily converse with a prisoner,
nor allow
piny familiarity on the part of prisoners towards himself, or any other
officer of the
prison; nor shall he on any account speak of his duties, or of any
matters of diseipline
~~r prison arrangement, within hearing of the prisoners.

95. Every officer who shall, contrary to orders, bring in ' or carry out,
or know.
iazgly allow to be brought in or carried out, to or for any prisoner, any
money, clothing,
provisions, tobacco, letters, papers, or other articles whatsoever; ,or
shall give, or cause.
to, be given to any prisoner suelz articles; 'shall be forthwith
suspended from his office
by the Superintendent, who shall report his case to the -Governor that
the offender-
°nia:v~ be dealt with under sections 11 and 12 of the Prisons Ordinance.

So far as the exigencies of the service will permit, subordinate officers
shall be.
oalowed leave on Saturday afternoon after the prisoners are locked in
their cells, and
,on Sunday, Good Friday, Christmas Day, and Government holidays, and at
other- -
times when they can he spared.

97. Any officer, on entering the gaol service, must understand that he
may be
employed in any part of the Island, wheresoever it may seem fit to the
Governor to,
employ him.

98. No subordinate officer is to punish a prisoner, except when ordered
to do so
lay the Superintendent. ' .

99. Each subordinate officer will be considered on probation for the
first three
months of his service; his appointment will not be confirmed at tlfe
expiration o`
three months, unless the officer has proved himself in all respects
fitted for the post.

100. Officers are forbidden to smoke or chew tobacco while on duty, and
they
nzusVbe careful to leave no tobacco or money lying about within reach of
prisoners, or
in their clothes when being sent to be washed.

. .. Cpl; Every subordinate officer of the gaol who shawl fail to
exercise a proper-
vigilanoe~over the prisoners 'commattea to his charge, or to perform any
duty enforced
zapoii hire by the regulations of the prison, or shall wilfully or
carelessly disobey,..
ORDINANCE No: :Ii8 of 1895 . 1,916

Prison.

neglect or evade, or ptermit to be disobeyed, neglected, or evaded, any
rule, regulation,
or order, lawfully made and provided in respect of such gaol, shall be
liable to be
dealt with by the Superintendent under rule No. 2.

102. The subordinate officers are expected to conduct themselves in an
orderly
and respectable manner at all times when off duty.

108. When on duty subordinate officers will appear neatly dressed in the
uniform
of the gaol. Uniform will be supplied to them half-yearly, viz., two
suits white
summer clothing, with boots, helmet, and puggarees, in May; and one cloth
suit, with'
boots, and cap, in November. They will be supplied with an overcoat every
fourth
year.

104. Subordinate officers suspended from duty and afterwards restored to
their
situations shall not receive any pay, for the time during which they
shall have been
suspended, unless a particular order be given for that purpose by the
Governor.

105. All subordinate officers; on being relieved from any particular
duty, or
transferred to another part of the prison, shall point out to their
successors all matters
of special importance connected with their duties, and explain any
directions of the
Superintendent, or other superior officer, affecting any particular
prisoner.

106. Any subordinate officer disabled from the regular performance of his
-duties
by illness must report the same to the Colonial Surgeon, who will, if
necessary, order
his removal to the Government Civil Hospital; and during the time he is
there he will
be expected to conform to the rules of that establishment, and pay such
charges as
may be claimed for his maintenance and treatment.

107. All officers of the prison must be men of moral principle and
unblemished
character. Disreputable conduct, and especially intoxication, will be
visited, with
severity. 11

SURGEON.

108. The Surgeon shall have the medical charge of all the prisoners in
the gaol,
and ofyheir treatment when sick. He shall also give medical advice and
assistance,
including medicine, to the officers of the prison and their families. 'He
shall report
from time to time, as may be directed, upon the sanitary condition of the
prison, and
health of the prisoners and the prison officers, and in reference to any
other paint in
connection with the maintenance of health in the prison upon which he may
be directed
to report.

109. The Surgeon shall visit the gaol hospital every morning (and
oftener, if
necessary) and attend to both the complaining sick and those in hospital.
. He shall
inspect the 'newly admitted prisoners and pass them for hard labour or
otherwise.
He .shalh visit the punishment.cells, and see the prisoners confined
therein, as also all
prisoners before they are put on penal diet.
orders.

ORDINANCE No. 1S..ozr 1885.

110. The Surgeon shall attend without delay at the gaol at any hour on
being
summoned by the Superintendent, who shall be responsible for the
reasonableness of
the summons.

111. The Surgeon shall eryter in a journal to be kept in the gaol--

(a.) Any observations or suggestions he may deem it important to make ou
the diet of prisoners not.in hospital.

(b.) A short daily record of any sick prisoners under his treatment,
whether
they are in hospital or not; their names, nature of their complaints,
and the treatment pursued.

(c.) His orders for such additional articles of food or clothing as he may
deem necessary for the health of any prisoner not in hospital, and the
medical reasons for such orders. Such orders shall be entered in the
Superintendent's daily return, and submitted to His Excellency the
Governor.

112. The Surgeon shall visit prisoners in separate cells who have given
notice to

the Superintendent that they are unwell and wish to see the medical
officer.

113. No medicine, shall be administered to any prisoner without the
Surgeon's

114. The Surgeon shall regulate the hours of exercise and' o£ labour of
prisoners
out of health.

115. The Surgeon shall examine every prisoner on whom corporal punishment
is
about to be inflicted, before it takes place, and give a certificate of
his fitness to receive
it or not. He shall be in attendance whets such punishment is inflicted.
After such
punishment, he shall daily attend to and examine such prisoner, until his
person is
quite healed.

116. The Surgeon will examine the food provided for the prisoners, and
inspect
every prisoner weekly, and daily when epidemic disease exists in the
neighbourhood. ,

11'l. The S'urgeon is to give written directions for separating prisoners
having
infectious complaints, or suspected of having them; and for cleansing,
disinfecting, or
destroying any infected apparel or bedding.

11$. The Surgeon .shall report to the Superintendent the case of any,
prisoner
.about to be discharged who may be suffering front acute or dangerous
disease; in
which case the prisoner shall not be discharged, unless he demand it.

119. The hospital warders shall ,be under the immediate orders: ~ of the,
Surgeon;
end shallAbe present at such times, and perform such duties as he may
require from
them, consistently with their position in the gaol. j
ORDINANCE Nci: 9'~:oF='.38'95. . 1-91=

720. The Superintendent shall place at the disposal of the Surgeon well
conducted
prisoners, who can safely.be.entrusted with the d-uty of attending upon
the sick, n©t
exceeding in number one to every ten patients.

121. The Surgeon shall report to the Superintendent any irregularity, in
the gaol
hospital which may come to his knowledge, or any difficulty or obstr
uetion which he
may meet with in the performance of his duty.

122. The Surgeon is to examine all candidates for employment as
subordinate
officers or servants of the gaol, and report whether they possess the
necessary qualifica-
tions as to,health and strength.

128. The Surgeon shall tike care that all medicines and stimulants are
properly
locked up, and are not accessible to any prisoner ; and when there is no
paid dispenser,
lie shall issue day by day to the hospital warder all medicines and
stimulants to be
administered in his absence.

124. The Surgeon's Journal shall be laid before the Governor at least
once in
each quarter of the year, and he shall report at the same time on the
condition of the
prison and the health of the prisoners and officers recording any want of
cleanliness,
proper drainage, warmth, ventilation, or any insufficiency or bad quality
of bedding,
clothing, provisions or water.

125. -The Surgeon shad deliver to the Colonial Secretary, as soon as
possible
after the close of December in each year, a report in which shall be
detailed the
number of sick among the prisoners during the year just closed, the
mortality, the
sanitary condition of the gaol, and what diseases have been most
prevalent therein.
He shall point out any defects in the .construction or management of the
gaol to
which such sickness may be attributed, and also what precautions should
be taken to
prevent the same.

THE CHAPLAINS.

126. The Chaplains shall conduct divine service with the prisoners of
their res-
pective religions at least once on Sundays, and perform such other
offices as they may
think fit, and may, visit each of such prisoners in his or her cell as
often as they may
thin3c f t at reasonable times. To sick, dying, or condemned prisoners
they shall have
access at any time.

127. The same privileges shall be allowed to every recognised minister in
respect
of the prisoners of his own religion.

128. The Chaplains shall inform the Superintendent whenever they may
observe
the mind of any prisoner to be liable to be injuriously affected by any
punishment
awarded.

129. No prisoner shall be obliged to attend any service to which he may'
object on
religious grounds, unless in' the opinion of the Superintendent such
objection is
frivolous and vexatious:
ORDINANCE. No4 -18 op 1885:

.130. The Chaplains shall record their visits in' the Visitors' Book, and
shall notify
the times, of the celebration of the Holy Communion. Prisoners desiring
to com-
municate must signify their wish to them before the time appointed.

131. The Chaplains shall, in carrying out their duties, be careful not to
interfere
with the established rules and regulations of the prison, or the routine
of discipline
and labour.

132. The Chaplains shall confer with the Superintendent on all points
connected
with their duty, and they shall co-operate with him, and with the other
officials of the
prison, in promoting the good order of the establishment, so far as
concerns, the duties
of their office.

133. The Chaplains shall once a year present to the Governor a report of
such
points connected with their department as they may think it desirable to
bring
before him.

134. A. library shall be provided for the prisoners, consisting of such
books as
tray from time to time be approved of by the Chaplainssand sanctioned by
the
Governor.

THE VISITING- JUSTICES.

135. The gaoLshall be open to all Justices of the Peace.

136. Two Visiting Justices (one official and one non-official) shall, in
company if
possible, visit the gaol at least once a week, and on other, days when
their presence
may be required.

137. The Visiting Justices shall inspect the prison and prisoners, and
hear any
R
complaints which may be made to them by the prisoners, and shall report
on any
abuses within the prison, or any repairs which may be required ;
statements as to
which they shall enter in the Visiting Justices' Book, with any
suggestions or remarks
they may wish to bring to the notice of His Excellency the Governor as to
the state
and discipline of the gaol. They shall pay special attention to prisoners
in hospital
and solitary confinement.

138. If the Superintendent shall represent to them that he has, in case
of jargent
necessity, put a prisoner in irons, or under mechanical restraint, and
that it is neces-
sary that such prisoner should be kept in irons, or under mechanical
restraint for more
than twenty-four hours, the Visiting Justices may authorise such
detention by order
in writing, which shall specify the cause thereof, and the time during
which the
prisoner is to be kept in irons, or under mechanical restraint.

139. The Visiting Justices- shall inspect the diet of the prisoners, and
if they
shall find that the quality of any article does not fulfil the terms of
the contract they
shall note the fact in their book.

140; The Visiting Justices. shall also discharge such other duties as are
assigned
to them in the special rules for special classes of prisoners, and in the
general. rules.
ORDINANCE No. I8 OF 1885.

Prison.

SPECIAL RULES

for prisoners awaiting trial, those remanded from the Police Court, and
those
committed for the first time in default of finding security.

141. Such prisoners shall be kept apart from convicted prisoners and not
allowed
to see them at any time.

142. Such prisoners shall not be required to take a bath on reception,
if, on the
.application of the prisoner, the Superintendent shall decide that it is
unnecessary, or
the Surgeon shall state that it is for medical reasons unadvisable.

143. In order to prevent such prisoners front being contaminated by each
other,
.or endeavouring to defeat the ends of justice, they shall be kept
separate, so far as
the prison accommodation will allow, and shall not be permitted to
communicate
together.

144. The Visiting Justices or Superintendent before ;ranting any
permission

which by the following rules they are authorised or required to grant,
shall satisfy
themselves that it can be granted without interfering with the security,
good order,
and government of the prison and prisoners therein; and if, after it has
been granted,
its continuance seems lively to cause any such interference, or if the
prisoner has
abused such permission, or has been guilty of any misconduct, the
Visiting Justices
shall have power to suspend or withdraw such permission, and in like
circumstances
the Superintendent may. withdraw or suspend the same when it has been
granted by
himself, or suspend it when it has been granted by the Visiting Justices
if the case is
urgent, provided he report the case as soon as possible.

145. The Visiting Justices or the Superintendent shall, on the
application of any
such prisoner, if, having regard to his ordinary habits and condition of
life they think
such special provision should be made in respect toAhim, permit any such
prisoner-.-

1. To occupy a suitable room or cell specially fitted for such prisoners;
and
furnished with suitable bedding and other articles, in addition to, or
different from those furnished for ordinary cells.

2. To exercise separately, or with selected untried prisoners, if the
arrange-
ments and the construction of the prison permit it.

3. To have, at his own cost, the use of private furniture and utensils
suitable
to his ordinary habits, to be approved by the Superintendent.

4. To be relieved from performing any menial unaccustomed work.

146. The Superintendent nay modify the routine of the prison in regard to
any
-such prisoner, so far as to dispense.with any practice which, in. he
Superintendent's
opinion, is clearly unnecessary in the case of that particular prisoner.

147. Any such prisoner who prefers to. provide his own food for any meal
stall
dive: notice :thereof beforehand at the .time required; .but the
Superintendent.shall-not
ORDINANCE No'.- 18.' o-1883:

permit any such prisoner to receive any prison allowance of food for the
meal for
which he procures or receives food at his own expense. Such prisoners
shall also be
allowed to wear their own clothes if sufficient and fit for use.

148. Articles of food shall be received only at hours to be fixed from
time to time.
They shall be inspected by the officer of the gaol, and shall be subject
to such res-.
trictions as may be necessary to prevent luxury or waste.

149. No such prisoner shall, during twenty-four hours, receive or
purchase more
than one pint of malt liquor, or cider, or more that half a pint of wine.

150. No such prisoner shall be allowed to sell or transfer any article
whatsoever
allowed to be introduced for his use to any other prisoner.

151. Such prisoner shall not be compelled either to have his hair cut,
or, if he
usually wears his beard, &c., to shave, except on account of vermin or
dirt, or when
the Surgeon deems it necessary on the ground of health and cleanliness;
and the hair
of such prisoner shall -not be cut closer than may be uece Ary for the
purpose of
health and cleanliness.

152. The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall be swept and cleaned by themselves every morning subject
to rule
141. The furniture and utensils appropriated to their use shall be .kept
clean and
m'eatly arranged. They may be allowed the sane privileges as are by rule
173 accorded
to 1st class misdemeanants. Any sum earned by them will be paid to them
on their
discharge.

153. Every such prisoner shall be permitted to have supplied to him at
his own
expense such books, newspapers, or other means of occupation, other than
those fur-
nished by the prison, as are not, in the opinion of the Superintendent,
of an objec-
tionable kind.

154. Each such prisoner shall be permitted to be visited by one person,
or, if
circumstances permit, by two persons at the same time, for a quarter of
an hour on ,auy
week day, during such hours Eta may from time to time be appointed.

155. The Superintendent tnay in special cases permit the visit to be
prolonged,
and allow more titian two persons to visit the prisoner at one time.

-156. Every such prisoner shall at his request be allowed to see this
legal adviser
(a solicitor or his clerk) on any week day, at, any reasonable hour, and,
if required,
in private; but if necessary, in the view of an officer of the prison.

157. Any such prisoner who is in prison in default of bail shall be
permitted to
see any of his friends on any week day, at any reasonable hour, for the
bond, fade
purpose of providing' bail.

153. Such prisoners may send and receive letters at all reasonable times,
and
paper, with other writing materials, to such extent as map appear
reasonable to the
QRDI NAN CL No. 18 of 1$85:

.Prison.

.Superintendent, -shall be furnished to any such prisoner who requires it
for the purpose
of communicating with his friends, or preparing his defence. Any
confidential written
communication, prepared as instructions for ° a solicitor, way be
delivered personally
to him or his authorised clerk, without being previously examined by any
officer of the
prison; but all other written communications are to be considered as
letters, and are
not to be sent out of the prison without being previously inspected by
the Superintendent.

159. No such prisoner shall be compelled to attend any religious service
other
than his own; but subject to these provisions he shall attend divine
service on Sundays,
and on other days when such service is performed, unless prevented lay
illness, or
excused by the Superintendent for any other reasons.

169. Such prisoners shall also be subject to till general rules, except
so far as the
same are inconsistent with the special rules relating to such prisoners.

SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS.

161. No person shall be placed in this division except as provided by
statute, or by
order of the Jud;e of Ccurt before whom lie is tried.

prisoners.

162. Such prisoner shall not be placed in association, or at exercise,
with criminal

163. ,Such prisoner shall not be required to take a bath on reception,
if, on the
application of the prisoner, the Superintendent shall decide that it is
unnecessary, or
if the Surgeon state that it is for medical reasons unadvisable.

164. Every such prisoner shall be searched only' by an officer specially
appointed
for the purpose. ,

165. Such prisoner shall be placed, as so0ii as possible after reception,
in a. cell
appropriated to prisoners, of his class, unless there ir, reason to
believe that he is suffer-
ing from some infectious disease, in which case he shall be detained in a
reception-cell
till he can be seen by the Surgeon.

166. Such prisoner shall at all times, except when at chapel or exercise,
occupy
the room or cell assigned to him. .

167. The Visiting Justices or Superintendent, before `L iantin any .
permission
which by the following rules they are authorised or required to grant,
shall satisfy
theriiselves that it, can be granted without interfering with the
security, good order,
and Government of the i)rison and prisoners therein; and if, after it has
been .ranted,

its continuance seems likely to cause any such interference, or if the
prisoner has abused
such permission, or has been guilty of `any misconduct, the Visiting
Justices shall, have
power to suspend or withdraw such permission, and in the like
circumstances the
:Superintendent may withdraw or suspend the same when it has been granted
by `himself,
:or suspend it when it has been, granted by the Visiting Justices if the
case is urgent,
provided he report the case_as soon as possible..
922

ORDINANCE No. 18 of -188.

168. The Visiting Justices or the Superintendent shall, on the`
application of any
such prisoner, if, having regard to his ordinary habits and condition of
life they think
such special provision should be made in respect to him, permit any such
prisoner-
1. To occupy a suitable room or cell specially fitted for such prisoners,
and

furnished with suitable bedding and other articles, in addition to, or
different from those furnished for ordinary cells. -
2. To have, at his own cost, the use of private furniture and utensils
suitable
to his ordinary habits, to be approved by the Superintendent.
3. To have, on payment of a small sum, to be fixed by the Visiting
Justices,
the assistance of some person to be appointed by the Superintendent, to
relieve hitn in the performance of any unaccustomed tasks or offices.
1,69. Such prisoner shall be permitted to supply his own food, on giving
due
notice beforehand at the time required; but the Superintendent shall not
permit such
prisoner to receive any prison allowance of food at any meal for which he
receives or
procures food at his own expense.
170. Articles of food shall be received only at such hours as may be
filed from
time to tune. They shall be inspected by the officers of the prison, and
shall be subject
to such restrictions as may be necessary to prevent luxury and waste.
1'T1. Any such prisoner shall not durina.twenty-four hours receive more
than one
pint o£ malt lidnor or cider, or if an adult half a pint of wine.
172. Such prisoner shall be permitted to wear his own clothing, provided
that it is
sufficient, and is fit for use.
173. No such prisoner shall be allowed to sell or transfer any article
whatsoeverr,
allowed toF be introduced for his use, to any other prisoner.
174. Such prisoner shall not be compelled, either to have his hair cut,
or, if he usually
wears his beard, &c., to shave, except on account of vermin or dirt, or
when the medical
ofdcer'deems it necessary on the ground of health and cleanliness, and
the hair of such
prisoner shall not be cut closer than may be necessary for the purpose of
health and
cleanliness. ~

175: The beds of such prisoners shall be made, and the rooms and yards in
their

occupation shall be swept and cleaned everymnorning. The furniture and
utensils
apprQpriatedto their use shall be kept clean and neatly, arranged. Should
atiy such
prisoner. object to perform any of these duties, they may be performed
for him as
t* Qteeny: Rule provided in rule 164.E
7 co 1

176. Such prisoner shall be permitted to have -supplied to him at his own
expense
such books, newspapers, or other means of occupation, other than those
furnished by
the prison, as are not, in the opinion of the Superintendent; of an
objectionable hind.
ORDINANCE 'No.. 18 :=o9 185.

177. .Such prisoners may be permitted, if the accommodation of the gaol
will allow,
to work at their respective trades and professions. Those who find their
own imple.
menu, and are not maintained at the expense of the prison, shall be
allowed to receive
the whole of their earnings; but the earnings of such as are furnished
with imple-
ments, or are maintained at the prison expense, shall be subject to a
deduction, to be
determined by the Visiting Justices, for the use of implements, and the
cost of main-

tenance.

178. Such prisoners shall be permitted to see their friends for a quarter
of an
hour on any week-day, during such hours as are appointed, they may also
send and
receive letters at all reasonable times, subject to rule 221.'

179. The place in which such prisoners receive their visits shall not be
the same
as that in which criminal prisoners receive their visits, if any other
suitable place can
conveniently be provided.

180. No such prisoner shall be compelled to attend any religious service
other
than his own; but, subject to these provisions, he shall attend Divine
Service on
Sundays, and on weekdays when such service is performed, unless prevented
by sick.
aces, or excused by the Superintendent for any other reasons.

181. Such prisoners shall be subject to nay general rules, except so far
as the same
are inconsistent with the special rules relating to such prisoners.

1.82. Such prisoners shall be allowed to smoke under such regulations as
may be
laid down by the Superintendent.

SPECIAL RULES FOR DEBTORS.

183. Debtors shall not be required to take a bath on reception, if, on
the applica-
tion of the prisoner, the Superintendent shall decide that it is
unnecessary, or if the
Surgeon shall state that it is for medical reasons unadvisable.

184. Debtors shall at all times, except when at Chapel or exercise,
occupy the cells
or rooms assigned to them.

185. The Superintendent, before granting any permission which 1-,,y the
following
rules he is authorised or required to grant, shall satisfy himself that
it can be granted
without interfering with the security, good order, and government of the
prison and
prisoners therein ; and if, after it has been granted, its continuance
seems likely to
cause any such interference, or if the prisoner has abused such
permission, or has been
guilty of any misconduct, he shall have power to suspend or withdraw such
permission.

186. Debtors shall be permitted to supply their own food, on giving due
notice

beforehand at the time required; but the Superintendent shall not permit
such pri-
soners to receive any prison allowance of food on any day, for which they
receive or
procure food at their own expense. . ' -

[* 774a iv/'vanre

=ippmrs to be a
ks: see t'2tk
1924

ORDINANCE No: 18 OF .185.

-Prison.

187. Articles of food shall be received only at such hours as may, be
fixed from
time to time. They shall be inspected by the officers of the prison, and
shall be subject
to such restrictions as may be necessary to prevent luxury or waste.

188. Any such prisoner shall not during twenty-four hours receive or
purchase
more than one pint of malt liquor or cider, or if an adult half a pint of
wine.

189. No such prisoner shall be allowed to sell or transfer any article
whatsoever,
allowed to be introduced for his use, to any other prisoner.

190. Such prisoner shall not be compelled, either to have his hair cut,
or, if he
usually wears his beard, &c., to shave, except on account of vermin or
dirt, or when
the medical officer deems it necessary on the ground of health and
cleanliness, and the
hair of such prisoner shall not be cut closer than may be necessary for
the purpose of

health and cleanliness.

191. The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall, be swept and cleaned by them every morning. The
furniture and
utensils appropriated to their use shall be kept clean and neatly
arranged by them.

192. Debtors may be permitted to work and follow their respective trades
and
professions, provided their employment does not interfere with the
regulations of the
gaol, a,nd~they will be permitted to have the whole of their earnings
after deducting
the cost of any irriplemenfs which may be supplied to them, and the cost
of their main-
tenance, if they are maintained at the expense of the prison.

193. No such prisoner shall he compelled to attend any religious service
other
than his own; but, subject to these provisions, ha shall attend Divine
Service on Sun-
days, and on week-days when such service is performed, unless prevented
by sickness,
or excused by the Superintendent for any other reasons.

194. The place in which such prisoners receive visits shall not be the
sameas that
in which criminal prisoners receive visits, if any other suitable place
can be conveni-
ently provided.

195. 'Debtors shall be permitted to exercise during such periods of the
day as the
circumstances of the prison will allow, and during the same periods they
shall 'be per-
mitted, it they'prefer it, to associate together in an orderly manner.

196.'Debtors shall be permitted to receive one visit, and also tonwrite
and receive

see Rule xss.) one letter in each week, subject to rule 221; * but they
may communicate with, and
receive visits from their friends and legal advisers at any reasonable
hour of the day,
for the purpose of arranging the payment of their debts.

197. Debtors shall also be subject to any general rules, except so far as
the same
are inconsistent with the special rules relating to debtors.

198. Debtors shall be allowed to smoke under such regulations as may be
laid
down by the, Superintendent.
ORDINANCE No. 18 of 1885.

GENERAL RULES.

ADMISSION AND XISCHARGE.

199. No prisoner shall be admitted to the gaol unless accompanied by a
warrant
for his detention.

200. All prisoners shall be searched, registered, and medically examined
on
admission.

201. Every prisoner shall take a bath, and be'shaved on reception, unless
it shall
be otherwise directed, in any particular case, by the Superintendent or
Surgeon.

202. If any prisoner is found to have any cutaneous disease, or to.be
infected with
-vermin, means shall be taken effectually to eradicate and destroy the
same.

203. Every prisoner shall be weighed on reception, and subsequently at
such
periods as the Superintendent and the Surgeon niay appoint, and the
result shall be
recorded in a book kept for the purpose.

204. Every prisoner may, if required for the purposes of justice, be
photographed
on reception and subsequently.

205. Such of the clothing, linen, and other articles belonging to
prisoners as may
be retained in the prison shall, if necessary, be washed, cleaned, or
disinfected, as soon

as possible after they are received.

206. Such clothing shall be made into a bundle, carefully labelled with
the name
of the owner, and placed in store,; any money or jewellery which the
prisoner may have
in his possession shall also be taken from hire and placed in safety
until his release
from gaol. A list of all his property is to be entered in a book kept for
that purpose,
which shall be under the superintendence of the warden.

207. As soon as possible after prisoners are admitted, the abstract of
the rules
relating to the conduct and treatment of prisoners shall be read over to
them; and such
abstract shall all also be read and explained weekly to the whole of the
prisoners.

208. Every prisoner shall have'a number assigned to him, which shall be
prefixed
to his dame in every register; such number shall also appear on the
breast of, his coat,
orb his towel, chopstick bag if a Chinese, and cap or hat.

209. Prisoner s whose discharge falls on Sunday shall be discharged on
the Saturday
preceding.

210. All prisoners sentenced to imprisonment for. one year or more with
hard
labour, shall be secured by fetters of a pattern to be approved by the
Governor. The
fetters shall weigh 3 lbs., and shall be secured to an iron ring on each
ankle, and the
chain suspended by a hook from the waist belt. .

211. All such prisoners shall wear fetters notwithstanding .their
employment on.
No. 1 penal or rigorous hard labour, and on No. 2 industrial hard labour;
and if any
18' 4YJS9.1:

such prisoners are ordered by the Surgeon to industrial light labour they
shall not on
that account have their fetters removed, unless specially recommended by
the Surgeon
.
on medical grounds.

` 212. No such prisoners shall be employed on industrial light labour
unless their
conduct has been fairly good, and prisoners of good character only shall
be employed
on industrial light labour of the kinds mentioned in rule 266 No. 3 of
the rules and
regulations made by the Governor in Council under section 17 of The
Prison Ordinance
1885, and dated the 17th December,~1887, * and when so employed many have
their
fetters removed, if they interfere with the prisoner's work.

1 213. ,All prisoners mentioned in the first rule when employed on
industrial light
labour of any other description shall wear fetters until they have earned
a, good
character.

214. All such prisoners, when exempted from wearing fetters on any of the
grounds
aforesaid, shall on misconducting themselves, and being awarded prison
punishment,
again be placed in fetters and,not released therefrom until they have
regained a good.
character.

215. A prisoner shall be considered of good character who has not for
three con-
secutive months been guilty of any prison offence, but a trivial offence
for which a
prisoner has been cautioned or admonished but not punished, shall not be
taken into
account in considering the good character of the prisoner.

216. Prisoners sentenced to less than one year's imprisonment with hard
labour
shall wear an iron ring on one ankle without other fetters.

217. All prisoners convicted of returning from banishment shall wear
fetters
during the whole period of their imprisonment.

CLEANLINESS.

218. The weekly shaving of the Chinese ,prisoners shall be done according
to such
regulations as shall be established from time to time. The razors shall
be always under
the charge of the officer of the ward or yard, and he shall take care
they are withdrawn
immediately the prisoners have finished them. Prisoners of very filthy
habits are to
be brought to the notice of the Superintendent.

219. The queues of Chinese prisoners sentenced to penal servitude may be
cutoff,
and their hair kept cut close until within six ninths of their release ;
the queues may
also be cut off short-sentenced prisoners if the Surgeon should consider
it necessary for
the purpose of health or cleanliness ; but such prisoner shall be allowed
to appeal. to
the Governor against it. No queue is to be cut under any circumstances
without the
special permission of the Governor.

*NOTE.- The reference to the rules of the 17th December, 1887, aypcare.to
be a mistake: see
Me 281 No. 8. of. these rules,.
QRDI NAN-:E. No. 1 8 OF 1 8$a.

220. The hair-of European prisoners shall be cut to such moderate length
as health
or cleanliness may require.

221. Every prisoner shall wash his face and hands daily, and shall take a
bath
once a week.

222. Prisoners shall keep their cells, utensils, clothing, and Bedding
clean and
neatly arranged; and shall clean and sweep the yards, passages, and all
other parts of
the prison as may be directed.

CLOTAINC;, BEDDING, FOOD.

223. The whole of the Chinese prisoners' clothing, and the under-clothing
of the
European prisoners shall be changed weekly.

224. Every prisoner stall sleep in a cell by himself, if the
accommodation of the
gaol will permit it, or, under special circumstances, in a cell with not
fewer than two
other prisoners.

225. The clothing of prisoners sentenced to penal servitude may be given
to their
friends, with the exception of one suit, which will be sold or otherwise
disposed of by,
the Superintendent, in order to recoup the Government for the expense of
providing a
suitable suit of clothes for the prisoner on his discharge.

226. Such additional clothing and bedding may be issued, during severe
weather,

or in special cases, as the Surgeon may deem requisite.

227. A prisoner who has any complaint to make regarding the diet
furnished tp
him, or who wishes his diet to be weighed to ascertain whether he is
supplied with the
authorised quantity, must make his request immediately it is handed to
him, `and it
will be weighed in his presence, and in that of the officer deputed for
that purpose;
but frequent and groundless complaints will be treated as breaches of
gaol discipline
-and punished accordingly.

228. For not more than ten days in each month, for the first six months
of his
imprisonment, each European and American prisoner shall be fed on penal
diet, viz.,
bread and water, with half a pound of rice at midday, and for Chinese and
-Indians
rice ant water only.

14
229. The days on which a prisoner will be on penal diet will not be
continuous,
but divided into ,periods of not more than five days at a time, and no
prisoner on penal
diet will be put to hard labour. °

230. As regards the food of Indian prisoners, the best possible
arrangement is to
be wade, so that they may, not be forced to choose between lose of food
and loss of
caste.

231. European and American prisoners whose sentences do not exceed five
days
will be put on penal diet, those with sentences -of six to fourteen days
will receive two
dints of gruel daily in .addition:
ORDINANCE No.'18 OF 1885.

232. Till-further order reduced penal diet is to be supplied to : -- .

1st. Felons, whom the Superintendent may have reasonable grounds for
supposing to have been previously imprisoned for felony.

2nd. Chinese and India-n prisoners sentenced to fourteen days and under ;
and

3rd. Prisoners who may be reported for breaches of gaol regulations (at
tare
discretion of the Superintendent).

CLASSIFICATION.

233. Prisoners will be classified for location, and the classes will be
kept separate
,from each other so far as the accommodation of the gaol will permit, as
follows:-

(1.) Males,--- '

Hard labour prisoners: First conviction.
Ditto. With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
Ori4,remand and waiting trial: With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding fourteen
days. First conviction.
Prisoners sentenced to short terns of imprisonment, not exceeding fourteen
days: With two or more convictions. _
Boys under sixteen gears of age: First canviction.
Boys under sixteen years o£ age: With two or more convictions.

(2) .I'errtales,-

Hard labour prisoners: First conviction.
Ditto. With two or more convictions.
Prisoners unable to find security for their.good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
On remand, and waiting trial: With two or more convictions.

.Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen
days: First conviction.
Prisoners sentenced to short terms of imprisonment,, not exeeedinb
fourteeri
days: With two or more convictions.
Girls under sixteen years of age: First conviction.
Girls under sixteen years of age: With two or more convictions.
ORDINANCE No. 18 oF 1880'.

Prison.

All officers of the prison, must, as far as lies in their power,
endeavour to carry
out this rule, bearing in mind that the object of classification is to
prevent the
contamination by depraved prisoners of prisoners not so depraved; and to
attempt to
ensure that a prisoner shall go out of prison not worse than he came in.

VISITS AND COMMUNICATIONS TO PRISONERS, &C.

234. Convicted prisoners, with the exception of those heretofore
mentioned, after
they have served the first three months, wilt be permitted to write and
receive one
letter every three months; but the Superintendent may permit any prisoner
to write
a special letter, or to see his friends, immediately after conviction, if
for the purpose o£
making arrangements respecting his property, ~~,c.

235. All letters to and from prisoners are to be avail by the
Superintendent, and
shall be forwarded 'or kept back according to the nature of their
contents. Events o£
importance to prisoners may be communicated to them at any period by tbe
Super-
intendent.

236. The privilege of writing and receiving lvttera may be postponed or
forfeited
by misconduct, if so ordered by the Superintendent; but no such order
shall be made
for a period longer than one month from the time of the prisoner's last
report.

237. Convicted prisoners, with the exception of those heretofore
mentioned, shill

be allowed, after the first three months, to see their relations or
friends once in three
months, unless such visits are prohibited by the Superintendent for
misconduct; but
no prohibition shall be made for a period longer than one month from the
time of the
prisoner's last report.

23$. The days and hours for visits to the prisoners shah be fixed by the
Superin-
tendent, and shall be publicly notified at the gates of the prison.

239. If any.prisoner is committed to prison in default of the payment of
any sum
which, in pursuance of any conviction or order, he is required to pay,
such prisoner
shall be allowed to communicate by letter with and to see any of his
friends at any
reasonable time, for the bona fide purpose of providing for the payment
which would
procure his release from prison.

240. In case of very serious illness prisoners will be allowed to see
their relations,
if not objected to on medical grounds.

241. The visits of prisoners' friends will in no case be allowed to
exceed fifteen
minutes, and will always be made in the presence of an officer of the
prison.

242. Officers of Police may visit prisoners for the purpose of
identification, on
production of an order from the Police, or with magisterial authority.

243. Officers of the law, with competent warrants, or orders for serving
writs or
other .legal process on persons within the prison, shall be admitted into
the prison for
that purpose.

1
Prima.

244. All prisoners may petition the Governor once shortly after
conviction if they
wish, but not afterwards unless there are any special circumstances-
which the Superin-
tandem may consider should be brought to the notice of the Governor, or
unless such,
prisoner has been over one year in gaol.

245. No visitor shall be admitted until he has given his name and
address, and
stated his relationship to or connection with the prisoner he wishes to
see, if any; and
these particulars shall be duly recorded.

246. No visits shall be made on a Sunday except in cases of emergency.

247. Prisoners sentenced to penal servitude who hays served two years,
and are
six months clear of report, may receive a visit every two months, and
write and receive-
one letter every two months.

248. The prisoners shall be locked in their cells, at the discretion of
the Superin-
tendent, on Sundays and other days when they are doing no labour; care
being taken
that they have at least one hour's exercise daily.

249. Prisoners sentenced to fourteen days and under will be locked in
their cells
during the whole of their sentence, with the exception of one hour's
daily exorcise.

250. Prisoners detained as dan;erous or suspicious characters, with
previous con-
victions, who cannot find security, shall be locked in their coos. They
shall keep their
cells and cell utensils perfectly clean at all tithes, and shall have one
hour exercise
daily.

251. Male and female prisoners shall always be so confined as to prevent
the
former from seeing, conversing with, or holding any intercourse with the
latter. .

252. A light shall be kept burning constantly throughout the night in
every
wand or division of the gaol in which prisoners shall be confined, but
such light shall
not be placed within reach of the prisoners.

253. No male subordinate officer shall enter the women's prison, unless
ordered
there specially by the Superintendent or warden, or summoned by the
matron for the
purpose of quelling a disturbance, or of giving other assistance.

254. So far as practicable, female prisoners shall be divided hato
classes, and
separated similarly to the male prisoners.

255. They s)aall beep their cells, yard, and wards perfectly clean at all
times.

256. Authorised interviews between female prisoners and their friends
must take
place in the presence of the matron or other officer of the prison.

257. Female prisoners shall be employed at No. 2 hard labour with regard
to
washing their own clothes, and at No. 3 light labour..
ORDINANCE No. 18 of 1883'.

Prison.

268. The child of a female prisoner may be received into prison with its
mother,
provided it is at the breast; and any such child shall not be taken from
its mother
until the Surgeon certifies that it is in a fit condition to be removed.

259. Such child may be supplied with such diet and clothing as may be
necessary,
at the public expense; but, except under special circumstances, no such
child shall be
kept in prison after it has arrived at the age of twelve months.

PRISONERS UNDER SENTENCE OF DEATH.

260. In all cases when sentence of death has been passed on a prisoner,
the warden
shall cause him to be thoroughly searched, and shall remove from him any
article which
it is considered dangerous or inexpedient for him to retain in his
possession.

261. Every prisoner sentenced to death shall be confined in some safe
place within
the prison, apart from all other prisoners, and shall be placed under the
constant
charge and observation of an officer of the prison, both by day and night.

262. The cell or room i1i which a prisoner condemned to death is placed
shall be
previously examined by the Superintendent, who is to satisfy himself of
its fitness and
safety, and record the result of his examination in his journal.

263. The prisoner may be visited by his relations, friends, and legal
advisers, at
his own request; no other person shall have access to him except the
officers of the
gaol, and, if required by him, a minister of the religion to which the
prisoner belongs.

264. All executions are to take place at the tine appointed by the
Governor. The
Superintendent of the gaol will be present and superintend every
execution.

266. If any person make it appear to a Justice of the Peace that he has
important
business to transact with the prisoner, such Justice May grunt permission
in writing to
such person to have a conference with the prisoner.

266. During the preparation for an execution, and the time.of the
execution; no
person shall enter the prison who is not legally entitled to do so,
unless in pursuance
of an rorder in writing from the Superintendent. The officers
superintending the

execution shall, if possible, be decently clothed in black.-

PRISON OFFENCES AND PUNISHMENTS.

26'7. No prisoner shall b© punished under the provisions of the Prisons
Ordinance
of 18$5, either by the Superintendent or by the Superintendent in
conjunction with a
Visiting Justice, until be has had an opportunity of hearing the charges
and evidence
against him, and of making his defence. ,

. 268. Prisoners are bound to obey the orders o£ the; Superintendent,
warden, and
of the subordinate officers who shall be placed over their from time to
time.
ORDIX'ANCE No. 18 of 1885:

Prison.

269. Prisoners are strictly forbidden to have in possesfiion, or to
attempt, to
receive money, tobacco, opium, flint, steel, iron, implements, string,
immoral books,
or any articles not allowed to them by the rules of the prison, or
permitted by the
Superintendent, and they are not to conceal any articles of food about
their persons,
or in any ward or cell.

270. No punishment or privation of any kind shall be awarded except by the
Superintendent or by' the Superintendent in conjunction with a Visiting
Justice.

271. The following acts are declared to be offences against prison
discipline:-
, , 1. Disobedience of the regulations of the prison by any prisoner.
2. Common assault by one prisoner on another.
3. Profane cursing and swearing, and obscene language by any prisoner.
4. Indecent behaviour by any prisoner.
5. Insulting or threatening language by any prisoner, to any officer or
pri-
soner.
6. Idleness or negligence at work by any convicted criminal prisoner.
7. Wilful mismanagement of work by any convicted criminal prisoner.
8. Disorderly conduct by any prisoner.

272. All the above acts are declared to be offences against prison
discipline, and
it shall be lawful for the Superintendent to examine any prisoner
touching such offences,
and to punish them by ordering any offender to be kept in a
punishment-cell for not
more than three days, on bread; or rice and water, or he may deprive a
prisoner of his
,pork for not more than four meals at one time,

273. The Superintendent may deprive any prisoner of his evening meal for
persistent and aggravated idleness, or refusal to labour.

274. The Superintendent ma-, restrain in cross irons often lbs. weight,,
or less, or
in handcuffs, any disorderly or violent prisoner for not longer than
twenty-four hours
at one time; if a longer period than twenty-four hours is required
awritten order must
'be obtained from one of the Visiting Justices for the week, who shall at
once attend
and investigate the case. In case of emergency however the Superintendent
may on
his own responsibility impose the restraints provided by this rule for
such peiiod as
may seem necessary, obtaining''the presence of one of ~ the Visiting
Justices for the
week as soon as possible. The order of such Justice, made on
investigation of the
case, shall indemnify the Superintendent.

275. If any male prisoner is guilty of any of the following offences,
viz. :--
Mutiny or open incitement to mutiny in the prison, personal violence to
any
officer of the prison, aggravated or repeated assault on a fellow
prisoner,-
ropetition of threatening language to any officer or prisoner, and any act
of insubordination requiring to be suppressed by extraordinary means,
the Superinten - ~~'''t shall have the power to sentence the said
prisoner to
corporal punishment not to exceed twelve strokes of the rattan.
ORDINANCE 'No. '18 OF'1885.

It shall be the duty-of the Superintendent to report at once to the
Governor
every case of his exercising the power conferred on him by this section.

276. If any criminal prisoner is guilty of any offence, or of a breach of
gaol
regulations or discipline, for the due punishment of which the
Superintendent of the
;aol may deem the powers vested in him insufficient, it shall be lawful
for such Super-
intendent, in conjunction with a Visiting Justice, after enquiry, to
punish such prisoner
by close or solitary confinement on bread, or rice and water, for a
period not exceeding
fourteen days or in the case of a male prisoner, by personal correction
not exceeding
thirty-six strokes if an adult, nor twelve if a juvenile.

s 277. No dietary punishment shall ho inflicted.on any prisoner, nor
shall he be
placed in a pun ish;nent-cell, nor shall corporal punishment be inflicted
on him, unless
the Surgeon shall certify that such prisoner is in a fit condition of
health to undergo
such punishment.

278. The following offences committed by male prisoners will render them
liable to
corporal punishment-

lst. Mutiny, or open incitement to mutiny in the prison ; personal
violence to
any officer o£ the prison; ao~ravated or repeated assault on a fellow pri-
souer ; repetition.: of insulting, or threatening language to any officer
or
prisoner.

2nd. Wilfully and maliciously breaking the prison windows, or otherwise de-
stroying the prison property.

3rd. When under punishment, wilfully making a disturbance tending to inter-
rupt the order and discipline of the prison, and any .other act of gross
mis-
conduct, or insubordination, requiring to be suppressed by extraordinary

means.

279. Corporal punishment shall be inflicted on the breech, with a rattan
o£ a pattern
to be approved by the Governor on the recommendation of the medical
officer.

2~0. No prisoner who shall be sentenced to solitary confinement by any
Court will
be kept in such confinement more than seven days without an interval
of,~one day out.

EMPLOYMENT OF PRISONERS.

CLessES OF LABOUR.

281. NO. 1.~--Penal or rigorous hard labour.

(1.) Shot drill and stone carrying in alternate spells of half an hour
each,
weight of shot 24 tbs., weight of stone 45 rids.

(2.) Crank labour in a separate cell, ttzsk,,12; ?vf~'~ ~ evolutions
daily, (121bs, test).

(3.) Treadvvheel.
ORDINANCE No. IS. or 1885:

No. 2.-Industrial hard labour.

(1.) Employment on public works outside the gaol. Crank labour in a
separate
cell, task, 10,500 revolutions daily, (12 ibs. test).

(2.) Combinations of shot drill and oakum picking, 4 lb-

Combinations of stone carrying and oakum picking, 4 lb.

Combinations of crank labour 6,000 rev. (12 tbs. test), oakurii
picking, I lb.

(3.) Washing clothes in the gaol, making coir matting and heavy coir mats.

No. 3.-Industrial light labour.

(l.) Ironing and mangling clothes.
(2.) Making frame, coir, and grass mats.
.
(3.) Carpentry, Coopering, Tinsmith's work.
(4.) Tailoring, Cooking, Cleaning, Printing, Hospital Attendance, &c.
(5.) Oakum picking (l j, lb.).

PENAL SERVITUDE PRISONERS.

282. Where separate confinement is not possible, prisoners sentenced to
penal
servitude * will pass the first six Months of their imprisonment at No. 1
penal labour, ,after
which they will be employed for the remainder of their imprisonment
at-'No. 2 industrial
hard labour, either inside or outside the gaol ; but principally on
public works. '

283. Prisoners sentenced to penal servitude *' whom the Surgeon excuses
will be
omployed on industrial hard or light labour as he may direct.

HARD LABOUR PRISONERS.

284. Every male prisoner of sixteen years of age and upwards whose
sentence is
three months hard labour and under, but more than fourteen days, shall
pass the whole of
his imprisonment at No. 1 penal labour.

285. Every male prisoner of sixteen years of age and upwards sentenced to
hard
labour shall be kept at No. 1 penal labour for the first three months of
his sentenct. At
the expiration or that term he shall, if he has conducted himself fairly
well, be placed at
No. 2 industrial hard labour.

04
286. Every male prisoner under the age of sixteen years sentenced to hard
labour
shall be kept for the first three months of his sentence at No. 2 hard
labour.

287. When a prisoner sentenced to hard labour has been three months at
No. 2
industrial bard labour, he shall, if his conduct has been good, be placed
at No. 3 industrial
light labour.

288. All hard labour prisx~ ' s who shall be excused by the Surgeon will
be employed
~v
at either industrial hard or light labour as he may, direct.
ORDINANCE No. 18 op 1885.

289. European prisoners will not be employed at stone carrying, but will
perform
the combination of shot drill and oakum picking instead.

299. If a male prisoner shall misconduct himself, the Superintendent may
either
keep him at No. L penal labour for any extra term not exceeding three
months at any
one time, or he may send him back from the second class or third class
for the same term

291. The hours of labour will not be less than six or more than ten
daily, exclusive
of meals.

292. No work shall be done beyond what is necessary on Sunday, Good Friday
Christmas Day, or Chinese New Year's Day.

293. Jewish prisoners shall not be compelled to work on Saturdays if they
claim
exemption, but shall be kept in separate confinement on that day and
Sunday. They
may also keep such other festival days as may be from time to time
allowed by the
Governor.

294. Indian prisoners are not to be put to any lal)our which may really
cause then-I
loss of caste.

295. Convicted criminal prisoners not sentenced to hard labour wilt be
emyloyed at
No. 3 light labour.

296. As soon as the gaol accommodation shall pel'mjt of it, prisoners
committed
to gaol for breaches of nasal and military discipline shall be 'kept
separate from civil
prisoners.

RULES FOR THE MANAGEMENT OF PRISONERS

ON PUBLIC WORKS.

PRISONERS.

297. The prisoners shall be divided into parties not exceeding sixteen
men and
each party shall be known by a number.

298. Each party shall be under the charge of an assistant turnkey armed
with a
short sword for his defence, who shall have the number of his party oii a
badge affixed
to.his left arm ; and the whole .of the parties shall be under the charge
of a head
turnkey armed with sword and revolver, who shall be assisted by a turnkey
armed in
the same manner.

299. The prisoners will work in coupling chains of about twelve feet
long, fastened
by means of anklets and padlocks.

000. If the work is near the gaol, the prisoners shall be marched in to
their mid-
day, (meal at noon, but if at too great a distance from to gaol, the meal
will be sent to
them.
ORDINANCE No.. 18 of

Prison.

341. The prisoners will breakfast at about 6.20 A.m., and leave the gaol
for their
work at about 7 A.m., rest one hour for their mid-day, meal from 12 to 1,
and knock off,
work in the afternoon so as to reach the gaol at v P.m. (nine hours
daily, including
marching in and out).

302. On Saturdays; the prisoners will work until noon.

303. Their mil-day meal will consist of 1.2 pint of rice congee thickened
with
cheap meat.

304. Any prisoner with a longer sentence than eight years may be kept at
work
within the prison until he bas served one-third of such sentence.

OFF ICER,s.

305. In addition to the head turnkey in charge of the prisoners, the
turnkey to
assist him, and the assistant turnkeys in direct charge of the parties,
three or four
Sikh guards shall ,be posted in conspicuous ,positions round the works,
armed with,
loaded rifles, to prevent escapes.

806. The head turnkey will be continually on the alert during the day,
repeatedly
visiting the parties in his charge, and ascertaining that all is correct
or otherwise. He
will take discreet measures to prevent the escape of prisoners, and to
effect their recap-
ture if they are successful in escaping. He will carefully observe the
officers under his
charge, and report weekly to the Superintendent of the Gaol on their
efficiency in the
management of their parties. He will enter in a book the number of
parties, number
of prisoners, and the names of the officers under his charge, with the
mine of the
district where working, and the description of labour. He will be
responsible to the
Surveyor General for all the tools used by the prisoners. He shall on no
account
allow people to loiter near the prisoners while at work, or to converse
with the officers.-

307. The turnkey shall consider himself to be under the command of the
head
turnkey, and shall assist him in the performance of his duties. He shall
move about
contiumilly among the parties, kdeping a watchful eye oil both officers
and prisoners:
When heeded he shall take charge of detached parties, and shall at such
tiines use
great discretion in the disposal of his officers so as to prevent the
escape of any prisoners,
remembering that their safe custody should be his first care.

308. The assistant turnkeys in charge of parties must remember always
that the
safe custody of the prisoners is their first care. They shall therefore
place themselves
when on the works so as at all times to command a good view of their men;
they shall
repeatedly count their prisoners during the day, and never turn their
backs toward
them, and shall on no account use a spade, pick, or any other tool, so as
to place them.
,selves at a disadvantage with regard to the prisoners.

309. The assistant turnkeys shall be careful to ascertain that the
anklets, chains,
and padlocks are in proper order, and shall minutely examine them before
leaving the
gaol, when knocking off work=for the mid-day meal, and before returning
to the-gaol
in the evening. _
ORDINANCE No. 18 oF. 1885.

310. In the event of a prisoner's attempting to escape, the officer in
charge of his
party will blow his whistle to attract the attention of the other
officers, and will then
fall-in the remaining prisoners of his party and await instructions from
the head
turnkey.

311. The head turnkey, the turnkey, and the Sikh guards will not fire at
an escap-
ing prisoner unless his escape cannot be prevented by any other means;
and even then
will only endeavour to disable him, remembering that loss of life is to
be avoided if
possible.

312. The assistant turnkeys will keep a book in which they will elder the
numbers,
names, and sentences of the prisoners of their respective parties, making
special re-
marks as to the industry of each prisoner, and they will be responsible
to the head
turnkey for the tools used by their parties.

REMISSION OF SENTENCES, AND REWARDS UNDER THE MARK SYSTEM.

313. The time which every prisoner with a sentence of twelve months and
upwards
must pass in prison will be represented by a certain number of marks,
which he must
earn by actual labour perforwed before he can be discharged.

314. No remission will be granted for conduct. It is only on condition of
good
conduct and strict obedience that prisoners are allowed to earn by their
industry a
remission of a portion of their sentence. If, therefore, their conduct be
indifferent or
bad, they will be liable to be fined a certain number of marks, according
to the nature
and degree of the offence, and will then forfeit by misconduct the
remission which they
have earned by their industry.

315. The marks will be given according to the following scale---
(a.) 6 marks a day for zealous and steady 'hard laboilr.
(b.) 5 marks for a less degree of industry.
(c.) 4 marks for a moderate day's work.

316. The prisoner's marks will commence at the termination of the penal
stage.

317. On the admission of a prisoner with a sentence of twelve months and
up-
wards, such sentence will be reduced to days, which will be multiplied by
four, thin
giving the number of marks he is compelled to earn before his,diseharge;
thus, take
the twelve months sentence, 365 days multiplied by four will give 1,460,
the number of
marks he must earn-at the rate of four a day to complete the whole of his
sentence.

318. If by his industry the prisoner gains fix marks a day, and does foot
lose any,
for misconduct, ye earns the full remission of one-third allowed by the
Governor.

319. On Sundays marks will be allowed for conduct alone. Except under
special
circumstances where injury has accidentally resulted while on prison
work, a prisoner
will get only five marks a day during the time he is in hospital.
Prisoners on light
labour by order of the Surgeon will not get more than five mnarks~a day.

320. Prisoners who by their misconduct forfeit the whole of their
remission, will
be liable to be kept in separate confinement during the last 6 months of
their sentence.

321. The prison officers will be supplied with books in which they will
outer each
.evening the marks each prisoner has earned during the day.
OrMNANCE ~ No. 1$ of 1¢x$5:

P' ison.

322. When a prisoner is sentenced to forfeit 'ally marks which he has
gained, the
sentence should state the exact number of marks he is to lose, as, to
forfeit six marks.

323. Extra marks may be given by the Governor, on the recommendation of
the
Superintendent, for special services such as:-

(a) Giving information of plots.
(b.) Protecting gaol officers or prisoners from attach, or protecting
them from
w imminent danger.
(c,) Preventing escapes, fires, &c.
(d.) Preserving' order in case o£ disturbance. '

324. Marks will be forfeited by prisoners for misconduct according to the
punish-
ment inflicted, generally at the rate of
8 Marls for one day solitary confiEiemeut on bread or rice and water,

for ono day bread or rice and water,
for one day reduced penal diet,

6 for one meal stopped,
4 for one pork ration stopped,
4 for one meal bread or rice and water,



72 for a flObg111g.

32v. I£ a prisoner is reconvicted before the period of his remission has
expired, he

will be allowed to earn only five marks axday instead of six, and if he
is reconvicted
,twice before the expiration of the period of remission, he will be
allowed to earn no
remission. _ a

326. All convicted criminal prisoners with sentences of twelve months and
upwards
who shall be employed at remunerative labour, will be allowed to earn a
small gratuity
at the rate of ono cant for overt' six marks, but the whole gratuity for
any one prisoner
is not to exceed $10. Such gratuity shall be paid at the tine of
discharge. In for-
feiting marls for misconduct the proportionate amount of gratuity will
also be for-
feited.

327. Convicts will not be allowed to earn any gratuity until they have
served the
first six months either in separate confinemeot~or at No. 1 hard labour.

328. The name of every convict under a life sentence who has served
fifteen years
of his sentence, or having served ten years of his sentence has attained
or is believed
in the absence ~71 positive evidence to have attained the age of sixty,
shall be submitted
for the consideration of the Governor in Executive Council. This rule
will be
communicated to every such convict now in prison, and to any other on
first reception
into prison, but each must be made to distinctly understand that such
submission in

.

no way implies that any remission of sentence will necessarily be granted.

SEPARATE CONFINEMENT.

3?9. Where the gaol accommodation admits of it, all male penal servitude
pri=
Boners shall be required to pass the first six montlo of their
imprisonment in separate
confinement.
0 RFaINANCEi No. 1.9 oF 1985.

Prison.

830. Penal servitude-prisoners will be allowed one hour daily to exercise
in .the
open air under the supervision of an officer; who will see that the
prisoners do not con-
verse together, either in going to the yard, while at exercise, or in
returning to their
cells. r

331. Such prisoners are to keep their cells and utensils perfectly clean
at all times,
and will be employed at crank labour, picking oakttrn, making or mending
clothes, shoe
making or mending, &c.

332. Such ~ prisoners shall on no account communicate or hold
conversation with
any other prisoner, but shall at all times observe the strictest silence.

333. Such prisoners shall be permitted to write a letter on admission, if
they wish
it, to inform their friends of their whereabouts; but, with this
exception they shall not
write or receive a letter, or receive a visit during the six months of
their separate

confinement.

334. Felons, whom the Superintendent may have'reasonable grounds for
suppos-
ing to have been previously imprisoned for felony, when sentenced to
terms of hard
labour will be required to pass a certain time in separate confinement
from one to sir
months according to the number of their previous convictions, and their
conduct while

in gaol.

335. Violent and disorderly prisoners may be placed in separate
confinement at the
discretion of the Superintendent for terms not exceeding seven days at
one time.

336.

SCALE OF DIET FOR EACH EUROPEAN OR WHITE PRISONER.

Dietary for each European or White prisoner in Victoria Gaol,'Hongkong.

BREAKFAST,

Bread, . ............
Gruel, . .. . .........
Bread, ............

Bread, . ............
Potatoes, . .........
Meat, .............
Soup, . .. ,:........

Bread,

.

DINNER, . Soup,
Suet Pudding,

Bread, .
Rice, (common)

Fish, 12 oz.

Curry Stuff, . . %;drs.
Bread, : 6 oz.

SUPPER, ............

Gruel, 1 pint

Fuzz DIET.

6 oz._
1 pint

6 oz. ~ Monday,Wednesday, and Friday.
1 pint

4 oz.

10 oz. Monday, Wednesday, and Friday.
6 oz.
I pint
4 oz.

. 1 pint Tuesday, Thursday, and Saturday.
. -1 fib.

4 oz.

8 oz. Sunday.

Sunday, Tuesday, Thursday, Saturday.

It is understood that these measures are for uncooked provisions, except
in
the case of made-up articles of diet; and meat is understood to- be with-
out bone.
ORDINANCE No. 18 -or `1885.

your.--Each pint to contain 4 oz. Meat without bone, 1 oz. Onions, 1 oz.
Barley-, 4 oz.
Greens, Yams, Sweet Potatoes or Taro, with Pepper and Salt.

e

GRUEL.-Each pint to contain 2 oz. Oatmeal, 1 oz. Molasses, and sufficient
Salt.

COCO.A.=Each pint to contain 4 oz. Flake Cocoa or Nibs, 1 oz. Molasses or
Sugar.

SUET PunDirra.---To every pound 12 oz. Suet, d2 oz. Flour, 8 oz. Water.

Ctr~My STUFF.--Chillies 32 drs., Pepper 12 dr., Turmeric 4 dr., Coriander
Seed 4 ur.
Cumtnin Seed 1dr., and Oil 2',oz.,

TEA.--Each pint to contain l oz. Tea, 4 oz. Sugar..

Daily Ration for each European or white debtor and First-class
Hisdemeanant.

Bread, . , : . . . . .. . .. . . . .. . ... ... . ... . . ... . . . . . . . . .
. . . . . ... ... . ... . . .1 lb. 4 oz.

Beef, Mutton or Pork, without bone (6 days a week) , t
... ...... ......... ... ... 8 oz

Fresh Fish (once a week), ................ : ...... 14 oz.
Beef for Soup, .................. , .. 8 oz.
Potatoes (3 dais a week), ....... , : $ oz:

Vegetables (3 days a week), 8 oz

.~White Rice (1 day), . :: ~ ,. 8 oz.

°y Suet Pudding-(once a week), , 1 1b.

Oatmeal- for Gruel (once a week), ,
:, .. , ...... ... .................. ... ... 2 oz.

1

Salt (fine), . , .e , , 2 oz.

Curry Stuff (once a week) ' .. ... ... .. . .. .. , : ... ... : ... ... .' ... ... ... 71
at

.

2

Soup, Suet Pudding, and Curry Stuff to be made as in recipe for other pri.
soners, except that Beef, 8 oz., is allowed in this class.

Ordinary penal diet for each Eurcpean or white priso7aer.
F

BxEagFAST.---Bread, . : ~ 8 oz.

DzrrNmn.--Rice (common) , ; , 8 oz.

4

8 oz.

NoTE..--A.ny prisoner sentenced to more than v ~ daSs' penal diet have
one pint of
gruel at breakfast and supper.
SCALE OF DIET FOR

INESE AND COLOURED PRISONERS.

CLASS OF PRISONERS. ~CObibtON OIL. FRESH FISH. ~ VEGETABLES. CHUT TEA. SALT. - REMARKS.
RICE. SALT FISH. NEy.
1. Male ,prisoners with senten- '~ 4 oz., 3 oz., I lb. 6 oz.,
ees over 6 months, iemand, I lb. 8 oz. Q oz. 3 days a ° 2 days a 2 clays a I2 oz. ~ oz. ~ oz. ,
and for trial, -, , week. week, week.
2: Male prisoners with senten- ~
ces of 6 months and under, I ~, p oz. ~ oz. 3 days a 2 days a 2 daps a 1 oz. ~ oz. ~ oz.
but over L4 days, .. week. week. l week.
3. Female prisoners with~seri'
tences over 14 'days,- and 4 oz.,- 2 oz., 1 i~.,
boys under 16'with senten. 1 3b, 4 oz. 2 oz. 3 days a 2 days a 2 days a I oz. ~ ~ oz, ~ oz,
-
ces, above 6 months; ;:..;: meek, week. week,
4. Debtors, and first-class mis- 1 1b, Ipoz. oz. alternate alter 1 1b. 1 oz, ~ 1 oz. ~ oz. 4 oz. pork
daily.
~ ~ cate ~ 6 oz., ~ ~
y
,.: days. days. daily
demeanants, ;
5: Penal diet, , ;: , 1'lb. 8 oz. ... ... ~ ... , ~ oz.
6. Reduced penal diet, , 1 lb. 2 oz. ..i ( ~ ... ~ .. , ~ oz.
'f: Punishment diet, .,....: .... 12 oz. ... '' ... ... ~ .., ~ ... ,., ~ oz.

The above represents the quantity for two meals, morning and evening. 2 oz, of rice will be deducted
from each prisoner in No, 1, 2 and
3 dud made into coupes. 1 pint of which is to be served at mid-clay.

Chinese prisoners sentence4 to penal servitude will have 4 oz. pork, once a week, after they have
served the first 6 months of their
imprisonment. Prisoners sentenced to penal servitude who are excused hard labour by the Surgeon and
placed on No. 3 light labour will not
be allowed pork, except when ordered in special cases by the Surgeon.

Prisoners employed on public works will receive the same diet as penal servitude prisoners. When
employed at places where the drinking
water is liable to drainage pollution, they may be supplied with rice-water coupes to drink; l i oz.
of rice to each pint of water.
Ordinance No. 18 of 1885.

Prison.

Note.--For- rules, regulations, orders in Council under this
Ordinance which have been
ezuperseded, cancelled or repealed, see infra.

Generizl rules arid regulations under sec. 6 of Ordinance 10 of 1858 arid
section 17 of
the above Ordinance of the 18th November, 1885, $ee Gazette 21st of same
month.

Order altering scale of diet for Chinese, and coloured pr soner8 under
section 17 of
the 10th February, 1886, Gazette 13th of same month. -

Orderr altering scale of diet for Chinese, &c., under section 17 of the
25th June,
1888, Gazette 28 of same month.

Additional rule under section 17 of the 14th January,1887, Gazette 16th
of same
month. t

Rule altering scale of diet for Chinese, etc., of the 14 th January, .T
88 7, Gazette
16th of same month.

General rules and regulations under section 17 of the 1 7th December, .f
88 7, Gazette
24th of same month.

Additional rules and regulations under section 1 7 of the 13th June,
1882, (Fetters,)
Gazette 22nd of the same month.
1899
[See Amendment Ordinance No. 13 of 1889.]
Governor may make orders in certain matters.
Victoria Gail deemed a prison.
Present officers to be deemed appointed under this Ordinance.
Superintendents.
Custody of prisoners.
1900
Separation of prisoners.
1901
Cells to be approved the Governor.
Hard labour.
1902
Misdemeanants of the 1st and 2nd divisions.
Aiding in escape.
Introduction of prohibited articles into prison.
1903
Conveying documents or articles out of a prison.
Superintendent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on a death in prison.
Certain persons disqualified from serving as a juror at such inquests.
Protection of persons against acts done under this Ordinance.
Offences except felonies to be prosecuted summarily before a Magistrate.
Governor in Council may make rules.
[See Ord. No. 13 of 1889.]
1904
Governor to appoint Visiting Justices.
Repeals.
Commencement of Ordinance.

1905
1906
1907
1922
[*Wuery: Rule 168. 3.]
1923
[*This reference appears to be a mistake: see rule 158.]
1924
[*See Rule 158.]
1925
1934
[*See Ordinance.
No. 10 of 1887.]
1942

Abstract

1899
[See Amendment Ordinance No. 13 of 1889.]
Governor may make orders in certain matters.
Victoria Gail deemed a prison.
Present officers to be deemed appointed under this Ordinance.
Superintendents.
Custody of prisoners.
1900
Separation of prisoners.
1901
Cells to be approved the Governor.
Hard labour.
1902
Misdemeanants of the 1st and 2nd divisions.
Aiding in escape.
Introduction of prohibited articles into prison.
1903
Conveying documents or articles out of a prison.
Superintendent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on a death in prison.
Certain persons disqualified from serving as a juror at such inquests.
Protection of persons against acts done under this Ordinance.
Offences except felonies to be prosecuted summarily before a Magistrate.
Governor in Council may make rules.
[See Ord. No. 13 of 1889.]
1904
Governor to appoint Visiting Justices.
Repeals.
Commencement of Ordinance.

1905
1906
1907
1922
[*Wuery: Rule 168. 3.]
1923
[*This reference appears to be a mistake: see rule 158.]
1924
[*See Rule 158.]
1925
1934
[*See Ordinance.
No. 10 of 1887.]
1942

Identifier

https://oelawhk.lib.hku.hk/items/show/484

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 18 of 1885

Number of Pages

44
]]>
Mon, 22 Aug 2011 18:02:07 +0800
<![CDATA[REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1886) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/483

Title

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1886) ORDINANCE

Description

Revenue.

No. 17 of 1885.

An Ordinance to apply a sum not exceeding One million Two thousand
Nine hundred and Eighty-two Dollars to the Public Service of the
Year 1886.

[31st October, 1885.]

WHEREAS the expenditure required for the service of this Colony for the
year
1886 has been estimated at the sum of one million two thousand nine
hundred

and eighty-two dollars: Be it enacted by the Governor of Honakong, with
the advice
of the Legislative Council thereof, as follows:-
,
. 1. A. sum not exceeding one million two thousand nine hundred and
eighty-two
dollars shall be and the same is hereby charged upon the' revenue of this
Colony for the
service of the year 1886,, and the said sum so charged may be expended as
hereinafter
specified; that is to say :--
URDLNA~'=CE` .r,,Tn, 17~= o~-k188
,

ft eve-nzw:

ESTABLISHMENTS:-

Governor Secretary, .................................................
Audit Oflice, .........................................................

Colonial Treasurer, ,

Clerk of Councils, ...................................................

Surveyor General , .................. ............ ...............

Postmaster General, .............................................

Registrar General, :

Harbour Master, . , .: ......... ...... -.- -

Lighthouses, ......... ......... ......... ...... ..... > ......... .

Observatory, .........................................................

Collector of Stamp Revenue, . :

Government Gardens and Plantations, :

Judicial, ..................

Educational,

Medical, . .............................................................
Police Magistrates, , ...............................................
Police, .........................................................

CxaOl, V

SERVICES EXCLUSIVE -UF - E ST.ABLISIIMENTS :--

C'olonial Tre;z surer, -

Surveyor General ....................................................

Postmaster General,
Registrar General, ..............................

Cxovernzneut Gardens and Plantations, ........................

Medical, ,

Police Magistrates, .................................................

Fire Brigade ...........
Charitable Allowances, .............................................
'.l'ransport, . .
.........................................................

Works and Buildings , . .. : ... ............ ......... ..

Roads, Streets, and Bridges, .-....................................

Miscellaneous SerV1CeS, ....................

Military Expenditure, _

[Repealed by Ordinance No. 4 of 1889:

8,7 I`o
10,936
4,518
6,080
200
46,243 .
26, 426
1'1,811
38, 748
7,508
5,820
4,822
6,986
35,645
1,158
25,275
18,558
e ?,884
159,133
26,868
9,486

2,818
2;52U
68,000
25
14,800
860
1,220
21,808
14,839
390
46,628
22,220
5,800
4,000
4,500
81;200
3'7,500
86,'l8 I
118,18'1

0534,102-

Gua.rv `roT'aL; : : $1,V02;982
1897
1898

Abstract

1897
1898

Identifier

https://oelawhk.lib.hku.hk/items/show/483

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 17 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:07 +0800
<![CDATA[REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1884) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/482

Title

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1884) ORDINANCE

Description

Revenue.

No. 16 of 1885.

An Ordinance to authorize the Appropriation of a Supplementary Sum
of two hundred and Forty-two thousand and Seventy-nine Dollars
and twenty Cents to defray the C/harges of the Year 1884.

[31st October, 1885.]


WHEREAS it has become necessary to make further provision for the
public
servi=ce of the 'Colony for the year 1$89, in addition to the charge upon
the
revenue far t'te service of thE3 -said year already provided for: Be it
enacted by . the
Governor of !Ionkong, with the advice of the Legislative Council tvexeof,
a,s follows:--

1, t1 sour of -two hundred and forty-tvco thousand and seventy-nine
dollars and
twenty cents i~, hereby charged upon the xevonue of this Colony for the
service of th.o
ycak 1884, the said sum so charged being expended as hereinafter; that is, to
say :--

ORDINANCE No. 16 of 1885.

Revenue.

ESTABLISHIZENTS :-
Colonial Treasurer,

Clerk of Councils, ...
Surveyor General,

Collector of Stamp l1evenue, ........................ 1 715.03

12.8 i

$188.23
21.41

88.39

Government Gardens and Plantations,

Judicial, ..........
Civil I-Iospitn,l,

SERVICES 'EXCLUSIVE 0F h.S'I'Ai3TfI ,IINZE1T'.I'h :-

Ecclcivstiit-,il, ..............

Ed11CI1t1011a1, ..

Police, .. .... ,. ............ ............ , .

G aol, ..

Works and Buildings ......
Roads, Streets and Bridges;
Miscellmmous Services,

3 78.5 2

5.01

.- $ 1,622.46

22(1.45
7 20.00
215.15

2'7,138.61
1, 2 3'7.01
698.49
3i,183.()8
13,9Gai.8'T

30,4?3.9G

Land and Housos Purchased, , 2,.598.90

Extraordinary Public Works, ..................
Extraordinary Military Expenditure,

TOTAL,---

(repealed by -Ordinance No. 4 of 1887.

T 22,29$.9$

3, 4(i4.64
$240.456.'7 ~.

X242,0'19.20
1896
1897

Abstract

1896
1897

Identifier

https://oelawhk.lib.hku.hk/items/show/482

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 16 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:06 +0800
<![CDATA[PRESERVATION OF WILD BIRDS AND GAME ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/481

Title

PRESERVATION OF WILD BIRDS AND GAME ORDINANCE

Description

Wild Birds Preservation.

No. 15 of 1885.

An Ordinance emitlcd The Preservation of Wild Birds and Game
Ordinance.

[ 13th June, 1885.]

WHEREAS it is expedient to make R provision for the preservation of
wild birds and game: I3e it enacted by the Governor of Hong-
kong with the advice of the Legislative Council thereof, as-follows :---

1. Ordinances 1 of 1370 and 16 of 1884, are hereby repealed.

2. In this Ordinance ° the words `wild bird' shall include every
description of wild bird; and the word 'game' shall include every des-
cription of deer, have, rabbit, pheasant, partridge, grouse, heath or moor
game, black game, bustard, woodcock, snipe, quail, handrail, wild duck,
and widgeon. y

3. No lierson shall kill, w ound, take, or attempt to kill, wound, or
take any wild bird, or game, or use any gun, uet, or other instrument
whatever for such purpose, without having previously ob-tained a licence
from the Governor in Council as hereinafter provided.

And no person shall, from the month of April to the month of
>Septenlber both inclusive, offer for sale ia- .this Colony any pheasant
or
partridge.

Ordinance No. 15 of 1885.

Wild Birds Preservation.

Any person committing an offence against this section shall be lia-
ble, on surrnlial°y conviction before a 12a~;istrate, for a first offence
to a
penalty not elceedin,; ten dollars, and for any subsequent offence to a
penalty not eaceedialu twenty-flve dollars with or without imprisonment
with hard labour not exceeding 1 month.
4. ~ Where any person is found offending against this Ordinance, it
shall be lawful for any person to require tine person so offending to give
his name, surname and place of abode; and in case the person offending
r
after being so .required, refuses to give his, real malzae and place of
abode,
h e shall be livable on summary conviction thereof before a Magistrate to
a
penalty not exceeding twenty-five dollars, in additiowto any punishment
which may be inflicted under section 3.
The Governor in Council may, from bane to time, at discretion
grant to any person, for Sl1Ch, considerations and upon such conditions
cud for such periods not exceeding ten years at any one tinne and in such
form as may, from tvirne to tirtie, be determined by the Goxrernor in
Cr;uncil,
permission to shoot ai:acl tale gauze or wild birds or any particular des-
criptions of game or wild lauds withineany particular districts or
localities
in this Colony.
If at any tine any person to wlloln such permission has been granted
is, in the ol)inicn of the .Governor in Council, guilty of any breach of
any
condition on ,which tilt; canoe was gruratecl, the Governor is Council
may,.
by order, revoke the same.
1895

Ordinance 1 of 1870 and 16 of 1884 repealed.
Interpretation.
Penalty for killing or wounding, &c., birds, without a licence; and offering for sale pheasant or partridge between April & September.
1896

Penalty for refusing to gice name and address.
Governor in Council may grant licence to shoot and take game, &c., and may revoke such licence.

Abstract

1895

Ordinance 1 of 1870 and 16 of 1884 repealed.
Interpretation.
Penalty for killing or wounding, &c., birds, without a licence; and offering for sale pheasant or partridge between April & September.
1896

Penalty for refusing to gice name and address.
Governor in Council may grant licence to shoot and take game, &c., and may revoke such licence.

Identifier

https://oelawhk.lib.hku.hk/items/show/481

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 15 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:06 +0800
<![CDATA[FRENCH MAIL STEAMERS ORDINANCE CONTINUATION ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/480

Title

FRENCH MAIL STEAMERS ORDINANCE CONTINUATION ORDINANCE, 1885

Description

Ordinance of No. 14 1885.

French Mail Steamers.

No. 14 of 1885.

An Ordinance entitled Tie French Mail Steamrers Ordinance continuation
Ordinance, 1885.
[27th May, 1885.]

BE it enacted by the Governor of Honal-onb, with the advice of the
Legislative
Council thereof, as follows:-

1. Ordinance 6 of 1880, entitled An Ordinance to , make temporary
provision for
securing the status of French Mail Steamers within the ports of the
Colony of Hongkong,
shall continue in force until the first of September, 1886, inclusive.

[Repealed by Ordinance of 4 of 1887.]
1895

Abstract

1895

Identifier

https://oelawhk.lib.hku.hk/items/show/480

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 14 of 1885

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:06 +0800
<![CDATA[TRADE MARKS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/479

Title

TRADE MARKS ORDINANCE

Description

No. 13 of 1885.

An Ordinance entitled An Ordinance to amend Ordinance 16 of 1873.
[20th, May, 1885.]

BE Council enacted by the Godernor of Hongliong, with the advice of the
Legislative
Council thereof, as follows:-

See. a of or& Ordinance 16 of 1873 is hereby amended as follows, viz. :-
arunee i(f of 1873
amended,

rn section 3 by striping out from the words 'every such application' to
the
words 'thd colonies and,' both inclusive, and inserting in place thereof
the words 'if the parties making the application do not reside or carry
on business in this Colony, the application must be transmitted. to the
Governor through Her Majesty's Principal Secretary of State fur the
Colonies'; and if the parties are resident or have their principal
business
establishment in this Colony, the application may be made direct: to the
Governor. Every such application.'

[Repealed by Ordinance No: & o, f'-1886.]
1894

Sec. 3 of Ordinance 16 of 1873 amended.

Abstract

1894

Sec. 3 of Ordinance 16 of 1873 amended.

Identifier

https://oelawhk.lib.hku.hk/items/show/479

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 13 of 1885

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:06 +0800
<![CDATA[MARRIED WOMEN'S DISPOSITION OF PROPERTY ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/478

Title

MARRIED WOMEN'S DISPOSITION OF PROPERTY ORDINANCE, 1885

Description

ORDINANCE No. 12 'oF:~ 1885: ,

Married Women's Disposition of Property.

No. 12 of 1885.

An Ordinance entitled Tote Married Wome7a's Disposition o, f Pro-
perty Ordinance, 1885: r _

[20th May, 1880-: j

BE it enacted by the Governor of Hon gl~ong, with the ad vice of the
a 0 '
egislative Council thereof, as follows:---

1. In this Ordinance the word 'Land' shall include land, mes- xAfd.
suages, ;end tenements, of any tenure situate within the Colony, and any

undivided share thereof.

The word 'Estate' shall include an estate in equity as well as at
law, and shall also include any interest, charge, lien, or incumbrance.
in,
upon, or affecting land either at law or in equity, and also any interest;
charge, lien or incumbrance in, upon, or affecting money subject to be
t
invested in the purchase of land.

The expression 'money subject to be invested in the purchase of money
land' shall include money, whether raised onto be raised, and whether
subject
the purchase

the amount thereof be, or be not; ascertained, and shall extend to stocks
of land.
and funds and real and other securities the produce of which is directed
to be invested in the purchase of land.

'1 he expression -'the Chief Justice' shall mean the Chief Justice of'
cbiet Justice.
Judge, Land
the Supreme Court, and the expressions 'the Larid Officer and Land
ofricer.
Office' shall mean the Land Office and Land Officer of this Colony.

Estate'

2. A married woman may by deed dispose of any land and money
subject to be invested in the purchase of lard; and also dispose of.
disclaim,
re!eas('1,; surrender; or extinguish any estate which she alone, or she-
and
l~er husband in her right, may have in any land or in any such money,
and also releaV or extinguish any power which may be vested in, or
limited, or reserved to her in regard to any land, or any such money, or,
in' regard to any estate in any land, or in any such money, as fully and
effectually as she could do if she were a feme sole, but no such
disposition,
disclaitner, release, surrender eor extinguishment shall be valid and
e,ffeetaal*_unless the husbcind concur in the : deed by which the same is
effected, nor unless the deed be acknowledged by her as hereinafter
d~i~ccted., .

A married.
woman wih
husband's
concurrence
and by aced .
acknowledged--- ~:.
may dispose
of lands:
[3 4-~ 4 11,311.
4. c. 74, sets.
77, 7'3.]
4PDINAN-CE No. 12 -OF- IRIS.

Alarried Women's Disposition of .Property.

Provided that the powers of disposition given to a married woman
by this Ordinance shall not interfere with any power which, independently
of this Ordinance, may be vested in, or, liir~ited,. or reserved to her,
so as
to prevent her from exercising such homer in arty case, except so far as
by any disposition made by her under this ordinance she may bo.pre-
~'C'17 ted from so doing in consequence of such power having been
suspended'
or extinguished by such disposition.

3. Every dead to be exccuted by a roar vied ivolnan for any of the

heed by mar- .
4ledwonan fie Jur JOSS Of this Or(]1i1a1aG(: shall a )(Jn her executing
tile SaTYTe, or after-
'be acknbw-- 1 . ~ ~ a
wards, be produced and ocl;no~vleclged by her as her act and decd before
rlbzd: s. ro.] ,a corotnissioneT' to ,be alyJOiTited -as hereinafter
provided.

~xamiynac,inn 4. The CUmr131SS1UI1(:1'before lie, shall receive such
acknowledgment,
o~.~ axart. shall examine the woTnan apart from her hml:>rincl touching
her h.nowlcdge
~~o~x~,~5}~a~l~x. of Such. deed, and shall ascertain whether sh.e fl.
ccly and voluntarily con-
sents to such deed, and, unless shoe does so, shall riot permit her to ac-
knowledge the SaI11E, and in such case such deed shall, so far as relates
to the execution thereof by such married wonTau, be void.

,Appoiatment
~io~ers.=
Zbid. sceR, -
1,93,1

Persoli taking
= A6i:nomeag-
meat to, sign
memorandum.
[l`tizdol. 84.]

6 ~ The Chief Justice may, whenever it seems desirable to him so to
do, appoint one or more commissioners for taking acknowledgments by
married women of the deeds to be executed by them as aforesaid, and
such commissioners shall be removable by and at the pleasure of the
Chief Justice. The Chief Justice may also from time to tulle as occasion
may require appoint a special commissioner to take the acknowledgment
of any particular married roman in Tnglana or in any other place out of
tye Colony.

6.` Whun a ro~a'rried woman acknowledges any such deed, tllecom-
rriissioner, takifiig such acknowledgment shall sign a Men lorandum to be
lexzdorsed on, or written at the foot, or in the margin of such deed,`
whick
memorandum; shall be to the following effect, . viz..--

This .
. 'deed Trlarhed (here add acme letter or other mark for. the

Purpose of identification) was this day produced before me

and acknowledged by

therein

named to be her act and deed, previous to which acknoW=

ledc,ment the said,

was examined

by me separately and apart fiom her husband touclxi~ng
No. 12 of 1855.

Married Women's Disposition of Property.

her knowledge of the contents of the said deed and her
consent thereto and declar-d the same to be freely and
voluntarily executed by leer,''
and the same commissioner shill also sin a cortiicate of the taking of
such
acknowledgment which may be to the following effect, viz. :-

'These are to certify that on the

day of

in the year 18 , before zne
the undersicned, A.B. a. commissioner appointed for the;
Colony of Hongkong, fc)r tahinq the acknowledo,ments of
deeds by married women pursuant to the Tarried Women's
Disposition of Property Ordinance, 1885, appeared person-
ally the ~vife of
and produced a certain indenture marked (here add the
nia rk) bearing date the day of
18 , and made between (insert the nanr,es of the parties)
and ael:nowleded the satire to be,her act and deed, an
du hereby certify that the sail
was at the time of her acknowledging the said deed of
apparent full age and competent understanding, and that
she was examined by me apart from her husband, touching
her kno\vledoe of the contents of the said deed, and that
she freely and voluntarily consented to the same.'

. Every such certificate, within 3 months of its being sinned shall
be lodged with the land Officer, who shall examine the certificate and
see that it is in due form, is duly signed by the commissioner and if the
requisites in this Ordinance in that respect have b.:~eii coinplied with,
shall cause the same to be, filed as record in the Land, Office.

$, When the certificate is so filed, the clee(l so acknowledged so far
as regards theklisposirion, disclaimer, release, surrender, or
eltin~uishment
thereby made, shall take effect fru^n the time of its being
achnowrledo'ed,
and the filing of the certificate shall have relation to such achuowleciy
nenG.

9. The Land Officer. shall, at any, time deliver a copy, lined by

Certificate
with affidavit
to be lodged
in Land
Office.
[Ibid. e. 85.]

Deed to take
effect from
time of ack-
nowledgment.
[Ibid. a. s6. j

Copy of -

hirn of any such certificate to any person applying for such copy,
and certificate
a a ~ evidence.
every such copy shall be received as .evidence of the acknowledgment of
[112d. $: ss.l
the deed to which such certificate 'refers.
Ordinance No. 12 of 1885.

Married Warnen's Disposation of Property.

If ,a husband is, in consequence of unsound. mind, or
from any
c~>net~rreuce
when diRhen- other cause, incapable of executing a deed, or if his
residence is not
Red with.
~zn~rz. ~. s~.l l;no'o'n, or he i5 in prison, or is living apart from his
wife, either by
mutual consent, or by sentence of divorce, or from any other cause
whatsoever, the Chief Justice, *may by an order to be made in a summary
way upon the application of the wife, and.ul7on such evidence as to him
shall seem meet, dispense with the concurrence of the husband in any
case in -which his concurrence is required by this Ordinance, or
otherwise,
and all acts and deeds to be done, executed, or made by the wife in
pursuance of such order, ire regard to any land or in regard to money,
subject to be invested in the purchase of land shall be as good and valid
as they would have been if the husband had concurred, but without
prejudice to the rights of the husband as then existing independently of
this Ordinance.
1891
Land.
Estate.
Money subject to be invested on the purchase of land.
Chief Justice, Judge, Land Officer.
A married wonan with busband's concurrence and by deed acknowledged may dispose of lands.
[3 & 4 Will. 4 .c. 74. secs. 77, 78.]
1892
Deed by married woman to be acknowledged.
[Ibid. s. 79.]
Examinaiton of married woman apart from husband.
[Ibid. s. 80.]
Appointment of commissioners.
[Ibids. secs 81, 83.]
Person taking acknowledgment to sign memorandum.
[Ibid. s. 84.]
1893
Certificate with affidavit to be lodged in Land Office.
[Ibid. s. 85.]
Deed to take effect from time of acknowledgment.
[Ibid. s. 86.]
Copy of certificate evidence.
[Ibid. s. 88.]
1894
Husband's concurrence when dispensed with.
[Ibid. s. 91.]

Abstract

1891
Land.
Estate.
Money subject to be invested on the purchase of land.
Chief Justice, Judge, Land Officer.
A married wonan with busband's concurrence and by deed acknowledged may dispose of lands.
[3 & 4 Will. 4 .c. 74. secs. 77, 78.]
1892
Deed by married woman to be acknowledged.
[Ibid. s. 79.]
Examinaiton of married woman apart from husband.
[Ibid. s. 80.]
Appointment of commissioners.
[Ibids. secs 81, 83.]
Person taking acknowledgment to sign memorandum.
[Ibid. s. 84.]
1893
Certificate with affidavit to be lodged in Land Office.
[Ibid. s. 85.]
Deed to take effect from time of acknowledgment.
[Ibid. s. 86.]
Copy of certificate evidence.
[Ibid. s. 88.]
1894
Husband's concurrence when dispensed with.
[Ibid. s. 91.]

Identifier

https://oelawhk.lib.hku.hk/items/show/478

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 12 of 1885

Number of Pages

4
]]>
Mon, 22 Aug 2011 18:02:06 +0800
<![CDATA[POST OFFICE ORDINANCE, 1884, AMENDMENT ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/477

Title

POST OFFICE ORDINANCE, 1884, AMENDMENT ORDINANCE, 1885

Description

Post Office.

No. 11 of 1885.

An Ordinance entitled The Post Ofte Ordinance, 1884, Amendment
Ordinance, 1885.

[20th May, 1885.]

BE it enacted by the Governor of Hongkong, with the advice of the
ZPgislatiwe-
-B Council thereof, as follows:-

Ordinance 12 of 1884, is hereby amended as follows, viz.:--

In section 9, by substituting for the words 'Postal Treaty applicable to
this
Colony,' the words'' instructions transmitted from the Secretary of State
for the Colonies or from the Imperial Postmaster General.'

In section 11, by substituting for the words ' Postmaster General way
subject
to such Treat,' the words ' Governor may subject, to such instructions'
and for the words 'Postmaster General from time to time thinks' the,
words ' Governor. from. time to time thinks' and by striking out the
words ' approved by the Governor in Council and.'

[Repealed by Ordinance No. 1 of 1887.]

1890

Secs. 9 and 11 of Ordinance 12 of 1884 amended.

Abstract

1890

Secs. 9 and 11 of Ordinance 12 of 1884 amended.

Identifier

https://oelawhk.lib.hku.hk/items/show/477

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 11 of 1885

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:05 +0800
<![CDATA[INCORPORATION OF THE VICAR APOSTOLIC OF THE ROMAN CATHOLIC CHURCH ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/476

Title

INCORPORATION OF THE VICAR APOSTOLIC OF THE ROMAN CATHOLIC CHURCH ORDINANCE

Description

ORDINANCE No. ro of 1885.

Incorporation of the Vicar Apostolic of the Roman Catholic Church.

No. 10 of 1885.

An Ordinance for the Incorporation of the Vicar Apostolic of

the Roman Catholic Church in Hongkong.,

C 15th May), 1881.

BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :--

1. The Right Reverend 'JOHN TIMOLEONE RAIMONDI the Roman
Catholic Titular Bishop of Acantho and holding the ecclesiastical appoint-
ment of Vicar Apostolic of the Roman Catholic Church in Hongkong,
and his successors holding the said appointment or the Roman Catholic
dignitary for the time being having the supreme ecclesiastical jurisdic-
tion - in this Colony, in the Roman Catholic Church, shall be a body
corporate and shall for the purposes of this Ordinance have the name of
' The Vicar Apostolic of the Roman Catholic Church in Hongkong,' and
by that name shall have perpetual succession and shall and may sue and
be sued in all Courts of Justice and before all Magistrates in this
Colony,
-and shall and may have and use a common seal, and the said seal may
from time to time break, change, alter, and make anew as to the said
corporation may seem fit, and the said corporation shall have,full power
to acquire, purchase, take, fold, and enjoy for the use of the Roman
Catholic Church in this Colony all lands, messuages, and tenements of
-'That nature or kind soever for a life or lives, or for a term of years,
and
also all manner of goods and chattels whatebever, and the said corporation
is hereby further empowered from time to time by deed under its seal to
mortgage, sell, or demise, grant, convey, or otherwise dispose of any,
lands; buildings, rnessuages, and tenements by this Ordinance vested, or
that, may hereafter be vested in the said corporation upon such terms as
the said corporation may see fit: Provided always that no lftnds,
buildings,
inessuages, or tenements acquired with public money or, granted by the
-Government'of the Colony for any special purpose previous to the
passing of this Ordinance shall fe disposed of without the consent of the
,,Governor for the time being in Council.

2. The lands, buildings, messuages, and tenements in this Colony Lands,
&e.,
now vested iii
-at the time of the, passing of this Ordinance vested or purporting to be
the saereA
vested in the Sacred Con regation'of the Propagation of the Faith or In
Congregation
g t~ of the Propa.-
the said Right Reverend JOHN TImOLEONE RAIMONDI in, his own fight or bah,
B eh op

Vicar a i~a~-

t o lic of tn,~

lloman.,
Catholic .
Church in.
Hongkong to
be a body
Ordinance No. 10 of 1885.

Incorporation of the Vicar Apostolic of the Roman Catholic Church.


as trustee for or procurator of the said Sacred Congregation or

Reverend ..-; name,of the late Very Reverend Don LUIm AMBIzOSI as such
procurator

AMBROsI,.tV
he vested in or in any other person or persons as procurator or agent or
as trustee or

the corpora I

Lion. trustees for the said Sacred Congr egition, and all rnonies,
securities for
money, goods, chattels, and effects whatsoever; the property of the said
Sacred Congregation, or standing in the name of the said Congregation or
purporting so to be are hereby transferred to and vested in the said
corpo-
ration, but sub ject as regards the said lauds, buildings. messuages, and
tenements to the payment of the rents and the observance and perform-
ance of all the covenants, conditions, and reservations contained in the
Crown leases or under leases or mortgages under which the said lauds,
buildings, tenements are now or may hereafter be respectively held.
ztight$Sof the 3. Nothing herein contained shall affect or be deemed to
affect the
Crown rights of Her Majesty the 17e1° heirs or successors or of an bodies
reservsd.- b Queen, > _ y
politic or corporate, or other person or persons, except such as are men-
tioned in dais Ordinance and those, claiming by, from, or under them.
1889
Vicar Apostolic of the Roman Catholic Chruch in Hongkong to be a body corporate.
Land, &c., now vested in Sacred Congregation of the Propagation of the Faith, Bishop
1890
RAIMONDI and the late Reverend AMBROSI, to be vested in the corporation.
Rights of the Crown reserved.

Abstract

1889
Vicar Apostolic of the Roman Catholic Chruch in Hongkong to be a body corporate.
Land, &c., now vested in Sacred Congregation of the Propagation of the Faith, Bishop
1890
RAIMONDI and the late Reverend AMBROSI, to be vested in the corporation.
Rights of the Crown reserved.

Identifier

https://oelawhk.lib.hku.hk/items/show/476

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 10 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:05 +0800
<![CDATA[BILLS OF EXCHANGE ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/475

Title

BILLS OF EXCHANGE ORDINANCE, 1885

Description

ORDINANCE fro. ~ 9 of .3855.

Bills of Exelaangge.

Bills of Exchange Ordinance,' 1885.

ARRANGEMENT of SECTIONS.

PART I.

PRELIMINARY.

1. Short title.

2. Interpretation of terms.

3. Bi.ll.of exchange defined. .

4. Inland and foreign bills.

5. Effect where different parties to bill are the same person.

6. Address to drawee.

i . Certainty required as to payee.

8. What bills are negotiable.

9. Sum payable.

10. Bill payable on demand.

11. Bill payable .at a future time.

12. Omission of date in bill payable after date.

13. Ante-dating and post-dating.

14. Computation of time of payment.

15. Case of need.

16. Optional stipulations by drawer or indorser.

1?'. Definition and requisites of acceptance.

1$-Time for acceptance.

19. General and qualified acceptances.

20. Inchoate instruments.

21. Delivery.

PART If.

BILLS of EXCHANGE.
Am and interpretation.

Capacity and authority of parties.

22. Capacity of parties.

23. Signature essential to liability.

24. Forged or unauthorised signature.

25. Procuration signatures.

26. Person signing as agent or in representative capacity.
ORDINANCE No. 9 of 1885.

Bills of .Exchange.

T. he consideration for a bill.

Section.

27. Value, and holder for value.
28. Accommodation bill or party.
29. Holder in due course.
:30. Presumption of value and good faith.

Negotiation of bibs.

:;1. Negotiation of bill.
32. Requisites of a valid indorsement. .,
33. Conditional indorsement.
34. Indorsement in blank and special icidorsemeut.
.`35. Restrictive indorsement. '
36. \Tegotiation of over-due or dishonoured hill. ,
37. Negotiation of bill to party already-liable, thereon.
38. Rights of the holder.

I\' on-acceptance.
Dishonour by non-acceptance and its consequences.
Duties as to qualified acceptances.
Rules as to presentment for payment.
Excuses for delay or non-presentment for payment.
Dishonour by non-payment.
Notice of dishonour and effect of non-notice.
Rules as to notice of dishonour.
Excuses for non-notice and delay.
Noting or protest of bill.
Duties of holder as regards drawee or acceptor.

General duties of the holder.

39. When presentment far acceptance is necessary.
40. Time for presenting bill payable after sight.
41. Rules as to presentment for acceptance and excuses for
non-presentment.

42.
43.
44.
45.
46.
47.
48.
49.
~e7 0.
51.
a2.

Liabilities o
11 f parties.

.53. Funds in hands of drawee.
S54. Liability of acceptor.
56. Liability of drawer or indorser.
.56. Stranger signing bill liable as indorser.
57. Measure of damages against parties to dishonoured bill.
58. Transferor by deliveryand transferee.

18494
ORDINANCE.: ho.-=

.Bills$of.:Ed:.

Discharge of , mill..

Rec;tion.

.59. Payment in due course.

60. Banker paying demand draft whereon indor3em©nf~ is Iorgea.
61. Acceptor the holder at maturity.

62. Express waiver. .
63. Cancellation
64. Alteration of bill.

Acceptance and payment, for honoeto .

65. 'Acceptance for honour supra protest.
fib. Liability of acceptor for honour.
67. Presentment to acceptor for honour..
Ei$: Payment far honour supra protest.

Lost insh-aments.

fig. Holder's right to duplicate of lost bill.
?0. Action on lost bill.

r 3. Cheque defined.
i 4. Presentment of cheque for payment.
15. Revocation of banker's authority.

71. Roles as to sets.

i `3. Rules where laws conflict.

Bill in a set.

Conflict- of laws.

PART TIT.

CI1EQUb;s ON A BANKF1t.

Grossed cheques.

f

~G. General and special crossings defined.
77. Crossing lay drawer or after issue.
7 8. Crossing a material pert of cheque.
7 9. Duties of banker as to crossed cheques.
$0. Protection to banker and drawer where cheque is crossed.
$1. Effect of crossing on holder.
$2. Protection to coliectina banker.
GDI N ANCr' ' No. ' j9 ojp ' 1985;

' BUl9. orAWhange.

,PART IV. .

Section.

83. Promissory note defined.

84. Delivery necessary.

85. Joint and several notes.

86. Note payable on demand.

8'l.- Presentment of note for-payment.

88. Liability of maker.

89. Application of Part II. to notes.

PROnLISSOAY NOTES.

PART V.

SUPPLEMENTARY.

90. Good faith.

91. Signature.

92. Computation of time.

93. When noting equivalent to protest.

94. Proto'st when notary not accessible.

95. Dividend warrant may be crossed.

96: Repeal.

97. Savings.

98. Construction with other Ordinances, &c.

SCHEDULE L--Form of protest.

NOTE, The Arrangement of Sections has been placed before instead of after
the Ordi-

nance.

n No. 9 Qf 188.

An Ordinance entitled The Bills of Exchange Ordinance.

[4th May, 188. ]

~E it enacted by the Governor of HonPgkon~, with the advice of the
Legislative Council thereof,' as follows:-

PART I.

PRELIMINARY.

This Ordinance may be cited as the Bills of Exchange ordinance, shoft
tide.

188.
ORhINA NCE No. -9 OF` 1885.

Bills of Exchawge.

Iuterprel.a- ~'~w', In this Ordinance, unless the context otherwise
requires,-
tipn of terms.
' Acceptance' means an acceptance completed by delivery or
notification.
' Action' means 'suit or action' and includes counter claim
and set off.
' Banker' includes a body of persons whether incorporated or
not who carry on the business of banking.
Bankrupt' includes any person whose estate is vested in a.
trustee or assignee cinder the law for the time being in
force relating.to bankruptcy.
Bearer' means the person in possession of a bill or~ note which
is payable to bearer. '
Bill' means bill of exchange, and 'note' means promissory
note.
' Delivery ' means transfer of possession, actual ~or constructive,
from one person to another.
' Molder' means the payee or indorsee of a bill or note who is
ire possession of it, or the bearer thereof.
'Indorsement' means an indorsernent completed by delivery.
`` Issue' means the first delivery of a bill or note, complete inform to
a person who takes it as a holder.
' Person' includes 'a body of pers< ns whether incorporated or

not.

' Value' means valuable consideration.
'Written' includes printed, and 'writing' includes print.
PART II.
BILLS OF EXCHANGE.
Form and interpretation.

3. (1. ) A bill of exchange is an unconditional order in writing,
addressed by one person to another, signed by the person giving it,

requiring the person to whom it is addressed to pay -on demand or at a
.fixed or determinable future time a sum certain in money to or to the
order of a specified person, or to bearer.
ORDINANCE No. 9 OF 1885.

Bills of Exchange.

(2.) An instrument which does not comply with these conditions,
or which orders any act to be done in addition to the payment of money,
is not a bill of exchange.

(3.) An order to pay out of a particular fund is not unconditional
within the meaning of this section ; but an unqualified order to pay,
coupled with (a) an indication of. a particular fund out of which the
drawee is to~ re-imburse himself or a particular account to be debited
with
the amount, or (b) a statement of the transaction which gives rise to the
bill, is unconditional.

(4.) A bill is not invalid br reason

(a.) That it is not dated;

(b.) That it does not specify the value given, or that anti value
has been given therefor ;

(c.) That it does not specify the place where it is drawn or the
place where it is payable.

4.e (I.) An inland bill is a bill which is or on the face of it purports
.Inland al,a
to be (a) both drawn and payable within this Colony, or (b) drawn foreign
bill.
within this Colony, upon some person resident therein. Any other bill
is a-foreign bill.

2 ) Unless the contrary appear on the face of the bill the holder
may treat it as an inland bill. w

~. (l.) A bill may be drawn payable to, or to the order of, the
drawer; or it may be drawn payable to, or to the order of, the drawee.

(2.) Where in a bill, drawer and drawee are the same person, or
where'the drawee is a fictitious person or a person not having capacity
to contract, the holder may treat the instrument, at his option, either
as a
bill of exchange or as a promissory note.

6. (l.) The drawee must be named or otherwise indicated in a bill Address
to
with reasonable certainty. drawee.
(2.) A bill may be addressed to two or more drawees whether they
are partners or not, but an order addressed to two dr~twees in the
A alternative or to two or more drawees in succession is not a bill of ' ,
exchange.

Effect where
different
parties to
bill are the
same person.
Cortainty,
required as,
to Payee.

Wh.M bills
gyre ncaoti
~able.

OWINANCB Na;.,.9,-40'FV: IWX

. ._y{{;: (::lr: ) Where a ,bill; .is, not payabl.6- to;, :bearerj- the
.: payee must be
ri=edioryotherwise indicated therein with .reasonable certainty.

( 2. ) A bill may be made payable to two or more payees jointly, or
it:may be'made payable: in the alternative to, one of two, or one or some
4f. several, payees. A bill: many also be made payable to the holder of
an,
offiee :for the time ~ being:

(3.) Where the payee is a fictitious, or non-existing. person the bill
may be treated as payable to bearer.

$. (1. ) Where a bill contains wordy prohibitiryg transfer, or indica-
ting an intention that it should not be transferable, it is valid as
between
'the parties thereto, but is not negotiable..

(2:) A negotiable bill. may be payable either -to order or to bearer.

(3. ) A, bill is payable to bearer which is expressed to be so payable,
or: on-, which the only or. last indorsement is an indorsement in blank.

( 4, ) A bill is payable to, order which is expressed to be so payable,
oar which is expressed to be~ payalile,'to a particular. person, and does
not
contain words prohibiting. transfer or indicating an intention that it
shQUld not be transferable.

(5.) Where a bill, either originally or by indorsement, is expressed
to be.payable to the order of a, specified person, and not to him or his
order, it is nevertheless payable to him or his order at his option.

'SuM Payable. $. (1. ) Tie sum payable: by a ,,bill is a svin certain
within. the
meaning of this Ordinance, although it is required. to be paid-.!-

(a. ) With. interest.
b. ) By stated instalments.

(c. ) By stated instalments, with a provision that upon default
in payment of any instalment the whole shall become due.
(d.) According to an indicated rate of exchange or according
to a rate of exchange to be ascertained as directed 'by,
the bill.

(2.). where the sum payable is expressed in words anal also in

figures, and there is a ,discrepancy between the two, the sum denoted by:
the words is the amount payable.
. (S. j' Where. a bill is: expressed ~ to ; be ~ payableo with, inte,
rest,. unless,
the instrument otherwise provides, interest. runs from the date ~ofthe
bill, aid if the bill is undated from the issue thereof.

10. ( L) A bill is payable on demand--

(a..) Which is expressed to be payable on demand, or at, sight,
or on presentation ; or
(b: ) In which no time for payment is expressed:

(2.) .Where a bill is aecepted~or indorsed when it is overdue, it
shall, as regards the acceptor who, so accepts, or any. indorser who so
indorses it, be .deemed a bill payable on demand.
11. A .bill is pa3 able ,at a. determinable future tune within the
mean- Bin ~-Atra.bn
ing of this Ordinance which is expressed to be payable-- t mGf
.
`tt.'1.`

( I : ) At a fixed period after date or sight.

( 2. ) On or at a fixed period after the occurrence of a specified
event which is certain to happen, though the time of
happening may.be uncertain.

An instrument expressed to, be payable on a contingency is not a
bill, and the happening of the event does not cure the defect.

12. Where a bill expressed to be payable at a fixed period after,
date is issued undated, or where the acceptance of 'a bill payable at a
fixed period after . sight is undated, any bolder may insert therein the
true date of issue or acceptance, and the bill shall be payable
accordingly.

Provided that (1) where the holder in good faith and by mistake
inserts a wrong date, and ( 2) in every case wherea wrong date is
inserted,
if the' bilk subsequently cones into the hands of a holder in due ,course
the bill shall not be avoided thereby, but shall operate and be payable
as,
if the date. so jn.serted had been the true date.

13. (l.) Where a bill or an'' acceptance or any indorsement on a~
t1ni,e-d;ztin
dill is dated, the date shill, unless the contrary be proved, be deemed:
~.~t,~s`t-
to be the true date of the drawing, acceptance, or indorsement, as the
case may be.

(2.) A bill is not invalid by reason only that it is ante-dated;or
post-dated, or that it hears date on a Sunday. .

13111. payable
nn dcmau<i.

omission of
date in bill
payable after
date. ,
ORDINANCE No. 9. ©F I1335:

Bills of Exchange.

14. Where a bill is not payable .on demand the day on which it
falls _tlue is determined as follows:

--='

(1,) Three days, called days of grace, are, in every case where the
bill itself does not otherwise provide, added to the time of payment as
fixed by the bill, and the bill is due an3 payable on the last day of
grace: Provided that-

(a.) When the last day of grace falls on Sunday, Christmas
Day, Good Friday, or a day appointed by proclamation
in the Gazette as a public fast or thanksngiving day, the
bill is, except in the case herein-after provided for, due
and payable on the preceding business day;

(b. ) ,Then the last day of grace is a bank holiday (other than

Christmas Day or Good Friday) or when the last day of
grace is a Sunday and the second day of brace is a bank
holiday, the bill is dne and payable on the succeeding
business day.

(2.) Where a bill is payable at a fixed period after date, after sight,
or after the happening of a specified event, the time of payment is deter-
mined by excluding the day from which the time is to begin to run and
by including the day of payment.

( 3. ) Where a bill is payable at a fixed period after sight, the time
begins to run from the date of the acceptance if the bill be accepted, and
from the date of noting or protest if the bill be noted or protested for
non-acceptance, or for non-delivery.

(4.) The term 'm=th' in a bill means calendar month.

Vasa or aml. RK. The drawer of a bill and any indorser may insert therein
the
name of a person to whom the holder may resort in case of need, that is
to say, in case the: bill is dishonoured by non-acceptance or
;ion-payment.'

Such person is called the referee in case of need.. It is in the option of
the holder to resort to the referee in case of need or not as he may think

stipulations

hp drawer or

indarser.

16. The drawer of a hill, and any indorser, rnay insert therein an
express stipulation-

(L) heaativing or limiting his oven liability to the holder
ORDINANCE No. 1 of x885.

Bills of Ea chaarge.

(2.) Waiving as regards himself some or: all of the holder's duties.

17. (1.) The acceptance of a bill is the signification by the drawee
of his assent to the order of the drawer.

(2.) An a ccept.-Mce is invalid rnlecs it ccmplies -,A-ith tl:e following
conditions, namely

(a.) I t must he wlittcIl cD the bill and be signed by the drawee
The mere signature of the drawee without additional
words is sufficient.

(b.) It must not express that the drawee -Till perform his pre-
mise by any other means than the payment of money.

18. A bill may be accepted.

(I .) Before it has been sigucd l-y the c?l air er, or while cthc i l%1m
incomplete

(`2.) When it is overdue, or after it has been dishonoured by a pre-
vious refusal to accept, or by non-payment

41
(3.) W hen a bill payable after sight is dishonoured by non-acceptance,
and the drawee subsequently accepts it, the holder, in the absence of any
different agreement, is entitled to have the bill accepted as of the date
of
first presentment to the drawee for acceptance.

19. (1.) An acceptance is either (a)^general or (b) qualified. Generiiand
qualified
acceptane'.
(2.) A general acceptar;ce ascents without qualification to the order
of the drawer. A qualified acceptance in express terms varies the effect
,of the bill as drawn. a

Definition
and requisites
of. acceptance.

'Cimc for
slec:epta.nce.

In particular an acceptance is qualified which is-- .,

(a.,,) Conditional, that is to say, uhich makes payment by the
acceptor dependent on the fulfilment of a condition
therein stated

( b. ) Partial, that is to say, an acceptance to pay part only of
the amount for which the bill is drawn

(c.) Local, that is to say, an accept-ante to pay only at a parti-
cular specified place
:'ORDINANCE No:,`9_ of 1885.

$illi of Exohdn#e.

Inchoate
iutruments.

`A~ti acceptance to pay at: a~ particulat place is a general -acceptance,
unless it, expressly states. that the bill is to be paid there only and
not
elsewhere
(d. ) qualified as to tune
.(e.) The acceptance of some-one or more of the dra~.vees, but
not of all.

' 20. (1. ) Where a' simple s'iailature on a blank stamped paper is.
delrver-ed by' the signer' in order that it may be converted into a bill,
it
operates as a prirra4facie authority to fill it up as a complete bill for
any
amount the stamp will cover, using the signature for that of the drawer,
or. the acceptor, or an indorser; and, in like manner, when a bill is
want-
ing ire any material particular, the person in possession of it has a prim
,facie authority to fill up the omission in any way he thinks fit.

( 2. ) In order that any such instrument when completed may be
enforceable against any person who became a party thereto prior to its
completion,,it must be filled up within a reasonable time, and strictly in
accordance with the aEithority given. Reasonable time ,for this purpose
is a question of fact.
~' Provided that if any such instrument after completion is negotiated
'to a holder in due course it shall be valid ,and effectual for all
purposes
in his hands; and he may enforce it as if it had been filled up within a
reasonable time and strictly iwaccordance with the authority given.

21. (1. ) Every contract on a bill, whether it be the drawer's, the
acceptor's, or an indorser's, is incomplete and revocable, until delivery

the 'instrument in order to give: effect thereto.
Provided that where an acceptance is written on a bill, and the-
'drawee gives notice to' or according to the directions of the person- en-
titled p the bill that he has accepted it, the acceptance then becomes
com-
plete and irrevocable.
( 2.)~ As between immediate parties, and as regards ~ remote party
other than a holder in due course, the,delivery--
(a.) In order to be effectual must be made°either by or under
the authority of the party drawing, accepting, or indor-
sing, as the case may be:
(b. ) May be shown to have been conditional or for a special
purpose only, and not for the purpose of transferring
the property in the bill.
ORDINANCE .No. - 9 up' 1855.

BiUr o, f .Exchange.

But. if the bill:be in the .:hands of a holder in .due course a valid de-
livery of the bill by all parties prior, to him so as to make them liable
to
him is conclusively presumed.

(3.) Where a bill is no longer in the possession of a party who has
signed it as drawer, acceptor, or indorser, a valid and unconditional de-R
livery by him is presumed until the contrary is proved.

Capacity and authority of parties.

22. (1.) Capacity to incur liability as a party to a bill is
co-extensive' capacity of
with capacity to contract. n parties.

Provided that nothing in this section shall enable a corporation to
make itself liable as drawer, acceptor, or indorser of a bill unless it is
competent to it so to do under the law for the tune being in force
relating
to corporations.

(2.) Where a bill is drawn or indorsed by an infant, minor, or
corporation having no capacity or power to incur liability on a bill, the
drawing or indorsement entitles the holder to receive payment of the bill,
and to enforce it against any other party thereto,

23. No person is liable as drawer, indorser, or acceptor of a bill who
,signat,'re

essential t6
liability.

has .not signed it as such: -Provided that

l.) Where a person signs a bill in a trade or assumed name, he is
liable thereon as if he had signed it in his own name

( 2. ) The signature of the name of a firm is equivalent to the signature
°b~ the person so signing of the names of all persons liable as partners
in
that firm.

4. Subject to the provisions of this Ordinance, where a sinnature
on a ,bill is fumed or placed thereon without the authority~of the person
whose sigmrture it purports to be, the forged or unauthorised signature
is wholly inolierative, and no right to retain the bill or to give a
discharge
therefor or to enforce payment thereof against any party thereto can be
acquired through or under that signature, uirless tire party against whom
it is sought to retain or enforce payment of the bill is precluded from
setting up tl;e forgery or want of authority.

Pruvidu<1 that vot hrng im this section shall affect the ratification of
an unauthorised signature not amounting to, a forgery.

Forged or
unauthorised
signature.
ORDINANCE No. 9 0ir 188:

.Bibs of Exchange.

Procuration
signatures.

11 25. A signature by procuration operates as notice that the agent
has but a limited authority to sign, and the principal is only bound by
such signature if the anent in so signing was acting within the actual
limits of his authority.

Person gig- 26. (1. ) Where a person signs a bill as drawer, indorser, or
acceptor,
wing as agent
or in repre- and adds, words to his signature, indicating that he signs
for or on behalf
sentative
capacity. of a principal, or in a representative character, he is not
personally liable
thereon; but the mere addition to his signature of words describing him
as an agent, or as filling a representative character, does not exempt him
from personal liability.

(2.) In determining whether a signature on a bill is that of the
principal or that of the agent by whose hand it is written, the
construction
most favourable to the validity of the instrument shall be adopted.

The consideration for a bill.

(a. ) Any consideration sufficient to support a simple contract ;

(b.) An antecedent debt or liability. Such a debt or liability
is deemed valuable consideration whether the bill is
payable on demand or at a future time.

Value and 27. (1. ) Valuable consideration for a bill may be constituted
by,---=
holder for
value.

( 2. ) Where value has at any time been given for a bill the holder
is deemed to,be a holder for value as regards the acceptor and all parties
to the bill who became parties prior to such tune.
(3.) Where the holder of a bill has a lien on it, arising either from
contract or by implication of law, he is deemed to be a holder for value
to the extent of the sum for which he has a lien.

.eeooramoaa- 28. (1.) An accommodation party to a bill is a person who has
~$ill or ~a signed a bill as drawer, acceptor, or indorser, without
receiving value
therefor, and for the purpose of lending his name to some other person.

( 2. ) An accommodation party is liable on the bill to a holder for

value; and it is immaterial whether, when.. such#holder took the bill, he
knew such party to be an accommodation party or not.
ORDINANCE No. 9 of 1885:

Bills of Pxchunge.

29.- (1.) A holder in due course is a holder who has taken a bill,
complete and regular on the face of it, under the following conditions ;
namely,

(a.) That he became the holder of it before it was overdue, and
without notice that it had been previously dishonoured,
if such was the fact

(b.) That he took the bill in goo:I faith and for value, and that
at the time the bill vas negotiated. to him he had no
notice of any defect in the title of the person who
negotiated it.

(2.) In particular the title of a person who negotiates a bill is
defective within the meaning of this Ordinance when he obtained the
bill, or the acceptance thereof, by fraud, duress, or force and fear, or
other
unlawful means, or for an illegal consideration, or when he negotiates it
in breach of faith, or under such circumstances as amount to a fraud.

(3.) A holder (whether for value or not), who derives his title to a
bill through a holder in due course, and who is not himself a party to
any fraud or illegality affectin& it, h4,s all the rights of that holder
in due
course as regards the acceptor and all parties to the bill prior to that
holder.

30. (1.) Every party whose signature appears on a bill is prima
,facie deemed to have become a party thereto for value.

(2.) Every holder of a bill is prima faccie deemed to be a holder in
due course;, but if in an action on a bill it is admitted or proved that
the
acceptance, issue, or subsequent negotiation of the bill is affected with
fraud, duress, or force and fear, or illegality, the burden of proof is
shifted,
unless and until the holder proves that, subsequent to the alleged fraud
or illegality, value has in good faith been given for the bill..

Negotiation of bills.

Holcler in due
course.

Presumption,
of value and
good faith.

31. (1. ) A bill is negotiated when it is transferred from one person
Negotiatiou,
to another in such a manner as to constitute the transferee the holder of
°f bill.
the bill.

(2. ) A bill payable to bearer is negotiated by delivery.

(3.) A bill payable to order is negotiated by the indorsement of the
holder completed by delivery.
ORDINANCE-,- No. 9= o~ 1885.

Bills s -.of Exehang&

(4.). Where the holder of a bill payable to his order transfers it for
value without endorsing it, the transfer gives the transferee such title
as
the transferor hail in the bill, and the transferee in addition acquires
the
right to have the indor5ement of the transferor. `

aWhere ) where any person is under obligation to endorse a bill in a
representative capacity, he may endorse the bill in such terms as to
negative personal liability.
Reqnisites of 3,2, An endorsement in order to operate as a negotiation must
valid
inaaxsemmt. comply with the following conditions, namely:-
(L) It must be written on the bill itself and be signed by the endorser.
The simple signature of the endorser on the bill, without additional
words,
is sufficient:

An endorsement written on an allonge, or an a 'copy' of a bill
issued or negotiated in a country where 'copies' are recognised is
deemed to be written on the bill itself.

`(2..) It nmst be au indorsernent of the entire bill. A partial
endorsement, that is to say, an endorsement which purports to transfer to
the iridorsee a part only of the amount payable, or which purports to
transfer the bill to two or more endorsees severally, does not operate as
u negotiation of the bill.

( 3. ) Where a bill is pay7ble to the order of two or more payees or
endorsees who are not partners all must endorse, unless the one endorsing
r
has authority to endorse for the others.

4. ) Where, in 'a bill payable to order; the payee or endorsee is
wrong-'y designated, or ,his name is mis-spelt, he may endorse the bill as
therein described, adding, if he think fit, his proper signature.

n
(5.) Wliere there are two or more ~indorsements on a bill, each
endorsement is deemed to have been made in the order in which it appears
on the bill, until the contrary is larovO.

(6. ) An indorsemc3nt may be made in blank or special. It may also
contain terms making it restrictive.

Conditional `u'3. Where a bill purrorts to be endorsed conditionally the
condition
'`la°rgeru°nt: may be disregarded by the payer,, and payment to the
endorsee is valid
whether the condition has been fulfilled or not.
ORDINANCE No. 9 of 1885.

Bills of .Exchange.

34. (1.) An indorsement in blank specifies no indorsee, and a bill
so indorsed becomes payable to bearer.

(2.) A special indorsement specifies the person to whom, or to whose
order, the bill is to be payable.

(3.) The provisions of this Ordinance relating to a payee apply with
the necessary modifications to an indorsee under a special indorsement.

(4.) When a bill has been indorsed in blank, any holder may convert
the blank indorsement into a special indorsement by writing above the
indorser's signature a direction to pay the bill to or to the order of
himself or some other person.

35. (1.) An indorsement is restrictive which: prohibits the further.
iudarsemen nesttietive
t.
negotiation of the 'bill or wbich expresses that it is a mere authority to
deal with the bill as thereby directed and not a transfer of the ownership
thereof, as, for example, if a bill be indorsed ' Pay D. only,' or ' Pay
D.
for the account of Y.,' or ' Pay D., or order for collection.'
(2.) A restrictive indorsement gives the indorsee the rigbt to receive
payment of the bill and to cue any party thereto that his indorser could
have sued, but gives him no power to transfer his rights as indorsee
unless it expressly authorise him to do so. y

(3.) 'Tbere a restrictive indorsement authorises further transfer,
all subsequent indorsees take the bill, with the same rights and subject
to
the wine liabilities as the first indorsee under the restrictive
indorsement.

'' 36. (1.) ''Nhere a bill is negotiable in its origin it continues to be
Negotintiot)
of overdue car
negotiable until it has been (a) restrictively indorsed or (b) discharged
dishonoured
by payment or otherwise. bill.

1
(2.) Where an overdue bill is negotiated, it can only ~be negotiated
subject to any defect of title affecting it at its maturity, and
thenceforward.
no person whib takes it can acqu,*re or give a better title than that
which
the person from whom he took it had.

(3.) A bill payable' on demand is deemed to be overdue within the
meaning and for the purposes, of this section, when it appears on the face
of it to have been in circulation for an unreasonable length of time.
What is an unreasonable length of time for this purpose is a question of
fact.

lnaoisenctettt
in blank and
special
itldorement.
864

ORDINANCE No. 9 of 1885.

Bills of Exchange.

(4.) Except where an indorsemcnt b3ars date after the maturity of
the bill, every negotiation is prirni facie deemed to have been effected
before the bill was overdue.

(5.) Where a bill which is not overdue has been dishonoured any
person who takes it with notice of the dishonour takes it subject to any
defect of title attaching thereto at the time of dishonour, but nothing in
this sub-section shall affect the rights of a holder in due course.

zeotation 3'l. Where a bill is negotiated back to the drawer, or to a prior
~~ ~u to

party, already indorser or to the acceptor, such party may, subject to the
provisions of
liablethereon. this Ordinance, re-issue and, further negotiate the bill,
but he is not
entitled to enforce payment of the bill against any intervening party to
whom he was previously liable.

Rlghte of the 38. The rights and powers of the, holder of a bill are as
follows
holster.
(1.) He may sue on the bill in his own name
(2.) Where he is a holder in due course, he holds the bill free from
any defect of title of prior parties, as well as from mere personal
defences
available to prior parties among themselves, and may enforce payment
against all parties liable on the bill
(3.) Where his title is defective (a) if he negotiates the bill to a
holder in due course, that holder obtains a good and complete title to the
bill, and (b) if he obtains payment of the bill the person who pays him
in due course gets a valid discharge for the bill.

General ditties of the holder°.

When pre. 39. (1:) Where a bill is payable after sight, presentment for
accept-
sentment for
.acceptance is ance is necessary in order to fix the maturity of the
instrument.
A
( L. ) Where a bill expressly stipulates that it shall be presented for
acceptance, or where a bill is drawn payable elsewhere than at the resi-
dence or place of business of the drawee it must be presented for accept-
ance before it can be presented for payment.
(3.) In no other case is presentment for acceptance necessary in
order to render liable any party to the bill.
(4.) Where the holder of a bill, drawn payable elsewhere than -at
the place of business or residence of the drawee, has not time, with the
exercise of reasonable diligence, to present the bill for acceptance
before
ORDINANCE 1\'o. 9 of 1885.

Bills of Exchange.

presenting it for payment on the day that it falls. due, the delay caused
by presenting the bill for acceptance before presenting it for payment is
excused, and does not discharge the drawer and indorsers.

40. (i.) Subject to the provisions of this Ordinance, when a bill
payable after sight is negotiated, the holder must either present it for
acceptance or negotiate it within a reasonable, time.

(2.) If he do not do so, the drawer and all indorsers prior .to that
holder are discharged.

( 3. ) In determining what is a~ reasonable time within the meaning
of this section, regard shall be had to the nature of the bill, the usage
of
trade with respect to similar bills, and the facts of the particular case.

41. (1.) A bill is duly presented for acceptance which is presented
in accordance with the following rules

(a.) The presentment must be made by or on behalf of the
holder to the drawee or to some person authorised to
accept or refuse acceptance on his behalf at a reasonable
hour on a business day and before the bill is overdue

(b.) Where a bill is addressed to two or more drawees, who
are not partners, presentment must be made to them all,
unless one has authority to accept for all, then present-
ment may be made to him only

(c.) Where the drawee is dead, presentment may be made to
his personal representative

(d.) Where the drawee is bankrupt, presentment may be made
to him or to his trustee or assignee.

14 (e.) Where authorised by agreement or usage, a presentment

through the Post Office is sufficient.

(2.) Prc-centment in accordance with these rules is excused, and
-a bill may be treated as dishonou-Aed by non-acceptance--

(a.) Where the drawee is dead or bankrupt, or is a fictitious
person or a person not having ,capacity to contract by
bill : °'

(b.) Where, after the exercise of a reasonable diligence, such
presentment cannot be effected

Time fur pre.
eenting hilt '
payable Mter

Rules <z, to
presentment
for accept-
ance, and
excuses for,
non-prese1it,-
1ncnt.
ORDINANCE No'. 1.4 ~or,1885.

Bills of R~change.

(c.) Where although the presentment has been irregular,
acceptance has been refused on some other ground.

( 3. ) The fact that the holder has reason to believe that the bill, on
presentment, krill be dishonoured does not excuse presentment.

-Non-accept- 42. (1.) When a bill is duly presented for acceptance and is
riot
ance' accepted within the customary time, the person presenting it must
treat
it as dishonoured by non-acceptance. If he do not, the holder shall lose
his right of recourse against the drawer and indorsers.

MxlonQUr by 43. (1. ) A bill is dishonoured by non-acceptance nonaccept-
ance and its
consequences.

Mules as to
presentment
fox payment.

(a.) When it is duly presented for acceptance, and such an
acceptance as is prescribed by this Ordinance is refused
or cannot be obtained; or

(b.) When presentment for acceptance is excused and the bill
is not accepted.

(2.) Subject to the provisions of this Ordinance when a bill is.
dishonoured by non-acceNtance, an immediate right of recourse against
the drvwer and indorsers accrues to the holder, and no presentment for
payment is necessary.

Duties asto 44.~ ( l,.) The holder of a bill may refuse to take a
qualified accept-

~~d

accante, and if he does nut obtain an unqualified acceptance may treat the
bill as dishonoured by non -acceptance.

(2.) Where a qualified.acceptance is taken, and the drawer or an
indorser has not expressly or impliedly authorised the holder to take. a.
qualified acceptance, or does not subsequently assent thereto, such drawer
or indouser is discharged from his liability on the bill.

. The provisions of this sub-section do not apply to a partial accept-
ance, whereof due notice has been given. Where a foreign bill has been.
accepted as to part, it must be protested as to the balance.

(.3. ) Wlien the drawer or indor^ser of a bill receives notice of a.
qualified acceptance, and does not within a reasonably tuna express his
dissent to the holder he shall be deemed to have assented thereto.

45. Subject to the provisions of this Ordinance a bill must be duly
presented for pay meilt. If it be not so presented the: drawer and
indocvera
shall be discharged.
ORDINANCE

. . Abill: is duly, presented for;payinent whichis presented in accordance
with the following rules :---

(1.) Where the bill is not - payable on demand, presentment
must be made on the day it falls due.

(2.) Where the bill is payable on demand, then, subject to the
provisions of this Ordinance, presentment must be made
within a reasonable time after its issue in order to render
the drawer liable, and within a reasonable time after its
indorsement, in order to render the' indorser liable.

In determining what is a reasonable time, regard shall be had
to the nature of the bill, the usage of trade with regard,
to similar bills, and the facts of the particular case.

( 3.) Presentment must be, made by the holder or by some
person authorised to receive payment on his behalf at a
reasonable hour on a business day, at the proper place
as hereinafter defined, either to the person designated
by the bill as payer, or to some person authorised to
pay or refuse payment on his behalf if with the exercise
. of reasonable diligence such person can there be found.

( 4. ) A bill is presented at the proper place:-

(a.) Where a place of payment is specified in. the bill
and the bill is there presented.

(b. ) `here no place of payment is specified, but the
address of the drawee or acceptor is given in the
bill,` and the bill is there presented.

(c. ) Where no, place of payment is specified and no
address given, and the bill is presented, at the
drawee's or acceptor's place of busingss if kriown,
and if not, at his ordinary residence i£ known.

( d: ) In any other case if presented to the drawee or
14
acceptor wherever he can be found, or if presented
at his last known place of business or residence.

( 5. ) Where a bill is presented at the proper place, and after
the exercise of reasonable diligence no person authorised
to pay or. refuse payment can be found there, no further
presentment to the drawee -or acceptor is required.
ORDINANCE N-0.4-o'k,'1995.,

Bills. of Exchange.

Where -a bill is drawn upon, or accepted~ by two or more
persons who are not partners, and no place of payment
is, specified, presentment must be made to them all.
Where the drawee or acceptor. of a bill is dead, and no
place of payment is specified, presentment must be made
to a personal' representative, if such there be, and with
the exercise of reasonable diligence he can be found. -
( $. ) Where authorised by agreement or usage a presentment
through the Post Office is sufficient.

Excuses f°r 48. (1.) Delay in making presentment for payment is excused
delay or non-
nresentment when. the delay is caused by circumstances beyond the control
of the
nor payment' holder, and not imputable to his default, misconduct, or
negligence.
When the cause of delay ceases to operate, presentment must be made
with reasonable diligence.
(2.) Presentment for payment is dispensed with
(a.) Where, after the exercise of reasonable diligence present-
ment, as required by this Ordinance, cannot be effected.
The fact that the holder has reason to. believe that the bill will,
on presentment; be dishonoured,` does not dispense with
the necessity for presentment.

' ( b. ) Where the drawee is a fictitious person.
(c.) As regards the drawer, where the drawee or acceptor is
r not bound, ,~s between himself and the drawer, to accept
. or pay the bill, and the drawer has no reason to believe
that the bill would be paid if presented.

( d. ) As regards an endorser, where the bill ..was accepted or
made for the accommodation of that endorser, aid he
has no reason to expect that the bill would be paid if
presented. -
( e. ) By waiver of presentment, express . or implied.

Dibhon°u,~ by 4'l. (1.) A bill is dishonoured by non-payment (a) when it
is dilly
rlou.papnEnt. presented for payment and payment is refused or cannot be
obtained, or
(b) when presentment is excused and the bill is overdue and unpaid.
(2.) Subject to the provisions of this Ordinance, when a bill is
dishonoured by non-payment, an immediate right of recourse against the
drawer and endorsers accrues to the holder.
ORDINANCE No,: 9 of 1885:

,Bills of ..Exchange.

48. Subject to the provisions of this Ordinance, when a bill has Notice

beeen dishonoured by non-acceptance or by non-payment, notice of
dishonour must, be given to the drawer and each indorser, and any, drawer
or indorser to whom such notice is not given is discharged ; Provided
that--

(1. ) Where a bill is dishonoured by non-acceptance, and notice
of dishonour is not ,given, the rights of .a-holder in due
course subsequent to the omission shall not be prejudiced
by the omission.

(2.) Where a bill is dishonoured by non-acceptance and due
notice of dishonour is given, it shall not be necessary to
give notice of a subsequent dishonour by non-payment
unless the bill shall in the meantime have been accepted.

49. Notice of dishonour in order to be valid and effectual must be
given in accordance with the following rules :-

(1.) The notice must be given by or on behalf of the holder,
or by or on behalf of an indorser who, at the time of
giving it, is himself liable on the bill.

(2.) Notice of dishonour may be given by ,an agent either in
his own name, or in the name of any party entitled to
give notice, whether that party be his principal or not.

(3.) Where the notice is given by or on behalf of the holder,. it
enures for the benefit of all subsequent holders and all
prior indorsers who have a right of recourse against the
party to whom it is given.

(4.) Where notice is given by or on behalf of an indorser entitled
to give notice as herein-before provided, it enures for
the benefit of the holder and all indorsera subsequent to
the party to whom notice is given.

(5.) `The notice may be given in writing or by personal
communication, and may be given in any terms which
sufficiently identify the bill; and intimate that the bill
has been dishonoured by non-acceptance or non-payment.

(6.) The return of a dishonoured bill to the drawer or an .
_ . indorser_is, in point of form, deemed a sufficient notice
of dishonour..

dishonour and
effect of non-
notice.

Rules as to
notice of
dishonour.
OrDIf E1NCB:N~ci: L 9.: oF_ ~tS

,Bills of 'Pxcla'9M'#'e.

( f:) A written notice need n6t ~ be signed, and ° an inshffzcient
written notice may be supplemented and validated by
verbal communication. A misdescription of the bill
shall not vitiate the notice unless the party to whom
the notice is given is in fact misled thereby.

$. ) Where notice of dishonour is required to be given to any
person, it may be given either to the party himself, or

to his agent in that behalf.

( 9.) Where the drawer or indorser is dead; and the party giving
notice knows it, the notice must be given to a personal
representative if such there be, and with the exercise of
reasonable diligence he can be found.

(10. ) Where the drawer or indorser is bankrupt, notice may bye
given either to the, party himself or to the trustee or
assignee.

(11. ) Where there are two or more drawers or indorsers who
are not partners, notice must be given to each of them,
unless one of them has authority to receive such notice
for the others.

(12.) The notice may be given as soon as the bill is dishonoured
and must be given within a reasonable time thereafter.

In the absence of special circumstances notice is not deemed to

have been given within a reasonable time, unless-

(a.) Where the person . giving :end the person to receive
notice reside in the same place, the notice is given
or sent off in time to reach the latter on the day
after the dishonour of the bill.

( b.) Where the person giving and the person to receive

. notice reside in different places, the notice is sent

ofl-°: on the day after ; the dishonour of the bill, if
there be a,post at a convenient hour on that day,

. and. if there be no such post on that day then by

the next post thereafter.

1 3.) Where a bill when dishonoured is .in ;the; hands of an agent,
he may either himself give.-notice, to the parties liable on
ORDINANCR :\T:o. . 9 'OF 1885.

.Bills of :Exchan~e.

the bill, or he may give notice to his principal. If he
give notice to his principal, he must do so within the
same tine as if he were the holder, and the principal
upon receipt of such notice has himself the same time
for giving notice as if the agent had been an independent
holder..

(14.) Where a party to a bill receives due notice of dishonour,
he has after the receipt of such notice the same period of
time for giving notice to antecedent parties that the
holder has after the dishonour.

(15.) Where a notice of dishonour is duly addressed and posted,
the sender is deemed to have given due notice of dis-
honour, notwithstanding any miscarriage by the Post
Once.

60. (1.) Delay in giving, notice of dishonour is excused where the
L.:~:«5e» for
delay is caused by circumstances beyond the control of the party giving
and delay.

notice, and not imputable to his . default, misconduct, or negligence.
''hen the cause of delay ceases to operate the notice must be given with
reasonable diligence.

( 2. ) Notice of dishonour is dispensed with--

(a.) When, after the exercise of reasonable diligence, notice as
required by this Ordinance cannot be given to or does
not reach the drawer or indorser sought to be charged;

(b.) By waiver express or implied. Notice of dishonour maybe
waived before the time of giving notice has arrived, or
after the omission to give due notice

(c. ). As regards the drawer in the following cases, namely, (1)
where drawer and drawee are the same person, ( 2 ) where
the drawee is a fictitious person or a person not having
capacity to contract, (3) where the drawer is the person
to whom the bill is presented for payment, (4) where
the drawee or acceptor is as between -himself and the
drawer under no obligation to accept or pay the bill, (5,)
where the drawer has countermanded payment
ORDINANCE No.: 9 :o~ 1385.

Bills of..Exchange.

(d.) As regards the indorser in, the :following cases, namely,
(1) where the drawee is a fictitious person or a person
not having capacity to contract and the indorser was
aware of the fact at the time, he indorsed the bill, (2)
where the. indorser. is the person to whom the bill is
presented for payment, (3) where the bill was accepted
or made for his accommodation.

otin ~I 'r'~1. (1.) Where an inland bill has been dishonoured it may, if
the
prbtet. n bill., holder think fit, be noted for non-acceptance or
non-payment, as the case
may be; but it shall not be necessary to note or protest any such bill in
order to preserve the recourse against the drawer or indorser.

( 2. ) Where a foreign bill, appearing on the face of it to be such, has
been dishonoured by non-acceptance it must be duly protested for non-
acceptance, and where such a bill, which has not been previously dis-
honoured by non-acceptance, is dishonoured by non-payment it must be
duly protested for non-payment. If it be not so, protested the drawer
and indorsers are discharged. Where a bill does not appear on the face
of it to be a foreign bill, protest thereof in case of dishonouris
unnecessary.

(3:) A bill which, has been protested for non-acceptance may, be
subsequently protested for icon-payment.
.
(4.) Subject to the provisions of this Ordinance, when a; bill is noted
or protested, it must be noted on the day of its dishonour. When a bill
has been duly noted, the protest may be subsequently extended as of the
date of the noting.

(5.) Where the acceptor of a bill becomes bankrupt or insolvent or
suspends payment before it matures, the holder may cause the bill to be

protested for better security against the drawer and indorsers. '(6.) A
bill must be, protested at the place where it is dishonoured
Provided that--

(a.) When a bill is presented through the Post Office, and
returned by post dishonoured, it may be protested at
the place, to which it is returned and on the day of its
return if.received during business _ hours, and if not
received during business, hours, then not later than the
Y next business day:,
. ..
ORDINA;\TCF 'N0. 9 0F'18v,5.

.Bills'of Exchange.

(b.) When a bill drawn .payable at the place ~ of business or
residence of some person other than the drawee- bas been
dishonoured by non-acceptance, it must be protested for
non-payment at rthe~place where it is expressed to be
payable, and no further presentment for payment to, of
demand on, the drawee is necessary. ,

( 7. ). A protest must contain a copy of the bill, and must be signed
by the notary making it, and must specify-

(a.) The person at whose mquest the bill is protested

( b. ) The place and date' of protest, the cause or reason for
. protesting the bill, the demand made, and the answer
given, if any, or 'the fact that the drawee or acceptor
could not be found.

( 8. ) Where a bill is lost or destroyed, or is wrongly detained from
the person entitled to hold it, protest may be made on a copy or written
particulars thereof..

(9.) Protest is dispensed with by .any circumstance which would
dispense with notice of dishonour. Delay in noting or protesting is
excused when the delay is caused by circumstances beyond the control
of the holder, and not imputable to his default, misconduct, or
negligence.
When the cause of delay ceases to operate the bill must be noted or
protested with reasonable diligence. ,~

,, 52, ( l . ) When a bill is accepted generally, presentment for pay-
ment is not necessary in order to render the acceptor liable.

( 2. ) When by the terms of a qualified acceptance, presentment for
payment is required, the acceptor, in the absence of an express
stipulation
to that effect, is not discharged by the omission to present the bill for
payment on the day that it matures.

( 3. ) In order to render the acceptor of a bill liable it is not
necessary
to protest it, or that notice of dishonour should be given to his .

,(4.) Where the holder of a bill presents it for payment, he shall
exhibit the bill to the person from whom he demands payment, and when
a, bill is paid the holder shall forth-with deliver it-up to the' party
paying
it.

197 IT - ,

Duties of
holder as
regards
drawee or
acceptor.
ORS:I;\IANCE

Bids-df, -4

Liabilities of pai?tie3: - .
Full& if) 53. A bill,' Of itself, does not operate.as an assignment of
funds in
bands of ara.wee. the hands of the draw- ee .

available for the pay cnentthel-eof; and the drawee
of a bill who does not accept its required by this Or.linance is not
liable

` on' the instrument.

r,i;~billty,of 54 The acceptor of a bill, by accepting it-

(1. ) Engages that he will pay it according to the tenor
of his acceptance

( 2. ) Is precluded from denying to a holder in due
course : .

(a.) The existence of the drawer, the genuineness of his signa-
ture, and his capacity and authority to draw the bill ;

(b. ) In the case of a bill payable to drawer's order, the then
capacity of the drawer to indorse, but not the genuine-
ness or validity of his endorsement ;

( c. ) In the case, of a bill payable to the order of a third
person,.the existence of the payee and his then
capacity to endorse, but not the.genuineness or
validity of his endorsement.

r,»~blihy of '~. ( I . ) The drawer of a bill by drawing it~
drawer or

fimloni;cr.

(a.) Engages that ota due presentment it shall be accepted and
paid according to its tenor, and that if it be dishonoured
he will compensate the holder or- any endorser who is
compelled to pay it, provided that the requisite proceedings

on dishonour be duly taken;

- (b. ) Is precluded from .denying to a 'bolder in due course. the
existence of the payee and his then capacity to endorse:

( 2. ) The indbrser of a bill by endorsing it--

(a.) Engages that on due presentment it shall be accepted and'
paid according . to its tenor, and that if it be dishonoured
he will compensate the holder or a subsequent endorser
«ho is compelled to pay it, provided that the requisite
proceedings on dishonour be duly taken ;
ORDINANCE No. 9 of 1885.

Bills of .Exchange.

(b. ) ' Is precluded from denying to a holder in due course the
genuineness and regularity in all respects of the drawer's
signature and all previous indorsements ;
(c.) Is precluded from denying to his immediate or a subsequent
indorsee that the bill was at the time of his indorsement
a valid and subsisting bill, and that he had then a good
title thereto.

56. Where a person signs a bill otherwise than as drawer or acceptor,
he thereby incurs the liabilities of an indorser to a holder in due
course.

w 57. Where a bill is dishonoured, the measure of damages, which
shall be deemed tQ be liquidated dan-iages, shall be as follows

(1.) The holder may recover from any party liable on the bill,
and the drawer who has been compelled to pay the bill
may recover from the acceptor, and an indorser who has
been compelled to pay the bill may recover, from the
acceptor or from the drawer, or from a prior indorser-

(a.) The amount of the bill

(b:) Interest thereon from the time of presentment for
payment if the bill is payable on demand, and
from the maturity of the bill in any other case

(c.) The expenses of notinn, or, when protest is neces-
sary, and the protest has been extended, . the
expenses of protest.

(2.) In the case of a bill which has been dishonoured abroad,
in lieu of the above damages, the holder may recover
from the drawer or an indorser, and the drawer or an
indorser who has been compelled to pay the bill may
recover from any party liable to him, the amount of the
~. -re=exchange with interest thereon until the time of
payment. .,
(3.) Where by this Ordinance interest may be recovered as
damages, sfich. interest may, if justice require it, be
withheld wholly or in part, and where a bill is expressed
to be payable with interest at a. given rate, interest as
damages m:ay or may not be given at the same rate as
interest proper.

1$76

stranger
signing bill
liable as
indorser.

Measure of
damages
against
parties to
dishonoured
bill.
ORDINANCE No. 9 of 1885.

Bills of Exchange.

Transf6rorby ~8. (I.) Where the holder of a bill payable to bearer
negotiates it
delivery and
t~a,risferee. ' by delivery without endorsing it, he is called a
'transferor by deli~ery.'
(2.) A transferor, by delivery is not liable on the instrument.
. (8. ) A transferor by delivery who negotiates a bill thereby warrants
to his immediate transferee, being a holder for value, that the bill is
what
it purports to be, that he has a right to transfer it, and that at the
time.
of transfer he is not aware of any fact which renders it valueless.
.Discharge of ' bill.

raymexxt zn ~'9. (1 ) A bill is discharged by payment in due course by or on
due course,
behalf of the drawee or acceptor. ,

'Payment in due course' means payment made at or after the
maturity of the bill to the holder thereof in good faith and without
notice
that his title to the bill is defectixle.

Subject to the provisions hereinafter contained, when a bill is
paid by the drawer or an endorser it is not discharged ; but

(a.) Where a bill payable to,' or to the order of, a third party
is paid by the drawer, the drawer may enforce payment
thereof against the acceptor, but may not re-issue the
bill.

(b.) Where a bill is paid by an indorser, or where a bill payable
to drawer's order is paid by the drawer; the party
paying it is' remitted to his former rights as regards the
acceptor or antecedent parties, and he may, if he thinks
. fit, strike out his own and subsequent endorsements;
and again negotiate the bill.

(3, ) Where an accommodation bill is paid in due course b~ the
party accommodated the bill is discharged.

Banker pay- 60. When a bill payable to order bn demand is drawn on a,
banker,
aia~weofhn and the banker on whom it is drawn.pays the bill in good,
faith and in
711d01'SEriIeTI
is :epv;ged , the ordinary course of business, it is not incumbent on the
banker to
shown that the endorsement of the payee or any subsequent endorsement
vas made by or under the authority -of the person whose endorsement it
purports to be, and the banker is deemed to `have paid the bill in due
course, although such endorsement has been forged or made without
authority. '.
ORDINANCE \ o. 9 of 1985.

Bills of Exchange.

l8i r

61. When the acceptor of a bill is o `r becomes the holder of it at or
=or the
lioldes at
after its maturity, in his own right, the bill is discharged. maturity:

2. (1.) When the holder of a bill at or after its maturity abso- Express

~wiW r.
lutely and unconditionally renounces his rights against the acceptor the
bill is discharged.
The renunciation must be in writing, unless the bill is delivered up
to the acceptor.
(2.) The liabilities of any party to a bill may in like Manner be
renounced by the holder before, at, or after its maturity; but nothing in
this section shall affect the rights of ti holder in due course without
notice
of the: renunciation.

63. (1.) Where a bill is intentionally cancelled by the holder or
cancellation.
leis agent, and the cancellation is apparent thereon, the bill is
discharged.

(2.) In like manner any party liable on a bill may be discharged by
the intentional cancellation of his signature by the holder or his agent.
In such case any indorser who would have bad a, right of recourse against
the party whose signature is cancelled, is, also discharged.

(3.) A cancellation made unintentionally, or under a mistake, or.
without the authority of the holder is inoperative; but where a bill or
any signature thereon appears to have been cancelled the burden of proof
lies on the party who alleges that the cancellation was made uninten-
tionally, or under a mistake, or without authority.

64. (1.) Where a bill or acceptann is materially altered without
Alremtion of
the assent of all parties liable on the bill, the bill is avoided except
as bill.
against a party who has himself made, authorised, or assented to the
alteration, and subsequent indorsers. _
.Provided that,
Where a bill has been materially altered, but the alteration is
not apparent, and the bill is in the hands of a holder in
due course, such holder may avail himself of the bill as if it
w
bad not been altered, and inay enforce payment of it accord-
ing to its original tenour.

(2.) In particular the following alterations are material, namely, any
alteration of the date,- the sum payable, the time of payment, the place
of
payment, and;, where a bill has been accepted generally, the addition of
it
place of payment without the acceptor's assent.
,ORDINANCE No. 9 0F 1880'.

Bills of Exchange.

Acceptance
for honour
supria protest.

Acceptance and payment for honour.

(~3~. (1.) Where a bill' of exchange has been protested for dishonour
by non-acceptance, or protested for better security, and is not overdue,

any person, not being a party already liable thereon, may, with the con-
sent of the holder, intervene and accept the bill supra protest, for the
honour of any party liable thereon, or for the honour of the person for
whose account the bill is drawn.

(2.) A bill may be accepted for honour for part only of the sum for
which it is drawn.

(3.) .An acceptance for honour supra protest in order to be valid
must----

(a.) Be written on the bill, and indicate that it is an acceptance
for honour

(b.) Be signed by the acceptor for honour.

(4,) Where an acceptance for honour does not expressly state for
whose honour itis made, it is deemed to be an acceptance for the honour
of the drawer.

.) Where a bill payable after sight is accepted for honour, its
maturity is calculated from the date of the noting for non-acceptance, and
not from the date of the acceptance for honour.

Liability of 8E3. (1.) The acceptor for honour of a bill by accepting it
enuages
acceptor for ~a, that he will, on due presentment, pay the bill according
to the tenor of
his acceptance, if it is not paid by the drawee, provided it has been duly
presented for payment, and protested for non-payment, and that he r~-
ceives notice of these facts.

(2.) The acceptor for honour is liable to the holder and to all par-
ties to the bill subsequent to the party for whose honour he has accepted.

Presentment 67. (1.) Where a dishonoured bill has been.accepted for honour
supra
to acceptor
fox honour. protest, or contains a reference in case of need, it must b8
protested for
non-payment before it, is presented for payment to the., acceptor for
honour, or referee in case of need.
( 2. ) Where the address of the acceptor for honour is in the same
place where the bill is protested for non-payment,- the bill must be

Tsented to him not later than the day following it turity ; and, where

-e s ma
the address of the acceptor for honour is -in some place other than the
ORDINANCE. No. 9 ;op .1880'.

Bills of Exchange.

place where it was protested for. non-payment, the bill must be forwarded
not later than the day following its maturity for presentment to him.'
t .
(3.) Delay in presentment or non-presentment is excused by any
circumstance which would excuse delay in presentment for payment tar
non-presentment for payment.

(4.) When a bill of exchange is dishonoured by the acceptor for
honour it must be protested for non-payment by him.

6$. (1.) Where a bill has been protested . for non-payment, any
person may intervene and pay it supra' protest for the honour of any
party liable thereon, or for the honour of the person for whose account
the bill is drawn.

(2.) Where two or more persons offer to pay a bill for the honour
of different parties, the person whose payment will discharge most parties
to the bill shall have the preference. u

(3.) Payment for honour supra' protest, in order to operate as such
and not as a mere voluntary payment, must be attested by a notarial act
of honour which may be appended to the protest or form an extension
of it.

(4.) The notarial act of honour must be founded on a declaration
made by the payer for honour, or his agent in that behalf; declaring his
intention to pay the bill for honour, and for whose honour he pays.

(5.) Where a bill has been paid for honour, all parties, subsequent
to- the party for whose honour it, is paid are discharged, but the payer
for
honour is subrogated for, and succeeds to both the rights and duties of
the holder as regards the party for whose honour he pays, and all parties
liable'to that party. A

(6.) The payer for honour on paying to,the `holder the amount of
the bill and tllt-- notarial expenses incidental to its dishonour is
entitled
to receive both the bill itself and the protest. If the holder do not on
demand deliver them up he shall be liable to the payer for honour in
dama
17 ges.

(7.) Where the holder of a bill rEfuses to receive payment supra' protest
he shall lose his right of recourse against any party who would.
have been discharged by such payment.

I'HyIIIGtlt for
110IIUUr,c?tP~4
protest.
oRDm~INCL No: 9 oF mss.

Bills of Exchange.

Lost instruments. -
tr~,l~i~x.~n,:;~.t~ 69. ~Where a bill has been lost before it is overdue,
the person echo
t<r `ttit'z;car`
of lost bill'. was the holder of it may ap~lY to the drawer to give been
another bill of
1~ ., l
the same tenour, giving security to the dratver if required to indemnify
him against all persons whatever in case the bill aliened to have been
lost
shall be found again.
If the drawer on request as aforesaid refuses to dive such duplicate-
will, he may be compelled to do so.

ActO;i-f;;l lost 70. In any action or proceeding upon a bill, the Court or
a Judge

'bill. . ,` may, order that the loss of the instrument shall not be set
up, provided

an indemnity be given to the satisfaction of the Court or Judge against
the claims of any other person upon the instrument in question.

lt,lte~ ns, to
sots.

73111 in a set.

- 71. (I.) Where a-bill is drawn in a set, each part of the set being
numbered, and containing a reference to the other parts, the whole of the
parts constitute one bill. v

(2: ) Where the holder of a set endorses two or more ports to different
persons; he is liable on every such part, and every endorser subsequent
to hire is liable ~on the part, he has himself endorsed as if the said
parts
were separate bills.

(3.) Wloere two or more parts of a set are negotiated to different
holders in due course, the holder whose title first accrues is as between
such holders deemed the true owner of the bill; but nothing in -this suub-
sectiony shall affect the rights of a person who in due course accepts or
pays the paft first presented to him.

(4.) The acceptance may be written on any part, 11nd- it must be.
written on one part only. y

If the drawee accepts more than one part and such accepted parts
get into the hands of different holders~in due course, he is liable on
every
such part as if it were a separate bill.

(5.) When the acceptor of a bill drawn in a set pays it without
reqrairmg the part bearing his acceptance to be delivered up to him, and
that part at maturity is outstanclina is the hands of a holder in due
con<rse, he its liable to the holder thereof.
ORDI\'AN CE No. 9 of 1885.

Bills of Exchange.

(6.) Subject to the preceding rules, where any one part of a bill
drawn in a set is discharged by payment or otherwise, the whole bill is
discharged.

Conflict of laws.

1881

72. Where a bill drawn in one country is negotiated, accepted, or r.llles
where
l.;iw. a«xltlict.
payable in another, the riuhts, duties, and liabilities of the parties
thereto
are determined as follows

(1. ) The validity of'a bill as regards requisites in form is determined
by the law of the place of issue, and the validity as regards requisites
in
form of the supervening contracts, such as acceptance; or indorsernent, or
acceptance supra protest, is determined by the law of the place where .
such contract was made.
.
Provided that-
(a.) Where a bill is issued out of this Colony it is not invalid
by reason only that it is not stamped ire accordance with
the law of the place of.issue

(h.) Where a bill, issued out of t1jis 'Colony, conforms, as regards
requisites in form, to the law of this ColQny, it may, for
the purpose of enforcing payment thereof, be treated as
valid as between all persons who negotiate, hold, or
become parties to it in this Colony.

(2.) Subject to the provisions of this Ordinance, the interpretation
of the drawing, indorseinent, acceptance, or acceptance supra protest of
a.
bill, is determined by the law of the place where such contract is made.
10 Provided that where an inland bill is indorsed in ~a foreign country
the indorsement shall as regards the payer be interpreted according to the
law of this Colony. .
( 3. ) The duties of the holder with respect to presentment for accept-
ance or payment and the necessity for or sufficiency of a protest or
notice
of dishonour, or otherwise, are determined by the law of the place where
the act is done or the bill is dishonoured.

(4.) Where a -bill is drawn out of but payable in this Colony and
the sum payable is not expressed in the currency of this Colony, the
amount shall, in the absence of some express stipulation, be calculated
according to the rate of ekchanae for sight drafts at the place of payment
on the day the bill is payable. ,..
Cheque cleft-,

demand.

ORDINANCE No. 9 of I88-5.

Billy of Exchange.

(5.) Where a bill is drawn in one country and is payable in another,
the due date thereof is determined according to the law of the place
where it is payable.

PART III.

CHEQUES ON A BANKER.

73. A cheque is a bill of exchange drawn on a banl~er payable on

Except as otherwise provided in this part, the provisions of this
Ordinance applicable to a bill of exchange payable on demand apply to a
cheque. r.

74. Subject to the provisions of this Ordinance-

Where a cheque is. not presented for payment within a
reasonable time of its issue, and the drawer or the person
on whose account it is drawn had the right at the time
of such presentment as between. him and the banker to
have the cheque paid and suffers actual damage through
the delay, he is discharged to the extent. of such damage,
that is to say, to the extent to which such drawer or
person is o creditor of such banker to a larger amount
than he would have been had such cheque been paid.

(l.) In determining what is a reasonable time regard shall te
had to the nature of the instrument, the usage of trade
and of bankers, !tnd the facts of the particular case.

(3.) The bolder' of such cheque as to which -such drawer or
person is discharged shall be a creditor, in Lieu of such
drawer or person', of, such banker ,to .the extent of such
dischar;;e and entitled to recover the amount from him.

~oocat;on pf 75. The dLity and authority of a banker to pay a cheque drawn
on
bFL11,6G''S-AU»
~h~t~. him by his customer are determined by--

(1. ) Countermand of payment
(,2.) Notice of the czistomer's death.
ORDINANCE No. 9 OF 1885.

Bills of Exchange.

Crossed Cheques.

. (1.) Where a cheque bears across its face an addition of--

(a.) The words ' and company ' or- any abbreviation thereof
between two parallel transverse lines, either with or
without the words 'not negotiable ; ' or

(b.) Two parallel transverse lines simply, either with or with-
out the words 'not negotiable;'
that addition constitutes a crossing, and the cheque is crossed generally.

(2.) Where a cheque bears across its face tan addition of the name
of a banker, either with or without the words 'not negotiable,' that
addition constitutes a: crossl.nff, and the cheque is crossed specially
and to
that banker.

77. (1.) A cheque may be crossed generally or specially by the crossing
v3.

drawer or
drawer. after issue.

(2.) Where a cheque is uncrossed, the holder may cross it generally
or specially.
(3.) Where a cheque is crossed generally the holder play cross it
specially.
(4 ) Where a cheque is crossed generally or specially, the holder
rnay add the words ' not negotiable.'
(5.) Where a cheque is crossed specially, the. banker to whom it is
crossed may again cross it specially to another banker for collection.
(6.) Where - an uncrossed cheque, or a cheque crossed generally, is
sent to a banker for collection, he may cross it specially to himself.

78. A crossing authorised by this Ordinance is a material part of
crossing a
the cheque,; it shall not be lawful for any person to obliterate or
except material part
5 p of cheque.
as authorised by this Ordinance, to add to or alter the crossing.

79. (1.) Where a cheque is crossed specially to inure than one Duties
banker except when crossed to an anent for collection being a banker, the
banker a5 to-
CD crossed

banker on whom it is drawn shall refuse payment thereof.

(2.) Where the banker on Nv hom a cheque is drawn which is so
crossed nevertheless pays the sane, , or pays a cheque crossed generally.
otherwise than to a banker, or if crossed specially otherwise than to the
baker to whom it is crossed, or his agent for collection being a -banker,
he is liable to the true owner of the cheque for any loss he may sustain
owing to the cheque having been so paid.

General and
special cross-
ings defined.

as83~

cheques.
prOtf:Ct1011 td

haztker.and
drawer where
cheque is
vromecl.

aRnINA ~'CE No. 9 of 1885.

Bills -of Exchange.

Provided that where a cheque is presented for payment which does
not -at the time of presentment appear to be crossed, or to have had a
crossing which has been obliterated, or to have been added to or altered
otherwise than as authorised by this Ordinance, the banker baying the
cheque in good faith and-without negligence shall not be responsible or
incur any liability, nor shall the payment be questioned by reason.of the
cheque having been crossed, or of the crossing ~ having been obliterated
or
having been added to ot altered otherwise than as authorised by this
Ordinance, and of payment having been made otherwise than to a banker
or to the banker to whom the cheque is or was crossed, or to his agent
for collection being a banker, as the case maybe.
$0. Where the banker, on whom a crossed cheque is drawn, in.
food faith and without, negligence pays it, if crossed generally, to a
ban-
ker, and if crossed specially, to the banker to whom it is crossed, or his
anent for collection being a banker, the banker paying the cheque, and,
~if
the cheque has come into the hands of the payee, the drawer, shall res-
pectively be entitled to the same rights and be placed in the same posi-
tion as if payment of tl:e cheque had been made to the true owner
thereof.

H ffeet of $1. Where a person takes a crossed cheque ~~hich bears on it
the.
hcrossing words 'not negotiable,' he shall not have and shall not be
capable of
giving a better title to the cheque than that which the person from whom
he took it had.

Protection to v $2. Where a banker ,fin good faith and without negligence
receives

collecting
banker. payment for a customer of a cheque crossed generally or specially
to
hirriself, and the customer has no title or a defective title thereto, the
banker shall not incur any liability to the true owner of the cheque.by

reason only of having received such payment.

PARE IV.

PROMISSORY NOTES.

Pl~omissoly ~ $3, (1.) A promissory note is an unconditional promise in
writing
note, defined.
a made by one person to another signed by the maker; engaging to pay, on
demand or at a fixed or determinable future time, a sum certain in mo-
g xtey, to, or to the order of, a specified person or to bearer.
ORDINANCE No. 9 of 1885.

Bills of Exchange. .

(Z.) An instrument in the form of a note payable to maker's order
is not a note within the meaning of this section unless and until it is
in-
dorsed by the maker.

(3.) A note is not invalid by reason only that it contains also a
pledge of collateral security with authority to sell or dispose thereof.

(4.) A note which is, or on the face of it purports to be, both made
and payable within this Colony is au inland note. Any other note is a
foreign note.

84. A promissory note is inchoate and incomplete until delivery ,
]Delivery
thereof to the payee or bearer. neee,sary.

$~. (1.) A promissory note may be made by two or more makers, JoWtaud
and they may be liable thereon jointly, or jointly and severally
according ,e°~s~n'res.
to its tenour. .

(2.) Where a note runs ` I. promise to pay' and is signed by two
or more persons it is deemed to be their joint and several note.

88. (1.) Where a note payable on demand has been indorsed, it
must be presented for payment within a reasonable time of the indorsement.
If it be not so presented the indorser is discharged. .

(2.) In determining what is a reasonable time, regard shall ba had
to the nature of the instrument, the usage, of trade, anti the facts of
the
particular case.

A
(3.) - Where a note payable on demand'is negotiated, it is not deemed
to be overdue, for the purpose of affecting the holder with defects of
title
of which he had no notice, by reason that it appears that a reasonable
time for presenting it for payment has elapsed since its issue.

87. (1.) Where a promissory, note is in the body of it made payable
Presentment
at a particular ]place, it must be presented for payment at that place in
of note .far
Payment.
order to render the maker liable. , In any other case, presentment for
payment is not necessary in order to render the maker liable. s

f
(2.) Presentment for payment is necessary in order to render the
indorser of a note liable.

-. (3:) Where a note is in the body- of it- made payable at a particular
place, pre4entment at that place is necessary- in order to render an
indorser

Nlote payable
on aemaua.
ORI)INAV'U~ No. _ 9 :~ov DIM..

Bills of Excleongei .N

liable; but when a place of payment is indicated by way of memorandum
only, presentment at that place is sufficient to render the indorser
liable,
but a presentment to the maker elsewhere, if sufficient in other respects,
shall also suffice.

Liability cd $$, The maker of a promissory note by making it-
maker.
(1. ) Engages that be will .pay it according to its tenour ;
(2.) Is precluded from denying to a holder in due course the
existence of the payee and his then capacity to indorse.

$$. (1.) Subject to the provisions in this part and, except as by

.

this section provided, the provisions of this Ordinance relating to bills
of
exchange apply, with the necessary modifications, to promissory notes.
(2.) In applying those provisions the maker of a note shall be deemed
to correspond with the acceptor of a bill, and the first indorser of a
note
shall be deemed to correspond with the drawer of an accepted bill payable
to drawer's order.

sary:

(3.) The following provisions as to bills do not apply to notes;
namely, provisions relating to--

(a.) Presentment far acceptance;

(b.) Acceptance; '
(c.) Acceptance supra` protest; '
(d.) Bills in a seta.

(4.) Where a foreign note is dishonoured, protest thereof is unneces-

PAST v:

01 SUPPLEMENTARY.

'-t9O. A throb is deemed to be done in good faith, zvithiA the meaning.
of this Ordinance, where it is in fact none lionestly, whether it is done
negligently or not.

$1. (1.) ''There, by this Ordinance, any instrument or writinb is _
required to be signed by any person, it is not necessary that he should
sign: it :with his. own hand, but it is sufficient. if his signature is
written

thereon. by, some other person ~b3Tor. under. his: .authority.
ORDINANCE No. 9 of 1885.

Bills of Exchange.

(2.) In the case of a corporation; where, by this Ordinance, any
instrument or writing is required to be signed, it is sufficient if the
instrument or writing -be sealed with the corporate seal.
But nothing in this section shall be construed as requiring the bill
or note 'of a corporation to be under seal..

92. Where, by this Ordinance, the tine limited for doing any act
or thing is less than three days, in reckoning time, non-business days are
excluded.
'Non-business days' for the purposes of this Ordinance ineans-
Sundays and public holidays and brink holidays within the
meaning of these terms as used in Ordinance 6 of 18(5.

93. For the purposes of this Ordinance, where a bill or note is When
noting ,-
required tc>
required to be protested within a specified time or before some further
protest.
proceediilg is taken, it is sufficient that the bill has been noted for
protest
before the expiration of the specified time or the taking of the
proceeding;
and. the formal protest may he atended at any time thereafter as of the .
date of the noting .

94. Where a dishonoured bill or note is authorised or required to
be protested, and the services of a notary cannot be obtained at theplace
where the bill is dishonoured, any householder or substantial resident of
the place may, in the presence of two witnesses, give a certificate,
signed
by them, attesting the dishonour of the bill, and the certificate shall in
all respects operate as if it were a formal protest of the bill.
The form given in the schedule to this Ordinance may be used with
necessary modifications, and if used shall be sufficient.

9,5. The provisions of this Ordinance as to crossed cheques shall
apply-to a warrant for payment of dividend.

Computs,tioa
of time.

96. Sec. 7 of Ordinance 13 of 1864 is hereby repealed.

Provided''that such repeal shall not affect anything done or cuff Bred,
or any right, title, or interest acquired or accrued before the commence-
ment of this Ordinance, or any legal proceeding or remedy in respect of
any such thing, right, title, or interest.

97. (1. ) the ~ rules in bankruptcy relating to bills of exchange,
promissory notes, and cheques, .shall continue to apply thereto notwith-
standing anything in this Ordinance contained. i

Protest when..
notary not
accessible.

Dividend
warrants may
be crossed.

Repeal.

Savings-
With other

ORDINANCE No; 9 OF 188.

Bills of .Exchange.

ordi~11aces (2.) The rules of common law including the law merchant, save
in
ucyt affected.
so far as they .-re inconsistent with the express provisions of this Ordi-
nance, shall continue to apply to bills of exchange, promissory notes, and
cheques. ,

(3.) Nothing in this Ordinance or in any repeal effected thereby
shall affect-
.

(a.) The provisions of the Stamp Ordinances, 1884, 1885, or
Ordinances amending the same or any lave or enactment
for the time beinb in force relating to the revenue

(h.) The provisions of the Companies' Ordinance, 1865, or
Ordinances amending it or any Ordinance relating to
joint stock banns or companies

(e.) The validity of any usage relating to dividend warrants,
or the indorsements thereof.

9$, Where any Ordinance, or document refers to any enactment
repealed by this Ordinance, the Ordinance or document shall be construed,
and shall operate; as if it referred to the corresponding provisions of
this
k- Ordinance.

S,CHEDUI,L.

Form of protest which may be used xahe~t the services of a -notary cannot
be obtained.

-Know all men that I, A.B. o£

at the request of
C.D., there being no notary public available, did on the
day of 1$8 at demand payment [or acceptance] of the bill
of ex-c4ange b`ereunder written, from E.F., to which demand be made
answer [state
answer, i£ any] whtre£ore I now, ire the preqenV of G,H. end T.K. do
protest the said
bill of exchange.

(Signed) A.B.
G.H.
J8.
Witnesses.

w ' :1.1~Y,B~-TVe bill itself should be annexed, or a copy of the bill
and all that is written
thereon should-bewnderwritteti.
1848
1849
1850
1851
Short title.
1852
Interpretation of terms.
Bill of exchange defined.
1853
Inland and foreign bills.
Effect where different parites to bill are the same person.
Address to drawee.
1854
Certainty required as to payee.
What bills are negotiable.
Sum payable.
1855
Bill payable on demand.
Bill payable at a future time.
Omission of date in bill payable after date.
Ante-dating and post-dating.
1856
Computation of time of payment.
Case of need.
Optional stipulations by drawer or indorser.
1857
Definition and requisites of acceptance.
Time for acceptance.
General and qulified acceptances.

1858
Inchoate instruments.
Delivery.
1859
Capacity of parties.
Signature essential to liability.
Forged or unauthorised signature.
1861
Procuration signatures.
Person signing as agent or in representative capacity.
Value and holder for value.
Accommodation bill or party.
1861
Holder in due course.
Presumption of value and good faith.
Negotiation of bill.
1862
Requisites of a valid indorsement.
Conditional indorsement.
1863
Indorsement in blanl and special indorsement.
Restrictive indorsement.
Negotiation of overdue or dishonoured bill.
1864
Negotiation of bill to party already liable thereon.
Rights of the holder.
When presentment for acceptance is necessary.
1865
Time for presenting bill payable after sight.
Rules as to presentment for acceptance, and excuses for non-presentment.
1866
Non-acceptance.
Dishonour by non-acceptance and its consequences.
Duties as to qualified acceptance.
Rules as to presentment for payment.
1867
1868
Excuses for delay or non-presentment for payment.
Dishonour by non-payment.
1869
Notice of dishonour and effect of non-notice.
Rules as to notice of dishonour.
1870
1871
Excuses for non-notice and delay.
1872
Noting or protest of bill.
1873
Duties of holder as regards drawee or acceptor.
1874
Funds in hands of drawee.
Liability of acceptor.
Liability of drawer or indorser.
1875
Stranger signing bill liable as indorser.
Measure of damages against parties to dishonoured bill.
1876
Transferor by delivery and transferee.
Payment in due course.
Banker paying demand draft whereon indorsement is forged.
1877
Acceptor the holder at maturity.
Express waiver.
Cancellation.
Alternation of bill.
1878
Acceptance for honour supra protest.
Liability of acceptor for honour.
Presentment to acceptor for honour.
1879
Payment for honour supra protest.
1880
Holder's right to duplicate of lost bill.
Action on lost bill.
Rules as to sets.
1881
Rules where laws conflict.
1882
Cheque defined.
Presentment of cheque for payment.
Revocation of banker's authority.
1883
General and special crossings defined.
Crossing by drawer or after issue.
Crossing a material part of cheque.
Duties of banker as to crossed cheques.
1884
Protection to banker and drawer where cheque is crossed.
Effect of crossing on holder.
Protection to collecting banker.
Promissory note defined.
1885
Delivery necessary.
Joint and serveral notes.
Note payable on demand.
Presentment of note for payment.
1886
Liability of maker.
Application of part II to notes.
Good faith
Signature.
1887
Computation of time.
When noting equivalent to protest.
Protest when notary not accessible.
Dividend warrants may be crossed.
Repeal.
Savings.
1888
Ordinaces not affected.
Construction with other Ordinance.

Abstract

1848
1849
1850
1851
Short title.
1852
Interpretation of terms.
Bill of exchange defined.
1853
Inland and foreign bills.
Effect where different parites to bill are the same person.
Address to drawee.
1854
Certainty required as to payee.
What bills are negotiable.
Sum payable.
1855
Bill payable on demand.
Bill payable at a future time.
Omission of date in bill payable after date.
Ante-dating and post-dating.
1856
Computation of time of payment.
Case of need.
Optional stipulations by drawer or indorser.
1857
Definition and requisites of acceptance.
Time for acceptance.
General and qulified acceptances.

1858
Inchoate instruments.
Delivery.
1859
Capacity of parties.
Signature essential to liability.
Forged or unauthorised signature.
1861
Procuration signatures.
Person signing as agent or in representative capacity.
Value and holder for value.
Accommodation bill or party.
1861
Holder in due course.
Presumption of value and good faith.
Negotiation of bill.
1862
Requisites of a valid indorsement.
Conditional indorsement.
1863
Indorsement in blanl and special indorsement.
Restrictive indorsement.
Negotiation of overdue or dishonoured bill.
1864
Negotiation of bill to party already liable thereon.
Rights of the holder.
When presentment for acceptance is necessary.
1865
Time for presenting bill payable after sight.
Rules as to presentment for acceptance, and excuses for non-presentment.
1866
Non-acceptance.
Dishonour by non-acceptance and its consequences.
Duties as to qualified acceptance.
Rules as to presentment for payment.
1867
1868
Excuses for delay or non-presentment for payment.
Dishonour by non-payment.
1869
Notice of dishonour and effect of non-notice.
Rules as to notice of dishonour.
1870
1871
Excuses for non-notice and delay.
1872
Noting or protest of bill.
1873
Duties of holder as regards drawee or acceptor.
1874
Funds in hands of drawee.
Liability of acceptor.
Liability of drawer or indorser.
1875
Stranger signing bill liable as indorser.
Measure of damages against parties to dishonoured bill.
1876
Transferor by delivery and transferee.
Payment in due course.
Banker paying demand draft whereon indorsement is forged.
1877
Acceptor the holder at maturity.
Express waiver.
Cancellation.
Alternation of bill.
1878
Acceptance for honour supra protest.
Liability of acceptor for honour.
Presentment to acceptor for honour.
1879
Payment for honour supra protest.
1880
Holder's right to duplicate of lost bill.
Action on lost bill.
Rules as to sets.
1881
Rules where laws conflict.
1882
Cheque defined.
Presentment of cheque for payment.
Revocation of banker's authority.
1883
General and special crossings defined.
Crossing by drawer or after issue.
Crossing a material part of cheque.
Duties of banker as to crossed cheques.
1884
Protection to banker and drawer where cheque is crossed.
Effect of crossing on holder.
Protection to collecting banker.
Promissory note defined.
1885
Delivery necessary.
Joint and serveral notes.
Note payable on demand.
Presentment of note for payment.
1886
Liability of maker.
Application of part II to notes.
Good faith
Signature.
1887
Computation of time.
When noting equivalent to protest.
Protest when notary not accessible.
Dividend warrants may be crossed.
Repeal.
Savings.
1888
Ordinaces not affected.
Construction with other Ordinance.

Identifier

https://oelawhk.lib.hku.hk/items/show/475

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 9 of 1885

Number of Pages

41
]]>
Mon, 22 Aug 2011 18:02:04 +0800
<![CDATA[WEIGHTS AND MEASURES ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/474

Title

WEIGHTS AND MEASURES ORDINANCE, 1885

Description

Weights and Measures.

No. 8 of 1885.

An Ordinance entitled The Weights and Measures Ordinance,
1885

[2nd March, 1885.]

Be it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as ~follows:--

~-~;, ~ The Governor shall cause to 'be deposited and safely kept in:
Weights a'`t the Colonial Treasury such weights anal measures of the
standards in

measures to be

`t, ~°~ited use in the United Kingdom and of such Chinese weights and
measures

in the '1`reasu- ~yo e~l~copies nna as are specified in the schedule to
this Ordinance, and the weights and
3 ~los ~~ ibe measures so deposited shall be the standard weights and measures of
this Colony.

ORDINANCE No. 8 of. 1885.

Weights and Measures.

The Governor shall cause to be made copies and models of the
several *ei6(rhts and measures so deposited, and such copies and model
shall be submitted to the Colonial Treasurer, who shall cause the same
to be, verified, -and, if approved, stamped, or marked in such manner as
the Colonial . Treasurer may from time to tine determine to shew that
the~same have been verified and approved. .
Copies and models after being so verified and approved shall be
deposited with the Police Magistrates, who shall keep the same for the
purposes of reference as hereinafter directed.
~~W.~ If any copies or ynodels deposittrd with a Police Magistrate are
lost,
destroyed, defaced or injured, they shall be replaced by others of the
same
weight or measure duly verified and approved.

~,. ,~, Any person wishing to compare any weight or measure with the
copy -or model deposited with alPolice,IMaaistrate shall be allowed access
to such copy or model for the purpose of making such comparison, at
reasonable times to be appointed by theLpolicelMagistrate in his
discretion.
.~i
The comparison shall be made in the Magistrate's presence, and the Ma-
gistrate, .on being satisfied that the weight or measure brought for com-
parison corresponds truly~to the copy or model, shall stamp or mark the
same in such manner as the Colonial Treasurer may from tune to time
determine to- shew that the same has been compared and approved.
~3`~ such person shall defray all expenses of conveying his weights and
measures to or from the Police Court, or shall deposit with the examiner
one dollar.if such weights and measures are on shore, or two dollars if
they are on board a ship in the harbour, to defray such expenses.

Magistrate to
verify weights
and measures.

^~ ,$, The Governor shall from time to time appoint proper persons to
Appointment

. of examiners.

be examiners of weights and measures, and may at -pleasure remove any
^
persons so appointed.

~ A. It shall be the duty of,examiners of weights and measures lo enter
Examiners
may seize
the business premises of any persons who se moods wei(Y t or audulent

-.:i~ . .. t.c .~ ~ tf ~eights nn( 1, ve-.
measure and'examine the weights and measures ound on such premises,
~Ieasur s.
and seize an of such weights or.measures as appear to be fraudulently
y a stamped or not to be ~.accordinb to or not to agree with the standard,
weights or measures of the Colony

o person shall buy e or sell or otherwise deal by.any weights or eah~ ngs
by ~
- other but ,
measures other than such as are according .to and agree with the
standard, standard
- ~ . weights and
weights and measures of the Colony.
Weights and Measures.

No -person: shall buy 6r, sell` or~ otherwise : deal=: by: any measure of
longth or by any steelyard:which is not made. conformably to the.-regu-
lations contained in the schedule of this Ordinance.

6. Any person who falsifies or wilfully injures any copies or mo-
dels of standard weights or measures deposited with a Police Maaistrate,
or buys or sells or otherwise deals by, or upon whose business premises
are found any weights or measures fraudulently stamped or marked or
not according to and agreeing with the standard weights and measures
of the Colony, or who obstructs any examiner of weights and measures
in the` discharge of his duty as such, Rhall be liable under this
Ordinance
oEsummary conviction before a Police Magistrate to a penalty not eX-
ceeding two hundred dollars for each offence, apart from and in addition
to any other penalty or liability to which such person may be subject ire,
respect, of such offence. All weights and measures duly seized by an
examiner of weights and nneasures~ Lender the provisions of this Ordinance

shall be forfeited to the Crown.
Weight's alla 7, .Nothiy in this Ordinance shall apply to the buying or
selling
oaeasnrcs for
dealing in or dealing in medicines- or precious metals or precious stones
nor, to
medicines or

precious
metals or pre.
cions stones
not Within
this
Ordinance.

Ordinance 22
of 1$44 '
repealed.

weights or measures employed in relation thereto.

8. Ordinance 22 of ls44-is hereby repealed, provided that such re-
peal shall net affect the past operation of such Ordinance or. any
liability
or punishment incurred thereunder.

9. This Ordinance shall come into operation on the first day of
April, 1885. ° .

' ~~ SCHEDULE.

CHINESE WEIGIITS AND' MEASURES.

Weights . ~'
I .Fam (candareen)=0.138: oz. avoirdupois.
1 Tsin- (mace) -0:135 -
1. Leung (tael) _ 1*
;,

1 Kan (catty), ._ 13 mss. u

1 Tam (piaul) .= 133
send' tlielollo-wing weights, . viz.,: 2,' 3, 4; 5; taels ; 10, I i; 2();
30, 40; 50; t.ael$ ; 100; 200;
300, 400, 500, 1-OQ, taels.
.ORDINANCE, N6, 8. oF :1

W.eat,s .amt Heoses. ..

11 ~ Length,.

I Click (foot) equal to 1 English inches, divided into 10 Tsiin or
inches, and eael;
inch into 10 Fan or tenths.

ENGLISH WEIGHTS ANN) MEASURES.

Ounces avoirdupois:

7 'Pounds avoirdupoi,*.

8 ,, 14
1 Pound 28
3 Pounds °56

4 3)
t iY OZ. Troy.

I b' » »

;3
i 6 >~ »

the vessel.

I Yard divided into feet and incl;es.

I Half Gill.
1 Gill.
1 Half Pint.
1 Pint.
1 Quart.

-J AU OZ. Troy.
1 Ounce
=? Ounces

1 Half Gallon.
I .Gallon.
1 Peck.
1 Half Bushel.
1 Bushel.

The contents of each measure to be not heaped; but flat and level with
the rim or

Measures of length, if made of wood or bamboo, shall (except yard
measures imported
from the United Kingdom) be tipped .at the -ends - with metal to the
satisfaction .of the
examiner of weights and measures, or, in case of doubt, of a Police
1'lagistrate,.whose
decision shall be final.
1844
Standard weights and measures to deposited in the Treasury, copies and models of which to be deposited with the Magistrates.
1845
Magistrate to verify weights and measures.
Appointment of examiners.
Examiners may seize fraudulent weights and measures.
Dealings by other but standard weights and measures prohibited.
1846
Falsifing weights and measures or having possession of fraudulent weights and measures.
Weights and measures for dealing in medicines or precious meatals or precious stones not within this Ordinance.
Ordinance 22 of 1844 repealed.
1847

Abstract

1844
Standard weights and measures to deposited in the Treasury, copies and models of which to be deposited with the Magistrates.
1845
Magistrate to verify weights and measures.
Appointment of examiners.
Examiners may seize fraudulent weights and measures.
Dealings by other but standard weights and measures prohibited.
1846
Falsifing weights and measures or having possession of fraudulent weights and measures.
Weights and measures for dealing in medicines or precious meatals or precious stones not within this Ordinance.
Ordinance 22 of 1844 repealed.
1847

Identifier

https://oelawhk.lib.hku.hk/items/show/474

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 8 of 1885

Number of Pages

4
]]>
Mon, 22 Aug 2011 18:02:04 +0800
<![CDATA[UNCLAIMED BALANCES ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/473

Title

UNCLAIMED BALANCES ORDINANCE, 1885

Description

Unclaimed Balances.

No. 7 of 1885.

An Ordinance entitled The Unclaimed Balances Ordinance,
1880'

[2nd March, 1885.]

BE it enacted by the Governor of Hoogkon~, with the
advice of the,
Lenislative Council thereof, as follows:-
nr;aa4t~ of 1. All sums of money which at the time of the passing of tl;~is
old laalvnces
to ,.evt,tle Or Ordinance have remained unclaimed in the 'treasury of
this Colony for a
~~'r''j' period of five years or lnger, shall be transferred to the
general revenue,
of the Colony, subject to the provisions of this Ordinance for their
refund
if claimed after ''such transfer.
Lists of such sums ~ shall forthwith be published in the Government
R
Gazette with a notice calling upon the Qwners thereof to claim them:
~~,it.r~;,~tr_ 2. Any, stun of money other-than the balance of an
intestate estate

-which after the passing of this Ordinance may from any cause be unclaimed
in the Treasury of this Colony nay, ors the expiration of five years from.
the date of payment of such sum into the '1 reasury, be transferred to the
general revenue of the Colony, subject to the provisions-of this
Ordinance.
for the refund of such sum if claimed.
ORDINkNCE No. 7 . of 18-83:

Unclaimed Balwes.

Transfers under,the provisions of this section shall be made by yin
order under the hand of the Governor, which order, with the particulars
-of the sums so transferred, shall be published in the Government Gazette,
-and shall state the conditions on which a refund of such sums may be
obtained. ,

3. On the expiration of one year from the date of the decease of any
person dying, intestate where administration liar been granted to the
Official Administrator and the next of kin of the deceased are not known
to such Official Administrator, the Official Administrator shall c1luse
advertisements to be published in 'this Colony and also, where in his
opinion it is possible, in the mother country of the deceased, to the
effect
that if no claimant' appear within twelve months to claim any funds
remaining from the estate of such deceased person such funds will be
transferred to the revenue of this Colony. Provided that such advert.ise-
ment shall not be necessary Nvhere the funds of the estate tire less than
twenty dollars in value.

4. After five years from the (late of the decease of any such person
dying intestate, the Official Administrator shall pay the unclaimed
balance
of'such person's estate into the Colonial Treasury, and the-Governor may
direct that it be appropriated for the general purposes of the Colony;
Provided that before such direction is given a certificate be furnished to
the Governor by the Official Administrator showing that clue advertisement
has been made for claims to such balance of such estate as required by
section 3 of this Ordinance, and that, so far as is known to such '
Official
Administrator, no further claim can reasonably be expected against such
balance.

5. Any unclaimed balance paid intotheTrea Bury under the provisions
tr,t,,Cr..
ford. cs of
of this Ordinance at any time previous to the expiration of five years
.as fs>d s. 4.l
aforesaid, shall be lodged in- a chartered or incorporated bank within
this
Colony, at such rate of interest as may be procurable, and the amount of
such interest shall be added to~ and considered portion of such unclaimed

balance.

ziiteatate
estates,
tnlvertisE-

YTI C'11 t S,

ford. 6 of

Refunds..

6, It shall be lawful ~ for any claimant to any money paid into the
.'-f reasury under this Ordinance, to present his suminary petition in
that
behalf to the Supreme Court against ~ the Queen's Attorney General as.

'l'rcmsi'ur of
u ml:li nlec 1
estate to
'1'rea5u rv.
( Ord. E>~ot'
1854, s. 1.1

Petition to
Supreme
Court.
[Ibid, s. 3.]r
LTnelei»ae-d .$ah~e&

respondent thereto ; and if he shill verify. his ~ said claim by evidence
to.
the satisfaction of the said Supreme Court, it shall be the duty of the
said
Court to make an order declaring him entitled thereto and the Treasurer
on receipt of such order shall pay the smn mentioned therein to the said
claimant.
VIc>ral ctaium. 7, The Governor in Council may entertain any moral clt~im
(as
[cod. 7 rf
lsrs~r,,5.1.~ distinguished from any legal or equitable claim) which may
be submitted
to him by petition in writing by any person, praying for payment of any
sum of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordinance, and upon such petition it shall be
lawful for the Governor in Council, if he shall think fit, to order that
such sum or any portion thereof be paid by the Colonial Treasurer to such
petitioner.
w8, Any order made by the Governor in Council under the foregoing

section for the payment of the whole or of a portion of any sum, of money
which may have been transferred to the Colonial Revenue under the
provisions of this Ordinance shall be a bar to the extent of any payment
made under such order to any subsequent claim a;ainst the Crown, t&
the same sum,

9. The ;eneral revenue of the Colony shall be applicable to and

ninrn> 4'If11TY1 y1
bar .2»'n ta-nf, u
to subsequent
rmfim.

1 r var, s. 2.

1C<avinds rnade
out o£ m-
venue.
[,*el 1 0h 1 8:i i ,

payment ordered to be made under the provisions of this Ordinance,

Repeals.

1(1. The follocvina Ordinances are hereby repealed.
No. 6'of 1854.
No. 1 of 1857.
No. 7 of 18G 9.

But this repeal shall nit revive any enactment repealed by any of the
said Ordimanees, and shall not affect anything duly - done or commenced

to, be dome befdre~ the passing of this Ordinance:

Order made by the Governor under section 2, of The Unclaimed Balances
Ordinance, 1885, the Ph February, 1888, ga.zetted the san2e day.

Whereas, the several sums belonging to certain bankrupt estates as
detailed in
the following schedule have remained unclaimed in the hands of the
Official Assignee,.
I 'hereby `ord.er aid direct, pursuant to sectidu 2 of The
Uficlaimed~Balances Ordinance,.
1885', that the said sums be transferred to the general revenue of the
Colony, subject
£o~th&provisioiis of. the said Ordinance for the refund of such sums if
claimed. ;-. . . .,
Vnclabned Balances.

The conditions-on . which,. a, ref udd of, such sums may be obtained
shall be as
follows :--

U That the claimant, if the claim. shall ' be a ' legal one, shall
present his (ordinance
.
summary petition 'to the Supreme 'Court-as against the Attorney of 1885,
star.. 6j
'General, and verify such petition by evidence to the satisfaction of the
said Court,

or

2. If the claim shall be a moral one, (as distinguished from .any legal
or 1835, sec. T,j

(ordinance ,.

equitable claim), the claimant shall submit his chum by .petition .in of
,writing to the Governor in Council.

Schedule referred to in the above Order.

DEPOSITS .N.OT.AVAIL ABLE.

Unclaimed Balances, more than 5 years old on 3.Ist DeceMLer, 1887.

BANKRGrT ESTATES.

'Pam Chmt, Li Kwong and Kwong Lok, .......... ; $,

tT~ Chink;, .......................

TOB-Ut, ........................... ......

Cha
J. F. Schuster,

F. Ilutchings, .........................................................

15.53
18.00
50.?9
64.84
0.44

2.14

.T. M. Hanlon,

Gi 'rsung, . ......

Draimdrase I)ayormull, .... A . ..... ...

Rustonjee Dadabhoy,...
Pang f4ra Ping, .

Paul Phillipe Reimann, ................
`flan I'ak-1zwai,

U Hop, .....

Hongk,gng Pier and Godown. Company, .... .......... ,

John Inglis, :. %

'rang Fulc,
Fung Him Shun, ..................
Flo Kwong Ming, ...................

Leung In. and Leung Ching, ..........................

Ramon N. Orozco,

6.17

......... 329.64

6.64
22:99
48:41

34.06
5 4.'l9
81.21

o:9z

........... 14.95

30.52

32.85
61.66
35.40

0.55

Carried forward, . $ 914.26
ORDINANCE No. 7 of 1885.

Unclaimed Balances.

Brought .forward, :

Frederick Major, ......................................................
Luis Promoli, :.:
Maria mould, ........................................................
Frederick, T. Smith, : :
Harry Corran, : :

Robert H. Sneil, ......................................................
Charles Collins, ......................................................

Hugh Alex. MeLean, ................................................
Ng Lau Tong, : : :
Reuben Solomon, , .

Joseph C. Burt, ,
Thomas In. Smith, ................................................

914.26
2.84
24.07
10.74
42.60
20.'70
5.54
0.71
5:23
0.96
3.44
0.74
0.05
0.22
3.28
10.64
14.53
13.64
15.56
9.3G
39.66

TOTAL $1,138.76

1840

[See Ord. No. 11 of 1888.]
Transfer of old balances to revenue of Colony.
Unclaimed balances other than intestate estates, future transfer of.
1841
Intestate estates, advertisements.
[Ord. 6 of 1854, s. 3.]
Transfer of unclaimed estate to Treasury.
[Ord. 6 of 1854, s. 1.]
Interest.
[Ord. 6 of 1854, .s 4.]
Petition to Supreme Court.
[Ibid, s. 3.]
1842
Moral claims.
[Ord. 7 of 1869, s. 1.]
Refund on a moral claim a bar pro tanto to subsequent claims.
[Ibid, s. 2.]
Refunds made out of revenue.
[See 1 of 1857, s. 2.]
Repeals.
1843
(Ordinance 7 of 1885, sec. 6.)
(Ordinance 7 of 1885, sec. 7.)
1844

Abstract

1840

[See Ord. No. 11 of 1888.]
Transfer of old balances to revenue of Colony.
Unclaimed balances other than intestate estates, future transfer of.
1841
Intestate estates, advertisements.
[Ord. 6 of 1854, s. 3.]
Transfer of unclaimed estate to Treasury.
[Ord. 6 of 1854, s. 1.]
Interest.
[Ord. 6 of 1854, .s 4.]
Petition to Supreme Court.
[Ibid, s. 3.]
1842
Moral claims.
[Ord. 7 of 1869, s. 1.]
Refund on a moral claim a bar pro tanto to subsequent claims.
[Ibid, s. 2.]
Refunds made out of revenue.
[See 1 of 1857, s. 2.]
Repeals.
1843
(Ordinance 7 of 1885, sec. 6.)
(Ordinance 7 of 1885, sec. 7.)
1844

Identifier

https://oelawhk.lib.hku.hk/items/show/473

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 7 of 1885

Number of Pages

5
]]>
Mon, 22 Aug 2011 18:02:04 +0800
<![CDATA[CHINESE PASSES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/472

Title

CHINESE PASSES ORDINANCE

Description

Chinese Passes.

No. 6 of 1885.

An Ordinance to amend Ordinance 14 of 1870.

[21st February, 1885.]
BE it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows:-

1. Section 27 of Ordinance 14 of 1870 is hereby amended by adding at the end
thereof the words following, viz. :-
' The Governor in Council may from time to time by order declare that
the,
provisions of this Ordinance and all or any regulations made thereunder
. with or without modifications to be specified in such order shall apply
in'
relation to the whole or any part of the Colony as fully to all intents
and
purposes as the provisions of this Ordinance and the regulations there-
under apply in relation to the City of Victoria at the tithe of the
making.
of such order and the provisions and regulations as may be specified in
the said order shall thereupon apply.'

Ncmz:..-The Ordinance hereby amended is repealed by Ordinance X10. 13 of
1888.

1840
[See Ordinance No. 13 of 1888.]
Amending sec. 27 of Ord. 14 of 1870.

Abstract

1840
[See Ordinance No. 13 of 1888.]
Amending sec. 27 of Ord. 14 of 1870.

Identifier

https://oelawhk.lib.hku.hk/items/show/472

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 6 of 1885

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:04 +0800
<![CDATA[TRUSTEES RELIEF ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/471

Title

TRUSTEES RELIEF ORDINANCE

Description

Trustees Relief.

No. 5 of 1885.

An Ordinance to amend Ordinance 7 of 1873.
[ 21 st February, 1885. ]
~E it enacted by the Governor of Hongkon~, with the advice of the
Legidative Council thefeot as follows:-
1. Ordinance 7 of 1873 is hereby amended by adding at the end of
section 6, the words following, viz.:--' There shall also be imposed and
`` levied for the use of .the Crown upon all such estates a charge
equivalent
' to one,per centum on the annual revenue of the trust estate. The
' Official Trustee shall .deduct such charge in making up the annual
' accounts of the estate, and pay the sane into,the Treasury.''
1839

Ordinance 7 of 1873 amended.

Abstract

1839

Ordinance 7 of 1873 amended.

Identifier

https://oelawhk.lib.hku.hk/items/show/471

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 5 of 1885

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:03 +0800
<![CDATA[BANISHMENT AND CONDITIONAL PARDONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/470

Title

BANISHMENT AND CONDITIONAL PARDONS ORDINANCE

Description

Banishment and Conditional Pardons.

No. 4.of 1885.

An Ordinance to amend Ordinance 8 of 1882.

[21st February, 1885.]


BE it enacted 17y the Governor of Hon~kon,~, with the :advice of the
Legislative Council thereof, as follows:-
1. Section 3 of Ordinance 8 of 1882 is hereby ainencled by adding _>
at the end thereof the words followinig, via. :--- 8 or 1887.
' It shall be in the discretion of the Governor in Council to order
that the person named in any such order, be detained in
custody of the Police until he leaves the Colony, and: such
person may thereupon be arrested, and shall be deemed to
be under lawful arrest until he leaves the Colony or until
the final departure from the Colony of any vessel in which
he leaves.'

2. This Ordinance shall come into force on the 1st day of April,
1885.
1839

Amending sec. 3 of Ord. 8 of 1887.

Abstract

1839

Amending sec. 3 of Ord. 8 of 1887.

Identifier

https://oelawhk.lib.hku.hk/items/show/470

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 4 of 1885

Number of Pages

1
]]>
Mon, 22 Aug 2011 18:02:03 +0800
<![CDATA[BANKERS' BOOKS EVIDENCE ORDINANCE, 1885]]> https://oelawhk.lib.hku.hk/items/show/469

Title

BANKERS' BOOKS EVIDENCE ORDINANCE, 1885

Description

Bankers' Books Evidence.

No. 3 of 1885

An Ordinance entitled The Bankers' Books Evidence Ordinance, 1885.
[29th January, 188 5).]

BE it enacted by the Governor of Hongkong,. with the advice of the
Legislative
Council thereof, as follows:-

1. Ordinance 7 of. 1882 is her eby repealed.

2. Subject to the provisions of this Ordinance a .copy of any entry in a
banker's
look shall in all legal proceedings be received as primcit facie evidence
of such -entry,
~a:nd of-the matters, transactions; and accounts~thqrein recorded.
ot-cut)tpttlrt. ry-
to produce
origimti.

(.i0111'E or .; Itd gC
)arty direct
cal)ies to he

` Banker.s' Books evidence.

r°ry to be 3. A copy, of an entry in a banker's book :shall not
be.received in evidence under
from ordinary Act unless it be- first proved that the book was at the~time
of making the entry
one of the ordinary books of the bank, and that the entry was made in the
usual and
,ordinary course of business, and that the look is in the custody or
control of the
'bank. Such proof may be given by a partner or officer of the lank, and
may be given
orally or by an affidavit sworn before any person authorized to take
affidavits.

'Copy t!)1):: 4, A copy of an entry in a banker's book shall not be
received in evidence under
rertifieli.
~~«,s~.~ this Act unless it be further proved that the copy has been
examined with the original
entry and is correct.

Such ,proof shall be Given by some person who has examined the copy with
the

original entry, and play be given either orally or by an affidavit sworn
before any
person authorized to take affidavits. ,

5. A banker or officer of a bank shall not, in any legal proceeding to
which the
bank is not a party, be compelled to produce any banker's book the
contents of which
can b8 proved under this Ordinance, or to appear. as a witness to prove
the matters,
transactions or accounts therein recorded, unless by order of, a Judge
made for
special cause. - -.

6. On the application of any party to a legal proceeding ,a Court or
Judge may
order that such party be at liberty to inspect and take copies of any
entries in a
banker's book for any of such proceedings. An order'under this section
may be made
either -with or without summoning the bank or any other party, and shall
be served
on the bank, three clear days before the same is to be obeyed, unless the
Court or
Judge otherwise directs.

7. The cost of any application to a Court or Judge ulider or for the
purposes of
this ,Ordinance, and the cost of anything done or to be done under an
order of a Court:
or Judge made under or for the purposes of this Ordinance, shall be in
the discretion
of the Court of Judge, who may order the same or any part thereof to be
paid to agy
party by the bank, where the sazr:e have been occasioned by any default
or delay on=
the part of the bank. Any such order against a bank may be enforced as if
the bank

was a party to the proceeding.

(oterpretat:ion $, In this Urdinance the expression 'bank' shall mean any
corporation, company
r)f the terms

'I
0~ ~~i, and
or society established by charter ,or, under, or by virtue of any Act of
Parliament or
'bankers Ordinance lawfully carrying on the business o£ bankers, or any
Toreign banking
1~pnkS:' b t7
company carrying on business in this Colony, and recognized as such for
the purposes
of this Ordinance by an order of the Governor in Council, published in
the Gazette.
Expressions in this Ordinance relating to 'banker's books' include
ledgers, day
books, cash books, account books, and-all other books used in the ordinary
business of
. ape bank.

4

-The- expression 'legal proceeding', means any civil or criminal
.proceeding or
inquiry in which evidence is or :may -be .biven, aid includes an
arbitration; tl~e
Bankers' Books Evidence.


expression t` the Court' means the Court, Judge, arbitrator, persons, or
person before
vholn a legal proceeding is held or taken;

The expression 'a Judge' means a Judge of the Supreme Court of the Colony
of
HOI1bli0I1g.
9. Sunday, Christmas Day, Good Friday, and any lawh holiday shall be
excluded iert,ciic mys
excluded from
from the computation of time under this Ordinance. c.omgntotion
. of time.

[Repealed by Ordinance No. 2 of 1889.]
1837

Ordinance 7 of 1882 repealed.
Copy of entry prima facie evidence.
1838
Copy to be from ordinary book.
[* Sic.]
Copy to be certified.
[* Sic.]
Not compulsory to produce original.
Court or Judge may direct copies to be taken.
Costs.
Interpretation of the terms.
'bank,'
'banker,' and '
banker's books.'
1839
Certain days excluded from computation of time.

Abstract

1837

Ordinance 7 of 1882 repealed.
Copy of entry prima facie evidence.
1838
Copy to be from ordinary book.
[* Sic.]
Copy to be certified.
[* Sic.]
Not compulsory to produce original.
Court or Judge may direct copies to be taken.
Costs.
Interpretation of the terms.
'bank,'
'banker,' and '
banker's books.'
1839
Certain days excluded from computation of time.

Identifier

https://oelawhk.lib.hku.hk/items/show/469

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 3 of 1885

Number of Pages

3
]]>
Mon, 22 Aug 2011 18:02:03 +0800
<![CDATA[STAMP ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/468

Title

STAMP ORDINANCE

Description

Stamp.

No. 2 of 1885

An Ordinance to amend The Stamp Ordinance, 1884.

[25th January, 1885.]

BE it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows:--
1. Ordinance 15 of 1884 is hereby amended as follows, viz.:-
T'or section 9 substitute the following.section:-

8, Except as otherwise provided by this Ordinance, nQ document liable
to stamp.. duty. under this Ordinance shall be received as creating,
transferring,
Ordinance No. 2 of 1885.

Stamp.

or extinguishing and right or 'obligation, or as evidence in any civil
proceed-
ing in any Court of Justice in the Colony, or shall be acted upon,
registered,
or authenticated in any such Court or public or other office or by any,
public
officer unless such document be stamped according to this Ordinance or ill
accordance with the law in force in the Colony at the time it was
executed.
Provided that any Civil Court may direct the Collector to stamp and
,receive
the duty, and penalty if any, upon any document which may be stamped after
execution under this Ordinance. Such duty and penalty shall be paid into
Court and shall be remitted to the Collector with the document to be
stampecl
after such document has been admitted in evidence.

In section 10 strike out the words 'off the Court ordering such stamping.'

In article 8 of the schedule strike out the words and figures in the
second column
of the second clause of that article 'and substitute the following:-

Under
From

Every

10 to
50 to $
250 to $ 500, . . . . . .

500 to $ 1,000,

1,000 to $ 2,000, ,

2,000 to $ 3,000,

3,000 to $ 5,000 . . . . .

5,000 to $ 10,000, ......
10,000 to $ 15,000, ......
5,000 additional, ......

In article. 32 of the schedule add the following exemption:
-'

.Receipt given by any officer or soldier of Her Majesty's forces
stationed in the
Colony for money paid out of Imperial Revenue.

Free.
.02 cents.

.05
.10
.20
.50
$1.00
$1.50
$2.00
$3.00
$0.50

[Repealed by Ordinance No. 16 of 1886.]
1836
Amendment of section 9.
1837
Amendment of section 10.
Amendment of schedule article.
Article 32.

Abstract

1836
Amendment of section 9.
1837
Amendment of section 10.
Amendment of schedule article.
Article 32.

Identifier

https://oelawhk.lib.hku.hk/items/show/468

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 2 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:03 +0800
<![CDATA[REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1885) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/467

Title

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1885) ORDINANCE

Description

-ORDINA-NI'VE No',,, 1 9`95.

Revenue.

o. 1 of 1885.

-

.Au Ordinance to applya sum not exceeding Nine hundred and Fort3T-

nine thousand,^and~ Sixty-one Dollars to the Public Service of the
`'ear I$85.

25th January-, 1$85.]

WHEREA.S the expenditure required- for the service of this Colony for the
year
1885 has been- estimated at the -sum of nine hundred and forty-nine
thousand,
and sixty-one dollars: Be it enacted by the Governor of Hongkong, with
the advice of

the Le;islative Council thereof, as follows

1. A sum not exceeding nine hundred and forty-nine thousand, and sixty-one
dollars shall be, and the same is hereby charged upon the revenue of this
Colony for
service of the year 1885, and the said sum so charged may be expended as
hereinafter

specified: that is to say :-

Ia'f ABLISI-TM ENrS :-
Governor, ...... ......... ...... ...... ...... .... .. ......... $ 8,758

Colonial Secretary., 10,096

Audit Oifice, - 4,518

Colonial Treasurer, 4,930 ,
Clerk of Councils, : 200
Surveyor General, 48,031
Postmaster General, 26,900
Registrar General, 1'T,872
Harbour Master, , : 38:6'78
Liahthouses, '1,508
Observatory, - 5,820

Collector of Stamp Revenue, 7,322
Government Gardens and Plantations, 6,986
Judicial, .................................................. : .15,525
Ecclesiastical,
............ ............... ... .................. ..... , 1,158,
Educational, : 25,599
Police Maaistrates, . ............. 7,5'7`9

Police, ................... ...... ....................................... 157
,584
. .

Gaol, . , 26;844 .
Fire Brigade, ..................................... , ................. 3;666
Ordinance No. 1 of 1885.

Revenue.

B~ou9l~t~i'orward, . 468,164
SERVICES EXCLUSIVE Oh' ESTABLISHMENTS:-

Colonial, Treasurer, ................. ........ .. :

Surveyor General,
Postmaster General,

Registrar General, ......................................................

Government Gardens and Plantations, ,

.Judicial, .. ...... ....... ....... ............... . ............ ...

Ecclesiastical,
.............................................................

Educational, ,

.r.
Police lla;istrates,
......................................................

Fire I3rigade, ......................................................

Charitable Allowances, ....................................
Works and I3uildings, :

Roads, Streets, and IBi~Igos, .: ......

Miscellaneous Services, ., ,., , , .. - , , . .

Military Contriuuric>n, . . . . , - .., ..' . . : . ~ . , ~ . ...

R~T~D TOTAL,..

4,116
2,520

68,000
25
10,800
860
1,220

21,628
14,.:28
390
39,148
21,720
5,800
4,000
4,500

i 0,100
38,500
.59,G9?
113,34

- $480.,897

2. Ordinance 21 of ~ 188-4 ~is hereuy repealed; but such repeml shall not
affect an~ytlci y
lawfully done or commenced, to be dwe thereunder: - - , . . .

[Repealed by Ordinance No. 4 of 1887.]
1835
1836

Abstract

1835
1836

Identifier

https://oelawhk.lib.hku.hk/items/show/467

Edition

1890

Volume

v4

Cap / Ordinance No.

No. 1 of 1885

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:03 +0800
<![CDATA[PEACE PRESERVATION ORDINANCE, 1884]]> https://oelawhk.lib.hku.hk/items/show/466

Title

PEACE PRESERVATION ORDINANCE, 1884

Description

Peace Preservation.

No. 22 of 1884.

An Ordinance entitled The peace Preservation Ordinance, 1884.

WHEREAS in view of the disturbed state of the Chinese population in this
Colony, it is expedient to make certain special provisions for the
preservation
of peace and order; Be it enacted lay the Governor of Hongkong, with the
advice cf
the Legislative Council thereof, as follows:-

Duration of 1. This Ordinance shall continue in force until the first day
of April, 188.
Ordinance. ,
Interpretation 2. In this Ordinance the expression arms includes any
description of fire arms,
of tile also any sword cutlass> sPear,Pike, basYonet, ox other deadly
weapon, also any Part o£

any arms as so defined. ORDINANCE 'No. 29 of 188.

Peace A-eservation..

Provided that'this section shall not prevent the owner of any trading or
fishing
,junk who has given security to the Harbour Master under section 38 of
Ordinance $ of
1879 from having without licence on board of his junk -such arms as are
reasonably
iiecessary for the protection of such junk on the,high seas.

3. A Chinese person shall not hate or carry any qms, save as authorised
by the c;,;t to

ea rr y :vans.

~Govet'nor in Council.

The Governor in Council may from time to time at discretion grant to any
Chinese
persons licences to have or carry amps subject to such conditions to be
specified in the
licence as to the Governor in Council may seem fit, and quay from tiua6
+o time at
discretion revoke any such licence.

4. Any person having or carrying or reaesouably suspected of having or
carrying
-any arms in contravention of this Ordinance may be arrested without
warrant by any
Police officer, and, as soon as reasonably can be, conveve-d before a
Magistrate in order
to his being dealt with according to law.

5. The Governor may by warrant autharl5e any person named in such warrant
to sv%ne.
search in any houses, buildi;pgs, obips, vessels or places for any arms
suspected to be
,, therein in contravention of this Ordinance.

The person named in such warrant with such coustAbles and other persons
as be
~en11s to his assistance may at any time ester into any house, building,
ship, vessel or
place and there execute the warrant, and in case admittance is refused or
is not obtained
within a reasonable time after it is first demanded such persons may
enter by- force in
order to execute such warrant. The person executing such. warrant shall
before
executing the same if so desired produce the said warrant.

Any arms, carried, had or found under circumstances which contravene this
Ordi-
nance, may be forthwith seized and shall be forfeited to Her Majesty. ^ ^
.

6, Any arms in the possession of persons not entitled to have the same
which after n,,g;,tra;o,.~
the passing of dais Ordinance are given up val.untarily ozr` taken under
such circum- given up.
-stances as prove to the satisfaction of the Governor in Council that
they have not been 19
wilfully kept back in contravention of this Ordinance, shall be deemed to
be in the
possession of Her Majesty and the Governor shall provide for the deposit,
registration,
valuation and care of the same. Provided that sucL arms nay in the
discretion of the
Governor in Council be returned to the ownersthereof to have and carry
under licence
under this Ordinance or for immediate exportation subject to such
conditions as to the
Governor in Council may seem fit, and provided also that at any time the
Governor
may instead of keeping or returning such arms if be think fit pay to the
owners of the
same the value thereof to be assessed by the Registrar General, or the
owners thereof
may demand payment of such value and such payn'Ient may, be made out of
the general

:revenue of the Colony.

Way carry nr,us.
Ordinance 14 of 1870 May 66

extended to
the whole
of the Colony.

QP WJNA)TOE No.. -22 OF. 1$84.

:~?eace Preservation.

''7:' sLjhe~ Governor in ~'..ouucil-may from time =to time. m;ako~ and
when made revoke-

4ltor ~ar-add:to r©oulations; :prohibiting -or reaulatilng.the sale or
importation of arms.

If .any person sell or import or. attempt to sell-or import any arms in
contravention

of any such regulations, such Irtn.s shad be liable to be forfeited to
EIer. Majesty .-and
the person.so acting wilfully shall be deemed toI be acting in
contravention of this
-Ordinance.

8. At any time after the passing of this Ordinance the Governor in
Council mad
by-order declare that the provisions of Ordinance ld, of 180 and all
regulations ' made
thereunder shall apply-in relation ~to the whole or any hart of the
Colony as .fully to a11~
xnte'nts ancl f urposes-as the same applied in relation to the City of
Victoria .at the time
0 -
of the passing of this Ordinance, and such provisions shall thereupon
apply.
The Governor in Council may from 4me~ to dune revoke add' to or alter
such order.

Persons g.- In any case where an order is made by the Governor in Council
under the
urderA to be
banished may provisions of section 3 of Olrd.inauce 8 of 1882 . it shall
be in the discretion of 14e
be detained p '
Imtilleaving Governor in Council to order that tile person named in such
order be detainor~^
the Colony.
custody of the Police until he leaven the Colony and such person may
thereupoii 'be
arrested and shall ire deemed to be under lawful arrest until he leaves
the Colony or
until the final departure from tlw Colony of any vessel in.which he
leaves.
Such order of detention shall provide that the person named therein shall
have
reasonable facilities for settling his affairs end arranging for his
departure.
xOtices in The Captain Superintendent of Police shall cause notices in the
Chinese langua;e,_
clitnese, with '
names of containing the name& of persons against whom orders have been
made under section
persans.to be
~~ed to be 8.of Ordinance 8 of 1882 to be from time to time posted up in
public and. conspicuous-.

places.

clarrese

10: No person shall post up or exhibit or cause to be posted up or
exhibited
proclamations not to be.pastea upon any wall or in any.public place any
public notic8 or proclamation in the Chinese '

without permis-

Ron from the language witU4ut the permission of the Registrar Garieral
being first obtained.
Registrar b
c'~'~' The Registrar General map in his discretion refine such permission
in any case
awwhich he deems that the publication of such notice or proclamation may
be preju-

dicial to peace or good order.

I'nUlicnotices ~ No person shall. tear down or deface or cause to be torn
down, or defaced any
riot proclamations
public 'notice or proclamation bearing t$e -Official Seal of the
Governor or of any a
defaced or torn.
Government Department of the Colony.
11. Any, person acting in contravention of this Ordinance shall be liable
upon
sucn3mry conviction before a gistraie to be imprisoned with hard labour
for a term.
not egceediiic; 3 months or at the distretion of the Magistrate to a
penalty not exe Vied-
ing $500. But if upon the hearing of the charge the Court shall be of
opinion that
there are circumstances in the case vPhi4 reuder.it inexpedient to
inflict any punish-
ment it shall llavo power to dismiss the person charged without
proceeding to conviction.
Repealed by Ordinance t1'o. 4 of 1887.
1832
Preamble.
Duration of Ordinance.
Interpretation of the expression Arms.
1833
Licensed junks may carry arms.
Chinese not to carry arms.
Police may arrest without a warrant.
Search warrant.
Registration, &c. of Arms given up.
1834
Governor in Council may make regulations.
Ordinance 14 of 1870 may be extended to the whole of the Colony.
Persons ordered to be banished may be detained until leaving the Colony.
Notices in Chinese with names of persons to be banished to be posted.
Chinese proclamations not to be posted without permission from the Registrar General.
Public notices or proclamations not to be defaced or torn.
Penalty.

Abstract

1832
Preamble.
Duration of Ordinance.
Interpretation of the expression Arms.
1833
Licensed junks may carry arms.
Chinese not to carry arms.
Police may arrest without a warrant.
Search warrant.
Registration, &c. of Arms given up.
1834
Governor in Council may make regulations.
Ordinance 14 of 1870 may be extended to the whole of the Colony.
Persons ordered to be banished may be detained until leaving the Colony.
Notices in Chinese with names of persons to be banished to be posted.
Chinese proclamations not to be posted without permission from the Registrar General.
Public notices or proclamations not to be defaced or torn.
Penalty.

Identifier

https://oelawhk.lib.hku.hk/items/show/466

Edition

1890

Volume

v3

Cap / Ordinance No.

No. 22 of 1884

Number of Pages

3
]]>
Mon, 22 Aug 2011 18:02:02 +0800
<![CDATA[REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1885) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/465

Title

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1885) ORDINANCE

Description

ORDINANCE- No.-,11o.-dF 188C

Revenue.

'N0. 21 ,off 1684.

An Ordinance to apply a sum not exceeding One million and Six. thousand

Eight hundred and Eighty-one° °Dollars to-the Public Service o£ the-
Year 188 5.
[27th June,, 1884.]
..

HERE~°s the egpen~Iitcxre reqctired for the service of this Colony -for
the gear
w . 1885 has been estimated ~at the °srrm of -one -million, and °six°
thousaInd, eight
hundred and eighty-one dallurs : B& it enacted by, the Governor of
Hongkongi with
the advice of -the Legislative Council Ahereaf, ~as follows :---

1. A sum not exceeding one million and six thousand, eight humired and
eighty-one,
dollars shall be, and the same is hereby charged upon the revenue of this
Colony for the
service of the year 1885, and the said sum so charged maybe expended as
hereinafter

specified ; that is to say:-

ESTABLISHMENTS:-

Governor , ...............

Colonial Secretary, .. t.

......................... ' : $ _ 8,758

11,896

Audit Office, . .... .. .. A ........... : . . . . ...... .. .. .. ...... 4, 518

Colonial Treasurer, .................................................

Clerk of Councils, ,
Postmaster General, ,
Registrar General, ,
Harbour Master, t
Lighthouses, ' ,
Observatory, ,
Collector of Stamp Revenue, .....................................
A
Government Gardens and Plantations, ........................

Judicial, t w

Ecclesiastical, ... ........ ........... .. .. .......
Educational, . . . ,' . .. .. . .. ... .. .. . ,

Medical, .: w * #I

Police Magistrates;

Police, . .

Gaal, : l :
Fire Brigade,_ . i : ~

200

48,031

26,900
16,192

38,678

7,508

-5,20
7,322
6,986
35,52
1,158
25,599
I6,4 '40

'T,5'l9

152,084
26,'18 4

9,666 -

.-S462,604
ORDINANCE No. 21 of 1884.

Revenue.

Brought forward, $462,604

SERVICES EXCLUSIVE OF ESTABLISHMENTS
Colonial Treasurer, ...........................................

Surveyor Generate ...................................................

Postmaster General, ........ .. .......... .. ...... ...... ...... <

Registrar General, < .. .... .. ...... .... .. ............

Government Gardens and Plantations, :

Ecclesiastical, ......... ........................

Medical . .. . . . < .. ............... ............

Police Magistrates, ..................... ...........................

Preamble.

Gaol, ..................................................................

Fire Brigade, : .................. .................
.i

Charitable Allowances, , ' ,

Works and Buildings, . ... ...... ... ......... X . . ...

Roads, Streets, and Bridges; ,

Miscellaneous Services, ..................................
Military Contribution, .............................................

11,016
2,520
68,000
25
14,800
860
500
21,628
14,528
390

39,148
21,'T 20
5,$00
4,000
4,500
122,500
40,500
58,497
113,34
- X544,2'7 i

GRAND TOTAL 41,006,881

[Repealed by Ordinances No.. 1 of'1885, and No. 4 of 1887.]
1832

Abstract

1832

Identifier

https://oelawhk.lib.hku.hk/items/show/465

Edition

1890

Volume

v3

Cap / Ordinance No.

No. 21 of 1884

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:02 +0800
<![CDATA[REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1883) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/464

Title

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1883) ORDINANCE

Description

Revenue.

No. 20 of .884.

An Ordinance to authorize the Appropriation of a Supplementary Sum
of Two hundred and Thirty-five thousand 'three hundred and Forty-
five Dollars and Twenty-six Cents to defray the Charges of the Year
1883.


[27th June, 1884. ]

WHEREAS it has beaowe necessary to make further provision for the public
su}pnm<nntal:y
~:att~tu:te, t~qa_
service of the Colony for the year 1883, in addition to the charge upon
the

revenue for the service of the said year alreaay prodded for. Be it
enacted by the
(governor of Hongkong, with the advice of the Legislative Council
thereof, as follows:-

1. A sum of two hundred and thirty-five thousand three hundred and
forty-five
dollars and twenty-six cents is hereby charged upon the revenue of this
Colony for the
service of the year 1883, the said sure so charged bting expended as
hereinafter specified;
that is to say:-
QRDI.NACE No., 20 aF -1694.

ESTABLISHMENTS:-

870.32

1,857.84

7,4i2.i3

6,550.`l fi

2.03

2,880.64

43'1.9

1,'722.04

1,317.32

2,'139.50

3,841.90

384.10

3 60.00

35.32

fi,192.00
949.4'T
1,55'1.29
29.51
6,081.95
34,961.'76
74,580.91
19,856.32
5.'75
18,fi92.'l6
38,000.00
2,895.09

X30,077.13

$20.3,2fi8:13

0 0

Repealed bY Ordinance No. 4 of 1887.]
1829

Supplementary Estimate, 1883.

Abstract

1829

Supplementary Estimate, 1883.

Identifier

https://oelawhk.lib.hku.hk/items/show/464

Edition

1890

Volume

v3

Cap / Ordinance No.

No. 20 of 1884

Number of Pages

2
]]>
Mon, 22 Aug 2011 18:02:02 +0800
<![CDATA[PIERS AND WHARVES (CHATER'S) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/463

Title

PIERS AND WHARVES (CHATER'S) ORDINANCE

Description

Piers and Wharves (Chater's)

No. 19 of 1884.

An Ordinance to authorise CATCHICK PAUL CHATER, to con-
struct piers and wharves in the harbour of Victoria, and to
confer upon the said CATCHICK PAUL CHATER certain
other powers and privilege.

[12th June, 1884.]

WHEREAS CATCHICK PAUL CliArr~R, of Victoria, Hongkong, is x're.t,nble.
desirous of construct' o~, with the consent of the ~Crown piers,
lnb , p
n,nd
wharves, in the harbour of Victoria, and certain tramways in connex-
ion therewith, for the purpose of removing and storing, loa,dinb, and
discharging cargo ; And -vrhereas the-said CATCHICK PAUL GiHATER has
applied to the Government of the Colony, to confer upon him the neces- -
s Lry powers for carrying out the constrnetion of such piers, wharves, and
tramways by means of a P,ub~ic nrdin-ance, and it is expedient that such
an Ordinance should be granted to the said CATCHICK PAUL CHATEM,
under and subject to the conditions, restrictions and provisions
hereinafter
contained: Be it enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows :=-
1. It shall be lawful for the bald CATCHICK PAUL CI;ATnr1 his
execu- i>ower t,>
tors, administrators or assigns, to conk~truct and maintain, for his and
wharves and
their exclusive use, wharves between high and low-water mark, and
piers piers.
txtendina into the harbour of Victoria, at and from any part or parts of
and '-Idclitio)is.

Power to
lay down

ORDIIVTAJiCE No: 19 of 1884.

Piers and d 'Wharves (Chater's.)

that portion of land which lies directly opposite to the pieces or parcels
of ground registered in the Land Office of the Colony as Kauluy Marine
Lots Nos. 9, 11, ZO and 21 respectively, which wharves and piers and
the works in connection tliLrewith authorised by this Ordinance are here-
inafter referred to as the undertaking.

I>mnR <aila 2, 'the said wharves and piers shall be constructed in
accordance
~~eci ficat i.c » ~.
with plans and- specifications to be deposited in the office of the
Survey*
General and approved of by the Governor in Council, and shall be so
constructed, as to secure that the free passage of vessels along the
harbour
is not' unduly interfered with.
3. The said CnTcHzcK PAUL CI3ATE:It his executors; administrators

or assigns -may, from tine to time, make any alterations in, or additions
to, the said wharves and-piers, provided the same be in accordance with
plans and specifications to be approved by the Governor in Council.

4. It shall be lawful for the Said CATCHZCK PAUL CfiATrR his eaeau-

tons, administrators or assigns, subject to*the.plans and specifications
being approved by the Governor in Council,,from time to time to lay
down, maintain and renew, sunken and overhead tramways, or either of'
such tramways, from the piers and wharves across the Praya connecting
the piers and wharves with the premises of the said (W TCFizCK PAUL.
C.trATrR his executors, administrators or assibns, situated on the Kaulun
Tots aforesaid or adjoining the same ; arid also a double line of sunken
tramways, 650 yards in length, commencing at a point opposite the
North West Corner of the aforesaid KaulungJMarine Lot No. 21, tloence
passing alonb the centre of the Praya to a point opposite the South West
Corner of the a~'oresaid Kauluna Marine Lot No. 9. The said tramways
to be provided with all proper stations, crossinbs, bridges, passinb
places,
sidings, junctions, rails and conveniences connected therewith, or for the
purposes thereof, and the said CATuHtcn ?AM, CHnTER his executors,
administrators or assigns may work and use the same. Provided always.
that before the commencement of the construction of the said sunken and
overhead tramways or either of sHCh tramways, the said CATCHICZi PALTI:
CHATER his executors, administrators or assigns shall deposit in t,,bev
office of the said Surveyor General plans and specifications spewing in
detail the mode of construction of the said sunken and overhead tram-
ways, which said plans and specifications shall be approved of by the
Governor in Council.
O-RDllaTAN`CE a. `No.' 19''©~ 'I884.

Piers vand Wharves (CkatWs).

~S. . The sunken tramways referred to in this Ordinance shall he
-con-Gauge of

structed on a gauge not exceeding 2 feet in width, and with two steel
grooved rails, which said rails shall before being laid down be approved `
of by the Surveyor General, and shall be laid and maintained in such
manner, that the uppermost surface thereof shall be on a level with the
snrfaoe of the road. Provided that the Governor in Council may from
time to time require the said CATCHICK PAUL CrHATER his executors,
administrators or assigns to adopt and apply such improvements in the
said sunken or overhead tramways including their rails, sleepers,, bridges
and substructure as experience may suggest, having regard to the greater
security of the public and advantage to the ordinary traffic, and the said
GATCHICK PAUL CHATI;R his executors, administrators or assigns shall
with all reasonable despatch, comply with any order made by the Govern-
or in Council for the purpose of carrying out any such improve me tits.

6. The said CATCxien PAUL. GnATrM his executors, administrators Power to
or assigns maY from ticre to time for the purpose of makinaw,
farming, breakup
roads.
laying down, maintaining altering, adding to or removing any
tramway, under this Ordinance, or any, part or parts thereof,
respectively,
open and break up any road subject to the following regulations:
--

1. They shall give to the Surveyor General notice of their
intention, specifying the time at which they ,will begin to
do so, and the portion of road proposed -to be opened or
broken up, such notice to be given seven days at least
before the commencement of the work.

Z. They shall nod, open or break up or alter the level of .any
road except with the authority, under, the superintendence,
and to the satisfaction of the Surveyor General.

`~. When the said CATrMcK PAU-- CxATEyt his executors, adminis-
lrators or assigns shall have opened or broken up any portion of guy road,
they shall be under the following further obligations, -namely

couaple~iti~i:
of work aA`
aeinstateix~'ent
of, roacl.

1. They shall with alI convenient speed, complete the work
on account of which they opened or broke up the same,
and (subjec=t to the formation, maintaining, renewal, or
alteration of addition to or removal of the tramway) fill i,n.
:the ground and make good. the surface, and to the satisfac=
.tiou -of the Surveyor .General, restore the road - to as ~~ goad
Penalty for
trot maintain,
in.a rails at
their p'
roller
level and ire
food candi-
t inn:

0RDiI4ANCE '1'0. 19 oF~ 1884.

PierB and Wharves ffhateri)..

condition as that in which it was before, it, was opened or
broker up.

2. 'they shah ~p the meantime cause the place where the road
is opened or broken up to be fenced and watched and to
be properly lighted at night,

If the said CATCHICK PAUL CRATER his executors, administrators
or assigns fail to comply with this section, they shall, for every offence

(without prejLidice to the enforcement of the specific performance of the
requirements of this Ordinance, or to any other remedy against them) be
liable to a penalty not exceeding one hundred dollars, and to a further
penalty riot exceeding 2 .5 dollars for each day during which any such
failure continues after*the first day on which such penalty is incurred.

$. The said CATCHIC'k PAUL CHATER his executors, administrators

and assigns shall maintain in ~ood condition and repair, and at their
proper level so.as not to be a danger or ,qlnr,)yance to the ordinary
traffic,

.

the rails of which any of'the tramways for tlle time being consist, and
the substructure upon which the same rest; end if the Surveyor General.,
phall from time to .time,.or at any time hereafter, alter the level of any
road along or across which any' of the said tramways shall be laid, then
and in such event, and so often as the same shall happen, the said
CATCrxzcr PAUL CI3ATElt his executors, administrators or assigns, shall
at his or. their own expense, alter the rails so that the uppermost
surface
thereof shall ire on a level with the surface of the road as altered,
and, if
the said CATCHICK PAUL CATER his executors, administrators or assigns
male default in complying with this sectionthey shall, for every offence,
be subject on conviction to a penalty not exceeding twenty-five dollars,
and, in case of contin'hinn offense, to a farther penalty not exceeding
ton
dollars for every day after the first on which such default continues.

9. The sold CATCHICII PAUL CHATLII his executors, administrators
'or assigns shall cause to be affixed on the said wharves and pier., and
to
be exhibited from sunset to suprise, such lights as the Harbour Mater
may from time to time direct.

Prevention 10, The said GATCITICK PAUL CRATER his executors,
administratoi's
af silting, see` or assigns shall take such measures as ,the Governor in
Council may
require to prevent silting or. the accumulation of mud, . sand, or other
mater around the wharves and piers, and shall conform -to. such regula-
ORDINANCE, No. 19 Qk vgs4.

Peers and Wharves (6`laater's~,

oohs as the Governor in Council may deem it expedient to make, from
-time to time for the purpose of preventing obstruction to the traffic 'of
the Praya.

11. In the event of the said CATCHICI% PAUL CEIATELt his executors,
administrators or assigns maliinn default in complying with the provisions
in the last preceding section relating to the prevention of, silting, or
the
accumulation of mud, sand, or other matter around the wharves or piers,
the Governor in Council, if satis&d after due enquiry made that the said
LATCIiICK PAUL LHATEIt his executors, administrators or assigns, has or
have been guilty of the alleged default, shall make an order to be served
on the said CATcmcK PAUL CIiATER his executors, adininistrators or
assigns, limiting a time for the performance of his 4r their duty in that
behalf, and if such duty is not performed by the tune limited by the
order,
the Governor in Council shall appoint some person or persons to perform
the same, and shall by order direct, that the expenses of performing the
same, together with a reasonable remuneration to the person or- persons
appointed for superintendiri~; such perform a,nce,-and amounting to a sum
to be specified in the order, vo;etbet' with the costs of proceedings (if
any),
shall be paid by the said CATCHICK PAUL CAATEzt his executors, adminis-
trators or assigns, and any order mach for the payment of such expenses
and costs may be removed into the Supreme Court, and may be enforced
in the same manner as if the same were an. order of such Court.

12. All vessels belonging to, or eno-aged in the , service of Her
Majesty's Government shall fiave priority of use of the wharves and piers
at the ordinary current rates for mercantile vessels, without lorLjudice
to
the rights of other vessels actually wing the wharves or -piers and all
other vessels shall`have the right of using the wharves and piers at the
ct.Vrent rates in order of priority of application subject nevertheless to
any rules and regulations which may ~be made under the provisions of
section 13 of this ordinance.

13. It shall be lawful for the said CATCHtcr PAUL CRATER his
executors, administrators or assigns, from 'rime to time to make such
rules
and regulations, as may be necessary for the use and due maintenance of-
the- wharves and piers and tramways in connection, therewith. Provided
always that no such rules and. rebulati6ns, nor any repeal or variation
thereof, shall come into farce until the sate shall have been approved by
the Governor in Council, and shall have been p.pblished in ;the Gazette.
; ,

Proceeding-.
on non-pre-
vention of
silting, &e.

Priority oi'
use to GZneen'
ships.

Powers to
make rule.;
and regula-
tions.
OR DI NAX CE.~ho., h9°=0~1984:

~ ^ Pievs.~arrd Wharves. (Ckaler's).

Penalty nor : 16, Every person who shall commit a breach' f any of the
rules arid,
Yareaeh of
tees and regulations made m pursuance of this Ordinance, shall, on summary.
regdlations. conviction thereof' before a Magistrate, be liable to a fine
not exceeding
w'
fifty dollars. .
Proof of runs . 16~ In all proceedings before any Court, the rules and
regulations i~
and ragula-
dons. force for the time being under this Ordinance, shall be sufficiently
proved
by the production of a copy of the Gazette in which the same shall die
published and contained.

Itules and 17. The said CATcHzcK PALL CI3ATEIt his executors,
administrators
regulations ~
to be painted or assigns shall, from time to time, cause to be painted on
boards, or to
~eihxbi t-
'0. a
be printed and attached in large and legible characters in English, and
Chinese, _ a statement of the rules and regulations in force, and a list
of
the severar rates for the time being payable and shall cause such boards

containing *ueh statement and list to be fixed on some conspicuous part
of the W' barves~ or piers and no rate shall be payable during such time
as

v such list is not so affixed, nor shall any' rate mot specified in such
list Y e,
Provided that, if any such statement or list be destroyed;
injured or obliterated, the rates shall continue payable during
such=~tinae
as. -M ay,

reasonably required for the restoration or reparation of such.
list in the same manner as if sued statement and list hid continued
affixed.

' - and in the. state, required by this Ordinance

Dower to 1$: If at any time before the completion of the works, the:, said
Governoin
'Council to C~T~m° PAUL CHATIER his executors, administrators- or assigns
.~shall:
abate. amd ,

remove torks falto pr oEeed therewith for :a. or.,
after the completion:

in certain
events: thereof vhall disuse t1rQ- sanj.e~ ors any-part: tbereof~ far-.
s~X' : months, .without. r

ooveMa=' III . - l6. - if the said CATCmcK PAUL CRATER his executors;
administrators
Council ~or assigns shall fail to make or vary such rules and regulations,
as in the
Ana_regma-
tions in cer- opinion of the Governor in Council are requisite for the
protection of the
rights of f he inhabitants of the Colony, and for the prevention of injury
to navigation, the Governor in Council shall make an order to be served
upon the said CATCfIICh PAUL CHATI:IZ his executors, administrators or
assigns; limiting a time for the, making or varying of such rules and
regulations, and-if such rule's and regulations are not made or varied by'
the timer prescribed in such order, the Governor in Council may make or
vary, such rules and regulations, which when made or varied, and published
in, thea Gazette, shall have the same force and effect as if they were
speeiallyerircfed' herein.
y ~ CtRDINAh'CE . No-n.70F IF884. .

Tiers.-and Wharzest(Chater's).

^ some to the Governor in Council some satisfactory reason -for the
discontinuance or disuse of the said works, (as the case may be'' , it
shall
be lawful for the Governor in Council to abate and remove the same, .and
restore the site thereof to its former condition^ at the costs of the said
ACATCHICFi PAUL CRATER his executors, administrators or assigns, and
the amount of such costs .shall be a debt due-to the Government, and
recoverable against the said CATCHiCK PAUL C.ZIATFTi his executors,
administrators or assigns accordingly.

19. Subject to the approval of the Governor in Council-being first
[?~) sell.
obtained (but not otherwise), the said CATGHIGK PAUL Cz3ATEEt his
executors, administrators or assigns, may at any time, and from time to
time sell, assign or absolutely dispose of the undertaking, or any part or
parts thereof to such person, corporation, or corp.pany, by public
auction,
or private contract, or partly by public auction and partly by private
contract, and with, under and abject to such terms and conditions in all
respects as the said CATCIIICK,,P.AU.i. CRATER his
executo-s,'adininistrators
or assigns shall think fit; with power at any such sale to fix a reserve
price for, or buy in the ;ame, and when any such sale, assignment, or
absolute disposal has been made, all the rights, powers, authorities,
obligations and liabilities of the- said CaTCUzeK PAUL CATER his
executors, administrators or assigns in respect to the undertaking or part
or parts thereof sold, assigned or absolutely disposed of, shall be
transferred
to, vested ire, and may be exercised by, and shall attach to the person or
persons; corporation, or company to whom the same has been sold, assigned
or absolutely disposed of, in like manner as if the undertaking, or part
or
parts thereof sold, assiped or absolutely disposed of, teas or were

constructed by such person or persons, corporation or company under
,the powers conferred upon him or them,by this Ordinance, and in reference
to the same he or they shall. be deemed to be the said CATCHicA PAUL
CRATER, his executors; administrators or assigns.

20. Subject to the approval of the Governor in Council being first
i><~,~r,a

6btained (but not otherwise), the said CATcmca PAUL CHATER his
`'~t~'``~expcutars, administrators or assigns mad, ,at any time, and from
time to
time. demise their undertakings or any part or parts thereof, to, such
person corporation or company, for such term or terms ofyears, or from
year, to year, or for. any, less -period,. and for such rent or rents,
and upon
~spch .her-rns=and conditions in all respects, as the said UTcnzcA PAUL
Piers and, Wharves (Chater's).

Power to
mort4age.

Duratioa of
ordinance.;

CRATER his executors, administrators or assigns shall think fit to adopt,
to take effect either in possession or reversion, and either with or
without

a premium or premiums, as a consideration or considerations for such
demise or demises.

`N'' 1. It shall be lawful for the said CATCHICK PAUL CRATER his
executors, administrators or assigns, from time to time and at any time
to borrow money on mortgage of all or any part of his undertaking, -and
for that purpose to assign or demise by way of mortgage, all or any
portion of 1-he said wharves and piers, to any person or persons, corpora-
tion or. company, and to enter into all such covenants, provisoes,
declara-
tions and agreements as the said CAWCHIC(t PAUL CRATER his executors,
administrators or assigns shall think fit and proper.

22. The rights, powers,,and privileges granted by this Ordinance
to the said CATCRICK PAUL CHATt,E, his executors, administrators, and
assigns, shall continue in force for twenty years to be computed from the
,date of the proclamation thereof. Provided always that the Governor in
Council may, from time to time, so often as the Governor in Council shall
think it expedient, by order, to be published in the Gazette, declare that
the .duration of such rights, powers, and privileges shall be extended for
any, further term or terms not exceeding ten years at a time, and there-
upon such rights, powers, and privileges shall continue in force for such
extended period.

Cessation, of 23. Upon the cessation of the rights, powQrs, and privileges
granted
powers,
by this Ordinance, it shall be at the option of the Governor in. Council
to,
purchase the, wharves and piers and works by this Ordinance authorised
from the said CATCHICK PAUL CRATER, his executors, administrators, or
assigns for a price which shall be exclusive of any allowance for past or
future profits of the undertaking, or any cornpensation for compulsory
sale, to be determined in case of difference by two arbitrators to be
nomi-
nated one by the Governor in Council,' and the other by the said CATCHICK
PA-UL CRATER, his executors, administrators, or assigns; and in case the
said arbitrators cannot agree, by a''n umpire to be agreed upon between
them. If the Governor in Council does not exercise the option to buoy
. within one month of such cessation as aforesaid, the said CATCHICK PAUL
CRATER, his executors, administrators, and assigns shall, at their own
expense; remove the said wharves send piers and works, and restore, the
site thereof to -its former condition, and in the event of their failure
to, do

ORDINAN0E No. 19 of 1s84.
ORDINANCE No. 19 of 1884.

Piers and Wharves (Chater's).

so within one year of the date of such cessation, it shall be lawful -for
the
Governor in Council to abate and remove the same, and restore the site
thereof to its former condition at the cost of the said CATCHICK PAUL
CRATER, his executors, aclihinistrators, or assigns, and the amount of
such
cost shall be a debt due to the Government, and recoverable against the
said CATCfiICIi PAUL CHATER, his executors; administrators, or assigns
.accordinaly.

24. Nothina in this Qrdinatice, otherwise than as specially enacted
;;;,,,.;,,' of
herein, shall be construed, to interfere in any way with a:ily existing
''~:;t~r~:
ribhts in the land on which the said wharves, piers or tramways are to be
constructed, or the lands or foreshore adjoining the sane, and the power
and privileges given by this Ordinance are so given, saving and reserving
always the ribhts of.Her Majesty, and of all bc-dies politic and
corporate,
and of all other persons and those clai-riiL1g by, from, and under then
except as herein otherwise prAided. ,

25, '.this Urdinanee shall corroe into force on a day to 17e proelainaed-
hy. the Governor.

Confirmation proclaimed 23rd September, 1884; (Gazette 27th of same
month),
but no time fixed thereby or by suLse,?acent proclamation for the eonziny
into force of
.the Ordinance.]
1821
Preamble.
Power to construct wharves and piers.
1822
Plans and specifications.
Alterations and additions.
Power to lay down tramways.
1823
Gauge of tramways.
Power to break up roads.
Completion of work and reinstatement of road.
1824
Penalty for not maintaining rails at their proper level and in good condition.
Lights.
Prevention of silting, &c.
1825
Proceedings on non-prevent of silting, &c.
Priority of use to Queen's ships.
Power to make rules and regulations.
1826
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
1827
Power to sell.
Power to demise.
1828
Power to mortgage.
Duration of Ordinance.
Cessation of powers.
1829
Saving of rights.
Commencement of Ordinance.

Abstract

1821
Preamble.
Power to construct wharves and piers.
1822
Plans and specifications.
Alterations and additions.
Power to lay down tramways.
1823
Gauge of tramways.
Power to break up roads.
Completion of work and reinstatement of road.
1824
Penalty for not maintaining rails at their proper level and in good condition.
Lights.
Prevention of silting, &c.
1825
Proceedings on non-prevent of silting, &c.
Priority of use to Queen's ships.
Power to make rules and regulations.
1826
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
1827
Power to sell.
Power to demise.
1828
Power to mortgage.
Duration of Ordinance.
Cessation of powers.
1829
Saving of rights.
Commencement of Ordinance.

Identifier

https://oelawhk.lib.hku.hk/items/show/463

Edition

1890

Volume

v3

Cap / Ordinance No.

No. 19 of 1884

Number of Pages

9
]]>
Mon, 22 Aug 2011 18:02:02 +0800
<![CDATA[PIERS AND WHARVES (JOHNSON'S) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/462

Title

PIERS AND WHARVES (JOHNSON'S) ORDINANCE

Description

ORDINANCE- No.: 18 of 1884.

lPiers and Wharves (Johnson's).

No. 18 of 1884.
An Ordinance to, authorise FRANCIS BULKELEY JOHNSON to-
construct piers jad wharves in the harbour of Victoria, and
to confer upon the said FRANCiS BULKELEY J01INSON
certain other powers and privileges. -

[12th [12tH June, 1884.]
Yreamblc. WHEREAS FRANCIS BULKELEY JOHNSON, of Victoria, Hongkong,
merchant, is desirous of constructing, with the consent of the
'Crown, piers and wharves in the harbour of Victoria, for purposes in
relation to the loading, discharging, and storing of cargo; And whereas
the said FRANCIS BULBELEY JOHNSON has applied to the Government of
the Colony, to confer upon him the necessary powers for carrying out
tie construction of such piers and wharves, by means of a Public Ordi-
nance, and it is expedient that such an. Ordinance should be granted to,
the said FRANCIS BUIrKELEY JOHNSON, under and subject to the conditions,
restrictions and provisions hereinafter contained : Be it therefore
enacted
by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :---
z>awEr to 1. It shall be lawful for the. said FRArrcis BULKELEY JOHNSON
his.
,-construct
1---Wharves And.executors, .administrators or assigns, to construct and
maintain for his.
r1~rs. and their exclusive use, wharve'a between high and love-water mark,
and
piers extending into the harbour of Victoria at and from any part or
parts,
of that portion of the public Praya which lies directly opposite to the
pieces or parcels of ground registered in the Land Office of the Colony,
as,Marine Iso~s 95, M, 97 and 98 respectively, which wharves and piers
.and the,works in connection therewith authorised by this Ordinance are
,hereinafter referred to as the undertaking
Plans. and 2. The said wharves and piers shall be ^ constructed in
accordance
with :plans arid specifications to be approved by the Governor in Council
and shall be so constructed as to secure that the free passage of vessels
along the harbour is not unduly interfered with.

3. The Said FRANCIS BULKELEY JOHNSON his, executors, administra-
tors or assigns may, from time to, time, make.any alterations in, or addi-
ction's to,: the said wharves aid- hers, provided the same be in
accordance
with plans and specifications to- be approved by the Governor in Council-

Alterations
andadditaons.
OIIDINA.XCE INO. 18 ,OF 188.

Piers and Orharres (Johnson*).

4. It shall be lawful for the said FR'A'NCIS Btu LICEnEY Joir,z,ox` his
rowe, tk,
executors, administrators or assigns, from till,(, to tinie to lay doWu,
tminway.,
maintain, and renew sunken and overhead t.rarn'vvays, ®r either al` such
tramways from the piers and wharves, acro,~s tire I'cthlic Prazya connect-
ing the wharves and piers with the premises of the said FRANCIS Buz,KE.
Lr.Y JawTso-.r his executors, administrators or rassi(,rnx situated. ors
the
Avarine Lots aforesaid or adjbining the same. I'rav icl(A that all such
tramways shall be laid in accordance with :a specification to be approved
by the Governor in Council, and that the laying and ruairitr~inithereoF
and the necessary works in connection therewith shall bo candrrcd its ,
such manner, and subject to such conditions a s the Surveyor General for
the time being may require.

5. The said FsANCcs BcrnrEnlarJouvsa.-; his e-zecutors, administrators
or assigns shall cause to be affixed on the said vlzarves and piers, and
to lie
exhibited from sunset to sunrise, such 1i,~1 is us the Harbour Nlaster
rrlay
from time to time direct. ~ r

i

6. The said FtznN-Ccs BUz.hEr.ET JOHNSON ears executors, adirzrnrsfira'
t1~s~'~.rxt,~,t,
torn or assigns shall take such measures as the Governor in Council may
require to prevent silting or the accumulation lof mud, sand, car other
matter around the wharves and piers; and shall con Form~ta such reulu-
tians as the Governor in Council may deem it expedient to make from
time to tune for the purpose of prevent?ng obstruction to the tragic of
the. f'raya.

7. In the event of the said FRANCIS BuLxrr.~:YaottxsaN his executors,
~
administrators or assigns marina default in complying with the pravi-
,,'nti< mn,yro~

. i s . Silting, k'4t'.
signs in the last preceding section relaling to the pr~`ventrou of
szltrrrg, or
accumulation of mud, sand, or other matter arourrdr the wharves or biers,
the Governor in Council, if satisfied after due enquiry made that the said
FRANCIS BITLKELEY JoHrrsox 'his exeCutors, administrators or assigns,
has or have been guilty of the alleged default, shall make nn antler to he
served on the said Fa.Arrezs*BULKELEY Jozzzvfisox hip executors,
aclrnini:~tra-
tors or assigns, limiting a time for tine perf`orznapcc of his or their
duty
in tat behalf, and if such duty is not performed lay the titn:c limited by
the order, the Governor in Council shall appoint some person or persons
to perform the same, and shall by order direct that the expensesi of per^
forznin; the same, together with a reason*lbl& remuneration to the person

or, persons appointed for superintending such performance, and amount-
ORDINANCE No. 18 of 1884.

Piers and Wharves (Johnson's).

w

'Priority of
use to Queen's
,hips.

ing to a sum to be specified in the order, together with the costs of pro-
ceedings ( if any) shall be paid by the said IintAr cIS BULKELEY JOHNSON

his executors, administrators or assigns, and any order made for the pay-
ment of such expenses IN costs may be removed into the Supreme
Court, and may be enforced in the same manner as if the same were an,
order of such Court.

8. All vessels belonging to, or engaged in the service of Her. VI
jesty's Government shall have priority of use of the wharves and piers at
the ordirkaty current rates for mercantile vessels, without prejudice to
the rights of other vessels actually using the wharves or piers, and alt
other vessels shall have the right of using the wharves and piers at the
current rates in order ,~of priority of application subject nevertheless
to
any rules and regulation, which may be made under the provisions of
section 9 of this Ordinance. '

Powers to 3. It shall be lawful for theLEY JOHNSON
his

make rules ..
anal regnla- executors, ad1n1n1FatratOZ'S or assigns, from* t1W t0 time
to make such
males and regulations as may be necessary for the use and due mainten-
ance of the wharves and piers and tramways in connection therewith.
Provided always that no such rules and regulations, nor any repeal or
variation thereof, shall come into force until the same shall have been
ap-
proved by the Governor in Council, and shall have been -published in the
Gazette.

Penalty for
breaCh.Of
rules. and '

10, Every person who shall commit a breach of any of ibe rules
and regulations made in pursuance of this Ordinance, shall, on summary
conviction thereof before a Magistrate, be liable to a fine not exceeding
4.fty dollar s. ''

Proof of rules 11. In all proceedings before any Court, the rules and
regulations
and reguln,-
ti<~r~.s,

vn force for the time being under. this Ord~nance, shall be sufficiently
proved by the production of a copy of the Gazette in which the same shall
be published and contained.

12. If the said Fr,ANcjs I3t;DKirLEY JOIiNSONhis executors, administrri-
tors or assigns shall fail to make or vary such rules and regulations,.
aF, in
the opinion of the Governor in Council are requisite for the protection of
the rights of the inhabitants of the Colony, and for the prevention of
injury to navigation, the Governor in Council shall make an order to be
served upon the said FRAl`czs BL`LKELEY JOHNSON his executors, admin-

GaVBL'1101' in
Council may
make rules
rind reaula-
tiatts in=
certain. event.
ORDINAN,C.E No. 18, of 188,4.

Piers and Wharves (JoAnsows).

nistrators or assigns, limiting a tune for tile rnakinm or varyin,of such
rules and rejvlations, and if such rules and regulations are not made or
varied by the time prescribed in such order, the Governor in Council may
map.` or nary such rules and regulations, wlJidi 'when made, or varied,
and published in the Gazette, shall have the same force and effect as if
tliey~ were specially enacted herein.



13. The said h'rLwcls 13L'LZiFLEY JoFrVSO.-Lt his executors, adminis-
trators or assigns shall, from tune to time, cause to be painted on
boards,
or to be printed and attached in lame and legible ,characters-in English
and Chinese, a statement of the rules and regulations in force and a lisrt
of the several rates for the time being payable and shall cause such
boards
containing such statement and list to be fired on some conspicuous part
of the wharves or piers and no rate shall be payable during such tin-re as
such list is not so ^fftaerl nor shall any .rats not specified in such
list be
payable. Provided that if any ouch statement or list be destroyed, in-
jured or obliterated the rates .shall continue payable dLZ.rin~ such time
as
may be reasonably requirvd for the reatoratiotl or reparation of such list
in the same manner as if 'such statement and list had continued affixed
and in tile state required by this Ordinance.

1$. If at any time before the completion of the works, the said,
FRANCIS BULKELEY JOHNSON his executors, administrators or assigns shall
fail to proceed therewith for a period of ix months, ox after the comple-
tion thereof shall diszz5e the same; or any part thereof for six months,
without affording to tile ~Governor in Council some satisfactory reason
for the discontinuance or disuse of the said works, (as the aape may be),
it shall be lawful for the Governor in. Council to mate a,w! remove the
same, and restore the site thereof to its former condition at the cost of
'the said Ii'1;.ANCrs BULICCLEY JormsoN his executors, administrators or
assigns, and the amount c~f such cost shall be a debt due to the Govern-
ment, and recoverable against the said h'n,A~Tcis hLTLKL:LI:Y JOHNSON his
executors, administ.rntorg or assigns accordinbly.

1'~J' . Subject to the approval of the Governor in Council being first
Power ro gell-
ol.4tained (but not otherwise), tile said FinNCrs 'BULKELEY JOHNSON, his
executors, administrators or assigns, may at any tune, and from tune to
time sell, assibn or absolutely dispos' of the undertaking or any dart -or
parts thereof, to such person, corporation, car company, by. public
auction,
or private contract or partly by public auction and .partly by private
con-

1817

pules and

repulations h,-
be palnted
and eahit-

Power to
Governor iii
Council to
abate and
remove works
ita certain,
events.
ORDINANCE 'N~.. ~ 18 0F^ 1884.

Power to
mortgage.

.Piers and Wharves (Jrohnson's).

tract; and with, under and subject to such terms and conditions in all
'respects as the said FRANCIS 13uzKFZ.rY JoHNsorr his executors, adminis-
trators or assigns shall think fir, with power at any such sale to fix a
reserve price for, or buy in-the same, and when ally such sale,
assignment,.
,or absolute disposal has been made, all the rights, powers, authorities
obligations and liabilities of the said Ii'RANcls I3ULKELEY JoHNso,.~- his
executors, administrators or assigns in respect to the undertaking or pact
or. parts thereof sold, assigned or absolutely disposed of, shall be
transferred
to; vested in, and may be exercised by, and shall attach to the person
'or persons, corporation, or company.to whom the same has been sold,
assigned or absclutely disposed of, in like manner as if the undertaking
or part or ,parts thereof, sold, assigned or absolutely disposed of, was
or
were constructed by such person or persons, corporation, or company
under the powers conferred-upon him or them by this Ordinance, and in
reference to the same he or they shall he deemed to be the said FRANCIS
BUZaKELEY JOHNSON his executors, administrators of assigns.

16. Subject to the approval of the Governor in Council being first
obtained (but not otherwise), the said FRANCIS BULKELEY Jozz:~soN his
executors, administrators- or assigns may, at any time and from time to
time demise theirundertakinbs or any- part or parts- thereof, to such
person,
corporation, or company, for such term or terms of years, or from year
to year, or for any^less period, aced fur such rent or rents, and upon
such
terms and conditions in all respects, as the said FRANCIS BULKELEY
JnI3NSU\ his executors, administrators or assigns shall think fit to
adopt,
to take effect either in possession or reversion, and either with or
without
a vpremium, :nr premiums, as a consideration or considerations for such
vAEmise or demises. .

17. It shall be lawful for the said FRANCIS 1)ULKELFY JOIiNSOV his
executors, administrators or assigns, from tune to time, and at any time
to borrow money on mortgage of all or any part of his undertaking, and
for that 'purpose to assign or demise by, way of mortgage, all or any
portion of the said wharves and +)iers to any person or persons, corpora=
tion, or company, and to enter into all such covenants, provisoes,
declara-
.tions and agreements as the said FRANczs BULKELEY JOHNSON his
executo-rs, administrators or assigns shall think fit and proper. .

' 1$. 'r-he .rights; powers,,aanthprivileges granted by this Ordinance to
the-°saidT$ATOISWULKELEY, JOHNSON his executors, admi_inis-trators .and
.OPDINANCE No. 1&,orI884.

`Piers and TYIeames (T©hnson's). ^

F

assigans, shall continue in force for twenty years to be computed f~ain
the
date of the proclamation thereof. Provided always that the Governor in
Council may, from time to time, so often as the Governor in Council shall
think it expedient, by order, to be published in the Gazette, declare that
1lae duration of such rights, powers, and privileges shall be extended far
any further term or terms not exceeding ten yearn at a time, and there-
upon such rights, powers, and privileges shall continue in force for such
extended period.
19. Up,-,n the cessation of the r iglots, powers, and privileges granted
cn,.ita»n of
by this Ordinance, it shall be at the option of the Governor in Council -
to to purchase tl-re wharves and piers and works by this Ordinance
authorised
from the said h,RANcis 1Wr,hrLrY JOHNSON, his executors, administrators,
or assigns for a. price which shall be exclusive of any allowance for past
or future profits of the undertaking, or any compensation for compulsory
sale, to be determined ,irr case of difference by two arbitrators to be
nominated one by the Governor in Cor.incil, and the other by the said
FRawcrs BuzhcLLY JOI3Na0N, his executors, administrators, or assigns;
and in case the said arbitpators cannot agree, by an umpire to be agreed
upon between them. If the Governor in Council does not exercise the
option to buy within one month of such cessation as aforesaid, the said
FRANCIS BULIiELEY JOHNSON, his executors, administrators, and assians
shall, at their own expense, remove the said wharves and piers and works,
,Ind restore the site thereof to its former condition, and in the event of
their failure to do so within one year of the date of such cessation, it
shall
be lawful for the Governor in Council to abate and remove the carne,
and restore the site thereof to its former condition at the cost of the
said
FR ANCIS BLTLKLLEY JOHNSON, his executors, administrators, or assigns,_
end the amount of such cost shall be a debt due to the Government, and
recoverable against the said FRANCIS I3ULKrmE~.T JOHNSON, his executors,
administrators, or assigns accordingly.

20. Nothing in this Ordinance, otherwise than as specially enacted
herein, shall be construed to interfere in any way with any existing
rights
in the land on which the said wharves c;~ piers. are to be constructed, or
the-lands or foreshore adjoining the same, and the powers and privileges
'liven by this Ordinance are so given, saving and reserving always the
rights of Her Majesty, and of all bodies. politic and corporate, and of
all
other persons and those claiming by, from; and under them except as
herein otherwise provided.

savin~- of
ORDINANCE No. 18 of 1884.

Piers and Wharves (Johnson's).

2-1. This Ordinance siwll come into force on a day to be proclaiLneci

arm.rit of
untirl'tr~c.a.by the Governor.

NOTE.--Conformation proclrzinzed 23rd Septenzber, 1884, but no
proclamation as to the
day for the coming inl'b operation of the Ordinance has been _gazetted.]

Rules and regulations 7nade by Messrs. fardine, 1VLztlaeson d; Co., the
Assignees of
Francis Bullceley Johnson, .Esquire, pursuant to sections 9 and 10 of
Ordinance 18
of 1884, and approved by the Governor in Council the 24t1a September,
1885.
Gazette 26th of the same month.]

JARDINE, MATHESON & Co.'s PIER.

1. Vessels will be allotted berths at the pier in the order in which
application
therefor may have been mule at the office of the General Agents.

The proprietors ur~dertake no responsibility. for any damage that may, be
sustaine:l by a vessel while coning alongside the pier or leaving it; but
they will
provide every assistance in their power to the vaster, and have men in
attendance to
run out and let go lines, shove off, &c!, and a boat will always be
available for running
lines to the buoys.

3. Every vessel that shall come into collision with the pier, or
otherwise injure
it, whether in consequence of the incompetence or carelessness of the
pilot, master,
or, officers, or from any other' cause, shall b© responsible for the
repair o£ the damage.

4. Masters or commanding officers shall rig in the jib and spanker booms
of'
their vessels, while alongside the pier, on being required to do so by
the wharfinger.

5. No sails may be left loose at night on board any vessel, while she is
alongside
the pier, and, if any should be loose during daylight, the master or
commanding -
officer shall store them on being required to do so Ly the wharfinger.,

6. The master or commanding officer o£ any vessel alongside the pier,
shall shift
his berth irrimediately on being required to do so by the wharfinger.

7. The discharge of every vessel shall comtuend4e - immediately on her
arrival at
the pier, and be continued, with all possible despatch, daily from sun
rise to sun set,
until it shall have been completed. . Any delay that may arise in
proceeding with tie

discharge, from want of ballast, labpur, or from app other cause, for
which the master,
owners, or agents may be responsible, shall subject tie vessel to an
additional charge,
ov ~r. and above the tariff rate for wharfage, of dollars twenty-five
($25.) for the first

day; and dollars twenty-five ($25.) per dap for each subsequent day she
may be detained.

$: On the completion of the .discharge of cargo, the master or commandi'na
officer of every vessel must remode her from the pier immediately. If
there should
be guy delay, an additional rate will be levied, over and above the
tariff rate, of dollar

twenty-five (825.) for the first day, yd dollars twenty-five ($25.) per
day for each
subsequent day, she may be permitted to remain.

9. No ashes, dirt or other refuse''shall be thrown overboard from any
vessel while
she may he alongside the pier.
ORDINANCE No. 18 of 1884.

Piers and Wharves (Johnson's).

10. No persons not in the employment of the proprietors, nor belonging to
vessers alongside the pier, shall be allowed to walk or be on the bier,
without the
licence of the wharfinger.

11. No wab ;ors, carriages, carts, trucks or other co..veyances shall be
taken on
to the pier without the licence of the wharfinger.
12, No nuisance shall be committed on or about the pier.
13. Masters or commanding officers shall be held responsible for the
crews and
workmen employed on. board their respective vessels and for any
infringement by
they of the foregoing rules and regulations.
14. Every person who shall commit a breach of and of the foregoiag _ ales
and
regulations shall, on summary conviction before a Magistrate, he liable
to a fine of
not exceeding dollars fifty ($50.).
1814
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
1815
Power to lay down tramways.
Lights.
Prevention of silting, &c.
Proceeding on non-prevention of silting, &c.
1816
Priority of use to Queen's ships.
Powers to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations in certain event.
1817
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
1818
Power to demise.
Power to mortgage.
Duration of Ordinance.
1819
Cessation of powers.
Saving of rights.
1820
Commencement of Ordinance.
1821

Abstract

1814
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
1815
Power to lay down tramways.
Lights.
Prevention of silting, &c.
Proceeding on non-prevention of silting, &c.
1816
Priority of use to Queen's ships.
Powers to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations in certain event.
1817
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
1818
Power to demise.
Power to mortgage.
Duration of Ordinance.
1819
Cessation of powers.
Saving of rights.
1820
Commencement of Ordinance.
1821

Identifier

https://oelawhk.lib.hku.hk/items/show/462

Edition

1890

Volume

v3

Cap / Ordinance No.

No. 18 of 1884

Number of Pages

8
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