PUBLIC GAMBLING AMENDMENT ORDINANCE, 1876

Public Gambling.

No. 9 of 1876.

An Ordinance to consolidate and amend the Law relating to
Public Gambling.
[ 11th December, 1876.]

WHEREAS it is a.Npedient to consolidate and amend the law rela:in(r
to public gambling: a . Be it enacted by the Governor of Hona'akonrr
~,
Wiih the advice of the Lewislative Council thereof, as,follows :---

`1. `this ordinance may be cited for all purposes as the'Pubhe
Gambling Anlerldment Ordinance, I876.'

2; 'the word 'Galtabling' as used in this Ordinance shall apply, to,
and include lotteries, as well as those known as Wai-sing, I'ak-kop_piu,
Tsz-fa, as all others.

3. Any person who shall hcep any office, agency, or place for dealing a
'lotteries; -
shall forfeit a sum riot exceeding two hundred dollars on conviction
thereof in a
,summary manner. 'Repealed by Ordinance No. 27 of 1888, and newsection
subsiiluted.]
7777--

0 P DINANC L No. 9 of 18 76.

Public Gambling. .

4. Any person who shall beep any house, room, or place, boat, vessel, or
any
place on lend or water, for public playing or gambling, or shall permit
any person'to
play within such house, room, boat, vessel, or any place on laid or water
as aforesaid,
shall forfeit a sunz not exceeding two hundred dollars on conviction
thereof in a
summary manner. [Repealed by Ordinance -No. 27 of .1888, avd new section
substituted.]
5. Any person who shall use, haunt, or be found within such house,.room,
boat,
vessel, or any place on land or water as aforesaid, shall forfeit a suns
not exceedin7
fifty dollars on conviction thereof in a summary manner., [Repealed by
Ordi?lance No.
,27 of 1888, and new section substituted.]

6. The person appealing, or acting as master, or as having the care and
nnanage- Person acting 11,
master to be
rnent of any such house, room, office, agency or place as aforesaid,
shall be taken to be ilaa>>leto penalty.
[lbid,sec. 3.]
the keeper thereof, and shall be liable as such to the penalty aforesaid.
[Repea.led by

Ordinance No. 27 of 1888, and new sectionNubstituted.]

7. It shall be lawful for any Justice of the Peace or constable of
the Police, duly, authorised by warrant of any Justice of the Peace, to
enter, and if necessary to break into any house, room, boat, vessel, or
any
place, either on land or water, within which such: Justice of the Peace
shall be credibly informed on oath, or shall have reasonable grounds of
his own knowledge to suspect and believe that public gaming or playing
is or has been' commonly carried on, and to arrest [all persons within
such
house, room, or place as aforesaid: Repealed bk Ordinance No. 2 7 of
1888 and new words substituted] and to seize all tables, dice, or other
implements of gambling, or which shall be used as such, and also all
monies or securities for money which shall be in actual use for the
purpose
of gambling,,and 'fhich said implernent_s of gambling, and money, or
securities for money, on conviction of the offender, shall be, and they
are
hereby declared to be forfeited to, Her Majesty's the Queen, Her Heirs
:and Successors.

$. The provisions of sections 17, 18, and 19 of Ordinance No 7 of
1866 shall apply to this Ordinance, and for the words 'No. 14 of 1844'
in section- 17 of the said Ordinance hereinafter repealed,, shall be
substituted, tie number of this Ordinance.
r
9. The following Ordinance and portions of Ordinances are hereby
repealed :---.
No. 14 of 1844, : the whole.

No. 7 of 1~8 6 6, .. . . . . . . . . . section 17, the w ord s .
' No. 14 of 1844.'
No. 9 of 1867, sections 18, 19, 20,
3 and 21.

148

Penalty nn

person keeping- ae

pnblic gambling
house.
[See Ord. 14 of

3'ennlty on
persons h zznnting.
gambling hawses,
[.Ibid, sec. 2.] .

Justice of the,
Peace or Cuiz=
stable atatho-:
risec[ by war-
mnt to ente~

into house.

and sere im-
plements of
gambling, -
money, &c.,
which shall
be forfeited:

Clhita, sec. i.;

Provisions of

aces. 1.7, 18,
19, of Ord. 7 ,
of 1866 to
ORDINANCE No. 9 of 1876.

Public Gambling.

but such repeal shalli riot affect anything daly done before the passing of
this Ordinance.
10. All penalties herein mentioned shall be recovered, and levied,
on conviction of the offender, before any Magistrate of Police, or any two
Justices of the Peace, in the. manner provided by Ordinances No. 10 of
1844, and No. 7 of 1866.
1432

Title.
Preamble.
Short title.
Word 'Gambling' to include lotteries.
[See Ord. 9 of 1867, sec. 21.]
Penalty on person dealing in lotteries.
1433
Penalty on person keeping a public gambling house.
[See Ord. 14 of 1844, s. 1.]
Penalty on persons haunting gambling houses.
[Ibid, sec. 2.]
Person acting as master to be liable to penalty.
[Ibid, sec. 3.]
Justice of the Peace or Constable authorised by warrant to enter into house, and seize implements of gambling, money, & c., which shall be forfeited.
[Ibid, sec. 4.]
Provisions of secs. 17, 18, & 19, of Ord. 7 of 1866 to apply.
Repeal.
1434

Penalties to
be recovered
according to
the provisions
of Ord. N. 10 of 1844, and No. 7 of 1866.

1432

Title.
Preamble.
Short title.
Word 'Gambling' to include lotteries.
[See Ord. 9 of 1867, sec. 21.]
Penalty on person dealing in lotteries.
1433
Penalty on person keeping a public gambling house.
[See Ord. 14 of 1844, s. 1.]
Penalty on persons haunting gambling houses.
[Ibid, sec. 2.]
Person acting as master to be liable to penalty.
[Ibid, sec. 3.]
Justice of the Peace or Constable authorised by warrant to enter into house, and seize implements of gambling, money, & c., which shall be forfeited.
[Ibid, sec. 4.]
Provisions of secs. 17, 18, & 19, of Ord. 7 of 1866 to apply.
Repeal.
1434

Penalties to
be recovered
according to
the provisions
of Ord. N. 10 of 1844, and No. 7 of 1866.

https://oelawhk.lib.hku.hk/items/show/361

DEPORTATION AND CONDITIONAL PARDONS CONSOLIDATION ORDINANCE, 1876

ORIDI~ITANCL N0, 8 Oh` 1816.

Deportation and Conditional Pardons.

No. 8 of 18'6.

An Ordinance to consolidate and amend the Ordinances relating to nti,.
Deportation, Conditional Pardons, the I3randiny and Punishment of
certain Liirninals, and the Ordinance ,NTo. 9 of 1 857, entitled ' ,fin
amended Ordinance for better Securing the Peace of the Colony.'

C l .l th December, .l 8 i 6.

WHPDREAS if is expedient to consolidate-and amend the enactments nary in
force
in this Colony in reference to deportation, conditional pardons, the
branding
and punishment of certain criminals, and Ordina,nce*Wo. 9 of 187 entitled
'An
amended Ordinance for better securing the peace of the Colony;' Be it
enacted by
the Governor of Hongkong, with the advice of the Legislative Council
thereof, as

follows:-

Preamble.

1. This Ordinance may be cited for all purposes as ' The Deportation and
sm>rt title.
r
Conditional Pardons Consolidation Ordinance, 18iG.'

2. In the construction of this ordinance, the,expression ' order of
deportation

.Interpretation

shall mean an order of the Governor in Couilcil, prohibiting a person
from residing or tree Ord. 4 or

1871, see. 1s

being within this Colony,`for a term not exceeding five years.

3. Any Justice of the Peace may lawfully arrest, or cause to ale
arrested, with or
without warrant, any person whom he shall reasonably suspect to be an
emissary or
abettor of Her Majesty's enemies, or of pirates, or of Chinese
disaffected to Her
Majesty's Government, or otherwise dangerous to the peace and. good order
of this
Colony, and him safely keep until lie can be dealt with according to law.

4. Any Magistrate, or Justice of the Peace may cause ally Chinese person
to find
reasonable security for his appearance in any Court for any purpose, and
at any time
within twelve months, and every adjudication to that effect shall be made
in open
Court, and reported forthwith to the Governor; and such Chinese not
finding such
security shall be deenied a person dangerous to the peace of the Colony,
and be liable
to deportation under section v of this Ordinance. .`

5; The Governoz~ in Council may, by order under his hand, prohibit any
person

Power to arrest
and keep
suspected
emissaries or
abettors of
enemies.
(See Ord. 9 of
1857, see. 6.1

Security- to
appear within
twelve months-
[See Ord. 8 of
1858, see. 21.1

not being a natul^zl. born or naturalised subject of Her Majesty from
residing or being
within .this Colony during any space of tine not exceeding five pears,
and may by the
game orand-.'subsequent-order under his hand, fix the time for ,the
departure of such
per-s'on from the -,Colony.'

~very person who eit4er before or after the passing of this Ordinance
shall
b:ave:beeil.,pohibited lay older of the Governor in Council from
;residing or being
within this` Coloriyfor any space of time not exceeding five years under
the provisiox`ks
of this or-guy ©ther Ordinance, and who without lawful authority or
excuse, the proof
of which, shall-lie upon him, shall ~be in this Lolouy after the date of
.scl<ch order, or

Power to deport
for five years.
[See Ord. 9 of
18:.7, see. 7,-and
Ord. 4 of 1¢71,
see. 2.]

Penalty for
disobedience to
or violation of
order of
deportation. .
[See Ord.--4 of
1871, see. 3.1
.O71DINA-NCE No. A3 of 1~s76.

Deportation and Conditional ,Pardons.

after the time fixed for his departure, acid before the expiration of the
term of his
deportation, shall be guilty of a misdemeanor, and upon conviction
thereof before the
Supreme Court, shall be liable to imprisonment, with or without hard
labour, for any
period not exceeding one year: Provided always that in all cases in which
the prisoner
when brought before a Magistrate upon such charge shall plead guilty
thereto, it shall
be lawful for the Magistrate to deal summarily with the case, instead of
committing
the prisoner for trial at the -Supreme Court.

-Governor may 7. =t shall be lawful fo>!.the Governor to grant to any
offender convicted of any
grant pardon

=t to condi- crime a pardon subject to either of the following conditions,
as the case may be: That
-of offenders

leaving the such offender shall quit the Colony and nut afterwards be
found at large therein; or
Colony.
(see Ord. I or that such offender shall, in lieu of a sentence of death
which may have been passed
1860, sec. 1.1
upon or recorded against him by any Court ofcompetent jurisdiction,
suffer such term
of imprisonment, with or without hard labour, or penal servitude, .as the
Governor
may think'fit.

Breach of 8. If any offender to whom a pardon shall have been granted
either before the
conditional
Taraon. passii^b of this Ordinance, or afterwards under the provisions of
this Ordinance, on the
~e Ord. 6 of
r1, sec. 2.] condition of his quitting the Colony, b© afterwards found at
large therein without law-
ful authority ox excuse, the proof whereof shall lie upon him, he shall
be guilty of a
felony or of ,a misdemeanor, according to the nature of the offence for
which he shall
have received such conditional pardon, and shall, on conviction thereof
before the
Supreme Court, be liable, imthe discretion of the Court, to any sentence
not exceeding
the whole of his original or commuted sentence, such sentence to commence
from the
date at which he shall be tried and convicted under this Ordinauce:
Provided always
that in all cases in which the prisoner when brought before a Magistrate
upon such
charge shall plead guilty ~thEreto, it shall be lawful for the Magistrate
to deal sum-
marily with the case, and to remit him to gaol to undergo any sentence
not exceeding
the whole of his original or commuted sentence, instead of committing the
prisoner for
trial at the Supreme Court.

Branding iwvhat 9. In all cases where any Chinese person convicted of any
crime and actually
cases may be .
ordered by undergoing sentence of imprisonment, may voluntarily petition
the Governor to be
Governor. .
(See Ord. 4 of ` , :released on condition that he shall be sufficiently
marked or branded, to be thereby
1872, sec. 1.1
recognised subsequently, and shall also undertal;e to quit the Colony and
not return
thereto without permission from the Governor, it shall be lawful for the
Governor to.
order any convict so petitioning as aforesaid to be marked and branded,
accordingly -.
Provided, nevertheless, that every such convict so petitioning, shall
state in his petition
13is willingness to leave the Colony, and, if found therein subsequently
without due
permission, to be dealt with as the law may direct. '

-Governor fn IO. In all cases when it seems expedient that any prisoner
convicted of any crime,
epnt prisoners. and actually undergoing sentence of imprisonment should be
released and deported,
it-shall be lawful for the Governor in Council to order such prisoner to
be departed.
ORDINANCE No. 8 of 1876.

Deportation and Conditional Pardons.

11. .Every convict so deported as aforesaid, and nevertheless returning
to the
Colony, shall be liable, on conviction thereof before a Magistrate, to
undergo the re-
mainder of his original sentence, and also, if a male; and if convicted
subsequent to
his return to the Colony of any felony or other crime which the Court
sentencing such
convict may consider to be so brutal, inveterate, or.mischievous as to
justify extraor.
dinary measures, shall be liable to be once or twice publicly or
privately flogged with
the regulation instrument: Provided that not more than thirty-six lashes
be inflicted
on any one occasion. - - . r

12. Regulations- defining the mode of branding under this Ordinance shall
be I.legnlations a'
to mode of
framed by the Governor in Council, and may be altered and amended, from
time to branding to be .

framed by
Governor in
Council.
[See Ord. 4 of
1672, sec. 3.7

13. It shall be lawful for the Governor in Council, if he shall think
fit, to- issue
a new order of deportation against any person who shall have been
convicted of an
offeilce against section 6 of this Ordinance, and such order shalf
commence to take
effect during or at the expiration of any terns of imprisonment to which
the prisoner
shall have beep sentenced.

14. It shall be lawful for the Governor in Council, if he shall think
fit, to issue
an order of deportation against any person who shall have been convicted
of an offence
against sections 8 or 11 of this Ordinance, and such order Oall commence
to take effect
during or at expiration of any term of imprisonment to which the prisoner
shall have
been sentenced. .

16. Any person convicted before a Magistrate of mendicancy in this Colony
shall
be liable to a fine not exceeding five dollars, or ~n default thereof, to
imprisonment,
with or without bard labour, not exceeding twenty-one days, or, in the
discretion of
the Magistrate, shall be liable to be whipped thirty-six strokes with a
rattan, and be

sent to his native place. -

16. All persons affected with leprosy are hereby prohibited from residing
or being Lepers to be sent Chinese
v6thin the jurisdiction of this Colony, and all lepers natives of China
found in the authorities.
,jurisdiction shall be apprehended, and, subject to the order, of the
officer for the tiale
being in command of the. Police, be liable to be forthwith sent to
Canton, and there
handed over to the Chinese authorities, and on being found within this
Colony lh second
time, shall: be liable to deportation by order of the Governor.

1'7: Any person who shale knowingly harbour or conceal, in the Colony of
Hong.
kong; any .person under sentence of deportation, shall, on conviction
thereof before
a Justice of -the Peace, be liable to a fine not exceeding fifty dollars,
or in default of
payment, to be imprisoned, with or without bard labour, for any term not
exceeding
six'months:

1431

Branded convicts
when liable to
flogging on
return to Colony.
[See Ord. 4 of
1372, sec. 2.3

time, by the same authority.

Prisoner may be
deported again
CSee Ord. 4 of
1871, sec. 9 J

Prisoner re-
turning after
conditional
pardon may bd
deported.

Mendicancy
forbidden.
[See Ord. 8 of
1858, sets. 23 and
28.1

Penalty on
persons know-
ingly harbouring
Chinese under
sentence of
deportation.
(See Ord. 9 of
1887, sec. 17.1
ORDINANCE No. 8 of 1876

Deportation and Conditional Pardons.

18. The following Ordinances and parts of Ordinances are hereby repealed:-
0

14 of 1845,-Section 2, sub-section *17, the words 'shall beg,' &c., &c.,.
&c., up to 11 alms or,'
9 of 1857,-All sections not previously repealed.
8 of 1858,-Sections 21 and 23, and sub-section 9 of section 28. .
1 of 1800,-The whole.
9 of 1867,-Section 17.
» .4 of 1871, `
6 of 18711, The whole.
4 of 1872,
but such repeal shall not revive apy enactment repealed by any of the
said Ordinances
or sections of Ordinances, and shall not affect anything duly done
before-the passing
of this Ordinance. `'

19. All acts done or attempted before the passing of this Ordinance, and
which
would have been lawful if so done or attempted after the passing thereof,
are hereby
authorised and inacTQ valid, and no man shall at any tune hereafter be
called in question
for o'h in respect of the same.

20. This Ordinailce shall not cone into operation until Her Majesty's
confir~
mation thereof shall have been proclaimed in the Colony by the Governor.

-A'ever coi~firmed, see <,: 0. D. No. 51, 18th Inlay, 1877. Repealed by

A ordinance 1'0. 8 of 1881.] . r
1429
Title.
Preamble.
Short title.
Interpretation clause.
[See Ord. 4 of 1871, sec. 1.]
Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
Security to appear within twelve months.
[See Ord. 8 of 1858, sec. 21.]
Power to deport for force years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience to or violation of order of deportation.
[See Ord. 4 of 1871, sec. 3.]
1430
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. 1 of 1860, sec. 1.]
Breach of conditional pardon.
[See Ord. 5 of 1871, sec. 2.]
Branding in what cases may be ordered by Governor.
[See Ord. 4 of 1872, sec. 1.]
Governor in Council may deport prisoners.
1431
Branded convicts when liable to fogging on return the Colony.
[See Ord. 4 of 1872, sec. 2.]
Regulations as to mode of branding to be framed by Governor in Council.
[See Ord. 4 of 1872, sec. 3.]
Prisoner may be deported again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon may be deported.
Mendicancy forbidden.
[See Ord. 8 of 1858, secs. 23 and 28.]
Lepers to be sent to Chinese authorities.
Penalty on persons knowingly harbouring Chinese under sentence of deportation.
[See Ord. 9 of 1867, sec. 17.]
1432

Repeal.
Indemnity for past acts.
Suspending clause.

1429
Title.
Preamble.
Short title.
Interpretation clause.
[See Ord. 4 of 1871, sec. 1.]
Power to arrest and keep suspected emissaries or abettors of enemies.
[See Ord. 9 of 1857, sec. 6.]
Security to appear within twelve months.
[See Ord. 8 of 1858, sec. 21.]
Power to deport for force years.
[See Ord. 9 of 1857, sec. 7, and Ord. 4 of 1871, sec. 2.]
Penalty for disobedience to or violation of order of deportation.
[See Ord. 4 of 1871, sec. 3.]
1430
Governor may grant pardon subject to conditions of offenders leaving the Colony.
[See Ord. 1 of 1860, sec. 1.]
Breach of conditional pardon.
[See Ord. 5 of 1871, sec. 2.]
Branding in what cases may be ordered by Governor.
[See Ord. 4 of 1872, sec. 1.]
Governor in Council may deport prisoners.
1431
Branded convicts when liable to fogging on return the Colony.
[See Ord. 4 of 1872, sec. 2.]
Regulations as to mode of branding to be framed by Governor in Council.
[See Ord. 4 of 1872, sec. 3.]
Prisoner may be deported again.
[See Ord. 4 of 1871, sec. 4.]
Prisoner returning after conditional pardon may be deported.
Mendicancy forbidden.
[See Ord. 8 of 1858, secs. 23 and 28.]
Lepers to be sent to Chinese authorities.
Penalty on persons knowingly harbouring Chinese under sentence of deportation.
[See Ord. 9 of 1867, sec. 17.]
1432

Repeal.
Indemnity for past acts.
Suspending clause.

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REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1877) ORDINANCE

Revenue
Ordinance No. 7 of 1876.


An Ordinance to apply a sum not exceeding Eight hundred and Eight
thousand 1'wo hundred Dollars to flue Public Service of the Year
1877.

[16th November, 1876.]


WIIEREAS the expenditure required for the service of this Colony for the
year r'~'emnl~l~.
1877 has keen estimated at the sum of eight hundred and eight thousand two
hundred dollars and thirty-eight cents: Be it enacted by the Governor of
Hongkong,
with the advice of the Legislative Council thereof, as follows:-

1. A sum not exceeding eight hundred and eight thousand two hundred
dollars n5t;mace, , 187;.

shall be, and the same is hereby charged upon the revenue of this Colony
for the,
service of the year 18'7'7, and the said suns so charged shall be
expended as hereinafter
specified; that is tV, say:-

ESTABLISHMENTS.

Governor, . .................................... .......... ,

Colonial Secretary,
Colonial Treasurer,

Auditor General, ...........................

w
ClErk of Councils, .............
Stlrveyc-r General,

Postmaster Gene: al, ... ...... ............. .. ......... ................. .

2,'lUB.UU
3,176.00
3, 432.00
15,039.00
100.00
24,1'T 0.00
28,438.00

Carried f~rward, . $ 77.,063,00
ORDINANCE No: 7~ of 1876.

77,063.00

Registrar General, 11,314.00
Harbour Master, ............................................. 2'1,062.00

Collector of Stamp Revenue,, ................ : : 4,162.04
Judicial, ...... ......................... 21,00.00
Registrar of Companies, ............... ............... 192.00
Ecclesiastical, . , 1,158.00
Educational 17,436.00
Police Ma;istrates, 6,340.00
Police,
............................................................... 144,610.80
Gaol, , , 18,228.40
Fire 13rigade, 8,446.04
Government Gardena, . , 4,336.80

.Brought forwurd, . : $

TOTAL ESTAI3LTSIIMIrNTS, . $363,832.60

SIrItVICLS EXCLUSIVE 01'' ES7'~,13LISIIM6:IrTS.

Colonial '.l'reasurer, ..................... , ......... 1,500.00
Surveyor General,
.. ......................................................... 1,080.00
Postmaster General, 20,fi34.i8
Registrar G-oneral, , : .......... ,. ...... ............ ... 50.00
Judicial, . , , : : 200.40

' 4,620.04
19,424.4()
390.04
38,885.04
14, 120.40
2,000.00
4,000.00
.
4,500.04
141;540.04
49,220.0()
1,000.00
36,8Q0.00-

104,348.0U

Police Magistrates .
...................................................................

Works and lE3uildings, . ....... , .

Roads, Streets, and Bridges, : :

Miscellaneous Services, ............ , ,

Military Contribution, ........................ '

[R,epculnd by Ordinance No. 4 of 188T:]
1427

Title.
Preamble.
Estmates, 1877.

1427

Title.
Preamble.
Estmates, 1877.

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REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1875) ORDINANCE

Revenue.

No. 6 of 1876.

An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Fifty-five thousand Dollars to defray the Charges of
the Year 1875

[16th November, 1876.]

WHEREAS it has become necessary, to make further provision for the
,public
service of the Colony for the year 1875, in addition- to the- charge upon
the
revenue for the service of the said. year already provided for in the
estimates submitted
to the Legislative Council: Be it enacted by the Governor of Hongkong,
with the
advice of the Legislative Council thereof, as follows:--

Supplementary .
xatimates, zsr'). . 1. A sum not exceeding fifty-five thousand dollars
shall be and the same is hereby
charged upon the revenue of this Colony for the service of the year 1815,
the said sum so.
charged being~:expended as hereinafter specified ; that is to say :-

ESTABLISHMENTS.

Governor, ... ...... ...... . .......... : ... ... ... ........ ..... ......

I ire .Prigade, * ......................... : ........ : 1,811.08.

TOTAL ESTABLISHMENTS , $ 6,7$O.4$

1,555.24
4

2,414.1fi.
ORDINANCE No. 6 of 1876

Revenue.

SERVICES EXCLUSIVE OF ESTABLISHMENTS.

Surveyor General, ............................360.00
Police, .............................................1, 7 56.63
Charitable Allowances, .....................152.80
Works and Buildings, .........................25,923.92
Roads, Streets, and Bridges, ..............4,372.65
Lighthouses, ......................................3,001.93
Miscellaneous Services , ....................7,697.25
Land and House Purchased, 3,160.80
Military Contribution, ............ 1,905.54

TOTAL ExCLUSIVE or ESTABLISIIIFENTS, ... $48,331.52




A. .
1 oTaL, ..................... ............ 54,112.00
[Repealed ly Ordinance Aro. 4 of 1887.

1426

Title.
Preamble.
Supplementary Estimates, 1875.
1427

1426

Title.
Preamble.
Supplementary Estimates, 1875.
1427

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CHINESE EMIGRATION AMENDMENT ORDINANCE

ORDINANCE No: 5 of 1876.

Chinese Emigration Amendment.

No. 5 of 1876.

An Ordinance to amend the Law relating to Chinese Passenger Ships Title.
and the Conveyance of Chinese Emigrants.

26th April, 1 876.

WHEREAS by section 5 of ' The Chinese Emigration Consolidation Ordinance,
rrean,ble.
1874,' it is enacted ' that no Chinese passenger ship, except ships about
to
' proceed on a voyage of not more than thirty days' duration within the
meaning of
' section 8 of this Ordinance, shall clear out or proceed to sea, and the
emigration
' officer shall not grant the certificate prescribed by section 4 of `
The Chinese
' Passengers' Act, 1855,' unless the master of such ship shall be
provided with a licence
' under the hand of the Governor and the public seal of the Colony to be
obtained
' in manner hereinafter mentioned'; 'vand (paragraph 2 ) that it shall be
lawful
' for the Governor in Council, from time to time, to exempt from the
operation of this
' section, any mail steamers or other vessels which are subject to the
provisions of
' `The Chinese Passengers Act, 1855,' provided that the Chinese
passengers proceeding
'' in such vessels be free emigrants and under no contract of service
whatever'; and
whereas it is expedient that every Chinese passenger ship should be
provided with a
licence, and that the fee chargeable upon such licence should be reduced,
and that the
law should lie amended as hereinafter provided : Be it thereof enacted by
the Governor
of Hongkong, with the advice of the Legislative Council thereof; as
follows:-

1. Section 5 of ' The Chinese Emigration Consolidation Ordinance, 1874'
is llepeal.
hereby repealed, and the second section of this Ordinance is enacted
instead thereof,
ind shall be read as if it bad originally been inserted in the place of
the said section 5;
and in any new edition of the Ordinances may be printed as section 5 of
the said
Ordinance.

Licensing of ' ° Chinese Passenger Ships.'

2. No Chinese passenger ship shall clear out or proceed to sea, and the
emigration
officer shall not grant the certificate prescribed by section 4 of 'The
Chinese Passengers'
Act, 1855,' unless the master of such ship shall be provided with a
licence under the
hand o the Governor and the public seal of the Colony, or under the hand
and seal
of an emigration officer, to be obtained in manner hereinafter mentioned.

2. Whenever any Chinese pas*enger ship is about to proceed to sea upon any
voyage of more than seven days' duration, the owners or charterers of
such ship, or;
if absent from, the Colony, their respective agents, may; before such
ships is laid on
for the conveyance of Chinese emigrants, and before any depot is opened
for their
reception,,*pply in writing to the Colonial Secretary for a licence under
the band of
the G0v13or and the public seal of the Colony for the conveyance of such
emigrants
and shall .furnish all particulars as to the destination of the said ship
and as to all
other matters relating to the intended voyage and emigration which may be
required
of them. -

1423

No Chinese
passenger ship
to proceed to sea
withoat a licence
from the
Governor.'
[Ord. 4 of 1870,
sec. 3.]

Time and mode
of application
for licence in the
Colony.
(Did, sec. 4.]
1421

Time and mode
ref application far
licence at the
ports ant of the
Colony.

Punishment for
Tarnishing
untrue
particulars.
[aid, see. 6.]

Generallicenees
to mail steamers,
aye.

Conditions of
licence and
amount of fee.

[rbid, sec. e.]

Governor to
council may
impose
conditions.

Licence to
specify time of
departure;
proviso for
extension
thereof.
[ibid, sec. 7.]

The Governor
may authorise
labourers a.^.d
servants to be
engaged for
persons in
britieh
possessions.

ORDINANCE No. 5' of 1876.

Chinese .Emigration Amendment.

3. Whenever any Chinese passenger ship, which is not provided with a
licence
covering her intended voyage, is about to proceed with free Chinese
emigrants under
no contract of service whatever from any, port in China, or within one
hundred miles
of the coast thereof, upon a voyage of not more than thirty days'
duration, the owners
or charterers of such ship, or, if absent, their respective agents, may,
before such ship

is laid on for the conveyance of Chinese emigrants, and before any depot
is opened for
their reception, apply in writing to the emigration officer at such port
for a licence
under his hand and seal for the conveyance Qf such emigrants upon the
intended voyage
only, and shall furnish all particulars as to the destination of the said
ship, and as to
all other matters relating to the intended voyage and emigration which
may be required
of them.

4. All such particulars shall, if so ordered, be verified upon oath
before the
emigration officer or any Justice of the Peace,%nd every person who shall
knowingly
furnish untrue particulars, shall be liable to imprisonment, with or
without hard labour,
for any period not exceeding six calendar months, and to a fine not
exceeding one
hundred dollars, either in addition to or in substitution of such
imprisonment.

5: The Governor in Council play, at his discretion, grant to any vessel a
general
licence for any period, or for any number o£ voyages, or for voyages to
and from antr
specified port or ports, upon the condition that the vessel provided with
such licence-
shall carry only free passengers under no contract of service whatever,
except as-
hereinafter mentioned.

G. The granting of any licence shall be in the discretion of the Governor
in Council,
and in cases within the third paragraph of this section, shall be in the
discretion of the
emigration officer, and in every case shall be subject to the payment of
a fee of five
dollars, and to such conditions as may, from time to time, be prescribed
under
instructions from Her Majesty's Principal Secretary of State for the
Colonies, and the

Governor in Council may impose such conditions on tile granting of any
licence as he

shall think expedient in each particular case, provided the same shall
not be contrary
to or inconsistent with such instructions.

7. Every licence, other than a general licence, granted under
this,section in respect

of any Chinese passenger ship shall specify the period within which such
ship shall
clear out and proceed to sea,: Provided always that it shall be lawful
for the Governor
in Council, or emigration officer echo granted the licence, from time to
time, to extend

such period.

8. The Governor in Council may, at his discretion, authorise any person
to engage
any specified number of Chinese artisans, mechanics, labourers, or
servants for any
person resident in any British possession, `and to make contracts in
writing,on behalf of
such resident with the persons so engaged. Every sub contract shall be
made in.
triplicate, and one'part shall be lodged in the office of the emigration
officer; and such
part shall be admissible in evidence without a stamp.

Any vessel provided with a general licence may carry any, persons so
engage
without thereby affecting her licence.
ORDINANCE No. 5'oF 1876.

Chinese Emigration Amendment.

9. Nothing in 'The Chinese Emigration Consolidation Ordinance, 1874,'
shall
prevent passengers, natives of Asia, from travelling in the first class
cabin of any vessel
which is provided with a general licence, on the same terms as passengers
of other
nationalities; or in the first or second class cabin, if the vessel
carries more than two
classes of passengers.

Such passengers are hereby exempted -from the necessity of obtaining
contract
passage tickets, or of submitting themselves to be mustered or inspected
by any emi-
gration officer, or medical officer, or other person.

Such passengers shall, however, be reckoned in calculating the number of
passei:l-
gers, natives of Asia, who are carried by the said vessel.

10. In case it shall be shown to the satisfaction of the Governor in
Council, at
any time before the departure of a Chine passenger ship, that the master,
mate, or
any other officer of such ship is unfit for the proper discharge of his
duties by reason
of incompetency or misconduct, or for any other sufficient cause, it
shall be- lawful for
the Governor, by order under his band, to discharge and remove such
master, mate, or
other officer from the said ship, and thereupon the owners or charterers
thereof, or,their
agents, shall forthwith appoint a master, or mate, or other officer, as
the case map be,
to be approved by the emigration , officer, in the place of the one so
discharged and
removed as aforesaid.

11. In any of the following cases, namely:-

v1425

ordinance 5 of
1874 not to
prevent Chinese
passengers from
travelling in first
or second cabin
as other nation-
alities.

Yower to rerno ve
master or other
officer.
[Ibis, sec. 8.]

(ci,.) If it shall appear to the satisfaction of the Governor in Council,
or rower to revoke
and cancel
emigration officer, at an time before the departure of a Chinese licence.
[Ibid, sec. 9.]
passenger ship, that the particulars furnished to him in relation thereto
under the second paragraph of this section are untrue, or that any

condition of the said licence has peen violated;

(U.) If any Chinese passenger ship shall fail to clear out and proceed to
sea,
within the period specified in the licence granted under, this section,
or within such extended period as aforesaid;

(c.) If the owners or charterers of a Chinese passenger ship shall fail
forthwith

to appoint a master, mate, or other officer to be approved as aforesaid,
in the place of any master, mate, or other officer discharged under the
tenth paragraph of this section;'

It- shall be lawful for the Governor in Council or emigration officer to
revoke the licence
granted by him under this section in respect of such Chinese passenger
ship, and to
order that the said ship be seized and detained until her emigration
papers (if already
granted) be delivered up to.bC cancelled.

12. The` breach of any condition of a licence granted under this section
shall be Bre'ch of
condition of
deemed a breach of a regulation respecting Chinese passenger ships within
the meaning lice,ace,
of section 2 of ' The Chinese Passengers' Act, 1855.'
Ordinance No. 5 of 1876

Chinese Emigration Amendment.

13. it shall be lawful for the Governor in Council to
apply, the whole or any part
penalty for
Ordinancebreach of the penalty recoverable in case of the non-observance
or non-performance of the
`u;~r ' The regulations of this section under the provisions of section 5
of °` The Chinese Passengers'
Chinese
Passengers' Act, 1855,' towards the expenses of t reconveying to their
homes intending emigrants
Act, 1855.'
[DA sec. 10.1 by any vessel in respect of which the licence granted under
this section shall have been
revoked in manner hereinbefore provided.

Reg'lations of
achednie A of 14. Nothing in this section shall be deemed to affect the
regulations contained in.
'Chinese Pas-
sengers' Act,, schedule .A, of 'The Chinese Passengers' Act, 1855.'

z85bf' not to be
affected by this
section.

Suspending

3. This Ordinance shall not come into operation until Her Majesty's
confirmation
of the same shall have been proclaimed by the Governor.

c

[Confirmation proclaimed 18th July, 1876: Repealed by Ordinance No. 1 of 1889.]
1423
Title.
Preamble.
Repeal.
No Chinese passenger ship to proceed to sea without a licence from the Governor.
Ord. 4 of 1870, sec. 3.]
Time and mode of application for licence in the Colony.
[Ibid, sec. 4.]
1424
Time and mode of application for licence at the ports out of the Colony.
Punishment for furnishing untrue particulars.
[Ibid, sec. 5.]
General licences to mail steamers, &c.
Conditions of licence and amount of fee.
[Ibid, sec. 6.]
Governor in Council may impose conditions.
Licence to specify time of departure; proviso for extension thereof.
[Ibid, sec. 7.]
The Governor may authorise labourers and servants to be engaged for persons in British possessions.
1425
Ordinance 5 of 1875 not to prevent Chinese passengers from travelling in first or second cabin as other nationalties.
Power to remove master or other officer.
[Ibid, sec. 8.]
Power to revoke and cancel licence.
[Ibid, sec. 9.]
Breach of condition of licence.
1426
Application of penalty for breach of this Ordinance recoverable under 'The Chinese Passengers' Act, 1855.'
[Ibid, sec. 10.]
Regulations of schedule A of 'Chinese Passengers' Act, 1855,' not to be affected by this section.
Suspending clause.

1423
Title.
Preamble.
Repeal.
No Chinese passenger ship to proceed to sea without a licence from the Governor.
Ord. 4 of 1870, sec. 3.]
Time and mode of application for licence in the Colony.
[Ibid, sec. 4.]
1424
Time and mode of application for licence at the ports out of the Colony.
Punishment for furnishing untrue particulars.
[Ibid, sec. 5.]
General licences to mail steamers, &c.
Conditions of licence and amount of fee.
[Ibid, sec. 6.]
Governor in Council may impose conditions.
Licence to specify time of departure; proviso for extension thereof.
[Ibid, sec. 7.]
The Governor may authorise labourers and servants to be engaged for persons in British possessions.
1425
Ordinance 5 of 1875 not to prevent Chinese passengers from travelling in first or second cabin as other nationalties.
Power to remove master or other officer.
[Ibid, sec. 8.]
Power to revoke and cancel licence.
[Ibid, sec. 9.]
Breach of condition of licence.
1426
Application of penalty for breach of this Ordinance recoverable under 'The Chinese Passengers' Act, 1855.'
[Ibid, sec. 10.]
Regulations of schedule A of 'Chinese Passengers' Act, 1855,' not to be affected by this section.
Suspending clause.

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CHINA TRADERS' INSURANCE COMPANY ORDINANCE

Shares maybe
-divided into
shares of smaller
&mount.

ORDINANCE No. 4 of 1876.

China Traders' Insurance Company.

No. 4 0f 18'6.

Title An Ordinance to authorise 'The China Traders' Insurance Company,
Limited,' to sub-divide its shares.

[22nd April, 1$76.
Preamble. HEREAS 'The China Traders' Insurance Company, Limited' is a
public

W company duly incorporated and limited by shares under the provisions of
the 'The Companies Ordinance, 18f>5,' and whereas the Memorandum of
Association
of the said Company provides that the capital of the Company is one
million of dollars
divided into two hundred shares of five thousand dollars each, and
whereas the whole
of the said shares have been issued, and the sum of one thousand dollars
has been
paid up on each share, anda further call of five hundred dollars upon
each share has
been made, and whereas the said Company has found that shares of five
thousand
dollars each are too large to be readily marketable, and the Company is
therefore
desirous of sub-dividing the existing shares into shares of smaller
amount, and whereas
the said Company in order to effectuate its desire has applied to have
the necessary
powers therefor conferred upon it by means of this Ordinance: Be it
therefore enacted
by the Oovernor of Hongkong, with the advice of the Legislative Council
thereof, as
follows:-

1n, In the interpretation of this Ordinance, the expression 11 The
Company ' shall
mean '° Tho China Traders' Insurance Company, Limited.'
2. It shall be lawful for the Company, by special resolution, to modify
the
conditions contained in its.Memorandum of Association so as by
sub-division of its
shares or any of there to divide its capital or any part thereof into
shares of any
amount not less than fifteen hundred dollars each provided that in the
sub-division of
the existing shares, the proportion bp,tween the amount which is paid,
and the amount
which is unpaid on each share of reduced amount shall be the same as it
was in the
case of the existing share or shares, from which the share o£ reduced
amount is derived.

Special resolution $. The statement of the number and amount of the shares
into which the capital
to be embodied
in Memorandum of ho Company is divided contained in every copy of the
Memorandum of Association.
of Association,
issued after the passing of any such special resolution, shall be in
accordance with such
resolution, and if the Company make default in complying with the
provisions of ,this
section, it shall incur a penalty not exceeding five dollars for each copy
in respect of
wh=ich such default is made, and every Director, Manager and Secretary of
the Company,
who knowingly or wilfully authorises or permits such default shall incur
the like
penalty. .411 such penalties may be recovered before a Magistrate in a
summary wad,
=4.` This Ordinance shall cozue into force on such day as shall be
hereafter figed-by:
proclamation under the hand of the Governor.

[.11 ezer, in force disallowed in C.O.D. No. 97, 25th July; 2876:
aRepealed by
Ordinance .Yo. .T of 1&77.]
1422
Title.
Preamble.
Interpretation.
Shares may be divided into shares of smaller amount.
Special resolution to be embodied in Memorandum of Association.

1422
Title.
Preamble.
Interpretation.
Shares may be divided into shares of smaller amount.
Special resolution to be embodied in Memorandum of Association.

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CHINESE EMIGRATION REPEAL ORDINANCE

Chinese Emigration Repeal.

No. 3 of 1876.

An Ordinance, to repeal Ordinance No. 1 of 1876.

[11th April, 1876.]


WHEREAS difficulty is anticipated in carrying out the Ordinance No. I of
1876 Preamble.
, at some of the Coast Ports, and it is expedient to repeal the same with
the
view of making further provision in that behalf: Be it enacted by the
Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. The Ordinance No. 1 of 1876 is hereby, repealed, and the *enactments thereby
repealed are, from the date of the.passing hereof, revived as if the said Ordinance had
not been passed.

The enactments revived leave been since repealed.]
1421

Title.
Preamble.
Repealing Ordinance No. 1 of 1876.

1421

Title.
Preamble.
Repealing Ordinance No. 1 of 1876.

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CONTAGIOUS DISEASES ORDINANCE

Contagious Diseases.

No. 2 of 1876

An Ordinance fur divesting the Rcyistrar General of his Judicial Functions.

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

Repealing partof 1. So much of section 2$ of Ordinance No. 8 of 188 as
relates to the judicial
see.. 28 of Ord. No.
s of 1858. powers of the Registrar General, is hereby repealed, that is to
say, the words 'before
the Registrar General if a Justice of the Peace, or (if the said person
shall so demand).'

Repealing and 2. The following sections and parts of sections of 'The
Contagious Diseases
-amending parts
of Urd. No. loof Ordinance, 1867,' are hereby repealed:-
1867,
Sections 5 an`d 6,--The whole.

Section 70,-From the word 'Governor' in tie third line of the section to
the end of the section.

Sections 12, 13, 14, 26, 27, 53, 57, 62, 71, and section 20 in the third
line froze
the end,--The .words 'The Registrar General.'
ORDINANCES No 2 OF 1876.

Contagious Diseases.

Wherever the words 'The Rdgistrar General' are repealed as aforesaid, the
section shall be amended by inserting the words ' a Magistrate,' and
shall be read as
if those words had been inserted in the section originally.

3. Upon the hearing by a Magistrate of any matter arising under this
Ordinance,
or ' The Contagious Diseases Ordinance, 1867,' or upon the hearing of an
appeal from
the determination of the Magistrate in any such matter, the Magistrate or
the Court
(as the case may be) inay hear the matter in private, unless the person
accused or
.
affected desire publicity, and, in addition to all other powers, may
order that all persons
not directly interested in the matter be kept excluded from the place of
hearing.

4. No proceedings under this Ordinance, or under 'The Contagious Diseases
Ordinance, 1867,' shall be commenced before a Magistrate, except at the
instance, or
with the sanction, of the Attorney General or of the Registrar General.
.11

5. The three preceding sections of this Ordinance shall be read with '
The Con-
tagious Diseases Ordinance, 1867,' and shall be taken to be incorporated
therewith;
and upon the issue of any new edition of the Ordinances, the provisions
of the,T said
three sections may be inserted in the said Ordinance; sections 3 and 4
hereof may be
printed next after the section now numbered 71 of the said Ordinance, and
the other
sections thereof may be renumbered.

[Repealed by, Ordinance No. 19 of 1889.]
1420

Title.
Repealing part of sec. 28 of Ord. No. 8 of 1858.
Repealing and amending parts of Ord. No. 10 of 1867.
1421

Courts may sit in private.
No proceedings to be taken except with sanction of Attorney General or Register General.
Sections 2 to 4 incorporated with No. 10 of 1867.

1420

Title.
Repealing part of sec. 28 of Ord. No. 8 of 1858.
Repealing and amending parts of Ord. No. 10 of 1867.
1421

Courts may sit in private.
No proceedings to be taken except with sanction of Attorney General or Register General.
Sections 2 to 4 incorporated with No. 10 of 1867.

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CHINESE EMIGRATION AMENDMENT ORDINANCE

Chinese Emigration Amendment.

No. 1 of 1876

An Ordinance to amend the Law, relating to Chinese Passenger Ships and
the Conveyance of Chinese Emigrants.

[27th March, 1876.]

WHEREAS by section 5 of ' The Chinese Emigration Consolidation
Ordinance,.
1874,' it is enacted' that no Chinese passenger ship, egeept'ships shout
to proceed

E° on a, voyage of not more than thirty days' duration within the meaning
of section 8 of
Ordinance, Ordinance, shall shall clear out or proceed to sea, and the
emigration office-r shall .

not grant the certificate prescribed by section 4 of `The Chinese
Passengers' -Act,

uess the master of such ship shall be provided with a licence under the
hand :of the
- t `~ GoTernor and the public seal of the Colony to be obtained in
manner.hereinafter

~~ mentioned'; and paragraph 2 that it shall be lawful fur the Governor
in Council,
'from time to time, to exempt from the operation of this section, any
mail steamers
~~ or other vessels which are subject to the provisions of `Tho Chinese
'Passengers
' Act, 185,' provided that the Chinese passengers proceeding in such
vessels ,'free.
' emigrants and under no contract of service whatever'; and whereas it is
expedient
that every Chinese passenger ship should, be provided with a licence, and
that the fee
ORDINANCE No: 1 of 1876.

Chinese Emigration Amendment.

chargeable upon such licence should be reduced, and that the law should
be amended,
as hereinafter provided: Be it therefore enacted by the Governor of
Hongkong, with
tile advice of the Legislative Council thereof, as follows:-

1. y

The following portions of section 5 of ' : The Chinese Emigration
Consolidation
Ordinance, 1874,' are hereby repealed, viz.:-

Paragraph 1. The words ' except ships about to proceed on a voyage of not
''more than thirty days' duration within the meaning of section 8 of
' this Ordinance.'
Paragraph 2. The whole.

Paragraph 3. The words ' and shall also furnish, the like particulars
where
', any exemption is applied for under paragraph 2 of this section.'

2. The fee payable upon the granting of a licence shall henceforth be
five dollars Reducing the
fees for licences.
only; and in any reprint of the said Ordinance the said sum may be
inserted in
paragraph 5, section v in place of the ' one hundred dollars ' therein
mentioned.

1419

Repealing part of

section b of
Ordinance b of
1874.

3. The Governor in Council may, at his discretion, grant to any mail
steamer or General licences
to mail steamers,

other vessel general licence for any period, or for any number of
voyages, or for `
voyages to and from any specified port or ports, upon the condition that
the vessel
provided with such licence shall carry only free passengers under no
contract of service
'whatever, except as hereinafter mentioned:

aforesaid.

General licences shall be exempt from,the provisions of paragraph 6 of
section 5

4. The Governor in Council may, at his discretion, authorise any person
to engage
any specified number of Chinese artisans, mechanics, labourers, or
servants for any
person resident in any British possession, and to make contracts in
writing on behalf of
such resident with the persons so engaged. Every such contract shall be
made in
triplicate, and one part thereof shall be lodged in the office of the
Colonial Secretary;
and such part shall be admissible in evidence without a stamp.

Any vessel provided with a general licence may carry any persons so
engaged
without thereby affecting her licence.

5. Nothing in ' The Chinese Emigration Consolidation Ordinance, 1874,'
shall
prevent, passengers natives of Asia from travelling in the first class
cabin of any vessel
which is provided,.with a general licence, on the ,same terms as
passengers o£ other
nationalities;' or in the first or second class cabin, if the
vessal~carries more than two
'cla.sses~.Yof passelgers.

Such 'passengers are hereby exempted from the necessity of obtaining
contract
passage: tickets, or of submitting themselves to be mustered or inspected
by any emi-
gratiow.officer or medical officer or other person.

Such passengers shall, however, `be reckoned in calculating tile number
of pas-
sengers, natives of Asia, who are carried by the said vessel.

The Governor
may authorise
labourers and
servants to be
engaged for
persona in
British
possessions.
[See, s. 7.1

Ordinance 5
of 1874 not to
prevent Chinese
passengers from
travelling in first
or second cabin
as other
nationals:
[See, s. 7,J
ORDINANCe No. 1 of 1876.

Chinese. Emigration Amendment.

This Ordinance shall be read with 'The Chinese Emigration Consolidation
Ordinance, 1874,' and shall be taken to be incorporated
therewith; and upon the issue
of any new edition of the Ordinances, the provisions hereof may be
inserted in the said
Ordinance; sections 3 and 4 hereof may be printed next after the
paragraph now
numbered 5 of section v of the said Ordinance, and the other paragraphs
of the said
section may be re-cumbered.

Paragraph 6 of the said section may be amended by inserting the words
'except
a general licence' after the word 'licence.' `
Section 5 hereof may be printed as section 6 of 'the said Ordinance, and
the other
sections may be re-numbered. `

Commencement 7. Sections 4 and 5 shall not take effect until a day to be
hereafter proclaimed by
of Ordinance, e
the Governor. The rest of this Ordinance shall take effect from the
passing thereof.

[Repealed by Ordinance No. 3 of 1876.]
1418

Title.
Preamble.
1419
Repealing part of section 5 of Ordinance 5 of 1874.
Reducing the fees for licences.
General licences to mail steamers, &c.
The Governor may authorise labourers and servants to be engaged for persons in British possessions.
[See, s. 7.]
Ordinance 5 of 1874 not to prevent Chinese passengers form travelling in first or second cabin as other nationals.
[See s. 7.]
1420
This Ordinance incorporated with No. 5 of 1874.
Commencement of Ordinance.

1418

Title.
Preamble.
1419
Repealing part of section 5 of Ordinance 5 of 1874.
Reducing the fees for licences.
General licences to mail steamers, &c.
The Governor may authorise labourers and servants to be engaged for persons in British possessions.
[See, s. 7.]
Ordinance 5 of 1874 not to prevent Chinese passengers form travelling in first or second cabin as other nationals.
[See s. 7.]
1420
This Ordinance incorporated with No. 5 of 1874.
Commencement of Ordinance.

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MAGISTRATES ORDINANCE, 1875

ORDINANCE No. 16 of 1875.

Magistrates.

No. 16 of 1875.

An Ordinance to an rend and consolidate the laws concerning Title.
the jurisdiction of Magistrates over indictable offences
and for other purposes.
205th November, 1 875.]

WflEREAS recent investigations have raised a doubt as to the va- Preamble.
lidity of the jurisdiction hitherto exercised by Police Magistrates
under Ordinances 6 of 186 2 and 1 of 1863: Be it enacted by the Governor
of Hongkong, with the, advice of the Legislative Council thereof, as
follows

1. This Ordinance may be cited as 'The Magistrates Ordinance, short title.

1875. ly

2. The expression 'Indictable,' as used in this Ordinance, includes
proceedings by information, and the expression ' Magistrate' means
Police Magistrate, unless the context indicates the contrary.

3, There shall as heretofore be two Police Magistrates; the Magis-
trates now in office are continued therein as fully as if they mere
appointed
hereunder, and the Governor may appoint others from dune to time, -as

vacancies occur.

4. The Police Magistrates shall be Justices of the Peace by virtue
of their office, and shall have and may exercise all such powers and,
jurisdiction as were vested in the Police Magistrates at the time of the
passing of this Ordinance, except so far as they are hereby altered or
repealed.

5: Whenever any person is brought before ,a .Magistrate charged
magistrates,

may convict
wvith having committed, whether before or after the passing of this Ordi-
summarily for

certain indict-'
nance, any indictable offence, not being one of the following offences,
able offences.

that is,to say: ---- , of 1862.)
(See s. 4 of 6

Interpreta-
tion.

police
Magistrates.,,

Powers of
Police
Magistrates
continued.

Any offence which is punishable with death ; .
Any offence (except burglary) which.is punishable with penal
servitude for life ;
Any offence wfich is committed within the jurisdiction of the
Admiralty ;
Any felony mentioned in Ordinance No. 1 of 1868. A
Misprision of treason;
ORDINANCE !No. .l.v of 175.

Magistrates.

Any offence against the queen's title, prerogative, person, or
Government;

Blasphemy and offences ay Limst religion ;

Perjury and subornation of perjury ;

Making or suborning any other person to- make a false oath,
affirmation, or declaration punishable as perjury, or as a
misdemeanor;

Any offence against any provision of the laws relating to bank-
rupts;

Composing, printing, or publishing blasphemous, seditious, or
defamatory libels;

Defamation ;

Bigamy;

Bribery ;

Arson;

Forgery

Stealing or fraudulently taking or injuring or destroying records
or documents belonging to any Court of Record or relating
to any proceeding therein;

Stealing, or .fraudulently destroying or concealing wills or
testamentary papers or any document or vTritten~ instru-
ment being or containing evidence of the title to any lands,
or any interest in lands, tenements, or, hereditaments

Or any offence commuted by trustees, abents, bankers, or factors
and mentioned , in any section between the sixtieth and.
seventy-first sections both inclusive;) _of the Ordinance
No. 7 of 1865, .(larceny),

the Magistrate, instead of committing the offender for trial to the
Supreme
Court, may convict him summarily, and upon such conviction in~

sentence the offender to be imprisoned for =any term not eceediht

six .
months 'with or without hard labour, or to pay a f ne not exceeding ftfty

`

dollars, or to be imprisoned with or without hard labour and to, pair a
fine,
for any term and amount not exceeding six months aud.fifty dollars:

The Magistrate may also direct that the offender be kept in solitary`:
~confi-nement for any portion. of his term of iniprisomnent not
exceeding,,,
fourteen days at any one time and not exceeding one month in the whole:

The Magistrate may nevertheless, if'lie thinks fit, commit any such
person for trial to the Supreme Court.
ORDINANCE No. 16 cF 1875.

Magistrates.

$. Whenever an offender is convicted by a Magistrate of a common
assault, the Magistrate may sentence hiui to be imprisoned for any term
not exceeding one year with oPwithout hard labour, but without fine, if
the term of sentence exceeds six months..

7. Whenever any male offender is convicted by a Magistrate under the
powers
herein conferred of any of the following offences a second tine, or under
aggravated

circumstances, that is to say:-

Indecent assault,

Indecent exposure of his person,
Assault with intent to rob,

Common assault, committed in a brothel,
Common assault, committed afor in connection with any riotous assemblage,

Malicious injury to property;

or, under the Magistrates' summary jurisdiction, of either of the
following offences a
second time, or under aggravated circumstances, that is to say:--

Indecent exposure of his person,
Malicious injury to property;

the Magistrate may, in addition to any other punishment, sentence the
offender to be
.once or twice publicly or privately whipped. [Repealed by Ordinance No.
3 of 1881:]

$. Whenever any male offender, whose age appears to the Magistrate
not to exceed sixteen years, is convicted, under the powers herein con-
ferred, of larceny, or of any offence which now or at any time hereafter
is by- law deeme;l or declared to be simple larceny or punishable as
simple,
larceny, the convicting Magistrate may sentence him to be once or twice
privately whipped with any number of strobes not exceeding twenty,. in'
lieu of or in addition to any other punishment to which such offender is
liable. .,e~ 0°dn~L

p 9. Whenev~zcglstlate irlayte under._._lhis or a;ny other Ordinance
?0111' for ally t(
,sentences an. offe: sped, he shall, in his sentence, specify the
number. of stru''' 8 °f ~ ~~ J, and such number shall not, in any case,
emceed thirty-six . ;hall be inflicted with a rattan.

-

Magistra, tes
may award a

year°s impri-
sonment for
common
assault.
(See s. 41 of 4
of 1ss5.)

Magistrates mug
award whipping
in certain cases.
(See s. 2 of 1 of
13(33.)

Juvenile, `.
thieves may
be whipped.
(Sees. 6 of 9
of 1867.)

Amount of
whipping,and
mode of
infliction.
(See s. 6 of 6
of 1862.)

u.w=

1 Q: A Mag~strate may sL,ntenee any offender to be publicly exposed
Punishment
of the stocks.
in the stocks for any period not exceeding six hours; in lieu of the
whole (see s. .'26,of

any, part of `an p ppnsbjnent to which such offender is liable under this
p 1~ °f 1&44.)

.or

,or and other t~r~.ia

a~A!E; or ,in addition thereto.

11. On tb e~.cc~yi~tion of any person of any offence by which
injury Compensa-
tion may be
,or loss to person or property shall have accrued, the convicting
Magistrate ,waded in
ORDINANCE No. 16 of 1875.

T'ourers of two
Magistrates.
(See s: 3 of 1
ef 186~.~ ,
(~'ec s. 8 of 3
of 1868

magistrates.

a4aition to may order the offender to pay to the person aggrieved
reasonable com-
pt~ishznerit.
(See862 s. 7 of 6 perinsation not exceeding fifty dollars, in addition to
any penalty or punish--
ment to which he is sentenced.
Rbcovery of 12, If any offender convicted under this Ordinance fails to
pay any
fines and
ahaendg. fine or compensation on conviction= or within such further time
as the
'(S1862)of 6 Magistrate allows, the 1~T agistrate may cause the amount to
be levied by
distress on the- goods and chattels of the offender ;
Or may order that the offender be imprisoned with or without hard
labour for any period not exceeding, together with any other imprison-
ment to which he is sentenced for his offence, the term of six months in
the whole, unless the amount be sooner paid ;
. And in case the amount be not fully recovered by distress, the Ma-
~istrate may order that the offender be imprisoned with or without hard
labour for the like period, unless the amount be sooner paid.

,13. Whenever any person is brought before two Magistrates sitting
together charged with stealing from the person, or with any offence
against the provisions of sections 49, 50, or 51 of the Ordinance No. 4 of
1$65, (offences against the person), the Magistrates may, if they think
fit, summarily convict the offender, and sentence him to be imprisoned
for any term not exceeding two years with or without hard labour, or
they may commit him in the usual way for trial to the Supreme Court.

Powers of ' 14, The Marine 1llagistrate shall have the power car a Police
illagis-
Marine Magis- .
t~te. Irate to hear and determine cases of assault, and assault and battery

unaccompanied by an intent torconlmit felony.

15. Any two Jastiees of the Peace of this Colony sitting together,.

;s by this Ordinance

Any two Jus-

tices of the
,1'eke to have

o7er of one

01i6e Magis-

#nate.

Power tocom. 16. If any person uses any threaten ng expression to

-

init persona
using insult- - Or concerning', or in tile presence of a 'Ma Magistrate, or

or in pre-
to Justice -of tile Peace, when acting m th .. y any magisterial
fi TICe of
pre- Justice of the Peace, when acting in th any magisterial
Magistrate. duty, the said Magistrate or Justice of the pace may
sum, sentence
xss2.jf 6 of the offender to 17e imprisoned with or without hard: labour
for any term
not exceeding two months, or to pay a fine of ayy anE7ount-not exceeding
fifty dollars: and if such fine be not paid forthwith ,r the laid
Magistrate
or Justice of the Peace may order that the offender, he imprisoned for any
tern not exceeding two months unless tine amount- be sooner paid. [As :7
to Powers of one 3Tagastrcrte see Ordinance 110. 8 ~f 1889.1

shall have power to do any act that a

authorised and empowered to do.
ORDINANCE No. 16 OF 1375.

Magistrates.

17. If it appears to a 11agistrate, or Marine Magistrate, that any
-charge or complaint was maliciously preferred, or that any witness has
given false testinnony, such - AIn:gi-str.an ~ia order the complainant or
witness to pay to the person aggrieved reasonable compensation not
-excee7ding fifty dollars, or, in his discretion, nay order such
complainant
or witness to pay a fine,not exceeding fifty dollars, or to pay
compensation
and a fine not exceeding together the sum of fifty dollars.

18. No conviction under this Ordinapce shall be quaslled.for want
of form, or be removed by certiorari, and no warrant of commitment shall
be held void by- reason of any defect therein, provided it be therein'
alleged that. the party has been convicted, and there be a good and valid
conviction to sustain the same. ',

19. Wherever any person enters ,into any recoguizaiice or Crown
bond (except recognizances entered into for appearance before the Supreme
ffi
Court) before any Magistrate, Justice of the Peace, or any a cex of _
Police, and such bond or recognizance becomes forfeited, -a Magistrate
inay.
summon the person bound by the said recognizance or bond before him,
and on satisfactory proof of forfeiture or breach of condition,,~n'
'`order
the said recognizance or bond to be estreated, and may issue his warrant
to levy the amount or penalty of the said recognizance or bond by distress
upon the goods, chattels, lands, and tenements of the defaultet',-'.~nd in
case there shall be no sufficient goods, chattels, lands, or tenements to
satisfy the amount of the distress warrant, may order that the defaulter
be imprisoned for any term not exceeding three months.

20. Whenever a Magistrate awards a pecuniary penalty or amends
for any offence under Ordinance No. 14 of 1845, and the same is not paid.
forthwith, the Magistrate may commit the offender to prison with or
without hard labour for any terln not exceeding three [`1 6' as amended
-by Ordinance No. 8 of 1889] months, unless the sum remaining unpaid
be sooner paid. _

21. If any. Magistrate has, since the passing of the Ordinance No.
-of 1862, heard, tried and determined in a summary way any crime, MIS-
demeanour, or offence, which was not within the powers and jurisdiction
-exerciseable by him undzr the said Ordinance, or Ordinance No. 1 of
1863, but was within the powers and jurisdiction formerly had and
exercised by the Court of Petty Sessions, every such hearing, trial and
,determination, if in other respects according to law, is hereby declared
to

'141?

Compensa-
tion orpenalty
for malicious
prosecution
or false
testimony.
(S. to of 6.of
1862.)

N o conviction
or warrant to
be duaslacadfor
«-ant of form.
(5. 66 of 4 of
186ii.)

Iiecobniz-
ances (other
than -,s to
Supreme
Court) to be
entreated in
default.
(S.11of6of
1862.)

Imprison-
ment for non-
payment of
fines under
Ordinance 14
of. 1846.
[S.12of6of
1862, and. 4 of
9 of 1867.]

Protecting
agistrates
respect of..
~,y excess of
ITi iction.
Ordinance No. 16 of 1875.

Magistrates.

be good and valid; and all Magistrates, gaolers .a.nd other persons what-
soever are hereby indenified and =hehd~ harmless` ih respect of every act,
matter, or thing do ~~... -~ -bir- gfi-~ p off' ~~m,Y~ inlursua.nce of any
hearing, trial, or determination herely kyddto lie valid.

22, The foll9wing Ordinances and parts of Ordinances are hereby-
repealed:
--= .

1.0 of 1844 ... .... Section 25.
6 of 1862 ...
1 of 183?,.,) The whole.

4 of 1865, Section 4 1, the words ' or of a Police Magistrate.'
Section 4.
9wf L$67, Section 6, the words '.whether summarily or-
, t otherwise.' _ r
3af,1$ f 8, .. . ... Section 3.

Bat' s4eh repeal shall not revive any enactment repealed by any of the

said Crdin~n'ces or sections, and shall not affect anything duly done
before

o~.,_opled by Ordi7aa.nce No. 10 of 1890 as fionx the 1st January,
1891,~subjert`

toFer Majesty's Oght of disallowance.
1413
Title.
Preamble.
Short title.
Interpretation.
Police of Police Magistrates continued.
Magistrates may convict summarily for certain indictable offences.
(See s. 4 of 6 of 1862.)
1415
Magistrates may award a year's imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile thieves may be whipped.
(See s. 6 of 9 of 1867.)
Amount of whipping, and mode of infliction.
(See s. 6 of 6 of 1862.)
Punishment of the stocks.
(See s. 25 of 10 of 1844.)
Compensation may be awarded in
1416
addition to punishment.
(See s. 7 of 6 of 1862.)
Recovery of fines and amends.
(See s. 8 of 6 of 1862.)
Powers of two Magistrates.
(See s. 3 of 1 of 1863.)
(See s. 3 of 3 of 1868.)
Powers of Marine Magistrate.
Any two Justices of the Peace to have power of one Police Magistrate.
Power to commit persons using insulting language to or in presence of Magistrate.
(s. 9 of 6 of 1862.)
1417
Compensation or penalty for malicious prosecution or false testimony.
(s. 10 of 6 of 1862.)
No conviction or warrant to be quashed for want of form.
(s. 66 of 4 of 1865.)
Recognizances (other than as to Supreme Court ) to be estreated in default.
(s. 1 of 6 of 1862.)
Imprisonment for non-payment of fines under Ordinance 14 of 1845.
[s. 12 of 6 of 1862, and 4 of 9 of 1867.]
Protecting Magistrates in respect of any excess of jurisdiction.
1418

Repeal.

1413
Title.
Preamble.
Short title.
Interpretation.
Police of Police Magistrates continued.
Magistrates may convict summarily for certain indictable offences.
(See s. 4 of 6 of 1862.)
1415
Magistrates may award a year's imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile thieves may be whipped.
(See s. 6 of 9 of 1867.)
Amount of whipping, and mode of infliction.
(See s. 6 of 6 of 1862.)
Punishment of the stocks.
(See s. 25 of 10 of 1844.)
Compensation may be awarded in
1416
addition to punishment.
(See s. 7 of 6 of 1862.)
Recovery of fines and amends.
(See s. 8 of 6 of 1862.)
Powers of two Magistrates.
(See s. 3 of 1 of 1863.)
(See s. 3 of 3 of 1868.)
Powers of Marine Magistrate.
Any two Justices of the Peace to have power of one Police Magistrate.
Power to commit persons using insulting language to or in presence of Magistrate.
(s. 9 of 6 of 1862.)
1417
Compensation or penalty for malicious prosecution or false testimony.
(s. 10 of 6 of 1862.)
No conviction or warrant to be quashed for want of form.
(s. 66 of 4 of 1865.)
Recognizances (other than as to Supreme Court ) to be estreated in default.
(s. 1 of 6 of 1862.)
Imprisonment for non-payment of fines under Ordinance 14 of 1845.
[s. 12 of 6 of 1862, and 4 of 9 of 1867.]
Protecting Magistrates in respect of any excess of jurisdiction.
1418

Repeal.

https://oelawhk.lib.hku.hk/items/show/352

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1876) ORDINANCE

Revenue.

No. 15 of 1875.

An Ordinance to apply a Sum not exceeding Seven hundred and Sixty-
seven thousand Dollars to the Public Service o£ the Year 1876.

[22nd Septernber, 1875.]

WUREAS the expenditure required. for the service of this Colony for the
year Preamble.

1876 -has --been estimated at the sum of seven hundred and sixty-six
thousand and twenty-nine dollars and sixty cents: Be it enacted by the
Governor of
Hongkongwith the advice of the Legislative Council thereof, as follows:--

1. A `suynot exceeding, seven hundred and sixty-seven~thousand dollars
shall be, and estimates, ism
the same is hereby charged upon the revenue of this Colony for the
service of the year
18'16, and the said sum so charged shall be expended as hereinafter
specified; that is to
say:-
ORDINANCE No. 15 of 187.

ESTABLISHMENTS:-

Auditor General,

c
'140.00
3,1 '76.00
3,0 72.00
14, i 99.00
100.00
21,386.00
26,984.00
10,'1'74.00
2'7,014.00
7,424.00
4,0; 8.00
20,300.00
192.00
1,302.00
1'1,3 776.00
16,536.00
'1,540.00
144,538:80

16,'740.00
6,966.00
4,336. $0

Total Establishments, $355,374.60

SERVICES EXCLUSIVE OF ESTABLISI3MENTS :--

Colonial Treasurer, ................................... ........
Surveyor General, ...... : : ............

Postmaster General
................................................................

Registrar General, ...... ... r ........... ........ ...................
Judicial, . :
Educational, . :.
Medical, .. .......... ...... . . , .. .. ... . . ..... .......

,Police,., ,.,a s. ......
Gaol, ...................... : ,

Fire Brigade, : ... .................................. .
Charitable Allowances, , - .......................... , !
,'transport, : ... :
Works and Buildings, , , ........... ° ,
Roads, Streets and Bridges, , : .,., : : ,
Lighthouses, . : :
Miscellaneous Services, :., ................ ,:.

Military Contribution, .
..........................................................

`hoTAL, x'766,029:60

Governor, :: : .................................................

Colonial Secretary, , ., :
Colonial Treasnrer, :

Clerk of Councils, : : ........................

Surveyor General, ..... : : : :

Postmaster General, : , ,
Registrar General, : ........................

Harbour Master, . ,

Lighthouses,, . : :

Collector of Stamp Revenue, . ,

Judicial,
..........................................................................
....
Registrar of Companies, . , ^...................................

Ecclesiastical, , : : : .......
Educational, ................................ ........

Medical;
..........................................................................
....

Police Magistrates, , : ,
Gaol, , ..................... ........

Fire Brigade, F

:Government Gardens, ............ , :

[Repealed by Ordinance No. 4 of 1887j

1,'700.00
1,0$0.00
4,300.00
50.00
200.00
4,620.00
18,2'70:00
390.00
35,185.00
14,420:00
3,500.00
3, 300.00
4,500:00
136,120.(30
45,'720:00
600.00
36,800:b0--
100,0O0.00
1411

Title
Preamble.
Estimates, 1876.

1411

Title
Preamble.
Estimates, 1876.

https://oelawhk.lib.hku.hk/items/show/351

MARRIAGE ORDINANCE, 1875

ORMNANCE No. 14 OF 1875.

Marriage.

No. 14 of 1875.

An Ordinance to provide a general Register- of Marriages cele- Title.

grated in Hongkong.

September,
W1875.1

HEREAS it is expedient that marriages celebrated in the Colony rrea-ble=
of Hongkong should be systematically recorded in one general
register : Be it enacted by the Governor of Hongkong, with the advice of
the Legislative Council thereof; as follows:-- ,

1. This Ordinance may be cited for all purposes as ' The Marriage Short
title.
Ordinance, 1875.'

N. Every minister of religion or other person who has in his custody
any register or other official record of marriages heretofore celebrated
in
the Colony may, within three rnontlls after this Ordinance takes effect,
deliver to the Registrar General the said register or official record:,
or a
copy thereof, omitting, if desired, any matters of a private or
confidential
nature.

3. Every person delivering a copy shall append thereto a certificate
Copies to be
certified.
in the following form: -
a
1, A. B., &c., do certify that. the above
written pages are a true copy (excepting only matters of
.
a private or confidential nature) of the register- [or official
record] of marriages heretofore celebrated in St. John's Cathedral
Church [or as the case may be] and that the original is in my',

custody.

Existing
registers or
copies thereof
to be delivered
to the Regis-
trar General.

Dated the

day of

187

( Signed, ) A. B.

4. The Governor may defray, from the public revenue of the Colony,
-all proper expenses connected with the delivery of the said registers or
-official -records' or of making and delivering copies thereof.

5. The Registrar. General. shall be Registrar of Marriages, and, to
Registrar of
marriages and
,,assist him, the Governor may appoint one or more Deputy Registrars,
deputies.
and such deputies may celebrate marriages, and may exercise all the other
powers, and perform all the duties conferred upon the Registrar General
'by this Ordinance, and all acts done by a deputy shall be as valid as if
,clone by the Registrar General.

1401

Expenses may
be defrayed
from public
revenue.
They Governor
may- license
places of
worship.

Licences to ho
gazetted.

ORDINANCE No. 14 0F1875.

Marriage.

6. The Governor may license any place of public worship to be a
hlac'e for the celebration of marriages, and may,. at any time, cancel any
such licence.

7. Whenever the Governor grants or cancels any such licence, tht
fi,eaistrar General sh 11 give public notice thereof is the Government
Gazette.

Prelimb2aries to marriage.

Yotxoe of S, Whenever, after this Ordinance takes effect, any, persons
desire
iatended
marriage. to marry, one of the parties to the intended marriage shall give
notice
thereof to the'Reni.strar General in the following form:-

NOTICE of lflARRmGr.

'f o the Registrar General of Hongkong.

I hereby give you notice that a marriage is intended to be had,
within three months from the date hereof, between me and the other
party herein named.

Name. Condition. Rank or Age. Dwelling Consent, if -any,
Profession. ~' Place. by wham given.
,,Name. Bachelor
of or
Bridegroom, Widower,
NAme of Spinster or
Bride, Widow. ^

Witness my hand this

any of 187
.

(Signature of party giving the notice.).,
Every such notice shall be signed by the party giving notice-.-.,

-Notices Notices to ~e . The Registrar General shall file every such
notice in his office; -be,-, fiand

led aa~ shall; ~.s heretofore, exhibit one copy of such notice -at the'
Supre'nlo Gout°t '
by the. Regi-
trar General. Ho-use,: amd'May, if he thinks fit, exhibit copies m other
conapicuous-.
plaGCS . ;open to the _public, and shall kip every such copy ~:o exhibited
until he issue a certificate as hereinafter mentioned, or until the,
three-','.
months ' expire ; he shall also enter a copy of the said notice vith4he-
date of such entry in a ,book to be called the 'Marriage Notice ; -Book,'
end shall allow any person to inspect such book during office hours.

~~ithout fee.
ORDINANCE .No. x14 of 1875.

Marriage.

10. The Renistrar General shall supply forms of notice gratuitously
to persons applying for the same.

11. At any tune not more than three months nor (except where the
Governor grants a licence) less than fifteen days after the giving of such
notice, the hegistrar General shall, on the request of either of the
parties,
issue a certificate ire the form A~ia the schedule hereto.

12. The Governor may, at any tine after a party has given notice
as aforesaid, grant a licence in the form B in the schedule hereto, autho-
rising the Registrar General to issue his certificate oil or after any day
Darned in such licence.

r
13. If the marriage doi ilot take place within three months after
giving the above notice, the notice given and all proceedings thereupon
shall be utterly void, arid fresh notice will be required before any
marriage

can be lead between the parties.

14. The Governor may, when he sees fit, grant a special licence in
the form C in the schedule hereto, dispensino, with notice as aforesaid,
or
with the certificate of the lLegistrar General, or with both, and
authorising
the celebration of a marriage between the parties named at a place and at
a time specified in the licence.
'The Governor may, when he saes fit, grant such licence without
payment of any fee, or on payment of such reduced fee as under the
s~ecia.l circumstances of the case he thinks sufficient.

15, Before the registrar General issues any certificate, and before

1 443

Forms of
notice to be
supplied
gratis.

Registrar--
General may
issue certifi-
cate.

After notice
the Governor
may grant .e
licence.

If marriage
(to not take
place in three
months fresh
notice to be
given..

Special
licence in case
of emergency,

Affidavit
before issue
of certificate
or licence.

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

16. If eityer party- to the intended marriage, not being a widower ,
consent of

,
or-a widow, is under twenty-one years of age, the written consent of the
parents or
guardians t(r
.father, or (if he be dead or non combos inentis) of the mother, or ( if
both m uorsyc ~f
be dead or non compotes .mentis) of. the lawful guardian of such party,
must be produced to the Registrar General before he issues a, certificate,
or~to the Governor before .he grants a licence.
If no Parent
.or guardian,
registrar

General mad
consent.

Issue of cer-
tificate may

die forbidden.

Appeal to the
~upreire
Court.

ORDINANCE 1~'0. 14 of 1875.

Marriage.

1'I. If there be no parent or guardian of such party residing in the
Colony and capable of consenting, the Registrar General may give his
consent in writing to the marriage, if upon enqairy the marriage appear
to him to be proper, and such consent shall be as effectual as if the
father
or mother or guardian had consented.
y$. Any person chose consent is required as aforesaid may forbid
the issue of the Registrar General's certificate by, writing the word
' Forbidden' opposite the entry in the marriage notice book, and by
signing his name and the character in which he fot and
if
the issue of any certificate be so forbidden, the notice and all
proceedings
thereupon shall be void. .

mlie Registrar 19. If either of the pasties to the intended rnarrriaae
allege that the
0 enexal may
~~,~ire into person forbidding the issue is not authorised by la«r so to
do, the
tie right to .
forbid. Registrar General shall enquire into the matter, and if he be
satisfied that

the arson is not so authorised, he may proceed to issue the certificate in
flue course without reckoning the time that has elapsed since the issue
Was forbidden.
For the purposes of such enquiry, or of any enquiry under section 17,
the;R~ebistrar General may administer an oath to any person.

'~; If the Registrar General considers that the person forbidding the
issue is authorised so to do, either of the parties to the intended
marriage
may appeal by petition to the Supreme Court, and the court, or any judo
thereof, rnay hear and determine the matter of the petition in a summary
way.
Such determination shall be final; and the Registrar General shall
proceed in accordance therewith, without , rechQning~ the time that has
elapsed since the issue was forbidden.

Penalty fox 21. If any person wilfully makes any false statement in any
affidavit
false state-
ment. as aforesaid, or wilfully males on oath any false statement or,
dives any
false answer in any enquiry by the Registrar General, he ` shall, on
conviction before the Supreme Court, be liable to be -imprisoned for any
term not exceeding two years with or without hard labour.

Celebration of marr~iaga,

Marriage in 222. Marriages may hereafter be celebrated in any licensed
place of
licensed
yaoes of worship by any competent minister off' the church, denomination,
or
worship. body to which such place of worship belongs, and according to the
rite
ORDINANCE- \'o. 14 or 137').

Marriage.

or usaffes of marriage observed in such church, denomination, or body,
provided that the marriace be celebrated with open doors, and; (except in
case of a special licence), between the hours of six o'clock in the
morning
and six in the afternoon, and in the presence of two or more witnesses
besides the ofhciatino, minister.
No minister shall celebrate any marriage, until the parties deliver to
him tie Renistrar General's certificate or the Governor's special licence.
2`3'. The Registrar General shall cause to be prepared and delivered`
to the. several licensed places of worship books of niarriaye
certificates in -
duplicate and with butts in the form in the schedule hereto. The
certificate shall be signed in duplicate by the officiatin1-3 minister,
by the
`parties, and by two or more witnesses to the rriarriage.
The minister shall deliver one certificate to the parties, iin-mediately
after the marriage, and shall transmit the other to the Registrar General
within seven days thereafter, and the Registrar General shall file the
same
in his office.
The officiating minister shall enter in the butt the names of the parties
and the date of the marriage.
24. After the issue of a certificate by the Registrar General, the
parties may, if they think fit, contract a marriage before the Registrar
General, in the presence of two or more witnesses, in the Registrar
General's office, with open doors, and (except in case of a special
licence),
between the hours of ten o'clock in the forenoon and four o'clock in the
afternoon, and in the following manner : ,
The Registrar General, shall first address the parties to the following
effect:--' Know ye, A.B. and C. D., that by the public taking of each
other as man and wife in my presence and in the presence of the persons
now here, and by the subsequent attestation thereof by signing your names
to that effect, you become legally married to 'each other although no
other
rite of a civil or religious nature shall take place; and know ye further
that this marriage cannot be dissolved during your life time, except by a
valid jud-&ment of divorce, and that if either of you, before the death
of the
other; shall contract another maicriaae while this remains undissolved,
you
will' thereby be guilty of bigamy, and be liable to the punishment
inflicted

for that`rievous offence:'

Each of the parties shall then say to the other `` .I call upon all
persons
here prosent to witness that 1, S.B., do take thee, C.D., to be my lawful
wife [a%r husband].'.

14u5

Maorit'~
certificat'..

Marriage
before the. RegiArar ,
General.
Marriages by
special licence

at other
places.

how filed.

Certificates
'or', Certifted
`~pies td be

e'd

vi euce..

Correction of

ORDINANCE No~ :14` oF 1875.

Marriage.

The Registrar General and the parties and witnesses shall thereupon
sign duplicate certificates in the form and manner hereinbefore
prescribed.
P
The Registrar General shall deliver one certificate to the parties and
shall file the other in his office.
25. Whenever the Governor's special licence authorises the celebra-
tion of a marriage-at a place other than a registered place of worship, or
the office of the Registrar General, the Registrar General upon taking the
affidavit of one of the parties to the marriage, shall deliver to him a
blank
certificate of marriage in duplicate, and the minister celebrating the
marriage, the parties and two witnesses shall sign tile same, in manner
hereinbefore prescribed, and the minister shall deliver one certificate to
.
the parties immediately after the marriage 'end chaff transmit the other
to
the Registrar General within seven days thereafter, and the Registrar
General shall file the same in his office.
R6. The Registrar General shall rebister `,ill certificate of marriage
filed in his office in such order and manner as he thinks best suited' for
easy reference thereto.
27. Any certificate of marriage filed in the. office of the ,Registrar
General; or a copy thereof, provided it purport. to be signed and
certified
as a true copy by the Registrar General, and to be sealed or stamped with
his official seal, shall be admissible as evidence of the marriage to
which
the same relates in any Court of Justice, or before any person now or
hereafter having by law or by consent of parties authority to hear,
receive
and examine evidence.
2. The Registrar General may, when authorised by the Colonial

rrors in
Secretary, correct any clerical error in any certificate of marriage upon
production to him of the certificate delivered to the parties, and shall
authenticate every such correction by his signature, or by marking the
same with his initials, and the date of making the correction.
Invalid 29. No marriage shall be valid which would be null and void on
marriages. .
the ground of kindred or affinity inv England or Wales.
A marriage shall be null and void. if both parties knowingly and

wilfully acquiesce in its celebration in any place other.than the office.
of
the Registrar General or a licensed place of' worship (except when
authorised by special licence), or under a false name or names, or without
certificate of notice or licence duly issued; or by va person-not: being a
coppetent minister, or the Registrar General or his deputy:
ORDINANCE No. 14 of 1875.

Marriage.

But no marriage shall, after celebration, be deemed invalid by reason

that any provision of this Ordinance other that the foregoing has not
been complied with. _

30. All marriages celebrated under this Ordinance shall be good
:.and valid injaw to all intents and purposes.

31. Whosoever, knowing that the written consent of the proper
personas herein prescribed has not been obtained, shall marry or assist or
procure any other person to marry a minor under the age of twenty-one
years, not being a widow.or widower, shall be guilty of a misdemeanor,
and upon conviction thereof, before the Supreme Court, shall be liable,
at the discretion of the Court, to b'e imprisoned for any term not
exceeding
two years with or without hard labour. ,

Any minister shall be guilty of a misdemeanor who wilfully celebrates
a marriage, in the case of a minor, without such written consent as
herein prescribed, or who wilfully celebrates a marriage, contrary to
any other provision of this Ordinance, or knowing that any provision of
this Ordinance has not been complied with, and upon. conviction thereof,
before the Supreme Court, shall be liable, at the discretion of the Court,
to be imprisoned for any term clot exceeding twc~years.

32. Any minister who,, after celebrating a marriage, fails to transmit
the certificate thereof to the Registrar General within seven days there-
after, shall be liable to a penalty not exceeding fifty dollars.

33. Whosoever wilfully removes, defaces, alters, or destroys any
copy of a notice of intended marriage, shall be liable to a penalty not
exceeding twenty-five dollars.

34. Whosoever knowingly and wilfully celebrates or pretends to
Personsundu-

ly -celebrating
.:celebrate a rnarriane, not being legally competent so to do,. shall be
guilty marriage. ;

~of a misdemeanor, and being convicted thereof before the Supreme Court,
shall be liable, at the discretion of the Court, to be imprisoned for any
.term not exceeding two years with or without hard labour.

35. All penalties for offences against this Ordinance ma ~:e ` penalties.
,.-
recovered in a s .. . , .
ummaly Way before any Magistrate.

36. The fees specified in the schedule hereto shall be paid to tile Fees.
._ .
Registrar General. for the several matters to which they, are applicable,

:and shall be by.him paid into the Colonial Treasury.
i

Marriages
under this
Ordinance
valid.

Marrying
minom with-
out consent. of
proper person.

Penalty for
failing to.
transmit
certificate of
marriage.

Penalty for
defacing
notices.
Application,
~f. orainazaue.

ORDINANCE No. 14 of 1875.

37.. The Registrar General may, in cases when he is satisfied of the

poverty of the parties, reduce the arllounts of the said fees, or even
hewit~
them altogether. `

38. The forms contained in the schedule hereto may he used in tlnc-
cases to which they are applicable with such alterations as circumstances
render necessary. .

39. This Ordinance shall apply to X11 marriages where one or both
the parties profess the Christian religion.

40. This Ordinance shall not come into operation until Her Majesty's
confirmation thereof shall have been proclaimed in the Colony by the
Governor, and thereupon Ordinance Ncb, 1 of 1.82, and Ordinance No. 4
of 1875 shall be and the same are hereby `repealed; but such repeal shall.
not affect anything theretofore lawfully done under either of the said
Ordinances.

SCHEDULE,

Form A.

x,

Registrar General's C'artificate.

:T, , Registrar General for the Colony of Hongkong, do hereby
rertifYahat on the day of notice was duly entered in the

marriage notice hook of~ the said. Colony of the marriage intended to be
had between
the parties herein named acid described.

Names. ~ Condition. ~ t?fLnk or Profession. ~ Aae. ~ Dwelling Place.

`D~e of notice entered 187 . The issue of this cer tificate , has not
been::
T~=of certificate given 1$7 . forbidden by any person authorised to
forbid the issue thereof.

'Vitoess my hand this

day of

'`; ' Registrar General:

Thigcertificate will be void unless the marriage is solemnised on or
before tl
day of ` 187

J
This certificate is issued by virtue of the Governor's licence dated the

do,v of 187
ORDINANCE No. 14 of 1875.

Marriage.

Form B.

Marriage .Licence.

Ordinance No. of 1875, section lv.

Whereas on the day of 18-7 , notice was given to the Registrar
General of a marriage intended to be had between A. B. and C. D. therein
mentioned,
and the said A. B. desires to obtain a licence for the immediate issue of
a certificate of
such notice, and has made before the said Registrar General the affidavit
required by
' The Mar riage -Ordinance, 1875,', section 15.

Now, therefore, in pursuance of the said Ordinance, I do hereby authorise
the said
Registrar General to issue the said certificate, at any time on or after
the
-clay of , and within three ealen1tr months of the said day of '~°

Given under my hand this day of 18'7

Form C.

>pecial Licence.

Governor. 41

Ordinance No. of 1875, section 14.

Whereas A. B. and C. D. desire to marry, and sufficient cause has been
shown to

4

me why such marriage should be allowed without the formalities prescribed
by 'The

Marriage ,Ordinance, 1875.' .

Now; therefore, in pursuance of the said Ordinance, - do dispense with
the giving
-:of notice and ;the issue of ,tle certificate thereby.preseriaed for as
the case may

bed and
do hereby authorise any C'om etent erson to csIebrat6 marriage between
the said A. ,B:
p p. _

_ aa~d C. ~.D. at [.place of celebration] upon the, day of
`.between he hours of , ,, in tkl~ fcfrenoon and

Given under my hand his

187 ,
in the afternoon=;

Governor.---
U1-II)INANCC \To. -14~ oF 187.

.11Tarriage.

FORM OF CERTIFICATE.

Hongkong Ordinance No. of r875, sec. 23. Honykong Ordinance No. of 1875,
gee. 23.-

18---1larri<tge soletnaised in the at in Hongkong. 18-3J'arrIaoc
solemnised in the at in Ilongl:ong. .

Married in the----according to the rites any
ceremonies of the-by-by for before) in

This marriage urns ~ in the pre-
solemniseU be- ~ ~ senco of us,
tween us,

TABLE OF FEES. 2

Married in the--according to the rites arid
ceremonies of the-by-by [or before] me,

'this marriage was
solemnised be-
tween us,

Notice of marriage, section 8, ' Nil.
Certificate of notice, sectioli lI, One dollar.
Marriage licence, section 12, Five dollars.
Special licence, section 14 . ,., Twenty-five dollars.

Marriage at the office of the Reaistrar General,...'I'wd dollars.

in the pre-
serve of us,

[Confirmation proclai»zed .Tst 11Tarcla, 1876, and in,forcc from that
date.]

TQr Registrar General's .11 otice of the 2nd N arch, 1870, of 'the grant
by the-

Goeerxtor° of licences for the ceie.bration of'inderzes purszr,q,,?zt to
section 6 of the said:
Ordinance, see Gazzette Ph Harch;,18 76.

,.F'or Registrar General's l1'otice of the 15th July, 7889, as to
licensing the LVeSleyanw
Chapel in No. 127, Wellin3ton Street, as a place for the celebration of
marriages'-,
see, G'azettc 20th July.
ORDINANCE No. 14 of 1875.

Marriage

For Registrar General's Notice of the 25th January, 1890, as to licensing
the premises
known as St. Stephen's Church, situate in the upper_floor of the. Church
Mission School
in N'ew Street, as a place for the celebration of marriages, see Gazette
25th January, .T 89 0

Registrar General's -Yotice. (Gazette 11th October, 1890. )
The Marriage Ordinance, 1875.

Notice is hereby given that the following places of public worship have,
in accordance
with section 6 of the said Ordinance, been -licensed by the Governor for
the celebration
of marriages.

1. St. John's Cathedral, Victoria.
2. St. Peter's Church, Victoria.
3. Berlin Foundling House Chapel, 11 Betbesda,' Victoria.
4. Basel Mission Chapel, Victoria.
5. The Church of the Immaculate Conception, Victoria.
6. The Church of St. Francis Xavier, Victoria.
7. St. Paul's College Chapel, Victoria.
8. The To-tsar Chapel, Victoria. .
9. The Wesleyan Chapel in No. 12'l, Wellington Street, Victoria. ,
10. The premises known as St. Stephen's Church, situate in the upper floor of
the ChurehiMission School in New Street, Victoria.
1401
Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.
Registrar of marriages and deputies.
1402
The Governor may license places of worship.
Licences to be gazetted.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
1403
Forms of notice to be supplied gratis.
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage of not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
1404
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
Appeal to the Supreme Court.
Penalty for false statement.
Marriage in licensed places of worship.
1405
Marriage certificates.
Marriage before the Register General.
1406
Marriages by special licence at other places.
Certificates how filed.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1407
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
1408
Remission.
Forms.
Application of Ordinance.
Suspending clause.
Repeal.
1411

1401
Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.
Registrar of marriages and deputies.
1402
The Governor may license places of worship.
Licences to be gazetted.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
1403
Forms of notice to be supplied gratis.
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage of not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
1404
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
Appeal to the Supreme Court.
Penalty for false statement.
Marriage in licensed places of worship.
1405
Marriage certificates.
Marriage before the Register General.
1406
Marriages by special licence at other places.
Certificates how filed.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1407
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
1408
Remission.
Forms.
Application of Ordinance.
Suspending clause.
Repeal.
1411

https://oelawhk.lib.hku.hk/items/show/350

CROWN REMEDIES ORDINANCE, 1875

short title.

Colonial
. Treasurer
may sue for
rent, asaess-
meats and
.fees:
:9 of 1$69

Service of
,.Wnt -of BUM=
ions.
~9 of ~8~9, ,

Certificate of
Colonial
'Trgasurer to
'be evidence.
-Cq of 1869
..2:j

Form of
certificate.
~n of 18 73
s. lp.]

Surveyor Ge.
neral to sign
certificate for
recovery of
Crown rent.
[14 of 1873
s:16.J

Colonial

Treasurer may appear
b9 y
person.
~9 : f 1869
a. s

ORDINANCE No.. 13 OF ~ 1870'.

Crown Remedies.

No. 13 of 1875.

'Title. a An Ordinance for consolidating and amending the law relating

to the speedy recovery of Crown Debts for Rents and fob
Assessments, Fees and Forfeitures.

[7th September, 18 75. ]

VE it enacted by the Governor of Hongkong~ w-with the advice of the

,r
Legislative Council thereof, as follows . .

1. This Ordinance may be cited as ' The Crown Remedies Ordill-
nance, 187:i.'

2. Whenever any person makes ndefault in, payment of any sum of
money due or pad=able by him to the Crown in respect 'of rent, or of any
assessment for rates, or in respect of any fees or forfeitures, or of any
instalment thereof, the Colonial Treasurer may recover the same by suit
''in the, Summary Jurisdiction , of the Supreme Court; and may do' sb
.although the amount claimed exceed one thousand dollars.

~3. The, writ of summons in any such suit shall be taken to have'
beeri c1uIy served, if it appear to the satisfaction of the Court that
the writ
V

4s lift ,at the, defendant's residence or place , of business, or in
case, th~
saxrie is unknown then that it was left on the tenement or premises y
respect of which the claim is made.

4. .k certificate purporting to be under the hand of the Colonia
Treasurer, and setting forth that the sum claimed is due or payable to th
Crown, and that the person sued is liable to the payment thereof, an
specifying the nature and particulars of the claim; shall be prima face
evidence of the facts certified therein and of the signature of the Coloni
Treasurer thereto.

Such certificate shall be sufficient if made in theforxn in the schedul
hereto, or to the like effect.

ro. In suits for the recovery of Crown rents, the certificate shall m
be sufficient unless it purports to be signed by the Surveyor Genera 'Z

~' .hand offlcer ' as amended by 0'a°dinanc~e No.. 3'qf.T 588., ] as well
as by th
Colonial Treasurer.

6. .In all matters under this Ordinance, tb4'e Colonial Treasurer shat
sue as Colonial Treasurer, but may be represented in the Court by any
person whom he shall appoint in that behalf.
ORDINANCE No. 13 of 187 5.

Crown Remedies.

7. In all cases under this Ordinance, the Court may award `interest Court
may

award inter-
~at the rate of twelve per centum per annum upon the sum recovered from
est.

the day when the same became due or payable. C93 ~ less

$, Nothing herein contained shall affect any other remedy of the
°Crown for the recovery of such sums as aforesaid.

9. The Colonial Treasurer may, with the approval of the Court,
appoint a special bailiff for the service of process in p'roceedinbs
under this
Ordinance; and such special bailiff shall have in respect of sack proceed-
ings, the like powers, and shall be entitled to receive the same fees for
the
service of process ,therein as the bailiff of the Supreme Court.

saving Of

other reme-
dies of the
Crown.
L9 of 1869
s. 6.]

colonial
.Treasurer
may appoint
a special
bailiff.
C 14 of 1873
s. 17.]

10. This Ordinance shall take effect upon a day to be hereRfter pro-
Commence-
claimed by the Governor; and thereupon Ordinance No. 9 of ? 869, and
~~,e~i nd

sections 15, 16, 17, and 1$ of Ordinance No. 14 of 187 shall be andethey
are hereby repealed. .

If any .proceedings have been commenced under the said Ordinances
before the repeal thereof, such proceedings may be completed, and the
sums claimed may be recovered, as ifthis Ordinance had not been passed.

SCHEDULE.

.Form of Colonial Treasurer's certificate under- sectiogr 4.

Nature and particulars of claim for Crown rent.

1. 2 . S 4 5
' No. of crown lot in Whether defendant is For what period the
Name of Amou°nf respect of which the original lessee or
. defendant- claimed.: rent is, claimed. Term assignee in possession by .
rent claimed and
E of lease. purchase or mortgage. when due. .
s
ORDINANCE ~,'o. 13 of 1875.

Grown Remedies.

Nature and particzclaxs of claims for police, lighting, water, and

firs brigade rates.

2 4
Name of Amount No, of tenement in Whether defEndant For what period rates
defendant. claimed, respect of which is owner or claimed and when
rates payable. occu pier. due.

Nature and particulars of claims for spirit licence fees.

1 2 3 4 s
A For what period, and
.Whether original
Name of Amount Number, date and licensee or transferree whether entire fee or
defendant. claimed. period of licence. of licence. instalment, and
when de.

I hereby certify that the several persons whose names are entered in the
first
columm of the above schedule have. made default in the payment to the
Crown of the

ganu appearing opposite to t4eiz respective names in the second column,
and that the
said persons are severally liable to the payment thereof in respect of
the claims, the
pature and particulars of which are truly set forth opposite their
respective names in the
third, fourth, and fifth columns.

Dated the 187

or (in suits for crown rent,)

Colonial Treasurer.

I, A.B., Colonial Treasurer of Hongkong, do hereby certify that the
several persons.
whose names are entered in the first column of the above schedule have
made default.
in the payment of the sums appearing opposite to their respective names
in the second
column, in respect of the crown rent, and I, A.B., Surveyor General, do
hereby certify-
that'the particulars of the above claims for crown rent against such
persons are truly
set forth opposite their respective names in the third, fourth, and fifth
columns.

Colonial 'Treasurer.

Surveyor General.

P

[In force from the 18th Septenaber, I87S, by proclamation of the 16th

September, 18T5.1
1398
Title.
Short title.
Colonial Treasurer may sue for rent, assessments and fees.
[9 of 1869 s. 2.]
Service of writ summons.
[9 of 1869 s. 4.]
Certificate of Colonial Treasurer to be evidence.
[9 of 1869 s. 2.]
Form of certificate.
[14 of 1873 s. 15.]
Surveyor General to sign certificate for recovery of Crown rent.
[14 of 1873 s. 16.]
Colonial Treasurer may appear be any person.
[9 of 1869 s. 5.]
1399
Court may award interest.
[9 of 1869 s. 3.]
Saving of other remedies of the Crown.
[9 of 1869 s. 6.]
Colonial Treasurer may appoint a special bailiff.
[14 of 1873 s. 17.]
Commencement and repeal.

1398
Title.
Short title.
Colonial Treasurer may sue for rent, assessments and fees.
[9 of 1869 s. 2.]
Service of writ summons.
[9 of 1869 s. 4.]
Certificate of Colonial Treasurer to be evidence.
[9 of 1869 s. 2.]
Form of certificate.
[14 of 1873 s. 15.]
Surveyor General to sign certificate for recovery of Crown rent.
[14 of 1873 s. 16.]
Colonial Treasurer may appear be any person.
[9 of 1869 s. 5.]
1399
Court may award interest.
[9 of 1869 s. 3.]
Saving of other remedies of the Crown.
[9 of 1869 s. 6.]
Colonial Treasurer may appoint a special bailiff.
[14 of 1873 s. 17.]
Commencement and repeal.

https://oelawhk.lib.hku.hk/items/show/349

RATING ORDINANCE, 1875

1390

No. 12 OF 1875.

Rating.

No: 12 of 1875.

Title. An Ordinance to consolidate and amend the Ordinances relating to the

Assessment and Collection of Rates in the Colony.

- [r th September, 1875.

Preamble . , WHEREAS it is expedient to consolidate and-amend the
Ordinances relating to the
. y assessment and collection of rates in Hongkong: 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 as 'The Rating Ordinance,

Interpretation. ,,, In this Ordinance:-
w
The term 'City of Victoria' means the' City of. Victoria as bounded and
defined under tile provisions of the 'Victoria Registration Ordinance,

1866.'

The form 'Tenement' means any laud, 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 immediate landlord of
any tenement, or the agent of any such holder or landlord who is absent
or under disability.

Valuation-Appeal.

Appointment $, The Governor in Council may, from time to time, appoint one
or more valuers
of valners.
t5 of 1863 g. s.] for the purposes o£ this Ordinance, land nay allow them
such remuneration as he
` thinks fit. ,,

Valuation or ¢, The valuers so appointed shall, in each year, before such
day as the Governor
tenements to be
made., in Council directs make or cause lo be made a valuation of the
tenements in the
15 of 883 sees. 3 , and 4.; Colony, or of such part thereof as the
Governor in Council directs.
Adoption of 5. The Governor in Counci nay, in any year, adopt any existing
valuation, either
existing
valuation for wholly or in part, as the valuation for the ensuing year, or
for any part thereof;
the ensuing ,~
)'ear.

(5 of 1888 sand in such case shall cause notice of such adoption and of
the extent thereof to be. 4.]

published in the Gazette before the day for completing the valuation.

Any existing valuation so adopted shall, forthe purposes of appeal, be
considered'
as a new valuation.

Powers of 6, Any valuer may require the owner or occupier of any tenement
to furnish him
valuers.
[5 of 1883 a. 5.] with tile particulars specified in the headings to form
A in the schedule hereto; and
May, from tine to time, enter into and upon any tenement for the purpose
of
making a valuation thereof; and
ORDINANCE No. 12 of 1875.

bating.

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
twenty-four hours from the delivery of such notice may, at any time
during the day
time, enter into and upon the said tenements and inspect the same and, if
necessary,
may use force to effect his entry, doing no more damage than is necessary
for the

c
purpose.
Such notice may be. given in the form B in the schedule hereto.

7. If any owner or occupier, of a tenement refuses or neglects to furnish
the x'enalties r
i5 of 156 3 s. 5.3
aforesaid particulars within one week after being required to do so;
Or knowingly furnishes false or incorrect particulars;
Or prevents, hinders, or obstructs any valuer from entering or inspecting
ally
tenement after delivery of such notice and after the lapse of twenty-four
hours;
He shall, on conviction in a summary way, be liable to a penalty not
exceeding one
-hundred dollars.

8. The valuers shall cause every tenem6nt to lie separately valued, and
shall make Aio<le of
vaiimti on.
the valuation thereof by estimating the gross annual rent at which such
tenement may 14 of 1gss s, fi.~
reasonably, be expected to let for the ensuing year.

In estimating the value of a tenement the value of any machinery
contained therein
shall not be included.

9. As soon as the said valuation is completed, the valuers shall make out
a list, l,i,t of
divided into districts, of the several tenements valued, and of their
respective valuations, i6 <t 1'863 s. ia.i
and shall deliver the same to the Colonial Secretary, not later than
seven days after

the day for completing the valuation.

The valuers shall also make and subscribe, in the presence of the
Colonial Secretary, i,o be verit;eo 1v
(1('l'.liLt'atl(>YY.

a declaration to the effect that the said list contains a true account of
all valuations
made by the declarants, and that the same is, to the best of their
knowledge and belief,
correct in all other particulars.

10. In making out the said list, the valuers sball distinguish all
religious edifices,
hospitals, and cemeteries, and all tenements, and portions of tenements
of a public
nature or used for charitable purposes, or which are used and maintained
for the
purposes of science, literature, or fine arts exclusively, and not for
pecuniary profit:
:and all such edifices, hospitals, cemeteries, and tenements; or portions
of tenements,
shall be exempt from assessment and from the 1>a.yment of rates.

t;e1i#;iums edifice,
and public buil<l-
ill ys to be
flistinguisbed in
the list, and
exempt from
s,asessment.
,5 of 1863 S. 1.1

21. The valuers shall,, not later than seven days after the day for
completing the Notice ofthe
valuation to be
valuation, leave or cause to be left with the occupier of every tenement,
or with some given to each
tenement.
person resident therein, `notice in writing of such valuation having been
made and of
the amount thereof.
Such notice may be given in the form C in the schedule hereto;
But the omission to leave such notice upon any tenement shall not
invalidate the
valuation thereof, or relieve any person from payment of the rates.
1
ORDINANCE No. 12 OF 18'75.

Rating.

List to be
exhibited in
country districts.

Appeal from
rates.
C5 of 1863 s. 11.3

12. The said list, or an examined copy thereof, shall be open to public
inspection
at the Colonial Treasury during office hours for fourteen days of which
notice wall be-
previously given in the Gazette.

Any owner or occupier of any tenement included in the said list may tape
any
extract therefrom without payment. '

13. The Colonial Secretary shall cause copies.to be made in English and
Chinese
of the list for each country district, and shall cause the copies to- be
exhibited in a
conspicuous place in the principal. village of each district during the
fourteen days last
above mentioned.

14: if any person feels himself aggrieved by such list on the ground that
he is.
thereby rated for any tenement for which he is not rateable under this
Ordinance;

Or that-any tenement for which lie is rateable is valued beyond its, full
and fair

s
annual rental;

- Or that any person or any tenement that ought to be inserted in such
list is omitted

therefrom;
.
Or that any tenement of any person is valued therein below its full and
fair anlzual_
xental'
The person so aggrieved may, not later than fourteen days after the last
day upon
which the list is open for inspection, appeal to the Supreme Court in.its
summary
jurisdiction.
Nottee of appeal. 16. The appellant shall give to the valuers notice in
writing of his intention to
fs of 1 Soso. 11.7
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; a
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 inserted
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 such person may be
heard upon the
appeal, '

Hearing of lg, The »' Court, apon proof o~f due notice having been given,
shall hear and
appeal. [-8 01883 a. lt.] ,determine 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-,
officer of the Court to amend the said list in such manner as the Court
directs; and:
the officer shall forthwith, in open Court, make the necessary amendments.

The determination of the Court shall be final and conclusive.
B

Assessment. ° ~'

the Governor in , 17, After the time for appealing has expired; the.' '
Governor in Council shall
Council to &x the
rates of examine the said list, or amended list, and assess all tenements
mentioned therein, in
assessment,
la of 1803 s, 12.3 the sulzZS necessary to 1>e levied in the ensuing year
for the purposes of police, lighting,,
water and flee brigade rates; but so that the Police assessment do not,
in any year,

exceed a rate equal to the expenses of the Police estabiishment for ~
such, year, and so
that tile other assessments do not exceed
ORDINANQE No. 12 OF 1875.

Rating.

For the water rate, two per centum on the gross annual rental of tile
several[12 1 of 1860 S. 4.)

tenements assessed;

rental.

For the lighting rate, one and a half per centum on the said gross annual
rental; rL5 of 1863 s. 72.1
For the fire brigade rate, three quarters per centum on the said gross
annual y of 1868 a.8.1

13. The Governor in Council shall, on the above scale, asses all
tenements situate
in the City of Victoria, to all the above mentioned rates.

19. The Governor in Council may assess to the Police rate at a certain
fixedPolice rntein
. country districts.
amount any tenement situate outside the City of Victoria; but so that the
amount (5 of lsc;a a. 1sa
assessed do not exceed the sum for which the tenement would have peen
liable if situate
within the City.

20. The said rates shall be assesseJ as from the first day of January in
each year,
or from such other day as the Governor in Council may appoint; and though
assessed
separately, shall be levied as one rate, and shall be paid in adv ance at
the Colonial
Treasury at such times as the Governor in 1'ouncil may oppoiut. The
Governor in
Council shall appoint the days of payment at the time of assessing the
rates, and shall
forthwith cause the rate of assessment and the clays of payment to be
published ill the
Gazette.

Rates in the City
of Victoria.

Valuation of improved tenerne-yzfs.

21. The Governor in Council may; at any time, direct the valuers to make a
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
>nade out the aforesaid list.

22. The valuers shall make such valuation in the manner hereinbefore
prescribed,
and may egerciae similar powers of entry and, inspection, and. shall
notify to the Colonial
Secretary the amount of such valuation when made. The valuels shape
also, without
delay, leave or cause to be left with the occupier of the tenement, or
with solve person
resident therein; notice in writing of such valuation having been made,
and of the
amount thereof. .
Such notice may be given in the form C in the schedule hereto.

The tenement shall not be liable to be assessed until such notice is left.

23. If any person fee1himself aggrieved by such valuation, on the ;round
that appeal from
valuation.
the tenement is not rateable under this Ordinance, or that ale tenement
is valued
beyond its full and fair annual rental; the person so aggrieved may, not
later than
fourteen days after the said notice is left, appeal to the Supreme Court
in its summary

Jurisdiction.

24. The appellant shall give to the valuers notice in writing of his
intentioD to Notice of appeal.
appeal, and of the ground of appeal; seven days, at the least, before the
bolding of the
-Court at which the appeal is to be heard.

hates to be
assessed for a
year, and payable
in advance.
(5 of 1863 s. 72,
18 apd 11 of 1s67
s. 3

Valuation of new
buildings.

Mode of
valuation.
TUaring of

bi.

A4I' uF
rates,

h1 V t il(!TI t.

Rates to ate all
c7ceupter's tnx.

w. 3.7

ORDINANCE No. .12 of 1875.

Rating.

25. The court, upon proof o£ due notice having been given, shall hear and
determine the matter of the appeal in a summary way, and shall make such
order
therein as it thinks proper, with or without costs to either party.

The determination of the Court shall be final and conclusive.

A copy of the order made uy the Court shall be forwarded. to the Colonial
Secretary.

26. After the time for appealing has expired, the Governor in Council
shall assess
the tenement in the sum proper to be levied thereon in tie current year
for the purposes

of the aforesaid rates according to the scale hereiubefore prescribed.

2'7. The rates so assessed shall be first paid on the next dap appointed
for the
payment of rates, and shall thereafter continue to be payable as if they,
were included
in the general list. .

Paymaent--.Refund.

r

28, The owners and occupiers of all tenements shall be liable to the
Crown for
pay:rient 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, rosy be recovered by him from the occupier in an
action for money

paid to his use, or, if he is still ii occupation of the tenement, by
distress in the same
manner as for rent at common law.

29. The rated paid into the Colonial Treasury shall be applied in payment
of the

of cute:

Police establishment and of the expenses conr;cted therewith;

With;

therewith.

In payment of the expenses connected with lighting the City of Victoria;
In maintaining the water works and in payment of the expenses connected
there.

And. in me,intaining the fire bri~adu, and in payment of the expenses
connected

Recovery of 34. If any person fail to pay airy rates for which he is
liable, upon the day notified.
rate8.
[m of issa g. 4.7 in the Gazette as the day for payment, the Colonial
Treasurer may recover the same
See ordinance 13
'f'R7'' by suit in the summary jurisdiction of the Supreme Court, together
with interest at
the rate of twelve per centum per annum until the day of payment.
Refund of rates 31, Whenever any tenement is unoccupied during' any
quarter or other period in
for uninhabited
tenement. respect of which the rates upon such tenements were paid in
advance, or during any
1l of 1867 s. b.7 .
, one or more entire months of such period, or an amount t.oportioned to
the months.
when the tenement was unoccupied.
Icede of oiltabl- 32, Such refund may be obtained in the f6llowing manner:
fn rethnd.
III of 1867 ,.s.1 (a.) The person claiming the refund, or somerperson on
his behalf, shall,
'within fifteen days after such quarter or other period expires, file in
the-
summary jurisdiction of the Supreme Court a petition in the form D

in the schedule hereto, verified uf the affidavit or declaration of the-

petitioner.
ORDINANCE -loo. 1 o.18i5.

Rating.

1395

(b.) The Court shall refer every such petition to the Colonial Treasurer;
who [ta of 1873 8, z4'.l
shall return the same to the Court with an endorsement to the effect
that the claim, or any portion thereof, is admitted, or that it is not
admitted, as the case may be, and in case the claim, or any portion
thereof, be not admitted, the Colonial Treasurer, or some person on
his behalf, shall appear in opposition thereto on such day as the Court
shall appoint. '

(c.) If the Court is satisfied that the petitioner is entitled to the
refund to of 1867 S. S Q
.

claimed, or to any portion thereof, the Judge shall certify to the
amount by endorsement on the petition in the form E in the schedule

hereto.

3 . The Court may adjudicate upon a petition for a refund of rates,
although the
claim exceeds one thousand dollars:-,ad for the purpose of such
adjudication, may
receive any evidence it thinks fit.

34.' The Colonial Treasurer may refund any amount certified by the Judge,
upon Colonial Treas-
urer to refund

delivery of a copy of the certificate sealed with the seal of the Court,
and bearing the upon a copy of
the certificate.
petitioner's receipt for the amount. Ill of 1867 &1.1

35. The Governor may, if lie thinks fit, for any cause whatever, order
the-Colonial
Treasurer to refund the whale or any portion of any rates paid by any
person.

Court -inaj
entertain peti-
tion exceeding
1,000.
ill of 1867 s. 6.1

111 isnamer-Regzdcctions-repeal.

36. No misnomer or inaccurate descxiptio~ of any person, place, or
tenement in
any document required for the purpo'ses of this Ordinance, nor any
mistake, infor-
mality, or omission committed in any proceeding had hereunder, shall
invalidate
or prejudice such document of proceeding, or in anywise affect the
execution of this
Ordinance, provided that such person, place, or teneinent be designated
in such docu-
ment or proceeding to common intent and understanding, and that such
mistake,
informality, or, omission be not of such a nature as to prevent the
requirements of this
Ordinance from' being substantially complied with.

37. The Governor in Council may, from time to time, make, alter and
repeal Regulations.
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.

38. This Ordinance shall take effect upon a day to be hereafter
proclaimed by the Commencement
and repeal.
Governor, and thereupon the following Ordinances and sections of
Ordinances shall be

and; they are hereby repealed ~`y '
Ordinance 12 of 1860,

5 of 1863,

11 of 1'867,
4 of 1868

14 of 1873, . . . : . . . . . . _ . . . . . . . . . . . , . . . 14: -

Governor may
order refund.
[11 of 1867 8.8.1

Misnomers, 8;c.,
not to affect the
execution of
this Ordinance.
(5 of 1863 s. 18 1

.. : ~ The whole.

.Sections 8 and 3.
ORDINANCE No. 12 ©F 1675.

Rating.

But this repeal shall not revive any enactment repealed by any of the
said Ordinances
and shall not affect the validity of any rate made before the
commencement of this
Ordinance, or the liability, of any person to pay such rates, or the
remedies for recover-
ing such rates, and the said remedies may be enforced as if this
Ordinance had not
been passed:

SCHEDULE TO WHICH THIS ORDINANCE REFERS.

Form A.

FOR THE ASSESSMENT OF THE YEAR 137

To owner or occupier [as flee case may be] of

In pursuance of 'The Rating Ordinance, 1375,' we require you to furnish
us with the particulars

relating to this tenement in the manner specified in tliie dcpument
hereunto annexed, and return the
same to us at within one week from the date hereof.

Dated this day of

T~'alucrs ztndcr 'The Rating O~dirtanec., 1575.''

FOR ASSESSMENT OF THE YEAR 187

Return of houses, buildings, and lands, at

of which the undersigned is owner.

in the Colony of Hongkong,

Description of
tenement. - 1f let or leased, the
Name of No. and descrip- 1 Whether dwell- Whether occupied Actual
amount period of the tenure
d street, tj of land , or vacant. of rent per when entered upon,
nl;-house with 1
d road lot whether outhouses, garden, If the former, name annum in dollars and
whether the ~,
~ '
a or marine or 3:c,, occupied there- and calling of the for each premises
are kept
y
place. inland. with, or occupier, whether tenement. in repair by the
05 2, Warehouse or owner or lessee. owner or the lessee
other building, &.v, at his own cost.
o separately occupied.
d
iF9

Form B.

,F OR T14E ASSESSMENT Oh' THE YEAR 187

'1'0 occupier of a We hereby give you notice under the provisions of
section 6 of 'The Rating Ordinance, 1875,' that
ire require permission to enter upon the above tenement for the .purpose
of inspecting the same so as
to enable us to fix the valuation thereof for the year 187 : and' th^'at
we intend to enter upon the said

tenement on

Victoria, Hongkong, the

day nest between the hours of and

Iitlztcrs wider 'The Tating Cruinance,1875.'
1397

No.

ORDINANCE No. 12 of 1875.

Rating.

Form C.

VALUATION FOR THE YEAR 187 UNDER 'THE RATING ORDINANCE, 1875.'

To

enumerated
at

or occupier or holder of the tenement hereunder

Under the provisions of section 11 of the said. Ordinance, the
,undersigned hereby inform you that
the tenement specified in the statement given below ha been valued to the
rates for the said year
at the gross annual rental therein separately specified.

STATE MENT.

Eating No. Registrar Number and Nhme of street, Description of Gross
annual remarks.
description of la4d
General's No. lot on which situated. road, or place. tenement. rental.
c

TTWluers under 11 The Bating Ordinance, 1875.'

Form D.

IN THE SUPREME COURT OF HONGKONG, SUMMARY JURISDICTION.

The day of
In the matter of A. B. and ' The Rating Ordinance, 1875.'

The humble petition of A. B.
sheweth

187

(State briefly t7ae grounds on w7eick a refund is claimed.]

And your petitioner will, &c.,
I, A. B., make oath and say [or declare, as the case may be] that the
matters above contained arc
true in substance and in fact.
Sworn [or declared] before me.

Form E.

IN THE SUPREME COURT OF HONGKONG, SUMMARY JURISDICTION.

The day of
In the matter of A. B. and ''The Rating Ordinance, 1875.'

I .hereby certify that A. B. has proved to my satisfaction: that he' is
entitled to a refund of the rates.
paid by him amounting to $

187

C. D.,
.Ticdgc.

[In force, from the 1st January, 18 76, by proclamation 16th September,
1875: repealed by Ordinance No. 21 of 1885.
1390
Title.
Preamble.
Short title.
Interpretation.
Appointment of valuers.
[5 of 1863 s. 3.]
Valuation of tenements to be made.
[5 of 1863 secs. 3 and 4.]
Adoption of existing valuation for the ensuing year.
[5 of 1863 s. 4.]
Power of valuers.
[5 of 1863 s. 5.]
1391
Penalties.
[5 of 1863 s. 5.]
Mode of valuation.
[5 of 1863 s. 6.]
List of valuations.
[5 of 1863 s. 9.]
To be verified by declaration.
Religions edifices and public buildings to be distinguished in the list, and exempt from assessment.
[5 of 1863 s. 7.]
Notice of the valuation to be tenement.
1392
The list to be open for inspection at the Colonial Treasury.
List to be exhibited in country districts.
Appeal from rates.
[5 of 1863 s. 11.]
Notice of appeal.
[5 of 1863 s. 11.]
Hearing of appeal.
[5 of 1863 s. 11.]
The Governor in Council to fix the rates of assessment.
[5 of 1863 s. 12.]
1393
[12 of 1860 s. 4.]
[5 of 1863 s. 12.]
[14 of 1868 s. 8.]
Rates in the City of Victoria.
Police rate in country districts.
[5 of 1863 s. 18.]
Rates to be assessed for a year, and payable in advance.
[5 of 1863 s. 12, 13 and 11 of 1867 s. 3.]
Valuation of new buildings.
Mode of valuation.
Appeal from valuation.
Notice of appeal.
1394
Hearing of appeal.
Assessment of rates.
Payment.
Rates to be an occupier's tax.
[11 of 1867 s. 3.]
Application of rates.
Recovery of rates.
[11 of 1867 s. 4.]
See Ordinance 13 of 1875.
Refund of rates for uninhabited tenement.
[11 of 1867 s. 5.]
Mode of obtaining refund.
[11 of 1867 s. 5.]
1395
[14 of 1873 s. 14.]
[11 of 1867 s. 5.]
Court may entertain petition exceeding $1,000.
[11 of 1867 s. 6.]
Colonial Treasurer to refund upon a copy of the certificate.
[11 of 1867 s. 8.]
Misnomers, &c., not to affect the execution of this Ordinance.
[5 of 1863 s. 19.]
Regulations.
Commencement and repeal.

1390
Title.
Preamble.
Short title.
Interpretation.
Appointment of valuers.
[5 of 1863 s. 3.]
Valuation of tenements to be made.
[5 of 1863 secs. 3 and 4.]
Adoption of existing valuation for the ensuing year.
[5 of 1863 s. 4.]
Power of valuers.
[5 of 1863 s. 5.]
1391
Penalties.
[5 of 1863 s. 5.]
Mode of valuation.
[5 of 1863 s. 6.]
List of valuations.
[5 of 1863 s. 9.]
To be verified by declaration.
Religions edifices and public buildings to be distinguished in the list, and exempt from assessment.
[5 of 1863 s. 7.]
Notice of the valuation to be tenement.
1392
The list to be open for inspection at the Colonial Treasury.
List to be exhibited in country districts.
Appeal from rates.
[5 of 1863 s. 11.]
Notice of appeal.
[5 of 1863 s. 11.]
Hearing of appeal.
[5 of 1863 s. 11.]
The Governor in Council to fix the rates of assessment.
[5 of 1863 s. 12.]
1393
[12 of 1860 s. 4.]
[5 of 1863 s. 12.]
[14 of 1868 s. 8.]
Rates in the City of Victoria.
Police rate in country districts.
[5 of 1863 s. 18.]
Rates to be assessed for a year, and payable in advance.
[5 of 1863 s. 12, 13 and 11 of 1867 s. 3.]
Valuation of new buildings.
Mode of valuation.
Appeal from valuation.
Notice of appeal.
1394
Hearing of appeal.
Assessment of rates.
Payment.
Rates to be an occupier's tax.
[11 of 1867 s. 3.]
Application of rates.
Recovery of rates.
[11 of 1867 s. 4.]
See Ordinance 13 of 1875.
Refund of rates for uninhabited tenement.
[11 of 1867 s. 5.]
Mode of obtaining refund.
[11 of 1867 s. 5.]
1395
[14 of 1873 s. 14.]
[11 of 1867 s. 5.]
Court may entertain petition exceeding $1,000.
[11 of 1867 s. 6.]
Colonial Treasurer to refund upon a copy of the certificate.
[11 of 1867 s. 8.]
Misnomers, &c., not to affect the execution of this Ordinance.
[5 of 1863 s. 19.]
Regulations.
Commencement and repeal.

https://oelawhk.lib.hku.hk/items/show/348

EXTRADITION ORDINANCE (HONGKONG), 1875

ORDINANCES No. 10 of 1875.

Extradition.

No.of 11 of 1875.

An Ordinance to provide for the more convenient administration
of 'The Extradition Acts, 1870 and 1873'
[2nd September, 1875.]

WHEREAS by the Act of the `Imperial Parliament known as ' The Preamble.

cr <r
Extradition Act, 1870 It is amon~st other things enacted that

the said Act when applied by Order in Council, shall, unless it is other-
ORDINANCE loo, 11 of 187 5.

Extradition.

wise provided by such order, extend to every British possession, but
with the following among other rilodifications; namely:

Short, title.

No w<Lrrant of a Secretary of State shall be required, and

all powers vested in, or acts aathorised or required to be done
under the saidet by the Police h~agistrate and the Secretary
w of State, or either of them, in relation to the surrender- of a
fugitive criminal, may be done by the Governor of the British
possession alone;
and any prison in the British possession. play be substituted for a prison
in Middlesex.
And whereas by the said Act it is also enacted that: -
9
If by any lain or Ordinance oracle before or after the passim of the
said Act, by the legislature of any British possession, provision is made
for carrying into elfect,within such ,possession, the surrender of
fugitive
criminals who are in, or suspected of being in such British possession,
Her Idajesty may, by the Order in, Council applying the said Act in the
case of any foreign state, or by any subsequent order;- either
Suspend the operation within any such British possession
of the said Act, or any part thereof, so far as it relates to such
foreign state, and as so long as such law or Ordinance continuEPs
in force there, and no longer;
Or direct that such law or Ordinance, or any part thereof,
shall have effect in such British possession, with or without
modifications and alterations, as if it ,were part of the said Act.
And whereas by another Act of the Imperial Parliament known as
''The Extradition Act of 1$73 ' it is enacted that the said Act shall be
construed as one with 'The Extradition Act, 1870,' and that the said
two Acts rnay be cited together as ' t The Extradition Acts, 1870 and
1873:'
And whereas it is expedient to provide a more convenient method
of administeriug ''fhe Extradition Acts, 1870 and 1873' in this Colony
Be it therefore enacted by the Governor of Hongkong, with the
advice of the het;islative Council thereof, as follows :--
1, This Ordinance may be cited w ~~ The Extradition Ordinance
(Hongkong), 1.875.'

Powers of the 2. All powers vested in, or acts authorised or required to be
done
secretary of '
State to be under The Extradition Acts, 1870 and 1$73' by the Secretary of
State;
exercised by
the Governor. in relation*to the surrender of a fugitive criminal, mav,
in respect to this
Colony, be exercised and done by the Governor.
ORDINANCE No. 11 OF 1875.

.Extradition.

3. All powers vested in, or acts authorised or required to be done
under 'The Extradition Acts, 1870 and 1873' by the Police Magistrate,
in relation to the surrender of a fa(,itive criminal, may, in respect to
this
Colony, be exercised and done by any Police Magistrate of the Colony.
4. Victoria Gaol sball be a prison for the purposes of this Ordinance
and 'The Extradition Acts, 1$70 and 1873.'
5. This Ordinance sball take effect on a clay to be hereafter proclaimed
by the Governor. - '

[In force from the 18th September, 1875, by proclamation of the 16th
September, 1875,
proclaimed also to be in force from 10th April, 18%6, by proclamation of
same date.]

Order of Her Hajesty in Council dated the 20th day of march, 1877.

Whereas by section 18 of ' The Extradition Act, 1870,' it is, among other
,things,
'enacted, that if by any law made before or after the passing of the said
Act by the
'Legislature of any British possession provision is made for carrying
into effect within
'such possession the surrender of fugitive criminals who are in or
suspected of being in
'such British possession, Her Majesty may, by the Order in Council
applying the said
'Act in the case of any Foreign State or by any subsequent order, either
'Suspend the operation within any such British possession of the said
Act, or
41of'any part thereof, so far as it relates to such Foreign State, and so
long
'as such law continues in force there, and no longer
'Or direct that such-law or- Ordinance, or any part thereof, shall have
effect in
'such British possession, with or without modifications and alterations,
as
'if it were part of the said Act: '
And whereas by a certain Ordinance enacted in the year 18715 by the
Governor of
Hongkong, with the advice of the Legislative Council thereof, and
numbered 11, of the
s4id year, the short title of which is 'The Extradition Ordinance
(Hongkong), 1875,'
provision is made'that all ppw,ers,vested in, or acts authorized or
required to be done,
under the Acts of the Imperial Parliament known,as the 'Extradition Acts,
1870 and
1873,' by the Secretary of State or by the Police Magistrate, in relation
to the surrender
of a fugitive criminal, which by the said Imperial Acts are in respect of
British possessions
ested in or required to be done by the Governor alone, may, in respect of
the Colony of
Ho'ngkong, be exercised and done by the Governor or the Police Magistrate
of the Colony
respectively : - '
And whereas the said Ordinance has been confirmed and allowed by Her
Majesty
Now., therefore,.tier Majesty, in pqrsuance of 'The Extradition -Act,
1870,' and in
exercise of the power in that behalf in the said Act contained, doth
bythis present order,.
by and. with the advice of Her~,Majesty's Privy Council, direct that the
said 'Extradition
Ordinance (Hongkong), 1875,' shall have effect in the Colony of Hongkong,
without
modification or alteration, as if it were part of ' The, Extradition Act,
1870.'
And the Right Honourable the Earl of Carnarvon, one of Her Majesty's
Principal
0 Secretaries of State, is to give the necessary directions herein
accordingly.

Powers of the
Police Magis-
trate to be
exercised by
the Police
Magistrates of
the Colony.

Gaol.

Commence-
ment.
1387

Title.
Preamble.
1388
Short title.
Powers of the Secretary of State to be exercised by the Governor.
1389
Powers of the Police Magistrate to be exercised by the Police Magistrates of the Colony.
Gaol.
Commencement.

1387

Title.
Preamble.
1388
Short title.
Powers of the Secretary of State to be exercised by the Governor.
1389
Powers of the Police Magistrate to be exercised by the Police Magistrates of the Colony.
Gaol.
Commencement.

https://oelawhk.lib.hku.hk/items/show/347

LEGISLATIVE COMMISSIONERS ORDINANCE, 1875

Legislative Commissioners.

No. 10 of 1875.

An Ordinance for compiling a new Edition of the Ordinance of the
Colony.

[2nd September, I875.]

WHEREAS it is expedient to prepare a new edition of the Ordinaucos of
Hong-
y kong O1Tllttina all Ordinances or parts of Ordinances that have
expired, have
bad 'their effect, or have been expressly repealed or disallowed: -Be it
enacted by the

Governor of Hongyong, with the advice of the Legislative Council thereof,
as follows:_

Authorir.y ro ~,, It steal! be lawful for the Governor to issue his
commission t© any two or more-
Governor to
appoint cola- 'persons directing and enlpowerina them to-greAre a new
edition of the Ordinances of
li1jS31nllC1~S t0
compile 111)(11
Honal:ow-and from tinge to time in case of the death, refusal, or
incapacity to act of
print tile la rs a a> > > > >
of ri'ngf°n'' any of the said commissioners, to issue `s supplemental
colnlrlissiori empowering sore
gother person to act in the stead of such commissioner.
2. The commissioners are hereby authorised to prepare and arrange for publica-
tion the said edition, Ollllttlllyall such Ordinances,
9C'Ci.r011s, and parts Of Ordinances
ORDINANCE No. 10 of 1875.

Legislative Commissioners.

as have expired, have been repealed, or have had their effect, (includin'
Appropriation
Ordinances); omitting all sections which repeal Ordinances, or parts of
Ordinances, as
well as the Ordinances and parts of Ordinances repealed, and omitting all
schedules of
repealed Ordinances.
The commissioners are also hereby authorised to inset into Ordinances any
amend-
ments made by later Ordinances without taking notice of the fact of such
amendments
baying bean made, and to omit the amending Ordinances or parts of
Ordinances.
3. Such edition, when arranged and prepared for publication, shall be
transmitted
by the commissioners to such person as the Governor may, appoint to print
the same;
and the commissioners shall make such arrangements for coprecting the
proof, and
otherwise insuring the accuracy of the publication, as they think
necessary.
4. Every copy of the said edition shall bear on the title page the
words-' Published
by Authority under the Provisions of Ordinance No. 10 of 1875' and the
copies so
authenti.catdd shall, in all courts and upon all occasions whatsoever, be
taken, deemed
and held to be the only lawful Ordinances of Hongkong, as-they existed at
the date of
the passing of the last Ordinance inserted therein: Provided always, that
nothing in
this Ordinance contained shall apply to any operation already effected
by, or act done
under, any Ordinance otuitted in tile said copies, or to any riDht,
title, obligation, or
liability acquired or accrued under any such Ordinance.
5. The commissioners shall, after the printing of the copies aforesaid,
see that the
type is distributed, and shall cause the printed copies to be placed in
the hands of the
Colonial Secretary, to be disposed. of in such manner as the Governor may
direct.
6. It shall be lawful for the Governor to issue his warrant upon the
Treasury for
such sum as he shall deem a reasonable remuneration for the clerk to
be~employed by
the said commissioners, and also for such other charges and expenses as
shall have been
necessarily incurred, in and about the carrying into effect the
provisions of-this
Ordinance.
7. This Ordinance may be cited as 'The Legislative Commissioners Ordinance,

[Repealed by Ordinance No. 31 of 1886 and see Ordinances Nos. 6 and 17
of 1889.]
1386

Title.
[See Ordinances Nos. 6 and 17 of 1889.]
Preamble.
Authority to Governor to appoint commissioners to compile and print the laws of hongkong.
Commissioners to prepare and arrange Laws for publication and
1387

to omit all expired, repealed Ordinances, &c.
Commissioners send to printer and arrange for correcting proof, &c.
Every copy to be authenticated; and copies to be taken as the only Ordinances of the Colony.
Proviso.
Copies to be delivered to Colonial Secretary for disposal.
Provision for remuneration to clerk and expenses of carrying into effect this Ordinance.
Short title.

1386

Title.
[See Ordinances Nos. 6 and 17 of 1889.]
Preamble.
Authority to Governor to appoint commissioners to compile and print the laws of hongkong.
Commissioners to prepare and arrange Laws for publication and
1387

to omit all expired, repealed Ordinances, &c.
Commissioners send to printer and arrange for correcting proof, &c.
Every copy to be authenticated; and copies to be taken as the only Ordinances of the Colony.
Proviso.
Copies to be delivered to Colonial Secretary for disposal.
Provision for remuneration to clerk and expenses of carrying into effect this Ordinance.
Short title.

https://oelawhk.lib.hku.hk/items/show/346

NAVAL STORES ORDINANCE (HONGKONG), 1875

ORDINANCE N©. J or .1875.

11 ac.al Stores.

No. 9 of 1875.
An Ordinance for the more effectual Protection of Her Majesty's
Naval Stores.
[ I 3th J uly, 1 875. ]

BIi; it enacted by the Governor of Hongkong, with the advice of the
Preamble.

o,islat ' ~ il thereof, as follows:-
1. Council.
3. This Ordinance may be cited as ' The Naval Stores Ordinance, short
title, :'
fflOn~li0na, 1$7J.'
2. In this Ordinance:- rnterpreta.
Lion of terries.

«'rne Admi-
ralty.'

Title.

The term ''rhe Adqiirvlty ' means the Lord High Admiral
of the United Kingdom, or the Coalrnissioners for executing
the office of Lord Hiah Admiral, and shall be deemed to include
the officer in command of^lIer Majesty's naval forces in the

Colony. ~ -
The term 'I)caler in Marine Stores' means a person 11 Dealer in
dealing in buying and selling anchors, cables, nails, or old junk, Mere ='
old iron, or marine stores of any description.
The term ' Dealer in Old Metals ' shall wean any person « Dealer in
dealing in buying and selling old metal, scrap metal, broken
Old Metals.'.

metal, or partly manufactured metal hoods, or defaced or old
metal goods, and whether such person deals in such articles
only, or together with second hand hoods or marine stores;
and the term ' Old iVletal ' shall mean the said articles.
The term ' In Her Majesty's Service,' when. applied to « m Her
Majesty's
persons, applies also to persons in the employment of the service:'
Admiralty.
The term ' Stores ' includes all goods and chattels and « stores.'
any single store or article.

31V'o person shall, after the commencement of this Ordinance, use Licence
to

carry on the
trade of a
dealer in ma-
rine stores or
old meal
necessary.

or exercise the trade or business of a dealer in marine stores, or a
dealer
in, old metals, unless- he be the holder of a licence for that purpose.

9ranted by and held at the discretion

of the ,Governor on such. conditions as to fees and subject to such
regula-
tons as shall, froirr time to 'tinze, be prescribed by the Governor in

~Council,

Licences to
be granted by
the Governor
subject, &c.
'YovaZ $5torea.,

Holder of ~ Every dealer in marine stores to whom a licence shall have
been
books, ago. granted shall keep a book or hooks fairly written, and shall
enter therein
an account of all such marine stares, or old metal, as he may, froth time
to time, become possessed of, stating in respect of each article the time
at which and the person from whom he purchased of received the came,
adding in the case of every such last mentioned person a description of
his'business and place of abode.
inspection of g, every person to whom such licence shall have been granted
shall,

.~«~as't~' whensoever thereunto required by any Superintendent or
Inspector of
Police, or by 'any other member of the Police force, bearing a written
order in that behalf under the hand of a Superintendent, produce for the
inspection of the party so requiring him all or any marine stores or old

' metal in his possession, or subject to his control, and all boobs .and
- papers relating to the same.

7. If any person acts in contravention of the provisions contained
in sec'tions 3, 5, on 6, or any regulation made under section 4, he shall
be liable, on summary conviction before a Magistrate, to a'penalty not

E exceeding two hundred dollars, or to be imprisoned for any term not
exceeding three months, with or without hard labour.

nrarxs in $. The marks described in the schedule to this Ordinance may be
schedule
appropriated applied in ot on stores therein described to denote Ides
Majesty's property

for Her

Majesty's in stores so marked.
stores. It shall be lawful for the Admiralty, their contractors, officers,
and
workmen, to apply the said marks, or any of them, in- or on any such
stores as are described in the said schedule. .

rmstRtion a If any person, without lawful authority (proof of which
acithority, -
misdemeanor.
shall lie on the party accused), applies any of the said marks in or on .
any such stores, he shall be guilty of a misdemeanor, and shall be liable
to be imprisoned for any term not exceeding two years, with or without -
hard labour. °

Obliteration ~, If any person, with intent to conceal Her- Aiajesty's
property' irt~
with intent to
conceal Her an yT stores, takes out, destroys, or oblitet%tes, wholly or
in part any such': .

~~it~;t~i ~v. mark as aforesaid, he shall be guilty of felony; and shall
be liable; in the
discretion of the Court, to be kept in penal servitude for any term not

exceeding four years, or to be imprisoned for any term ~ not exceeding,
two years, with or without hard labour,'' and with or without solitary.

confinement.
OIL DIN ANCE No. 9 of 18 7 5.

Naval Stores.

10. If stores are found in the possession or keeping of a person
being in Her TNIajesty's service, or in the service of the Admiralty, or
being a dealer in marine stores, or in old metals, or a pawnbroker (within
the meaning of any enactments for the time being in force relating to
such dealers, or to pawnbrokers), and he is taken or summoned before a
Magistrate, and the Magistrate sees reasonable grounds for believing the
stores found to be or to have been Her Majesty's property, then if such
person does not satisfy the Magistrate that he came lawfully by the
stores found, he shall be liable, on summary conviction before a Magis-
trate, ,to a penalty not exceeding twenty-five dollars.
For the purposes of this section, stores shall be deemed to be in the
possession or keeping of any person, if he knowingly has them in the
actual possession or keeping of any other person, or in any house,
building,
lodging, apartment, field, of place, open or inclosed, whether occupied
by himself or not, and whether the same are so had for his own use or
benefit, or for the use or benefit of another.

11. It shall loot be lawful, for any person, without permission in
writing from the Admiralty, or from some person authori4d by the
Admiralty in that behalf (proof of which permission shall lie on the party
accused), to gather or search for stores, or to creep, sweep, or dredge,
in
the harbour of Victoria within one hundred yards .front any vessel belong-
ing to Her Majesty, or in Her Majesty's service, or from any mooring
place or anchoring place appropriated to such vessels, or from any
'moorings belonging to Her Majesty, or from any of Her Majesty's
wharves, or dock, victualling, or steam factory yards.
If any person acts in contravention of this provision, he shall
be liable, on summary conviction before a, Magistrate, to a penalty not
exceeding twenty-five dollars, or to be imprisoned for any term not
exceeding three months, with or without hard labour.

12. The following sections of .Ordinance No. 7 of 1865 being ' .An
Ordinance to- consolidate and amend the Enactments in force in this
Colony relating to Larceny and, other similar Offences,' shall be mcor-
porated -with this Ordinance, and shall, for the purposes of this
Ordinance,
be read as if they were bZre re-enacted, namely; sections 81 to 83, 86,
88;
and 90 to 99 all inclusive; and for this purpose the expression ' this
Ordinance,' when used in the said incorporated sections, shall be taken
to include the present Ordinance.

Penalty oil
dealer &c.,
found in
possession of
stores, and not
accounting
for them.

No U tiaut:ho'-
ized person to
creep, sweep,
&e., for stores
within 100
yards of any
of Her
Majesty's
Vessels, &c.

Sections 81,
82, 83, 86, 88,
90 to 99 of
ordinance
No. 7 of 1865,
incorporated
with this
Ordinance.
Wot'to pre-
vent persons .
baingindicted
under this
Ordinance.

ORDINANCE No. 9 0F 1875.

Natal Stores.

13. NOthin~ in this Ordinance shall prevent any person from being
indicted under this Ordinance or otherwise for any indictable offe4ice
made punishable on summary conviction by this Ordinance, or prevent
any person from being liabh: under any other Ordinance or otherwise to
any other or higher penalty or punishment than is provided for any
offence her this Ordinance so that no person bL punished twice; for the
m
. e offence.

14. '-'flee \ anal and Yictrx.illiiy Stores Ordinance (I3on~kon~ )
1867' is hereby repealed, but this repeal shall not affect any offence,
act
or think committed or done before the commencement of this Ordinance.

SI;II EhULE.

Marks appnopriaEed for filer Majesty's use in or opt Naval and
Yictualling Stores. -

.lKempe;i cordage and mire

Canvas, fearnought, hammocks, and sea-!

Candles, . . . . . .. . . . . ... .. . . .. .. . . .. . . . , . . . . .
.. . .. . . .

'Timber, metal, and other stores not before
enumerated . 1 The Broad Arrow:

MARKS.

White, black, or coloured worsted threads
laid up with the yarns and the wire
respectively.

A blue line in a serpentine form.
A.louble tape in the warp.
Blue or red cotton threads in each wick.
or wicks of red cotton.

-Regulations made by the .r4d7ninistrator in n 'Council, the 14th,day of
October, 1876, under Ordinance No. 9 of 1875.

Y

1, The fee for each licence to use or exercise the trade or business of a
dealer in
marine stores, or a dealer in old metals, shall be $15 per nwnsem,
payable in advance.

2. All persons who shall trade or deal in marine stores or old metals
shall have
their names with words ' Dealer in Marine Stores,.or Old Metals ' painted
distinctly, in
letters not less than 31 inches in length on a board to be hang up
conspicuously in front
of their shops.
ORDINANCE No.,9 of l8?5.

xVazal Stores.

3. The said houses may only be .open from the 1 st October to the 1 st
April from fi
a. ;r. to f r.-vr., and from the 1st April to the 1st October from 6 ax.
to i 1'.3r.

4. No article of metal, or, any marine store, shall be purchased from a.
child appar-
ently under 14 years of age.

5. The name of every seller, the house number, name of street, and
district in which
lie dwells together with an intelligible description of the article and
time at which it yeas
sold, with price paid, shall be entered in the books'of the shop, which
shall be kept in
the form and manner hereinafter shown in form A-or in such other form as
the Governo
may direct.

g. No escapes through the roof of a licensed house shall be allowed.

7. No other trade oi, business shall be carried on in a licensed marine
or old metal

store.

FORM A.

No. of

Purchase.

Date or Time.

Name of
Seller.( Business.

Residence and
No. of Street.

Nature
of Goods.'

Price

Paid.

uif

H

z

~P9

Order of the Governor in Council of tlw 21st day of .tune, .l877.

Whereas by ' The Naval Stores Ordinance (Honbhong) I8 i 5,' it is enacted
that rio
person should, after the commencement of that Ordinance, use or exercise
the trade or
:business of~ a dealer ;in marine stores, or a dealer in old metals,-
unless he be a holder of
a licence for that,purpose; and that every such licence should, be
granted by and held at
the discretion of the Governor, on, such conditions as to fees, and
subject to such regula-
tion,s, as should, from' time to time, -be prescribed by the Governor in
Council, Now,
.therefor<eHis Excellency JoHrr PorE HrirrNEssy, Esquire, C.f~LG., in
Council, by virtue
of the,powers in that behalf ~y the recited Ordinance or otherwise in him
crested, is,
pleased to order,-that the regulations made by' His Excellency Sir
RICHARD GRAVES
MACDONhELL in.Council, on the 28th day of September, 1867, under 'The
Naval and
--Victualling Stores Ordinance (Hongkong) 186i,' shall remain and
continue in force?
tinder the said recited Ordinance of 18'75, until further notice.
Ordinance No. 9 of 1875.

Naval Stores.

The following are the regulations which axe continued in force by the above Order
in Council :--

1. The fee for each licence to use or exercise the trade or business of a
dealer
in marine stores, or a dealer in old metals, shall be old per mensem, pay-
able in advance.

2. All persons who shall trade or deal in marine stores, or old metals,
shall
have their names with the words 11 Dealer in Marine Stores, or Old
:Metals,'

painted distinctly, in letters not less than 3-1 inches in length, on a
board
to be hung up conspicuously in front of their shops.

3. The said houses may only be open, from the 1st October -to the 1st
April,
from G A.M. to S r.:rr.-; and from the 1 st April to the 1 st October,
from 5
A.M. to 7 r.3t.

4. No article of metal, or any marine stale, shall be purchased from a
child
` apparently under 14 years of ape.

5. The name of every seller, the house number, and district in which ho
dwells,
together with an intelligible description of the article and time at
which it
was sold, with price paid, shall be entered in the books of the shop,
which
shalt 1>o kept in such form and manner as may, from time to time, be
directed by the Captain Superintendent of Police.

G. No escapes through tire roof oI a licensed house :-hall be allowed.

i . The proprietor of each licensed house shall be held responsible
for~arry breach
Of those reo111at14rIS, or of the Ordinance.
1381
Title.
Preamble.
Short title.
Interpretation of terms.
'The Admiralty.'
'Dealer in Marine Stores.'
'In Her Majesty's Service.'
'Stores.'
Licence to carry on the trade of a dealer in marine stores or old metal necessary.
Licences to be granted by the Governor subject, &c.
1382
Holder of licence to keep books, &c.
Inspection of goods, books, &c.
Penalties.
Marks in schedule appropriated for Her Majesty's stores.
Imitation a misdemeanor.
Obliteration with intent to conceal Her Majesty's property, felony.
1383
Penalty on dealer &c., found in possession of stores, and not accounting for them.
No unauthorized person to creep, sweep, &c., for stores within 100 yards of any of Her Majesty's vessels, &c.
Sections 81, 82, 83, 86, 88, 90 to 99 of Ordinance No. 7 of 1865, incorporated with this Ordinance.
1384
Not to prevent persons being indicted under this Ordinance, &c.
Repeal.
1386

1381
Title.
Preamble.
Short title.
Interpretation of terms.
'The Admiralty.'
'Dealer in Marine Stores.'
'In Her Majesty's Service.'
'Stores.'
Licence to carry on the trade of a dealer in marine stores or old metal necessary.
Licences to be granted by the Governor subject, &c.
1382
Holder of licence to keep books, &c.
Inspection of goods, books, &c.
Penalties.
Marks in schedule appropriated for Her Majesty's stores.
Imitation a misdemeanor.
Obliteration with intent to conceal Her Majesty's property, felony.
1383
Penalty on dealer &c., found in possession of stores, and not accounting for them.
No unauthorized person to creep, sweep, &c., for stores within 100 yards of any of Her Majesty's vessels, &c.
Sections 81, 82, 83, 86, 88, 90 to 99 of Ordinance No. 7 of 1865, incorporated with this Ordinance.
1384
Not to prevent persons being indicted under this Ordinance, &c.
Repeal.
1386

https://oelawhk.lib.hku.hk/items/show/345

STEAM-LAUNCH ORDINANCE, 1875

ORM\TAXCE No. .'`8 GF W5.

Steam-Launches.

No. 8 of 1875.

An Ordinance for licensing stnall Passenger Steamers and for other Two:

purposes.

[13th July, 1875.]

HEREAS it is expedient to regulate the number of passengers to be carried
by

small steam vessels, and to guard against accidents thereon from
overloading,

r r from defective machinery: Be it therefore enacted by the Governor of
Hongkong,
with the advice of the Legislative Council thereof, as follows

1. It shall not be lawful for any steam vessel of less than one hundred
tons burden
to carry passengers for hire within the waters of the Colony, or to any
place outside the
waters of the Colony, unless she has obtained a licence as hereinafter
provided.

2. The Harbour Master may issue to steam vessels of less than one hundred
tone

burden licences for carrying passengers upon the conditions prescribed by
such
i°agulations relating thereto as are for the t^ ma beina in force.

3. The re;uhations contained in the schedule hereto shall tale effect
from the
commencement of this Ordinance and shell continuo in force until altered
or repealed
as hereinafter provided.

4. The Governor in ouncilmay,froln time to time, alter, amend, or repeal
the
said regulations'or any of them, and may, make other regulations as
occasion requires.
Every new regulation and every alteration, am endmeut or repeal of an
existing
regulation shall be published in the Government Gazette, and after such
publication
shall have the force of law.

5. If any steam vessel licensed under this Ordinance carries within the
waters of penalty for
carrying pas-

the Colony more passengers than her licence allows, the owner or master
thereof shall 8engersinexcess
of the licence.
be liable to a penalty not exceeding two hundred and fifty dollars.,

6. If any unlicensed steam vessel of less than one hundred tons burden
arrives Penalty for
unlicensed

iv the waters of the Colony carrying more passengers in proportion to her
size than steamer arriving
with excessive

number of pas-
sengers.

Steam vessels
under 100 tone
not to carry

passengers. for
hire without
licence.

The Harbour
Master to issue
licences,

Regulations.

Alteratfnn or
repeal of regala-
tions.

she would be licensed to carry under the regulations for the time being
in force under

.

this Ordinance, the master thereof shall be liable to a penalty not
exceeding one hundred
dollars.

7. Any person offending against the regulations in force for the time
being under offences against
regulations.
this Ordinance, shall be, liable, on conviction thereof, to a penalty
riot exceeding fifty

dollars.

$, All penalties for offences against this Ordinance may be recovered in
a summary Penalties.
way before a, Police Ma;istrrte or the Marine. Magistrate.

g. This Ordinance shall come into operation on 2 day to be hereafter
proclaimed Commencement.

by the Governor, and ma.y be cited for all purposes as 'The Steam-Launch
Ordinance,

Short title.
.ORDINANCE No. 8 of 1875.

Steam-Launches.

SCHEDULE.

1. The owner of any steam vessel of less than one hundred tons burden
desirous of obtaining a,
licence to carry passengers for hire within the waters of the Colony, or
to any place outside of the
waters of the Colony. shall cause' the said vessel to be surveyed by a
Marine Surveyor and by an Engineer
Surveyor both of whom shall be persons approved by the Government.

2. The certificate of, the Marine Surveyor shall contain statements of
the following particulars :-.
a. That the hull, length breacdth depth _ ' tons, is sufficient for the
service
intended, and in good condition.
b. The number of passengers which the vessel is fit to carry, being, for
vessels plying beyond
the waters of the Colony, at the rate of ten superficial feet of the
upper or weather deck,
and'at the rate of ten superficial feet of the deck immediately below'the
upper deck, for
each passenger and member of the crew ; and for vessels plying within the
waters of the
Colony, at the rate of seven superficial feet per passenger and member of
the crew.
c. That the, master possesses a certificate of competency from the
harbour plaster of Hongkong
d. That provision is on board for the shelter of deck passengers, and
that there are two approved
life buoys on hoard.
c:. That the vessel carrying passengers outside the waters of the Colony
has boats sufficient
for the accommodation of half of the number of pafisengers and crew which
the vessel is
certified to carry. ,
f: That. the vessel is prolx~rly fitted with. how and masthead lights and
also n, riding light.
sg. That: the vessel is properly found with anchors rnd chains.
Ir.. That the crew i5 yufliaient for the requirements of the veFsel in
the opinion of the Harbon~
%Ister.

3. The certificate of the h:ng-ineer Surveyor shall contain statements of
the following particular*:-
a. That the machinery and boiler of. the vessel axe sufficient for the
service intended, and in
good condition, and that the safety valve :s so constructed as to be out
of the control of
the engineer when thcitsteam is up and is not. loaded beyond the pressure
permitted by the
Engineer 'Surveyor's certificate.
b, The time for which such machinery will be snfticient.
c. That the engineer of the vessel pos'esses :z certificate of
comheterc;; from the Ifarlior llastc.l
of llongkong.

4. Such certificates shall he in force for f period of six months.

5. On the receipt of the before-mentioned certileates, the liarbour
.Master will cause a licence to
lie issued to the owner or master empowering the therein described vessel
to convey the number of
passengers certified to on the Marine Surveyor's declaration for a period
of six months.

8. Every steam vessel licensed under this Ordinance, shall, when under
weigh between sunset and
sunrise, exhibit a green light on the starboard bow, and a red light on
the port bow, and a bright light
at least 10 feet above, the coloured lights.

7. Every such steam vessel shall cxlnbit a. bright light. at night at
lear-t 10 feet above the rail.

8. Every vessel licensed under thie Ordinance shall have her Dame in
English and in Chinese
legibly painted on her ;tern and on each bow, together with the number of
passengers she is licensed to
carat-.

9. The Engiuecr Survcyur and Marine Furveior shall be entitled to a fee
of five dollars each, for
vLCh ccrti'ficate of survey, recoverable from the owner of the vessel-

10. Vessels plying for hire within the waters of the Colony shall pay a
licence fee at the rate of $u
per annum, and vessels plying for hire outside the waters of the Colony
shall pay a licence fee at, the
rate of $10 per annum. These fees shall be payable half-yearly.

In force from 2nd August, IS 75, by proclamation of the 29th July, 1875,:
Repealed by Ordinance Xo. 8 of 1879.1
1379
Title.
Preamble.
Steam vessels under 100 tons not to carry passengers for hire without licence.
The Harbour Master to issue licences.
Regulations.
Alteration or repeal of regulations.
Penalty for carrying passengers in excess of the licence.
Penalty for unlicensed steamer arriving with excessive number of passengers.
Offences against regulations.
Penalties.
Commencement.
Short title.

1379
Title.
Preamble.
Steam vessels under 100 tons not to carry passengers for hire without licence.
The Harbour Master to issue licences.
Regulations.
Alteration or repeal of regulations.
Penalty for carrying passengers in excess of the licence.
Penalty for unlicensed steamer arriving with excessive number of passengers.
Offences against regulations.
Penalties.
Commencement.
Short title.

https://oelawhk.lib.hku.hk/items/show/344

ST. PAUL'S COLLEGE ORDINANCE, 1875

ORDINANCES No. 7 OF 1875.

St. Paul's College.

No. 7 of 1875.

Any Ordinance to provide for the Devolution of the Site of St.
Paul's College, and to provide means for altering the
Statutes of the said. College.

[7th July, 1875.]
HERE A S, by Letters Patent dated the 11th day of May, 184;
Her Majesty did declare the city of Victoria, and all the territory
comprised within the island ofHonkonand its dependencies, to be the
Diocese of the Bishop named in the said -Letters Patent, and.of his sucees-
ORDINANCE No; 7r of

St. Paul's College.

sors, and to be called in all time the Diocese of-Victoria ; and did
constitute
the Church of St. John in the: said city to be a Cathedral Church, and
Bishop's See; and did appoint the Reverend George Smith, Doctor of
Divinity, to be ordained and consecrated Bishop of, the said See and
Diocese under the title of the Lord Bishop of Victoria

And whereas the statutes of St. Paul's College in Victoria were
approved by His Grace.the then Archbishop, of Canterbury, on the 15th
day, of October, 1849, and the said statutes provided amongst other
things,----

- That all property of every kind thereafter to be given, transferred,
or bequeathed to the purposes of the ,;college should be vested in the
Bishop of Victoria for the time being as constituted by Her Majesty°'s
Letters Patent a body corporate;

That the Government and enti-,e control of the college should be
vested in the Bishop of Victoria as ex o 'ccio warden, except so far as
any
jurisdiction or authority might be by him delegated to a sub-warden or
others;

That it should be lawful for the Bishop of Victoria in conjunction
with the Archbishop of Canterbury for the tinge being to introduce such
a modification, alteration, or extension of the said statutes, as to them
jointly might seem fit

And whereas a Crown lease dated the 5th day of September, 1$51,
vas made between Her Majesty~of the one part, and the Right ILeverend
George Lord Bishop of Victoria, in the island of Hongkong, ex officio
warden, on behalf of the Church of England Missionary Institution known
as St. Paul's College of the other part, arid thereby the land therein
described (being inland lot No. seventy-six) with its appurtenances was
demised to the said Lord Bishop of Victoria, and his successors; being
:such Nvarden, to hold unto the said Lord IUishop of Victoria and

.successors being such warden fiat the, full term of nine hundred arid
ninety-nine years, commencing on the 19th;day of April, 1550, at the
yearly rent of one dollar

And in the said lease the said Lord Bishopsof Victoria as warden of
St: Paul'.s College, and for the wardens to be frc1n tiinesto
time°appointed,
eovenan-ted with Her Majestyy to pay the said rent and all taxes, charges
.and impositions that should thereafter be'assessed or charged upon the

,aid, land. And -further that neither the sn'ei or warden, nor any.
413DIVANCE ~ No: T op 175.

St. Raul's College.

person, should during the said demise, use the said lands for any other
purpose than the promotion of the charitable designs and objects of the
said St. Paul's College, as they might be, from time to time, legally
established, without the previous licence of Her Majesty, her heirs,
successors, or assigns, signified by the Governor of the Colony, or other
person duly authorized in , that behalf

And whereas by Letters Patent dated the 14th clay of January, 186 7 ,
Fler Majesty did appoint the Reverend Charles Richard Alford, clerk,
master of arts, to be ordained and consecrated Lord Bishop of the said
See of Victoria, in succession to the said Bishop Smith, who had resigned:

And whereas by Letters Patent dated the Ist day of November, 1872,
after reciting the above mentioned Letters Patent, and that, the said See
and Bishopric had become vacant by the resignation of the said Bishop
Alford, Her Majesty was pleased to ftvol:e and determine the said recited
letters Patent of the 11th day of May, 1849, and of the 14th day of
,Jynuary, 1.867, and every clause, article, and thing therein contained

And whereas by the revocation of the said Letters Patent the said
fee and Bishopric of Victoria ceased to exist as theretofore constituted

And whereas it is therefore expedient to provide for the devolution
of the property comprised in the aforesaid Crown lease, andrto provide
means for altering the statutes of St. Paul's College to meet the state of
circumstances that now exists

And whereas the Right $reverendj John Shaw Burdon, doctor of
divinity, has been duly consecrared to be a Bishop of the Church of
England, and as such Bishop is residing and officiating in this Colony-,

ah d

as such Bishop and by the desire of His Grace the Archbishop of
4 Canterbury has undertaken the management of St. Paul's College and is
now discharging the duties of warden of the said college: Be it therefore

s

enacted by the Governor of Hongkong, with the ado~ice of the Legislative
Council thereof, as follows

1. From and after the passing of this Ordinance, the above recited
'Crown lease dated the 5th day of September, 1851, and all the portion-
of land therein -described-with its appurtenances, and St. Paul's College
and all other buildings erected on the said land shall vest in His Grace
the Archbishop of Canterbury !end his successors for all the unexpired
residue of the term of nine hundred and ninety-nine years- cheated vby
`the

The lease and
site of, St.
Paul's Col-
lege to vest in.
the Archbis-
hop of Canter-
bury and his .
successors.
ORDINANCE loo. ! . of 187.

,St. Paul's college.

said lease; upon and for the trusts, intents and purposes in the said
lcase-
ezlwessed and declared, and subject to the covenants and conditions
therein contained, and the said Archbishop and his successors shall be-
deemecl to be the lessees of the said land as fully and effectually and
to-
the same extent as if they h,Ld been originally named as lessees in the
said lease.

Bishop ' `~'7. The Right Reverend John Shaw Burdoi), the Bishop
aforesaid,.
is hereby famed Warden of St. Paul's College in Victoria, and by virtue-
Warden oi'
St. Paul's of such nomination may lawfully exercise and perform all the
powers and
College. duties conferred and imposed upon the Warden by the above recited
1>t~r~erty to statutes of the said college, and all hrororty belonging to
the college
Y`,r;r' him. (other than the land comprised in the aforesaid lease) shall,
upon the
passing of this Ordinance, vest in tllesaid Bishop as such Warden.

Alteration or 3, The Archbishop of Canterbury in conjunction with the
aforesaid
r1', eXi:;e'ng
Stnrvrv,>. Warden and the Colonial Secretary of the' Colony, or with
either of them _
in the absence or inability of the other, may alter the existing statutes-
of the college in such manner as they jointly think fit ; but so neverthe-
less that provision be made for the appointment and removal of future
murders, for the vesting of all property (other than the land comprised
in the aforesaid lease) belonging to or that may come to the college, and
for altering the statutes of the college; as occasion may, froth time to
time,,
require.

Toe Bishop
ztjay resign or
be removed.

Commence-
ment. Short
-title.

$, The Bishop afor esa,id may resign the twardenship by letter to thc-
Archbishop of Canterbury, an~ may be removed in the same manner as.-
wardens to be appointed under the statutes wheft altered.

If <L v.zeauey ~. In the event of a vacancy is the wnrdenship occurring
before the
occur before
the >tztures statutes are altered, all property belonging to the college
(other than the
proare rU land comprised in the aforesaid Iease) shc~tl thereupon vest'in
the .Colonia,i
vest in the
Colonial Secretary, to be by him transferred to such person as the
statutes when:
E~ecret~,r~.
altered may direct.

, This Ordinance shall commence o$ the passing thereof, and u nay-
be cited for all purposes as 'The St. Paul's College Ordinance, 187 5.' _,
ORDINANCE No. ? of 1875.

St. Paul's College.

Statutes, Qs xraodified on the 26th. July, 1875, under Ordinance No. 7 of
1875,
of the Missionary Institution at Hongkong called St. Paul's
- College. Gaxetted 10th January, 1876.

PREAMBLE.

A missionary college having been founded at Victoria, in the island of
Hongkong,

principally by the pious liberality of a 'Brother and Sister' and by a
grant from the
Society for Promoting Christian Knowledge, aided by sums from various
individual
donors and the status of the Episcopate in Hongkong having recently
undergone a
change which renders an alteration of the college statutes inevitable,
the following
modified statutes for the general government and internal regulation of
the institution
.are now promulgated in the place of the original statutes which received
the sanction
.of His Grace the Loi'd Archbishop of Canterbury upon the 15th day of
October, 1$49.

FOUNDATION.

1. St. Paul's College at Victoria is primarily founded for the object of
traifiiry a
-body of native clergy and Christian teachers for the propagation of the
Gospel in China.
:according to the principles of the United Church of England and Ireland,
and under
the immediate control of a warden . appointed by His Grace the ,
Archbishop of
Canterbury. It shall, however, be lawful to admit to the benefits o£ the
college such
students, European as well as Native, as being educated inCconformity
with the doctrine
and discipline of the Church of England, shall afford, in the judgment of
the warden,
the hope of their diffusing through their example and influence the
blessing of
-Christianity and civilization.

THE COLLEGE PF°cOPERTY.

T
2. All sums of money and boobs already given and property of every kind
hereafter
to be given, transferred, or bequeathed to the purposes of the college,
shall be vested,
for the benefit of the said college, in the Archbishop of Canterbury and
his successors
and in the warden of the college for the time being, and in the
Archbishop alone during
a vacancy in.the office of warden.

THE WARDEN.

3. The present warden of the college is the Right Reverend John Shaw
Burdon,
,'Bishop: he may resign his office by letter to the Archbishop of
Canterbury: and may
be removed at any time by .writing under the hand of the Archbishop. The
Archbishop of Canterbury for the time being shall have the nomination and
appointment
of all future wardens: and the wardens so appointed array resign their
office by letter
,as aforesaid, and may in life manner be removed at any time by writing
under the
hand of the Archbishop.
ORDINANCE ~ No..I .'OF, 1,.x7..-5.:

fit. Paul's College.

THE- G4YERN'MENT ~OF THE COLLEGE:

4.. The government and entire control of the college is vested in the
warden,
except so far as any jurisdiction or authority may be by liim.delegated
to a sub-warden
or ethers. Upon questions of grave importance, a reference may
nevertheless be made
to the Archbishop of Canterbury, whose decision shall be final. The
warden shall
forward to the Archbishop annual reports of the progress 'of the college,
and. of the
state of the buildings, foods, and other property.

TUTORS.

fi. The course of instruction shall be carried on under the
superintendence of the
warden by tutors, English and Chinese-the former to be in holy orders or
at least
``communicants of the Church of England. AU such officers as that of
sub-warden or
tutor are in the appointment of the warden. The stipend of such offices
shall be
defrayed from the funds of the college, or froth anyendowment specially
contributed
for their support, aASisted by such payments for tuition as the students
m:1y hereafter
be expected to contribute or by such annual grants as the local British
Government or
tiny public society may be willing to mane.

THE STUDIES.

6. The course of educatioiz shall ordinarily comprise the usual branches
of
instruction in languages, literature, science, divinity and sacred
history, together ivitlir
the study of the language and literature of China.

ALTERATION Oh THE STATUTES.

7. Ina.swuclz as, occasion nay arise in future years for altering the
statutes of the,
college and for providing a more detailed system of statutes than, is now
necessary, it
shall 1>e lawful for the Archbishop of Canterbury, for the time being in
conjunction
with the warden of the college front, time to time to alter and repeal
the existing
statutes of the college and to frame new statutes if they thinly fit,
either in addition to,
or in substitution for, guy statutes then in force.

JOHN rS'HAw B'URDON,
Bishop.
CECIL CLEMENTI SMITH,
Acting Colmiccl ,Secretary.

In pursuance of the-powers vested in, us by 11 St. Paul's College
Ordinance, 187x,'
ive have modified the existix~g statutes of the college in manner above
appearing: and
we do declare that the statutes above written are the statutes of St.
Paul's' College,.
-and that they shall continue so to be until altered in manner
hereinbefore prescribed.

A* ~'r. EiANTTJAIts.
1373

Title.
Preamble.
1375
The lease and site of St. Paul's College to vest in the Archbishop of Canterbury and his successors.
1376
Bishop Burdon named Warden of St. Paul's College.
Property to vest in him.
Alteration of the existing statutes.
The Bishop may resign or be removed.
If a vacancy occur before the statutes are altered, property to vest in the Colonial Secretary.
Commencement.
Short title.

1373

Title.
Preamble.
1375
The lease and site of St. Paul's College to vest in the Archbishop of Canterbury and his successors.
1376
Bishop Burdon named Warden of St. Paul's College.
Property to vest in him.
Alteration of the existing statutes.
The Bishop may resign or be removed.
If a vacancy occur before the statutes are altered, property to vest in the Colonial Secretary.
Commencement.
Short title.

https://oelawhk.lib.hku.hk/items/show/343

HOLIDAYS ORDINANCE, 1875

ORDINAhCE:h'o: 6 aF 1875.

Public Holidays.

No. 6 of 1875.
Xritle. An Ordinance to provide fun Public and Bank Holidays.
[ 7th July, 187. ]
Preamble. WHEREAS it is expedient that certain days in the year should be

public holidays - ~ holidays respectively: Be it
~s and bank ho
therefore enacted by the Governor of Hongkong, with the adz=ice of the
Legislative Council thereof, as follows:-
Certain days 1. '.The several days mentioned in schedule A to this
Ordinance
to be public
holidays. annexed (hereinafter referred to as public holidays) shall, in
addition to
Sundays, be dies r on. and shall be kept (except as hereinafter provided)

as holidays in this Colony.

2. The Governor in Council may, from time to time, make rcyula-
tions excluding in whole or in part,frorn the operation of this Ordinance
any public office or any department thereof, and thc~reuhon all acts and
tliin~s relating to such public office or department thereof may be done
and performed on any public holiday notwithstanding the provisions of
this Ordinance.
Certain days ,3. The several days mentioned in the schedule B to this
Ordinance
to be bank
holidays. annexed, shall he bash holidays, aud shall be kept as holiday in
all backs
Bills of
excl?anbe in the Colony, and all bills of exchange, promissory notes, and
other

tallin~ due on

bank holidays negotiable instruments due and payable on any such bank
holiday, shall

to be payable
itext day. be payable on the next following day and not on such bank
holiday.

Protestfalling 4, In case of non-acceptance or nori-payment of any
negotiable in-
to be made on
bank holidays stl'umellt, the same may be noted or protested on the next
following day
may be made
on next day, after a bank holiday, and any such noting or protest shall
be as valid as ,

if made on the previous day. Acts relating 5: No person shall be
compellable to mare any payment, or to do
to bills of ex- °
chan;e not to r1Dy other act relating to a bill of exchange or Qther
negotiable instrument
be -
able tocompelbe on' a. public holiday, or on a. bank holiday, and the
oblibation to make
clone on bank
holidays. such payment, or to do such ofher act, shall apply to. the day
next follo-Xv-
ing such public holiday, or bank h~'iaay, arod the making of such pay-
° merits, or doing such acts on such following day shall be equivalent to
payment of the money, or performance of the att on the public holiday,
or, bank holiday.
Governor may 6, It shall be lawful for the Governe'f, by notification in
the Govern-
appoint
days lent. Gazette, at any time, to appoint a special day to be observed
as a
ORDINANCES No. 6 OF 1875.

Public Holidays.

public holiday, or ,as a bank holiday, is addition to or in substitution
for
any of the days mentioned in the schedules to this Ordinance -annexed,
and therenpon the provisions of this Ordinance shall be applicable to such
day in the same manner as if the said clay had been mentioned is schedule
A or scLedLile .B to this Ordinance annexed.

7. For the purposes of this Ordinance, the day next follo« ina
.a Interpreta.
tion clause..
1> ii blic holiday shall mean the next following day not being itself a
'public
holiday and the day next following a bank holiday shall be construed to
man the next following day not being itself a public or a bans; holiday.

S. This Ordinance may be cited for all purposes as ' 'rho holidays
sli,~rt title.

Ordinancl-, 1575.''

to be observed
as public
holidays.

The first day of January.
Good Friday.

The Birthday of Her Majesty, or the day on which Her Majesty's Birthday is
ordered to he kept.
Christmas day.
The 26th dap of December.
If any of these days fall on a Sunday, the next followiug Monday shall he
a public

SCIUMLr,r A.

holiday.,

fiCIiE DUT.F B.

Chinese New Year's Day.
The first Monday in August.
Easter Monday.
Whit-Mouday.
1372
Title.
Preamble.
Certain days to be public holiday.
Regulations.
Certain days to be bank holidays.
Bills of exchange falling due on bank holidays to be payable next day.
Protest falling to be made on bank holidays may be made on next day.
Acts relating to bills of exchange not to be compellable on bank holidays.
Governor may appoint special days.
1373
to be observed as public holidays.
Interpretation clause.
Short title.

1372
Title.
Preamble.
Certain days to be public holiday.
Regulations.
Certain days to be bank holidays.
Bills of exchange falling due on bank holidays to be payable next day.
Protest falling to be made on bank holidays may be made on next day.
Acts relating to bills of exchange not to be compellable on bank holidays.
Governor may appoint special days.
1373
to be observed as public holidays.
Interpretation clause.
Short title.

https://oelawhk.lib.hku.hk/items/show/342

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1874) ORDINANCE

Na. 5 of 1875.

a u Ordinance to authorise the Appropriation of a Supplementary Sum m
not exceeding One hundred and Fifty thousand Dollars to defray the
' Charges of the Year 174.

7 th J Lily, 1 8 ( J .'

'WHEREAS it has become necessary to mizlca further provision for the
public service
of the Colony for the year 18 714, in addition to the charge upon the
revenue for
the service of the said year already provided for in the estimates
submitted to, the
Legislative Council: Be it enacted by the Governor of Hongkong, with the
advice of
the Legislative Council thereof, as follows :-

1, A sum not exceeding one ltut*tlre t and fifty tliousand dollars shall
be and the sane snrtnezentary

ESt7T11t1t.t!R, 1$ I4-
is hereby charged upon the revenue of this Colony for the service of the
'Year 1874, the
said sum so charged being expended as hereinafter specified ; that is to
say:-

Preamble.

Es r altz,xsImIH:rrTS.

Collector of Stamp Revenue,
......................................................
Official Trustee, ...... ..........................................

Fire -Brigade, .............

SURVEYOR GENERAL.

3.09
1,362.5 i
6'78.8'l
1,298.6(i

'1'OT1L ESTABLISHMENTS $ 3, 3375. 19

AJtiP4VICES EXCLUSIVE OF EM',BLISIDIEN'TS.

WORKS AND IiUILDING-S, ..

ROADS, STREETS AND BRIDGES, ..............................

MISCELLANEOLTS SERYICIi:S, ....................

LAND AND HOUSES PURCHASED ..........................................

[Repealed by Ordinance No. 4 -of 1887.]

120.00
96,199.45
7,818.23
35,110.64
149.$ I
4, 445.04
2,018.12

TOTAL, .... . ...... $I 49,23'T.04
1371
Title.
Preamble.
Supplementary Estimates, 1874.

1371
Title.
Preamble.
Supplementary Estimates, 1874.

https://oelawhk.lib.hku.hk/items/show/341

MARRIAGE ORDINANCE,1875

Marriage.

No. 4 of 18715.

An Ordinance to provide a general Register of Marriages celebrated in
Hongkong.

[8th April, 1875.]

WHEREAS it is expedient that marriages celebrated in the Colony of Hongkong
should be systematically recorded in one general register: Be it enacted
by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows:--

1. This Ordinance may be cited for all purposes as The Marriage
Ordinance, 1875.

2. Every minister of religion or other person who has in his custody any
register
or other official record of marriages heretofore celebrated in this
.Colony shall, within
three-months after this Ordinance takes effect, deliver to the Registrar
General the
said register or official record, or a copy thereof.

~,3. Every person delivering a copy shall append thereto 'a certificate
in the
following form,:-

A

I, A.B., &c.,

do certify that the above written

pages are a true copy of the register ~(or official record) of marriages
hereto-
fore celebrated in St. John's Cathedral Church (or as the case may be) and
that tkle origiual;is in my custody.

Dated the . day^of

187

(Signed,) . A. B. ,

Short title.

Existing regis-
ters or copies
thereof to be
delivered to the-
Registrnr
General.

Copies to be
certified.

4. The Governor may defray, from the public revenue of the Colony, all
proper Expense' maybe

defrayed from

expenses connected with the A~eliveri' ofrthe said registers or official.
records, or of making public. revenue.

and delivering copies thereof.
Notices to be filed
.tend copies made
by the Registrar
General.

Registrar of
marriages and
~deppU..

The Governor
may licence
places of
worship.

LfceneeB to be
gazetted.

ORDINANCE No. 4 0r 1875.

Marriage.

15. The Registrar General shall be registrar of marriages, and to assist
him, the
Governor may appoint one or more deputy registrars, and such deputies map
celebrate
marriages; and may exercise all the other powers, and perform all the
duties conferred
upon the Registrar General by this Ordinance, and all acts done by a
deputy shall be
as valid as if done by the Registrar General.

6. The Governor may license any place of public warship to be a place for
the
celebration of marriages, and may, at any time, cancel any such licence.

7. Whenever the Governor grants or cancels any such licence, the Registrar
General shall give public notice thereof in the Government Gazette.

Preliminaries to marriage..

Nonce of $, Whenever, after this Ordinance takes effect, any ,persons
desire to marry, one
intended r
marriage. of the parties to the intended marriage shall gig notice thereof
to the Registrar

General in the following form:-

NOTICE OP MARRIAGE.

To the Registrar General of Hongkong.

I hereby give you notice that a marriage is intended to be had, within
three
months from the date hereof, between me and the other party herein named.

Name. Condition. Rank Age. Dwelling Consent,
A or place. i f any, b whom
profession. ye .
Name Bachelor
of or
Bridegroom, Widower,
Name Spinster
of or
Bride, 'Widow,

Witness my hand this

day of 187

. (Signature of.party giving the notice.)

Every such notice shall be signed by the party giving notice.

,9.,.The Registrar General shall file every such notice in his office; he
shall expose
one copy of such notice in a conspicuous place open to the public, and
keep it so exposed
until he issue a, certificate as hereinafter mentioned, or until the
three months expire;
he shall also enter, a copy of the said notice with the date of such
entry in a book to be
called the Marriage Notice Book, and shall allow any persornto inspect
such book during
once hours without fee.

Forms of notice 10. The Registrar General shall supply forms^~of notice
gratuitously to persons
to be supplied
:$rsti$. applying for the same.
ORDINANCE No. 4 or 1875.

Marriage'.

11. At any, time not more than three months nor (except when the Governor
Registrar

grants a licence) less than fifteen dais after the giving of such notice,
the Registrar
General shall, on the request of either of the parties, issue a
certificate in the form A
in the schedule hereto.

12. The Governor may, at any time after a party has given notice as
aforesaid,
grant a licence in the form B in the schedule hereto, authorising the
Registrar General
to issue his certificate on or after any day named in- such licence.

13. If the marriage do not tale place within three months after giving
the above
notice, the notice given and all other proceedings thereupon shall be
utterly void, and
fresh notice will be required before any marriage can be had between the
parties.

14. The Governor may, when he sees fit, grant a speciahlicence in the
form C in
the schedule hereto, dispensing with nqtice as aforesaid, or with the
certificate of the
Registrar General, or with both, arid authorizing the celebration of a
marriage between
the parties named, between the hours of six in t'he forenoon and six in
the afternoon,
upon a day and at a place specified in the licence.

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

16. If either party to the intended marriage, not being a widower o^r a
widow, is
under, twenty-one years of age, the written consent of the father, or (if
he be dead) of
the mother, or (if both be dead) of the lawful guardian of such party,
must be produced
to the Registrar General before he issues -a certificate, or to the
Governor before he
grants a licence. -

I'7. If there be no parent or guardian of such party residing in the
Colony, the
Registrar General may give his consent in writirkg to the marriage, if
upon enquiry
the marriage appear to him to be proper, and such consent shall be as
effectual as if
the father or mother or guardian had consented.

18. Any person whose consent is required as aforesaid may forbid the
issue of the Issue of
certificate may
Registrar General's certificate by writing the word °1 Forbidden '
opposite the entry in 'be forbidden.
the marriage notice book, and by signing his name and the character in
which he
forbids the issue; and if the issue of any certificate be so forbidden,
the notice and all
proceedings thereupon shall be void. ''

19. If either of the p,~roes to the intended marriage allege that the
person
forbidding the issue is not authorised by law so to do, the Registrar
General shall
enquire into the matter, and if he be satisfied that the person is nit so
authorised, he
may proceed to issue~the certificatein due course without reckoning the
time that has

General may
issue certificate..

After notice the-
Gorernor may
grant a licence.

If marriage do
not take place
in three months
fresh notice to be
given.*,

Special licence
in case of
emergency.

Affidavit before
issue of
certificate or
licence.

Consent of
parents or
guardians to
marriage of
minors.

If no parent or
gnardian,Re-
gistrar General-
may consent.

elapsed since the issue was forbidden.

The Registrar
General may
enquire into
the right to
forbid.
ORDINANCE Nio._ 4'6F 187-5.

ITarriage.

For the purposes of such enquiry, or of any enquiry under section 17, the
Registrar
General may administer an oath to any person.

Penalty for fabgo 20. If any person wilfully mali;es.any false statement
in any affidavit as aforesaid,
sta tement.
or wilfully makes on oath any false statement or gives. any false answer
in any such
y enquiry, he shall, on conviction before the Supreme Court, be liable to
be imprisoned
for any term not exceeding two years with or without hard labour.

Celebrajion of marriage.

bTarriaga i~u
1lcensed places of

worship.

Marriage cer-

hTarring© before

the lttegistrar
-0Generni.

21. Marriages may hereafter be celebrated in any licensed placer of
worship by any
competent minister, of the church, denomination, or body to which such
place of
worship belongs, and according to the rites or usages of marriage
observed in such
church, denomination, or body, provided that 'Lbe ,marriage be celebrated
with open
doors, between the hours of six o'clock in the morning and six in the
afternoon, and
in the presence of two or morn witnesses besides the officiating minister.

No minister shall celebrate any marriage until the parties deliver to him
the
Registrar General's certificate or the Governor's special licence.

Ministers nay receive the fees ordinarily paid for the celebration of
marriage:

22. The Registrar General shall cause to be prepared and delivered to the
several
licensed places of worship books of marriage certificates in duplicate
and with butts in
the form in the schedule hereto. The certificate shall be signed in
duplicate by the
officiating minister, by the parties, and by two or more witnesses to
tha.marriage.

The ininilter shall deliver one certificate to the parties, immediately
after the
marriage, and shall transmit the other to the Registrar General within
seven days
thereafter, and' the Registrar General shall file the same in his office.

The officiating minister shall enter in the butt the names of the parties
and the
date of the marriage. ~'

23. After the issue of a certificate by the Registrar General, the
parties may; if
they think fit, contract a marriage before the Registrar General, in the
presence of two
witnesses, in the Registrar General's office, with open doors, between
the hours of ten
o'clock in the forenoon and four o'clock in the afternoon, and in the
following manner:

The Registrar General, shall first address the parties to the following
effect:--
'Know'ye, A.B. and G.D., that by the public taking of each other as man
and wife in
'my presence end in the presence of the persons now bare, and by the
subsequent
attestation thereof by signing your names to that effect, you become
legally married to
each other although no other rite of a civil or religious nature shall
take place; and
know ye further that this marriage cannot be dissolved during your life
time, except
by a valid judgment of divorce, and that if either of you, before the
death of the other,
shall contract another marriage while this remains undissolved;'-yon will
thereby be
guilty of bigamy, and be liable to the punishment inflicted for
that~grievous offence.''
ORDINANCE No: 4 OF 18.4 5.

.Marriage.

Each of the parties shall then say to the other ' I call upon all,persons
here present
to witness that I, A.33., do take thee C.D. to be my lawful wife (or
husband).'

The Registrar General and the parties and witnesses. shall thereupon sign
duplicate certificates in the form and manner hereinbefore prescribed.

The Registrar General shall deliver one certificate to the parties and
shall file
the other in his office.

24. Whenever the Governor's special licence authorises the celebration of
a

1367

Marriages lry
special licence at

marriage at a place other than a registered place of worship, or ,the
office of the other places.
Registrar General, the Registrar General upon taking the affidavit of one
of the parties
,
to the marriage, shall deliver to him a blank certificate of marriage in
duplicate, and
the minister celebrating the marriage, the parties and two witnesses
shall sign the
n
same, in manner hereinbefore prescribed, and the minister shall deliver
one certificate
to the parties immediately after the marriage and shall transmit the
other to the
Registrar General within seven days thereafter, and the Registrar General
shall file
the same in vis ,office.

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

2g, Any certificate of marriage filed in the office of the Registrar
General, or a
'copy thereof, provided it,purport to be signed and cert'.-Tied as 'a
true copy by the
Registrar General, and to be sealed or stamped with his official seal,
shall be admissi-
ble as evidence of the marriage to which the same relates in any court of
, justice, or
before any person now or hereafter having by law or by consent of parties
authority to
hear, receive and examine evidence.

Certificates how
filed.

Cortiflcates or
certified copieq
to be, evidence.

27, The Registrar General may, wlhen authorised by the
Colonial°Secretary, correct Correction of
errors in
army clerical error in any certificate of marriage upon production to him
of the certifi- wrtia°ate.
cafe delivered to the parties, and shall authenticato,every such
correction by his signa-
ture or by marking the same with his initials, and the date of making the
correction.

28. .-No marriage .shall be valid which would be null and void on the
ground of Invalid naar-
. ria.ges.
kindred or affinity in England or Wales.

A marriage shall be null and void if both parties knowingly and wilfully
acquiesce
in its celebration in any place other than the office of the Registrar
General or,$ li-
censed place of worship,(except when authorised by special licence), or
under a false
name or names, or witliut ceitificate of notice or licence duly issued,
or by a person
of being a competent minister or the )registrar General or his depyty.

But no marriage, shall after -celebration be deemed invalid by reason
that any
provision of this Ordinance other than the foregoing has not been
complied with.
Marriages under

this Ordinance

ORDINANCE MD.. 4 of 1875.

Marriage.

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

arurrying minors 30. Whosoever, knowing that the written consent of the
proper person as herein
without consent
of proper person, prescribed has not been obtained, shad marry or assist
or procure any other person to

marry a minor under the sae of twenty-one years, not being a widow or
widower, shall be
guilty of a misdemeanor, and upon conviction thereof, before the Supreme
Court, shall
be liable, at the discretion of the. Court, 'to be imprisoned for any
term not exceeding
two years with or without hard labour.

Any minister shall be guilty of a misdemeanor who wilfully celebrates a
marriage,
in the case of a minor, without such written consent as herein
prescribed, or who
wilfully celebrates a marriage, contrary to any other provision of this
Ordinance, or
knowing that any provision of this Ordinance has Riot been complied with,
and upon
conviction thereof, before the Supreme Court, shall be liable, at the
discretion of the
court, to be imprisoned for any term not exceeding two years.
Penalty for 3.1, Any minister who, after celebrating a marriage, fails to
transmit the certifi-
fniiing to tr«ns-
~i~r certificate of tote thereof to the Registrar General within seven
days thereafter, shall be liable to a
penalty not exceeding fifty dollars.

Penalty for 32, Whosoever wilfully removes, defaces, alters, or destroys
any copy ,of a notice
deftciug notices.
of intended marriage, shall he liable to a penalty not exceeding
twenty-five dollars.

Persons ,lnaulr = 33. Whosoever knowingly and wilfully celebrates or
pretends to celebrate a

teleLrating .. ,

~na'zage, marriage, not being legally competent so to do, shall be guilty
of a misdemeanor, and
being convicted thereof before the Supreme Court, shall be liable, at the
discretion of
the Court, to be imprisoned for guy term not exceeding two years with or
without hart'.
labour. _

34. All penalties for offences against this Ordinance may be recovered in
a sum-
mary way before any Magistrate.
35, The fees specified in the schedule hereto shall be paid to the
Registrar
General for the several matters to which they are applfbable, and shall
be by him paid
into the Colonial Treasury.

fig. The forms contained in, the schedule hereto may be used in the cases
to,
which they are applicable with such alterations as circumstances map
render necessary.

Application of 3'7. This Ordinance shall apply to all marriages were one
or both the parties
Ordinance, and
when to come in professes the Christian religion, and shall take effect on
a day to be hereafter proclaim-
foree.

ed by the Governor, and from and after such daf Ordinance No. 1 of 1852
shall be
and the same is hereby repealed.
ORDINANCE No. 4 or 1875.

.Marriage.

SCHEDULE.

Form A.

Registrar General's Certificate.

1, , Registrar General for the Colony of 13ongkong, do hereby certify that
on
the day of notice was duly entered in the marriage notice book of the
-said Colony of the marriage intended to be had between the partids
herein named and described.

Names.

Condition I Rarik or Profession. I Age.

Date of notice entered

Date of certificate given

Dwelling Place.

187 . The issue of this certificate his not been forbidden
by any person authorised to forbid the issue
18?''° .thereof.

Witness my hand this day of

187

(Signed),
Registrar General.

This certificate wlll be void unless the ma.rziage is solemnised on or
before the day Df
187

This certificate is issued by virtue of the Govei nox's licence dated
the day of

Form. B.

Marriage licence.

Ordinance No. 4 of 1875, section 12.

Whereas on the day of

187 ,notice was given to the Registrar General

of a marriage intended to be had bstween A. B. and C. D. therein
mentioned, and the said A. B.
desires to obtain a licence for the immediate i.Nue of a certificate of
such notice, and has made before
the said Registrar General the affidavit required by the llTarriage
Ordinance of 1875, section 1 5.
Now, therefore, in pursuance of the said Ordinance, I do hereby authorise
the said Registrar General
to issue the said certificate, at any t' me on or after the day of , and
within
three calendar months of the said ' day of*
Given under my hand this day of 187 .

A The date of the notice.

Form C.

Special licence.

*

Governor.

R'hereas A. B, and 0. D. desire to marry, and sufficient cause has been
shown to me why such
marriage should be allowed without the formalities prescribed by the
Marriage Ordinance of 1875.
ORDINANCE :Nb. 4 :oF 1875.

Marriage:

Name of wife

Now, therefore, in pursuance of the said Ordinance, I do dispense with
the giving of notice and the
issue of the certificate thereby prescribed (or as the case may be) and
do hereby authorise any competent
person to celebrate marriage between the said A. B. and C. D. at place of
celebration] upon the

day of 187 , between the hours of six in the forenoon and six in the
afternoon.

Given under my hand this day of ~ 187

FORM OF CERTIFICATE.

Governor.

Irongkon9 Ordinance ll'o. 4 of Ifi75, sec. 22.Hongkong Ordinance No. 4 of
1875, see. 22

Certificate of marriage.

Thin marriage was ~ ~ in the pre-
solemnised be eenceofus,

tween us,

TABLE OF FEES.

Married at by (or before) me,

Thia'mRrriai;e was ~ ~ in the pre-
,solemnised be- sence of us,
'tweon us,

Notice of marriage, section 8, ; Nil. -

Certificate of notice, section 11, ; : ::: One dollar.'

Marriage licence, , :' : ,. - Five dollars.

Special lieence, . : - :Twenty-five dollars:

Marriage at the office of the Registrar General,...-,,....Two. dollars.

[Repealed by Ordinance z1To; 14,af 181~.]
1363

Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.

1364
Registrar of marriage and deputies.
The Governor may licence places of worship.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
Forms of notice to be supplied gratis.

1365
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage do not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
1366
Penalty for false statement.
Marriage in license places of worship.
Marriage certificates.
Marriage before the Registrar General.
1367
Marriages by special licence at other places.
Certificates how filled.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1368
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
Forms.
Application of Ordinance, and when to come in force.
Repeal.

1363

Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.

1364
Registrar of marriage and deputies.
The Governor may licence places of worship.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
Forms of notice to be supplied gratis.

1365
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage do not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
1366
Penalty for false statement.
Marriage in license places of worship.
Marriage certificates.
Marriage before the Registrar General.
1367
Marriages by special licence at other places.
Certificates how filled.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1368
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
Forms.
Application of Ordinance, and when to come in force.
Repeal.

https://oelawhk.lib.hku.hk/items/show/340

FALSE PERSONATION ORDINANCE, 1874

Ordinance No. 3 of 1875

False Personation.

No. 3 of 1875.

An Ordinance to render personation with intent to deprive any,
person of any property felony.

[March 18th, 1875.]

WHEREAS it is expedient to amend the law relating to personation:
Be it enactsdby~ the Governor of H on crkon~, ~ with the advice o, e o
the Eeivlative Council thereof, as fbllocvs :-.:.`
Personation =1: If way person -shall fAsely 'and deceitfully pers6nate guy
person,
in order to
obtain pro. or the heir, executor, or administrator, wife, widow; next of
kin, or
wperty to be
felony,, , relation of any person, with intent fraudulently to obtain any
land, estate,
[37 & 39 Vic.,
cap. 36) § 1.1 chattel, money, valuable security, or property, 'he shall
be guilty of
felony; and upon conviction shall be liable; at the discretion of the
Court-
by which he is convicted, to be kept in penal servitude for life, or for any.
ORDINANCES No. 3 of 1875

False Personation.

period not less than three years, or to be imprisoned for any term not
ezceeding two years, with or without hard labor, and with or without
solitary confinement

2. Nothing in this Ordinance shall prevent any person from being Saving
clause.

proceeded against°and punished under any other Ordinance, or at Common
Law, in respect of an offence (if any)^punishable as well under this Or-
dinance as under any, other Ordinance, or -at Common Law.

3. This Ordinance may he cited for all purposes as ''The False
Personatibn Ordinance, 1874.'
1362

Title.
Preamble.
Personation in order to obtain property to be felony.
[37 & 38 Vic., cap. 36, S 1.]

1363
Saving clause.
[Ibid, s. 2.]
Short title.
[Ibid, s. 4.]

1362

Title.
Preamble.
Personation in order to obtain property to be felony.
[37 & 38 Vic., cap. 36, S 1.]

1363
Saving clause.
[Ibid, s. 2.]
Short title.
[Ibid, s. 4.]

https://oelawhk.lib.hku.hk/items/show/339

PROTECTION OF WOMEN -- EMIGRATION ABUSES ORDINANCE

Protection of Women -- Emigration Abuses.

No. 2 of 1875.

An Ordinance for the better Protection of Chinese Women. arid Female
Children, and for the Repression of certain Abuses in relation to
Chinese Emigration.

[March 18th, 1875.]

WHEREAS it is expedient to make better provision for the punishment of
persons
guilty of selling, purchasing, or &ooyifig into the- Colony, or unlawfully
detaining therein Chinese women and female children for the purpose of
prostitution,
ORDI NAN E No. 2 of 18 7 .

Protection of Women-Emigration Abuses.

and of decoying Chinese into or away from this Colony for the purpose of
emigration,
or for any other purpose whatsoever:, Be it enacted' by the Governor of
Hongkong,
with the advice of the Legislative Council thereof, as follows :-

1. The. Ordinance No. 6 of 1873 is hereby repealed, but such repeal shall
not Eepeal.

affect :-

1. Any punishment incurred or to be incurred for any offence committed
before this Ordinance comes into operation.

2. Any proceedings for enforcing such punishment or prosecuting the
offender;
and all such proceedings may be had and taken as if the said Ordinance
were still in force.

2. Whosoever shall bring, lead, tale, decoy, or entice into the Colony
any woman Abduction of
a woman or
-or female child with intent to sell her for the purpose of prostitution,
or shall sell or _ -w°t~aln~nt &e.
purchase any woman or female child 'for the purpose aforesaid, or shall
knowingly

derive any profit from the sale or purchase of any woman or female child
so sold or selling or
purchasing.
purchased as aforesaid, shall be guilty of a misdemeanor, and on
conviction thereof,
shall be liable to the punishments hereinafter provided.

3. Whosoever shall bring, lead, take, decoy, or entice into the Colony
any woman Bringing into
the Colony
or female child ' knowing that such woman or female child has been sold
or purchased women or child-
ren knowing
for the purpose of prostitution, shall be guilty of a misdemeanor, and on
conviction ben to
sold a thereof shall be liable to the punishments hereinafter
provided. prostitution.

4: Whosoever shall detain any woman or female child in any place against
her
will, with the intent that she may become a prostitute, or for any other
purpose
whatsoever, or shall by,any false pretences, false representations, or
other fraudulent
means procure any woman or female child to have illicit carnal connection
with any
man, shall be guilty of a misdemeanor, and on conviction thereof, shall
be liable to the
punishments hereinaftef provided.

5. Whosoever shall receive, or harbor any woman or female child with
intent, that Receiving or
harboring with
such woman or female child should be wld~or purchased for the purpose of
prostitution, intent x.,.
shall be guilty of a misdemeanor, and on conviction thereof, shall be
liable to the pun-
ishments hereinafter provided. ,

6, Whosoever shall receive or harbor any womal<l or female child knowing
that
such woman or female child has been sold or purchased whether within the
Colony or
el,sewhere for the purpose of,~prostitution shall be guilty of a
misdemeanor, and on
conviction thereof, shall be liable to the punishments hereinafter
provided.

7. Whosoever shall by force or fraud imprison. or detain any person
within the Unlawful im-
prisonment or

Colony, for the purpose of emigration, or for any other purpose
whatsoever, shall bedetention.

,guilty of a misdemeanor, and on,conviction thereof, shall be liable to
the punishments
hereinafter provided.

8. Whosoever shall by force, intimidation, or any fraudulent means bring,
lead, Decoying
persons into
take, decoy, or entice' any person, into or away from the Colony, for the
purpose of or away from
the Colony.
-emigration, or for any other - purpose whatsoever, shall be guilty of a
misdemeanor,
_and on-conviction thereof, shall be'liable to the punishments
hereinafter provided.

Detaining a
woman or female
child for purpose
of prostitution.

Receiving or
harboring
women or
children knw-
ing them to'
have been sold
for prostitution.
Ordinance No. 2 of 1875

The Protection of Women-Emigration Abuses.

9. Every person who shall be convicted of guy offence against the provisions of
this Ordinance shall be liable to be imprisoned fob any term not
exceeding two years-
with or without hard labor.
10. .A.11 offences against this Ordinance, may be
heard and determined-summarily
by two Magistrates 'sitting together, who shall constitute a
Court for this purpose

Provided that if, at the close of the investigation, [the accused
shall apply for a trial by-
e or: Rerpealed by Ordinance No. 8 of 1889] the Magistrates shall be of
opinion that
the case ought to be so tried, they may commit the accused for trial at
the Supreme;

11. The provisions of section 66 of Ordinance No. 4 of 1865 shall' apply
to every
summary conviction under this Ordinance.
Punishment of - 12, Whenever any person shall be convicted before the
Supreme Court'of any
whipping on
yecona and offence against the provisions of this Ordinance, if it shall
be proved that the offender
subsequent
convictions. has been convicted either before the Su. reme Covert or
before two ~Ma is-
Form of tneor previously p ' g
mutton and
proceedings, trates sitting together, of an offence under the same or any
other section of this--

..
Ordinance, it shall be lawful for the Court, in its discretion, to direct
that, in addition
to the ~unishrnent hereinbefore prescribed, the offender, if a male, be
once, twice, or-
thrice publicly or privately whipped, subject to the provisions contained
in section I
of Ordinance No. 8 of 1868; and all the provisions of section 94 of
Ordinance No.. 7
of 1865 relating to the form of information for a subsequent offence and
proneedngs-
thereon, shaft apply to offences punishable under this Ordinance. ,

[Repealed by Ordinasnce No. 19 of 1889.]

1360

Title.
[Made applicable to women and children whether of Chinese origin or not, see Ord. No. 7 of 1887, see also No. 9 of 1887.]
Preamble.

1361
Repeal.
Abduction of a woman or female child with intent, &c.
Selling or purchasing.
Bringing into the Colony women or children knowing them to have been sold for prostitution.
Detaining a woman or female child for purpose of prostitution.
Receiving or harboring with intent, &c.
Receiving or harboring women or children knowing them to have been sold for prostitution.
Unlawful imprisonment or detention.
Decoying persons into or away form the Colony.

1362
Punishment for offences.
Trial of offences.
[As to powers of one Magistrate see Ord. No. 8 of 1889.]
Summary convictions.
Punishment of whipping on second and subsequent convictions.
Form of information and proceedings.