FOREIGN OFFENDERS DETENTION ORDINANCE, 1872

Detention of Foreign Offenders.

No. 14 of 1872.

An Ordinance for the temporary Detention of certain Foreign
Offenders.
[20th December, 1872.]

WHEREAS subjects of Foreign Governments resorting to China and rmamum.

Japan wsvho lave `been accused or convicted of crimes committed
there, are frequently brought within: this Colony in the course of their
trantmission to their respective countries for trial or punishment on such
charges or convictions and it is expedient `to provide for the temporary
ORDINANCE No. 14 0F.1872.

Detention of Foreign Offenders.

detention and custody, within the Colony, of such offenders pending the
necessary arrangements for their transmission as aforesaid : 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 as 'The Foreign Offenders
Detention

c

2. In the interpretation of this Ordinance, the term 'Consula

Interpreta-
tion °` Con-
sular.Officer.'

'1 Super-
intendent of
upon ieqni-
Fition lie
Governor lxzay-
issu0 warrgnt
to Police
,Magist%t:es,-

Ordinance, 1872.

Officer' includes a Consul General, Consul,, Vioe-Consul, Consular Agent,
and any person for the time being discharging the duties of Consul
Generals
Consul, Vice-Consul, or Consular Agent.

The term'' superintendent of the Gaol' includes the Superintendent
of Victoria Gaol or the keeper of any prison or place of custody for
criminals within this Colony.

3. In case requisition shall at any time be made to the Governor b3

the Consular Officer in this Colony of any Foreign Government to,
apprebend, and temporarily, detain in custody any, person, who being .,a

-

subject of such' f oregn Government, and having been accused or convicted
'
of any crime alleged to have' been committed in China or Japan is brought
within this Colony in the course of his transmission to his own country`
for trial or punishment, it shall be lawful for the Governor, if he shall
in:
his discretion think fit, by warrant under his hand and the seal of the
Colony to signify that such requisition has been made and to require the-
Police Magistrates to govern themselves accordingly and to aid in::

ayebendiiag the person so ac cused or convicted and hereinafter referred
pp

to as the offender.

warrant or. . 4. Upon the issue of such warrant as aforesaid, it shall be
lawful
order of ._.
Magistrate.%: for any Police Magistrate to issue his warrant for the
apprehension of the
offender to be dealt with in manner hereinafter provided.

Proceedings
before the
Magistrate.

Production of
warrant of -
tianemission.

Proof of
identity.

~, If the offender be apprehended, he shall be brought forthwith.:
before the Magistrate, and the following conditions and regulations shall:
be complied with :_

1. There must be the production before the Magistrate of the
warrant or other official document authorizing the t,rans-
missioti of the offender for.. trial or punishment as aforesaid ;:

2. In every case, proof of the identity of the offender mint be
given to the satisfaction of the Magistrate;
ORDINANCE No. 14 of 1872.

Detention of Foreign Offenders.

3. The warrant or other official document of transmission shall
be sufficiently proved if it purport to bear the signature
and seal of a Diplomatic or Consular Officer in China or
Japan, of the Foreign Government, of which such offender is
a subject, and for the purposes of this Ordinance the warrant
or other document so authenticated shall be deemed and
taken to have been legally issued and shall be evidence of
all facts stated therein ;

4. The offender shall be asked if he has any valid cause to show offender
may
why he should not be committed to gaol to await the order show cause.
of the Governor.

Autlientica=
Lion of
warrant of
transmission. -

6. If the offender shall fail to show cause to the satisfaction of the
committal by
Magistrate why be should not be.committed, tile Magistrate shall commit
Alas'i5trat°.
him to gaol there to await the order of the Governor.

'j. The Magistrate before whom the offender shall be brought under
Magistrate
to report to
this Ordinance shall, at the conclusion of the case, send a report
thereon Governor.
to -the Governor. .

$. The Governor may,, after the committal of the offender'to gaol
aforesaid, issue an order directed to the Superintendent of the Gaol for
the
delivery up of the offender to the Consular Officer of the said foreign
Government, or other person xnentioned.,in such order; at such place
within
the Colony, and in such manner as may be specified by the said order for
the purpose of his transmission a,s aforesaid; and the offender shall be
delivered up accordingly; and if be shall escape out of any custody to
which he shall be committed, or to which he shall be delivered as
aforesaid,
it shall be lawful to retake him in the same manner as any person accused
.of guy felony committed within the Colony may be retaken on an escape.

g. The Governor may at anytime before the offender shall have been The
aorer,cor

may
conveyed out of the Colony, issue an order for his release from custod
issue
y order of
under this Ordinance, and thereupon the offender shall be forthwith
release.
discharged from such custody.

10. If any action be brought against a Magistrate, gaoler, officer
of Police, Co>wular: officer, of any .other person whomsoever for,anything
done in obedience to, or in pursuance of any warrant or order issued under
the provisions of this Ordinance, the proof of such warrant or order shall

ex overnormky .,

order aeuv®r~:

up at the-
,oftendei-£o A

! = .

Consular
Officer or
other person.

r,Stoat' of
offender after
delivery to
Consular
Officer, fio. ..

Protection to
Magistrate,
gaoler, &e.,
acting under
Ordinance. ,
ORDINANCE No. 14 of 1.72.

D, etention of Foreign Offenders.'

be a sufficient answer to such action; and the defendant, on such proof
a,&
aforesaid, shall be entitled to a verdict or j udgment in his favor, and
shall
also be entitled to his full costs of suit.

11. The forms given in the schedule to this Ordinance, or forms to,

;hedule may
o used. the like effect, with such variations and additions as
circumstances require,
may be used for the purposes therein indicated, and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.

SCHEDULE. -
FORMS.

8y His Excellency

(GOVERNOR'S WARRANT TO MACiI$TRATE~$.)

The .Foreign Dfenders Detention Ordinance, 1872.

Governor

and Commander-in-Chief-of this Colony and its dependencies.

To :. Police Magistrates.

Whereas requisition has be'eri duly made to me pursuant to the above
Ordinance
for the apprehension aud'temporary detention in custody of one

now in dais Colony

chaiged with [or convicted of] having committed the crime of
within the territory of

You are hereby required to govern yourselves accordingly,, and to aid in
appre-
hending the said offender and in committing him to gaol for the purpose
of his beina_
detained in custody according to the provisions of this Ordinance; and
for so doing,
this shall be your warrant.

Given under my hand and the public-seal of the Colony, at Victoria,
Hongkong,.

8y Order,

this day of

Colonial Secretaa~y.

(WARIUNT OF APPREHENSION.)
The .foreign 0fenders Detention Ordinance, 1812.

Governor, &c.

Hongkong

To all and,each of the constables of the Hongkong Police Force.
to wit.

Whereas His E%celleucy - ` Governor

auk:; Commander-in-Chief of this Colony and its dependencies, by warrant
under his.
ORDINANCE No: 14` ejip1.°,972.

Detention of Foreign n -G1ffmders.

hand and seal has signified that pursuant to the above Ordinance,
requisition has been
duly made to him for the apprehension and temporary detention of one

now in this Colony charged with [or convicted ofl having committed the
crime of
within the territory of _ and has required the

Police Magistrates to govern themselves accordingly and to aid in
apprehending the
said fugitive

This is therefore to command=you in Her Majesty's nameforthwith to
apprehend
the said offender pursuant to th.e said Ordinance wherever he may. be
found in this
Colony, and bring him before one or any other Police Magistrate sitting
in this Court'
for which this shall be your warrant.

Given under my hand and seal, at the Magistrates' Court of this Colony,
this

in the year of our Lord, 18

L.S.

Police Magistrate.

(WARRANT OH' COMMITTAL.)

The .Foreign 0jendera Detention Ordinance, 1872.

Hongkong ~ To one of .the na'ustabies
to wit. of the Hongkong Police Force, and to the Superintendent~of
Victoria, (:gaol:

Whereas on the
late of

in the year of our Lord, 18
was brought before me '

one of the Police Magistrates of this Colony, under the provisions of the
Foreign
Offenders Detention Ordinance, 1872.

And whereas the evidence which has been ahewn to me
is in my opinion sufficient to justify his committal to gaol
pursuant to section 6 of the above Ordinance. ~ .

This is therefore to command you the said constable in Her Majesty's.name
forth-
with to convey and deliver the body of the said - p
into the custody of the said Superintendent of Pietoria Gaol; And you the
said Super-
intendent to receive the said into your custody in the said
gaol and him there safely. to keep until lie shall be thence delivered
pursuant to the
provisions of the said, Ordinance; for which this shall be: your warrant.

Given under my hand and seal at Hongkong, this '

of.

in the year of our Lord, 18

gay

Police Mrrgietxate.
ORDINANCE No. 14 of 1$72.

Detention of Foreign Offenders.

4,.
(GovERNoR'$ ORDER OF DELIVERY.

The .Foreign Offenders Detention Ordinance, 1872.

By His Excellency Governor
and Commander-in-Chief of this Colony and its- dependencies.

To the Superintendent of Victoria Gaol
Whereas on the day of 18 _,.one .

was committed.to gaol
tnder the provisions of the above Ordinance; And whereas I have
determined that

shall be delivered unto
being the person duly authorized by me so

receive the said offender and to convey him from this Colony:

You are hereby ordered to deliver the said
unto being the person so duly, authorized by m© as,

aforesaid at [here insert place or time of delivery or any other
directione.]

Given under my hand and the public seal of the Colony, at Victoria,
Hongk9ng,;:

this

By Order;

Colonial Secretary.

~e said

(GOVERNOR'S ORDER OF RELEASE.)*

The Foreign Offenders Detention Ordinance, 182.

By His Excellency

and Commander-in-Chief of this Colony and its dependencies. `
To the -Superintendent of Victoria Gaol. -

Whereas one is now in your custody. under the provisions:

bf the above Ordinanpe; And whereas it has been determined that no order
shall-`beg
granted for the delivery of the said offender; You are hereby ordered to
release the
said from custody under the said'Ordinanee.

Given under my hand and the public seal of the Colony, at Victoria,
Hongliong,:
this day of 18

By Order, L.S.

Governor, X-c.

Governor,

Colonial, Secretary.

Governor, cue.

' If the order of release be issued after the delivery of the offender,
this form must be varied accord-
ing 'to the facts, and directed to the person having the custody, of the
offender.
1147

Title.
Preamble.
1148
Short title.
Interpretation 'Consualr Officer.'
'Superintendent of Goal.'
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or oder of Magistrate.
Proceedings before the Magistrate.
Production of warrant of transmision.
Proof of identity.
1149
Authentication of warrant of transmission.
Offender may show cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may order delivery up of the offender to a Consular Officer or other person.
Custody of offender after delivery to Consular Officer, &c.
The Governor may issue order of release.
Protection to Magistrate, gaoler, &c., acting under Ordinance.
1150
Forns in schedule may be used.
1151
1152

1147

Title.
Preamble.
1148
Short title.
Interpretation 'Consualr Officer.'
'Superintendent of Goal.'
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or oder of Magistrate.
Proceedings before the Magistrate.
Production of warrant of transmision.
Proof of identity.
1149
Authentication of warrant of transmission.
Offender may show cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may order delivery up of the offender to a Consular Officer or other person.
Custody of offender after delivery to Consular Officer, &c.
The Governor may issue order of release.
Protection to Magistrate, gaoler, &c., acting under Ordinance.
1150
Forns in schedule may be used.
1151
1152

https://oelawhk.lib.hku.hk/items/show/311

EMIGRATION OFFICER'S FEES ORDINANCE

No. 13 of 1872.

Emigration Officer's Fees.

An Ordinance to impose Stamp Dutics in lieu of the Fees payable to the
Emigration Officer of Hongkong under 'The Chinese Passengers'
Ordinance, 1871.'

[20th December, 1872.]

WHEREAS it is expedient to impose stamp duties in lieu of the fees payable to
the emigration officer of Hongkong nodes ' The Chinese Passengers' Ordinance,
1871:' Be it enacted by the (lovernor of Hon&ong, with the advice of the Legislative
Olouncil thereof, as follows :-

1. From and, after the commencement of this Ordinance, no fees shall be
'payable Hse~s off~es~e`A i'
to the emigration officer of Hongkong under ' The Chinese Passengers'
Ordinance,
-1$71,' but in lieu thereof the following stamp' duties are hereby
imposed, that is to
say:-

Upon every application for a certificate under Article II of the
Regulations
contained in schedule B of the said Ordinance, a stamp duty of $25
Upon every certificate granted under article 1 of the said regulations, a

stamp duty gf.,.,.

2, No fee shall henceforth be payable in this Colony by the master of a
ship for No fee for Copy

of Ordinance.

a copy of the said Ordinance under Article I of the said )regulations.

3. ' The Stamp (Amendment) Ordinance, 1868' shall be read as if the stamp
d uties hereby imposed were inserted in the schedule o£ the said
Ordinance.

Ordtthinee No. 51

of 1808.'

4. Nothing in this Ordinance contained shall be deemed to affect the; pay
n~enx bf . savsnya7nnxe;
fees under ''.Che Chinese Passengers' Ordinance, 1871,' to any emigration
officer at ariy,
>port or place out of the Colony.

[Repealed by Ordinance 110. 5 of 1874. See also No. 3 of 1874.]

1147
Title.
Preamble.
Stamp duties in lien of fees.
No fee for copy of Ordinance.
Ordinance No. 5 of 1868.
Saving clause.

1147
Title.
Preamble.
Stamp duties in lien of fees.
No fee for copy of Ordinance.
Ordinance No. 5 of 1868.
Saving clause.

https://oelawhk.lib.hku.hk/items/show/310

EXPLOSIVE SUBSTANCES ORDINANCE, 1872

Certain goods
and articles to be
doomed dan-
gerons.
[e0lk 80, Yic. r.
OO,r.,l,l ,

Definition of
petroleum.

34 k ash Vic. c.

Notice by owner
. -6r master of ship

~' .:eavrying don-

getons,goods.

R4:.k 36, Vic, c.

406Y S. 5.]

ORDINANCE No. 12 0F 18'72.

.Explosive Substances.

No. 12 of 1872.

An Ordinance to regulate the Manufacture, Importation, Storage ancT.
Carriage of Explosive Substances.

[25th September, 18 i 2.]

WHEREAS it is expedient to regulate the manufacture, importation, storage
and
carriage of explosive substances: Be it enacted by the Governor of
Honakong,.
with the advice of the Ibegislative Council thereof, as follows: -

1. The goods or articles commonly known as nitro-glycerine or glonoine
oil,,
petroleum, gun cotton, cartridges, and fulminating mercury shall be
deemed to, be
specially dangerous within the meaning of this Ordinance.

2. For the purpose of this Ordinance, the term °° Petroleum' imcludea
kerosene
oil, rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal,
schist, shale, peat,
or other bituminous substance, and any products of petroleum, or any of
the above
mentioned oils.

3. The Governor in Council shall have power to make bye-laws for
regulating the
place or places at which ships carrying any of the goods or articles to
which this
Ordinance applies are; `to be mooted in any of the harbors of the Colony,
and are to
land their cargo anal for regulating the time and mode of, and the
precautions to be-
taken on such landing.

Every such bye-law when made shall be published in the Hongkong Government
Gazette, and may be from time to time altered or revealed by a bye-law
made and
published in like manner.

Where any ,ship or cargo is moored, landed or otherwise dealt with in
contraven-
tion of any bye-law for the time being in force, the owner and master of
such ship, or I
the owner of such cargo,_as the case may be, shall each incur a penalty
not exceeding
two hundred arid fifty dollars for, each dad during which such
contravention continues
and it shall be lawful for the Harbor Master or any other person acting
under the
orders of the Harbor Master to. cause such ship or cargo -to be removed
at the expense
of the owner thereof to such place as may be in conformity with the said
bye.law, and
all expenses incurred in such removal may be recovered in the same manner
in .which.
penalties are by this Ordinance made recoverable.

4. The owner or master o£ every ship carrying a cargo any part o£ which
consists
o£ the goods or articles to which this Ordinance applies, on entering any
harbor shall
give notice-of the nature o such cargo to the Harbor Master, and shall
furnish him
with a true copy of the manifest of such goods or articles.

If such notice is not given; and manifest furnished, the owner and master
of such
ship shall each incur a penalty not exceeding the sum of two thousand
dollars, unless
it is shown to the satisfaction of the Court before which the case is
tried that neither
ORDINANCE. No.-,- 12.'oF= 1872.

Explosive- Substances.

the owner nor the master knew the nature of the good's to which the
proceedings relate,
nor could with reasonable diligence have obtained such knowledge.

5. Where any of the goods or articles to which this Ordinance applies:-

(a.) Are sent or conveyed by land or water between any two places in the
i Colony; or,

(b.) Are sold br exposed for sale;

the vessel or case containing such goods or articles shall have
attached.. thereto a label
in conspicuous characters, in English and Chinese, stating the
description of the goods
or articles with the addition 'specially dangerous,' and with the addition

(a.) In the case of a vessel or package sent or conveye, of the : name:
and
. address of the sender.

(b.) In the case of a vessel or package sold or exposed for sate, of the
name
and address of the vendor. .

All goods or articles to which this Ordinance applies which are sent,
conveyed, sold or
exposed for sale, in contravention of this section, shall, together with
the -vessel. or
package, containing the same, be forfeited, and in addition thereto the
person sending,

selling, or exposing for sale the. same shall foreach offence be liable
to a: penalty not `
exceeding twenty-five dollars.

8. Save as hereinafter- mentioned; after the passing of this
Ortlnnbe-goodi- or` = ne~ohrdaaa to-
storage of
articles to which this Ordinance .applies shall not be kept except in
pursu&nw of i: doagoronagooda:

licence by the Governor. Licences may- be granted for a limited time and
may be'

~os, a: ~gf °xc0.

subject to renewal or not in such manner as the Governor may deem
expedient.

There may be annexed to any such licence such conditions as, to. the mode
of
storage, the nature and situation of the premises in which, and the
nature of. the gpods
with'which the goods or articles to which this Ordinance applies are to
be stored, the
mode of carrying such goods or articles within the Colony, and generally
as. to the safe
keeping of such guods or articles asmay to the Governor in Council seelll
expedient.

' Any,licensee violating any of the.conditions of his licence shall be
deemed to be
an unlicensed person. There shall be charged, in respect of each licence
granted in
pursuance of this Ordinance one dollar.

All goods or articles kept in.. contravention of this section shall,
together.with: the
vessels or - packages containing the same, be forfeited; and in addition
thereto the
occupier of the- place in which. such goods or, articles are so kept
shall be.liable to a-
penalty not eareeding one hundred dollars a day for each day during
whiehsuch goods'
or articles are so kept. -,

Label on vessels

or oases contain-
ing dangerous
goods.
[$4 d 96 Vic. e.
lO6,a. B,]

This sections shall-not apply to any such goods or articles kept`leither
for private
use:or: for sale, .provided,thedollowing conditions are complied.with: '
Pem3ty for
refieing infor-
ma4lon and r
obstructing
officer.
P &- 86, Vk

oll, s.12.j

Search.for
,dangerous goods.
[84 aE $5> Vic, a.
104,, ..18:1

Application-of
Ordinance to '
other sabstances.
[84 k 36, Vic. c.
.105, s.~14.j

ORDINANCE. No. 12 OF 1872.

Explosive SuLstances.,

(1.) That they are kept in separate glass, earthenware or metal vessels or
cases each of which contains not more than a pint or pound, and is
securely stopped or fastened.

(2.) That the aggregate amount kept supposing the whole contents of the
vessels to be in bulk, does not exceed in the case of kerosene oil fifty
gallons, and in the case of petroleum and the other articles specified
three gallons, or fifteen pounds, except in the case of cartridges where
the aggregate weight shall not exceed fifteen pounds of powder.

7. Any dealer who refuses to show to any officer authorized by the
Governor,
ovary or any place or all or any of the vessels or packages in which
goods or articles
to which .this Ordinance applies in his possession are kept, or to give
him such
assistance as he may require for examining the same, or who wilfully
obstructs any
officer so authorized in the execution of this Ordinance shall incur a
penalty not
exceeding one hundred dollars.

8. Where any Magistrate is satisfied try information on oath that there is
reasonable ground to believe that any goods or articles to which this
Ordinance applies
are being kept, seat, conveyed, or exposed for sale within the Colony in
contravention
Of.tliis Ordinance; at any place, whether a building or not, or in any
ship or vehicle;
etteh Ma'rstrate=sh'a11.grant a warrant by virtue whereof it shall be
lawful for.aliy
person named in sue li warrant to enter the place, ship, or vehicle named
in such
warrant, and every, part thereof, and examine the same and search for
such goods or
articles therein, and if any goods or articles to which this Ordinance
applies, be found
therein, which are kept, sent, conveyed, or exposed for sale in
contravention of this
Ordinance, to seize and remove such goods or. articles, and the vessels'
or packages
containing the same, and to detain such goods or articles, and vessels or
packages,
until a Magistrate has determined whether the same are or not forfeited,
the
proceedings for which forfeiture shall be commenced forthwith after the
seizure.

Any person seizing any goods or articles to which this Ordinance applies,
in
pursuance of this section shall not be liable to any suit fur detaining
the same, or for
any loss or damage incurred in respect of such goods or articles,
otherwise than by
any'wilful'act or neglect while the same are so detained.

' - Any person who, by himself or by any one in his employ or acting by
his direction
or with his- consent, refuses or fails to admix into any place occupied
by or under the
control of such person, any person demanding to enter in pursuance of
this section, or
in any way obstructs or prevents any such person in or from making any
such search,',
examination, or seizure as authorized by this section, shall be liable to
a penalty not
exceeding one hundred dollars, and to forfeit all such goods or articles
to which this
Ordinance applies, which are found in his possession or under his control.

9. The Governor may from time to time make, revoke, and vary orders in
Council
directing this Ordilrance or any part thereof, to apply 'to any
substance, other than
those in the first section enumerated, and this Ordinance or the part
thereof specified
ORDINANCE NQ: =12 0' 1872.

Eiplosiae Substances.

in the order shall, during the continuance of the order, apply to such
substance, and
shall be construed and have effect as if tbroughont it such substance had
been included
in the definition of goods or articles to which ~ this Ordinance applies,
subject to the
following qualifications:

(1.) The quantity of any substance to which this Ordinance is directed by
order in Council to apply, which may be kept without a licence, shall
be such quantity only as is specified in that behalf in such order, or if
no such quantity is specified no quantity may be kept without a
licence..

(2.) The label on the vessel or package containing such substance shall be
such as may be specified in that behalf in the order.

10. No person shall deliver any, goods which are specially dangerous to
any
warehouse owner or carrier, or send or carry, or cause to be sent or
carried any, such
goods to or from any part of the Colony, or deposit such goods in or on
any warehouse,
wharf, or quay, unless the true name or description of. such goods, with
the addition
of the words 'Specially Dangerous,' in English and Chinese, is distinctly
written,
printed, or marked on the outside of the package nor in the case of
delivery to or
deposit with any warehouse owner or carrier, without also giving
notice,in writing to
him of the name or description oSsuch goods, and of their being specially
dangerous.
And any person who commits a breach of this enactment shall be liable to
a penalty,
of two thousand dollars, or at the discretion of the Court,lto
imprisonment with,o,

without bard labor for any term not exceeding two years.

11. Provided always as follows

(1.) Any person convicted of a _ breach of the last, foregoing enactment
shall
not be liable to imprisonment, or to a penalty of more than one
thousand dollars if he shows to the satisfaction of the Court and jury
before whom he is convicted that he did< not know the nature of the
goods to which the information relates.

(2.) Any person accused of havipg committed a breach of the said enactment
shall not be liable to be convicted thereof if he shows to the
satisfaction
of the Court and jury before whom ho is tried that he did not know
the nature of the goods to which the information relates, and that he
could, not, with reasonable diligence, have obtained such knowledge.

12, Where goods are delivered, sent, carried, or deposited in
contravention of

Dangerous goods
to ba marked
and notice givoo
of their ebarac-
ter.
[29 k 80i Vic.
C. 69, 8. Q y

Provision for
case of absence
of knowledge of
nature of goods..
[29 R $0, Vie.
c. 89, r. 4.]

As to forfeitnre-

the said enactment, the same shall be forfeited, and shall be disposed of
in such [0such29 Vic.
c. 69. s. 5.1
manner as' the Governor directs, whether any person is liable to be
convicted of a

breach of the said .enactment or not.
ORDINANCE No. 12,oF 1872.

Explosive Substances.

warebonae 13. No warehouse owner, or carrier shall be bound to receive or
carry any goods

piynera; &e., not
bonny to receive which are specially dangerous.
aneh goods.

order, natto-pe
~qaeqhed'for .-
sfforrn;t&c.

' tog & 30, 1'
c. 00, a. e.J

Interpretation of 14. In construing this Ordinance the term ' Warehouse
owner' shall include all
owner and
a persons,or bodies of persons owning or managing any warehouse, store,
quay, pier, or
[29 & 30, Vi
69, s. 7.1 other premises in which goods are deposited; and the word
'Carrier' shall include
allpersons or bodies of persona carrying goods or passengers for hire by
land or water.
saihmary?pro= 15. 'All offences and penalties under this Ordinance, and
all moneys and costs
~eainga for
ptrenaea,penal- directed by this Ordinance to be recovered as penalties
(excepting those imposed by
tree; &e.
section 10,) may- be prosecuted and recovered in manner provided by
Ordinance 1ZTo. 10
of 1844. The description of any offence under this Ordinance in the words
of such
Ordinance shall be sufficient in law.

18. No conviction or order made in pursuance of this Ordinance shall be
quashed
for want of form or be removed by certiorari or otherwise either at the
instance of the
(government or of any private party into any superior Court. And no
warrant of com-
mitment shall be held void by reason of any defect therein, provided that
there is a
vdlid' eoneictioil-to maintain such warrant and it is alleged in the
warrant that the

~aity 'has beein: convicted.

i~onattlee, tzp 17: =A.11 .foes -.and penalties recovered under .this.
Ordinance shall be accounted for
to be paid Into

the Treaanry:

oxamaiipe to 18. The provisions of this Ordinance shall so far as they are
applicable egtend'to
,apply to gns-
derordf. Ordinances No. 1 of 188 and No. 4 of 1867, and this
Ordinance and No. 1 of 188

r,ancesNp.l of
as4sanarro A of shall be construed together and taken for all purposes to
be one Ordinance.

1887.-,';- - . -

`ailrl,paid into the Colonial Treasury.

19.,This Ordinance may be cited for all purposes as 'The Explosive
Substances

Ordinance, 1872:'

'ommence~ent 20. This Ordinance shall come into force on such day as shall
be hereafter fixed
~f Ordinance
iy;Dmoelamation ~zrider=the hand of the'flovernor.

[Iaa force from the Xst November, 1872, under~pnoelanatio2z 5th
.October, 1872:

repealed by Ordinance ATO. 8 of 1878.1

NorE:-For bye-laws - under the Ordinance of the 26th October, 1872, see
Gazette of

the same date. _
1142
Title.
Preamble.
Certain goods and articles to be deemed dangerous.
[29 & 30, Vic. c. 69, s. 1.]
Definition of petroleum.
[34 & 35, Vic. c. 105, s. 4.]
Notice by owner or master of ship carrying dangerous goods.
[34 & 35. Vic. c. 105, s. 5.]
1143
Label on vessels or cases containing dangerous goods.
[34 & 35. Vic. c. 105, s. 6.]
Regulations as to storage of dangerous goods.
[34 & 35. Vic. c. 105, s. 7.]
1144
Penalty for refusing information and obstructing officer.
[34 & 35, Vic. c. 105, s. 12]
Search for dangerous goods.
[34 & 35. Vic. c. 105, s. 13.]
Application of Ordinance to other substances.
[34 & 35, Vic. c. 105, s. 14.]
1145
Dangerous goods to be marked and notice given of their character.
[29 & 30, Vic. c. 69, s. 3.]
Provision for case of absence of knowledge of nature of goods.
[29 & 30, Vic. c. 69, s. 4.]
As to forfeiture of such goods.
[29 & 30, Vic. c. 69, s. 5.]
1146
Warehouse owners, &c., not bound to receive such goods.
[29 & 30, Vic. c. 69, s. 6.]
Interpretation of owner and carrier.
[29 & 30, Vic. c. 69, s. 7.]
Summary proceedings for offences, penalties, &c.
Conviction or order not to be quashed for want of form, &c.
[34 & 35, Vic. c. 105, s. 15, clause 6.]
Penalties, &c. to be paid into the Treasury.
Ordinance to apply to gunpowder Ordinance No. 1 of 1848 and No. 4 of 1867.
Short title.
Commencement of Ordinance.

1142
Title.
Preamble.
Certain goods and articles to be deemed dangerous.
[29 & 30, Vic. c. 69, s. 1.]
Definition of petroleum.
[34 & 35, Vic. c. 105, s. 4.]
Notice by owner or master of ship carrying dangerous goods.
[34 & 35. Vic. c. 105, s. 5.]
1143
Label on vessels or cases containing dangerous goods.
[34 & 35. Vic. c. 105, s. 6.]
Regulations as to storage of dangerous goods.
[34 & 35. Vic. c. 105, s. 7.]
1144
Penalty for refusing information and obstructing officer.
[34 & 35, Vic. c. 105, s. 12]
Search for dangerous goods.
[34 & 35. Vic. c. 105, s. 13.]
Application of Ordinance to other substances.
[34 & 35, Vic. c. 105, s. 14.]
1145
Dangerous goods to be marked and notice given of their character.
[29 & 30, Vic. c. 69, s. 3.]
Provision for case of absence of knowledge of nature of goods.
[29 & 30, Vic. c. 69, s. 4.]
As to forfeiture of such goods.
[29 & 30, Vic. c. 69, s. 5.]
1146
Warehouse owners, &c., not bound to receive such goods.
[29 & 30, Vic. c. 69, s. 6.]
Interpretation of owner and carrier.
[29 & 30, Vic. c. 69, s. 7.]
Summary proceedings for offences, penalties, &c.
Conviction or order not to be quashed for want of form, &c.
[34 & 35, Vic. c. 105, s. 15, clause 6.]
Penalties, &c. to be paid into the Treasury.
Ordinance to apply to gunpowder Ordinance No. 1 of 1848 and No. 4 of 1867.
Short title.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/309

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1873) ORDINANCE

Revenue.

No. 11 of 1872.

An Ordinance to apply a Sum not exceeding Seven hundred and Fifty-
eight thousand Dollars to the Public Service of the Year 1873.

[19th September, 1872.]

WHEREAS the expenditure required for the service of this
Colony for the year
1873, has been estimated at the sum of seven hundred and fifty-seven
thousand one hundred and one dollars and eighty cents: Be it enacted by
the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows:-
k:9timutes, 1873. 1. A sum not exceeding seven hundred and fifty-eight
thousand dollars shall be, and
the same is hereby charged upon the revenue of this Colony for the
service of the year
ORDINANCE No. 11 of 187 2.

1873, and the said sum so charged shall be expended as hereinafter
specified;
say .--

ESTABLISHMENTS:-
Governor ,
..........................................................................

Colonial Secretary, ,

Colonial Treasurer, ..................................

Auditor General, ,
Clerk of Councils,
..................................................................
Surveyor General,
..................................................................
Postmaster General, ,
Registrar General, . : ,
Harbor Master, . ,

Collector of Stamp Revenue, ..........................

Judicial, : ,

Registrar of Companies,
.........................................................

Ecclesiastical, ...........................................

Educational,

Fire Brigade, . ,

Government Gardens,
............................................................
:,~ERYICES, EXCLUSIVE 01? ESTABLISHMENTS:-

Colonial Treasurer, ..........................................

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

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

Police Magistrates, .................................

Roads, Strests, and Bridges, ..............................

Miscellaneous Services, ,

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

Repealed by Ordinance .Ne. 4 of 1887.

that is to

c.
7 40.00
10,1 60.00
3,0 7 2.00
14,599.00
100.00
17,831.00
2 7 ,950.00
9,508.00
26,071.20
4,078.00
10,650.00
192.00
1,230.00
15,412.07
13,536.00
5,968.00
175,73?.8U
19,931.Ot1
6,848.00
4,192.80

1,700.00
720.00
6,600.00
50.00
60.00
200.00
1,860.00
13,060.00
1,050.00
41,900.00
24,300.00
3,300.00
4,500.00
127,500.00
36, 500.00
32,000.00
94,000.00

$757,101.80
1140
Title.
Preamble.
Estimates, 1873.
1141

1140
Title.
Preamble.
Estimates, 1873.
1141

https://oelawhk.lib.hku.hk/items/show/308

NUISANCES ORDINANCE

Penalty for
ubiag street

ories.

Offences how
to be dealt'
with.

ORDINANCE No. to of 1872.

aVuisance s.

No. 10 of 1872.

An Ordinance to prevent certain Nuisances.

Preamble.

[ 5th September, 1872. ]

.

~REREAS the laws hitherto in force have failed to prevent
effectually certain nuisances in the city of Victoria : Be it
enacted by the Governor of Hongkona, with the advice of the Legislative
Council thereof, as follows:-

Repealing 1. Ordinance No. 2 of 1872, is hereby repealed.

clause.

Nuisances in 2. Every person shall be liable to a penalty not, exceeding
twenty-

thoxoughfarcs
'anfive dollars,,who within the city of Victoria, shall in an3T .str eet,
thorough-

adjacent
tberete. fare, or public place, or in any place adjacent thereto, commit
any of the

following offences, that is to say

(a) Every person who shall wilfully set fire to any cracker or other
firework,
without previous permission to do so from the Superintendent,of
Police. [Repealed by Ordinance No. 9 of 1886 sub nom. sins. 1.]

(b) Every-`persou~who,.contrary to any regulations to be- pub--
fished front time. to time by the Governor in Council,
shall rough dress or cause to be rough dressed, granite
or any other stone whatever, for the erection of any
building or any other purpose.

3. Every person shall be liable to a penalty not exceeding twenty-
five dollars who shall use or utter cries for the .purpose of buying or
selling any article whatever,, or who shall make any noise whatever, with
the object of disposing of or attracting attention .to his goods, wares.,
. or
trade, within any district or place not permitted by some regulation of
the Governor in Council.

- 4. It shall be lawful for any constable belonging to the Police Force
to,=take into custody without warrant,any person who shall commit any
such offence within view of any such constable; or if such offence shall
not have been committed within view of any such constable, then ul5on
complaint of any party who shall have been injured or annoyed.by, or
been witness to t-he commission 'of any such offence ; and in the absence
of any such constable, it . shall be lawful for the party so injured or'
annoyed, or who shall have seen the offence committed, to seize:and
detain the offenf3er until he can be given into the custody of such
constable, or until he can be taken before a Magistrate.
ORDINANCE No. 10 ,oF TF2.

N nisances.

5. Every person shall be liable-to a penalty not exceeding ten
dollars who shall utter shouts or cries or make other noises while playing
the game known as Chai-112ui, between, the hours of 11 P..m. and 6 A.M.
within any district or place not permitted by some regulation of the
Governor in Council.

8. Every person who without special permission front the Governor, shall
carry Bjlu go l and
on or conduct the noisome, dangerous and offensive trade of boiling paint
oil with

trudei.
seed, or any noisy, noisome, dangerous, offensive, or noxious trade or
business, to the
annoyance, detriment or danger of any other person or 'of any contiguous
buildings or
premises, shall be deemed to be guilty of a nuisance, and shall upon the
complaint to
.any Police Magistrate of the person so injured or annoyed, or of the
owner or occupier
of the buildings so endangered or of any Police Constable, be liable to a
fine not
-exceeding fifty dollars: Provided that nothing in this section contained
shall be held
or construed to interfere with any existing rights and remedies against
persons
carrying on any of the said trades whether with or without the special
permission of

the Governor.[Be p;aled by Ordinance No. 24 of 1887.3

Penalty for,
play>ing chi-

7. In any case when a fine shall be imposed by the Police Magistrate
under the
impression that the case is one contemplated by the last preceding
section, it shall be
lawful for the person upon whom the fine has been inflicted to appeal to
the Supreme
Court, and if such Court shall be of opinion that the case is one which
could not be
made the subject of an action at law at the suit of the person injured or
annoyed, or
of an injunction in equity to restrain the carrying on such-trade or
business, such fine
shall be remitted with or without costs, as the said Court may think
fit.. [Repealed by
Ordinance No. 24 of 1887.]

.Appeal in eert»in
cases,

$. This Ordinance shall be read as though .incorporated with and
J.tleorporatio=1

of Ordinance

forming part of Ordinance No. lq of 1845. Nv;tttNo.i4 of
1945.

Regazlcztion made by the Governor in Council, in pursuance of section 3
of Ordinance
No. 10 of 1872,, the 27th day of September, 1872.

Hawkers are permitted to use or utter cries or make other noises for the
purpose of
buying or selling their goods, or of attracting~attention to their trade
or wares, in all parts
.of the city of Victoria,-except in No: 5 district, Queen's Road, the
Praya, Bonham
Roa , and the district to the south thereof.

Regulation 18th May, 1890.
Nuisances.

No. 10 of 1872.

Regulations made by the Governor in Council, in pursuance of sub-section
(b.) of
section 2of Ordinance 11'0. 10 of 1872, the 27th day of .',~eptembeo,
1872.

1. Every person shall be deemed to be guilty of a nuisance within the
meaning of

sr the Ordinance, who shall dress, or cause to be dressed, granite or
other stone for the:
erection of any building, or for any other purpose, within the city of
Victoria, when such
dressing could have been executed at the quarry without rendering the
granite or other
stone liable to injury during its transport to the place where it is
required for use.

2. The dressing of granite or other stone shall not be deemed a nuisance
when the
same has been taken from a ruined building or other work, and is about to
be used in the
re-construction of the said building or work.

Regulation ynade by the Governor in Council, in pursuance of section 5 of
Ordinance
No. 10 of 1872, the 27th day of September, 1872.

It is not permitted to utter shouts or cries or make other noises while
playing the
game known as Chai-Mui, between the hours of 11 P.M. and G A.M. in No. 5
district,
Queen's Road, the Praya, Bonham Road, and the district to the south
thereof.

Regulation made by the Governor in Council, under the provisions of
section 3 of
Ordinance No. 10 of 1872, the 13th, and gazetted the 24th May, 1890.

Hawkers are permitted to use or utter cries or make other noises for the
purpose of
buying or selling their goods or of attracting attention to their trade
or wares in all parts.
of tire city of Victoria, except in or to the south of Bonham Road and
Caine Road, and
to the east of a boundary running down Skiing Wong Street as far as
Hollywood Road
along Hollywood Road to Lyndhurst Terrace down Lyndhurst Terrace to
Pottinger
Street down Pottinger Street to Praya ; and except to the west of Murray
Barracks and
the line of the tramway.
1138
Title.
Preamble.
Repealing clause.
Nuisances in thorogh fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
1139
Penalty for playing Chai-Mui at night.
Boiling oil and offensive or dangerous trades.
Appeal in certain cases.
Incorporation of Ordinance with No. 14 of 1845.
1140

1138
Title.
Preamble.
Repealing clause.
Nuisances in thorogh fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
1139
Penalty for playing Chai-Mui at night.
Boiling oil and offensive or dangerous trades.
Appeal in certain cases.
Incorporation of Ordinance with No. 14 of 1845.
1140

https://oelawhk.lib.hku.hk/items/show/307

CARRIAGE OF DANGEROUS GOODS ORDINANCE

Carriage of Dangerous Goods.

No. 9 of 1872.

An Ordinance for the Prevention of the Carriage of dangerous Goods on
board Foreign Ships without due notice.

[23rd July, 1872.]

HEREAS it is expedient to extend the operation of section 329 of 'The
Merchant rrea,nble.
Shipping Act, 1854' to foreign ships,when within the limits of this
Colony: .

Be it therefore enacted by the Governor of Hongkong, with the advice of
the
Legislative Council thereof, as follogs:
1. The provisions of the 329th section of the 'The Merchant Shipping Act,
1854'
shall extend to foreign ships when within the limits of the Colony of
Hongkorig.
2. This Ordinance shall be construed with and, as part of 'The Merchant
Shipping Act, 1854.'

[Repealed by Ordinance No. 8 of 1879.]
1137

Title.
Preamble.
Provisions as to carrying dangerous goods.
Ordinance to be read with Merchant Shipping Act, 1854.

1137

Title.
Preamble.
Provisions as to carrying dangerous goods.
Ordinance to be read with Merchant Shipping Act, 1854.

https://oelawhk.lib.hku.hk/items/show/306

CRIMINAL PRCEDURE -- TRIAL BY SPECIAL JURY ORDINANCE

Criminal Procedure -- Trial by Special Jury.

No. 8 of 1872.

An Ordinance to further amend the Law relating to Criminal Procedure.

[23rd July, 1872.]

WHEREAS it ,is expedient to further amend the law relating to criminal pro-
ced>xr8 and to-make further provision for the trial of criminal cases by
special
juries: Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof, as follows:-

maybe tried
by a special jury, anything
lion by special
Jnry. , in section 17 of Ordinance No. 11 of 1864 to the contrary
notwithstanding. It shall be
lawful for tile .Attorney General by written notice to the Registrar of
the supreme
Court, or for any Judge of the Court, upoil the application of any
defendant or prisoner
against whom an information has been filed, by an order of the Court, to
cause such
special jury to be summoned for the trial of any case: Provided that such
written
notice be served, or such application made at least four full days before
the day on
which such trial is to take place.
Mode of forming 2. Upon the receipt of such notice from the Attorney
General, or upon any order
panel, dzc. w ,
of the Court to that effect being made, the Registrar shall proceed to
form a panel o
fourteen special jurors, and the said panel shall be formed and the said
jurors summoned
in accordance with, and they shall in all paiticulars be subject to the
provisions of

Ordinance No. 11 of 1864, respecting common juries upon criminal trials.

:Speplaljarore 3, Special jurors shall not be entitled to any remuneration
in criminal cases:
entitledto no
remuneration 1n
crtininaloases, provided that the Court may, upon the application of any
defendant or prisoner for a
o~h sC ~T~aer special jury, make it part of the order that such special
jury be remunerated on the
same scale as they are remunerated on the trial of civil suits, and that
such defendant
or prisoner deposit with the Registrar or other officer of the Court a
sum sufficient to
cover the expenses ofthe special jury; otherwise the order of the Court
to be of no
effect.
Criminal Procedure -- Trial by Special Jury.

No. 8 of 1872.

4. Section 2 of Ordinance No. 7 of 1868 and section 22 of Ordinance No. h
of
1864 are hereby repealed, and the words following shall be substituted
for such last
mentioned section, and shall henceforth be read as if the same had been
originally
inserted therein:-' After the jury in any case shall have been sworn, or
charged with'
any prisoner, they shall, be kept in some convenient place in Court apart
by them-
selves, retirement of individual jurors for personal purposes only
excepted, and then in
charge of an officer of the Court, until the Chief Justice or other
presiding Judge has
summed up the evidence, and has left the case with the jury: Provided
that in case
and as often as the Court. shall adjourn before the case shall have been
so loft with the
jury, then such jury may as often as the Court shall direct be removed in
charge of an
officer of the Court to some convenient place there to take refreshment
and rest until
the Court shall reassemble; and such officer shall be sworn that be will
suffer none
save himself to speak to or to communicate with them without the express
leave of
the Court. If after the case shall have been so left to the jury, and
such jury shall
desire to withdraw for the purpose of considering their verdict, then
they shall be kept
by such officer of the Court in some convenient place apart by
themselves, with power
to retire alone only for personal purposes, until they are agreed upon
their verdict, or
be discharged therefrom by the Court; and the officer shall be sworn that
he will suffer
none to have access to them, oy speak to them, and that he will not speak
to them
himself except to ask whether they are ,agreed upon their verdict or to
communicate
between them and the bourt : Provided always that it shall be in the
discretion of the
Court in all cases to dispense with any of the foregoing provisions.'
f;. Section 3 of Ordinance No. 7 of 1868, is hereby repealed, and there
shall be
added to section 23 of Ordinance No. 11 of 1864, the words following,
that is to say :--
'Provided always that the Court may in all cases, in the event of any
adjournment, in
its discretion, allow the jury to separate for such time and subject to
such conditions as
to the Court may seem fit. .

[Repealed by Ordinance No. 18 of 1887.]
1136
Title.
Preamble.
Trial of information by special jury.
Mode of forming panel, &c.
Special jurors entitled to no remuneration in criminal cases, except by order of the Court.
1137
How jury sworn or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.

1136
Title.
Preamble.
Trial of information by special jury.
Mode of forming panel, &c.
Special jurors entitled to no remuneration in criminal cases, except by order of the Court.
1137
How jury sworn or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.

https://oelawhk.lib.hku.hk/items/show/305

REGISTRATION OF BIRTHS AND DEATHS ORDINANCE

ORDINANCE No. 7 c>r 1872.

Registration of Births and Deaths.

No. 7 of 18'2.

An Ordinance for registering Births and Deaths in Hongkong.,
23rd July, 1872.

WIIEREA.S it is expedient to provide the means for a complete
register of the births and deaths of the inhabitants of the Colony:
of Hongkong: Be it enacted by the Governor of UoDykoDfr, with' the
advice of the Legislative Council thereof, as follows:.

to be
chief Regis-
tear of births
and deaths.

registers to be

~stabli~liedE~a~
Cer tain:
13Iaaes. °..

1, the office of the Registrar General shall be 'The General (~egiste>
Office' for keeping a register of all births and deaths of the inhabitants
of the Colony of Hongkong, and the Rebistrar General shall be the Chief
Registrar of all such births and deaths.

2. District registers of births and deaths shall be kept at such Police
stations in the city of Victoria, and at such other stations in the
villages
which ixiay be hereafter declared by the Governor to be register offices,
and the inspector,' sergeant or other Police officer for the time being
;in
ciiarbe~ o£ sixth staiGion shall..be-a registrar of all births and deaths
occurring Wit `the dis~rct~ place or village..where such Police station

is situate.

Iiegisters.of ~ 3. All registers of the births and deaths o£ the Chinese
population

:

births, &o., bio., of the Colony shall be kept in both the English and
Chinese languages
,_.,to be kept in
kngliah and
chi

~eae.

y et~;- 4: The Registrar General shall cause to be printed on account of

books t5be',
prrwiaed.. ` the said register once a sufficiemt mui~aber of register
books for malzing

entries of all births arid deaths, of the inhabitant's of the Colony of
-long according to the foriri -of schedules =(:A.) and (B) to this
Ordinance'

is'gi4aa .
tt 'i
1 69
1r,2141
deaths. - -.

annexedas them shall be printed-,ixpon each side of every leaf the heads
of ipfor-
rriatoon herein required to be known anal registered of births and deaths
respectively ; and every laaae, of each such books .shall be numbered pro-
bressivel.y, from, the 'beginning -to th.e.end-, -beginni6g'lwiflu,
riuniber one',;..
and every place of entry shall be also .numbered progressively from the-
beginning to` the -end of the book,: beginning with :Dumber one ;-and`
every entry shall be ;divided. from the follo5viag entry by,a printed
li`r%e. ;

5. The Registrar General shall cause himself .to be provided with
and shall furnis-I to every registrar, a sufficient number, of register
books.
of kiirths and of register books of deaths ; and the Registrar General and
ORDINANCE No. 7-ok 1872:

egistration of Births and Deaths:

every registrar shall be authorised, and is hereby required, to inform
himself carefully of every birth and every death which shall happen
within his districts or district, place or village after this Ordinance
shall
leave cone into operation, and to learn and register as soon after the
event
as conveniently may be done, without fee or reward save as hereinafter
mentioned, in one of the said books, tile particulars required to be
registered according to the forms in the -said schedules (A) and (73)
repectively touching every such birth or every such death, His the case
may be, which shall not have been already registered, every such entry
being made in order from the beginning to the end of the book.
6. Tlle father or mother of any child- born, or the occupier of every
house, or tenement within the Colony of Hongkong in which any birth
or death shall happen after this Ordinance shall have come into operation,
may within seven days next after the day of such birth or within five
days after the clay of such death. respectively, give notice of such
birth or
death to the Registrar General or to the registrar of the district,
village
or place in which, such birth or death shall have occurred ; and in case
any new born child or any dead body shall be found exposed, any Police
constable who shall have found such child exposed, and the Coroner. In.

the case of the dead body, shall forthwith give notice andjpformatlon :;
thereof and of the place where such child or deed body was foundo the `

Registrar General or registrar, as the case .nay ;be; and for : l e
purpose
of this Ordinance, tile Superintendent of the Victoria G 01,; .arid Super-
intendent, warden or keeper of every hospital or Ether public or
charitable,
institution, shall be deemed the occupier thereof.

7, The father 'of every child born in the Colony of Hongkong after.
this Ordinance shall have come into operation or in case .of the fieath,,
illness, absence or inability of the father, the mother of such child,
shall
within thirty days after the, day of every such birth, give information to
the Renistrar General or registrar -of the district or place within which
such: birth may have occurred; or in case of the-- death, illness;
absence .
or.inability of the father and mother; the occf-Pier of the house or
tone-%'~
ment in, which such chili shall -leave' been born, shall within thirty -
days= ;
after the day of every such birth give in-formation ut)on being requested-'
so to ~lo, to the: Registrar General or `reistrar of the district or place
within which such birth may have occurred; according to the best of
'his: or he'r knowledge :end belief, of the sev era. particulars hereby
required
to lie-known or rebistdred.

Parents or
ocoupiers of
houses in
tvhich births `
or deaths
happen, and
policemen
and Coroner;
in case of
foundlings or
exposed dead
bodies to give
notice.

Parent or,
occupier of .
house
required to
give pa'rtirm=
tars of birthar-
so far as ~.,
ale to registry

,.;:after sapira
;tion of SO
`,days after
',- birth of
.child.

Natile:given
in baptisms.
mdf be regis-
tered:within &
rhpz~bhs after
Veii -etration

fa

V ~ ~ ~~ ;_ (A. Reduoed
~. ~ -~ to 10 cents by
k d ~ i ,- j =ordar in
I C ~' G'ou~cil 12th
1 !,'~ ` .. : February,
18?'4, printed
.at _ foot of
Ordiytanac.- `.

Isro:a : .

Some person
present at,
death, or '.
occupier of '
houserequired
`-to;give.
``~:si`ticulars of-
~eath:
Regiatiar to
make entry of;,
funding of-ahe
the jury upon
Coroner's
inquest. . ,

ORDINANCE No. T oF I872.-

Beyistrativn of Births and Deaths.

$, In all cases where the notice required by this Ordinance shall'U-
given to the Registrar General or any registrar within thirty days-~©f-`
the birth of any child eexclusive of the day of birth, no fee shall die'
required or paid for registering the said birth ; bat when such notice'
shall be given after the expiration of the said thirty days and wi-tlii

sixty days after the said- birth, exclusive of the day of birth, a fee of
odv-
dollar shall be required of and paid by the person who by virtue of blis_
Ordinance is charged, with the duty of giving notice of such birth. If'
,no such notice as aforesaid be given within the said sixty days, they
person charged with the duty of giving such notice shall be liable to 6°
fine' not exceeding twenty-five dollars.

9, If any child born. within the Colony whose birth shall have been
registered as aforesaid, shall within six months next after it shall have
been so registered, have any name given to it in baptism, the parent, or
guardian of such Fchild, or other person procuring such name to be giveh;_
may, within seven days next after such baptism, procure and deliver to
the :Registrav General or registrar, in whose custody the register of the
child may then happen to lie, a certificate, according to the form of
sche-
dule (C) to this Ordinance annexed, signed by the minister who shall
have performed the rite of baptism,., which certificate, such minister is
hereby required to deliver immediately after the baptism, whenever the
same shall be then demanded, on payment of the fee of one dollar, which
he shall, be therefor entitled to receive ; and the Registrar General or

registrar, upon receipt of such certificate, and on payment of the fee :of
one dollar, which he shall be therefor entitled to receive, shall, without
any erasure of the original entry, forthwith register therein that the
child was baptised by such name and the Registrar General or registrar,
.
shall thereupon certify upon the said certificate the additional entry so
made.

10: Some-person present at the death or ill attendance during tl~-

Iast illness of every person dying within tlo C'o'ony of hIonghong after
tliis~
Ordinance shall have come into operation or; in case of the death,
illnees;
inability, or-, default of: all such persons, the occupier of the house.
oi<=
tenement, or if the .occupier be, the person why shall have died, sorin
inmate of the house or tenement in which such death shall have happened;
shall; within seven days next after the day. of such death, give in
forcna~
-
tion,' upon being requested so to do, to the Registrar. GenEral. or=
regis-
ORDINANCE No. -I of 18'72:

Registration of Births and Deaths.

-tear, within whose district such death shall have occurred; according to
the best of his or her knowledge and belief, of the several particulars
hereby required to be known and registered, touching the death of such
person: Provided always, that in every case in which an inquest shall
be held on any dead body, the jury shall inquire of the particulars
herein required to be registered concerning the death, and the Coroner
shall inform the Registrar General of the finding of the jurors, and the
Registrar General shall make the entry accordingly.

11. The Registrar General and every registrar, immediately upon
registering any death, or as soon thereafter :is he shall be required so
to
-do, shall, without fee or reward, deliver to the undertaker or other
person
having charge of the funeral, a certificate under his hand according to
the form of schedule (E) to this Ordinance annexed, that such death
has been duly registered, and such certificate shall be delivered by such
undertaker or other person to the minister or officiating person (if any)
who shall be required to bury or to perform any religious service for the
burial of the dead body, and if any dead body shall be buried for which
no'such certificate shall have been delivered, the person who shall bury,
or perform any funeral or any religious service for the burial, shall
forth.

with give 'notice thereof t9 the Registrar: Provided= always,.that the
coozi-rmay

Coroner, (°~ Magistrate ' as amended by Ord. No:1 7-of 1.8881 =upon-
liolding
,any inquest, may order the body to be buried, if he shall jhink fit;
before'
registry of the death, and shall in such case give -a certificate of his
order
in writing under his hand, according to the form of schedule (F) to. this
Ordinance annexed, to such undertaker or other person having .charge of
the funeral, which shall be delivered as aforesaid ; and every person who
shall bury ox perform any funeral or any religious service for the burial
.of any dead--body for which- no certificate shall have been duly made and
-delivered as aforesaid, * either by the Registrar General,. registrar or
Coron,-? [' Jlccgi.strate'as,amendec~.by Ord. No. 1,7of.1888] and who
shall
not within seven days give notice thereof to the Registrar General,
shall forfeit and pay any sum not exceeding, fifty dollar' for every such
,offence. -

Registrar to
give certifi~
pate of
registry of
deaths to
undertaker,
who span
deliver the
same to the
minister or
other offici-
ating person.
if any.

order'body to:

be buried auil=--
give certifi:
pate thereof.

No dead bony,
to be buried
without ' -
certificate of
registry or of,
inquest. -'.

12: Every person by' whom the, information contained in any Register to be
register of birth or death under this Ordinance shall have 'aee,n given
informant,

shall l signed by the

-sign his nu,me, description, and place of abode in, tlae° register; and
no register of birth or death according to this O1di,riance shall be given
URDINAi~CE No. 7 0r 1872.

Registration of Births and Deaths.

in evidence which shall not be signed by some person . professing to be-

the informant, gad to be such party as is herein required to hive such,

information to the P~egistrar. General or rebistrar.

13. In the months of January, April, July and October, on such
days as shall from time to time be appointed. by the Registrar General,
every registrar shall make and send to the Registrar General on durable,-
materials, a true copy, certified by .him under his hand, according' to
the form of schedule (D) to this Ordinance annexed., of all the entries,
of births and deaths in the register book kept by him since the
last certificate, the first of such certificates to be given in the month
hereafter to be fixed by the Governor in the year one thousand eight
hundred and seventy-two, and to contain all entries made up to that.
time ; and the Reriistrar General shall verify the same, and if found to
be correct shall certify the same under his hand'to be a trite copy ; and
if there shall have been no birth or death registered since the delivery
of'
the last certificate, the registrar shall certify the fact, and such
certificate
shuUb6:del`iveced to the ht,evistrar General a's 'aforesaid, and
countersign- .
ed-by hiin and etch egistra>a shall peep safely such register books as

-

sha`ll:.be-Fplaced under his-control-,==uzit,I=each`of the said register
books-,
shall- be filled, grad shall then deliver it to the Registrar General, to
be
kept by him with the records of his office.

14. The Registrar General and every registrar, who shall have the-,
beeping for the time being of any register book of births or deaths, shall
at all reasonable times allow searches to be made of any register book in-.
his keeping, and the Registrar General shall give a copy certified under
his hand of any entry or entries in the same, on payment of the fee
hereinafter mentioned;, (that is to say) for -every search extending over
a period not less than one yeas the surn of fifty cents,, and twenty-five
cents additional for every additional year,. and the sum of one' dollar r
'fbrv'

every. single certificate.

15. ,The f-:egistrar General shall cause indexes of the register books
in, his officer to be made and kept with the oahc~r records of his office;
and every person shall be entitled at all reasonable hours to search the
;said indeAes, and to hove a certified copy of any entry= or entries in
the
said register books under the hand of,the,Registrar General on payment
xof,:-the fees *'hereinafter mentioned,; that is. to ;say :=for every
general...
'seiirch th-su zxz of two dollars, and for every, particular search the
sum of.
fifty cents, and,,for every such certified copy the szzzn of one dollar.
ORDINANCE -No. 7 of 1872.

Registration of Births and Deaths.

16. The Registrar General shall cause to be made a seal of the said
register office, and shall cause to be sBaled or stamped therewith all
terrified copies of entries given in the said office; and all certified
copies
.of entries purporting to be sealed or stamped with the seal of the said
.register office shall_be, received `as evidence of the birth or death to
which
the same relates, without a.nv,~, further,orwother~proo_£_ofRsnch~,
ent~;y: and
no certified copy purporting to be given in the said office shalli be of
any
force or effect which is not sealed, or stamped us aforesaid.

17. Every sum received under the provisions of this. Ordinance by tees for

aeareLes in.

,or on account of the Registrar General shall be accounted for and
paidlbt= the general

xegister office
to be account-
ed for to the
Treasury.

18. Every person who shall wilfully. make or cause to be made, for
the purpose of being inserted in any register of birth or death, any false
statement touching any of the particulars herein required to be known
and registered, shall be subject to the same loofas and penalties as if he
were guilty of perjury.

19. Every person who is charged with the duty. o£ registering
births eenatcyfor
or, deaths, who shall refuse `or. withQ tt reasonable cause=. omit
-to=regirstet'- rE~ ~r ~g
bi~titacd
any'birth of which he shall liave had due nottice_ as. aforeeai:d, ar7t1=
ever`:. d~ttx-ar1o~
person _ having the custody ° of,, any, , registerbook, . or c~rtxfied
co~x~s ~n~u~ g the ~.'
thereof, or of any part thereof, ,who shall carelessly lose or injure the
.;

-same, or carelessly allow the same to be injured whilst . in. -his
keeping,,
shall forfeit a sum not exceeding two hundred dollars for every such
offence.

him into the Colonial 'treasury.

Certified
copies-giv
at general

ter~

r

t7b~e

seal

Penalties fox
wilfully
giving false
information.

20. Every person who shall wilfully destroy or injure, or cause to
be destroyed or injured, any each 'register book; or any part or certified
.copy of any part thereof, or~sh',all'faely make or counterfeit,, or
cause to
be fzlsely made or counterfeited, ably part .of any such register book or.
-certified copy thereof,-orallill wilfully insert or cause to be inserted
in
any register boob, or certified;.cohy thereof any false entry of any.
birth,
death or mar'riage,'ors1l:=,wili'ully give any false cei°tificate, or
shall
certify any writing to be o- copy or' extract o£ any register book,
knowing
the same register to be false in any part thereof, or shall forge or
counter-
feit the seal of the register office; shall be guilty of felony; and,
being
convicted thereof, shall be liable, at the discretion of the Court, to be
kept in penal servitude foil any term not exceeding seen years and not
agoidental
eiirors may be
corrected.

forma:

ORDINANCE No. 11 of 1$72,

Registration of Births and Deaths.

less than three years, or to be imprisoned for any term not exceeding
two years with or without hard labour.

21. No person charged with the duty of registering any birth or-
death, who shall discover any error to have been committed in the form
or substance of any such entry, shall be therefore liable to any of the
penalties aforesaid if within one calendar month next after the discovery
of such error, in the presence of the parents of the child whose birth may
have been so registered, or of two persons attending upon any. person in -
his or her last illness whose death may have been so registered, or in.
cams of the death or absence of the respective parties aforesaid, then in=
the presence of the Registrar General, or in the case of the Registrar
General himself in the presence of the Colonial KS)ecretary and of two
other
credible witnesses who shall respectively attest the same, he shall
correct
the erroneous entry according to the truth of the case, by entry on the
margin, without any alteration of the original entry, and shall sign the
marginal entry, and add thereunto the day of the month and year when
such correction shall be made.

22. ,All fides- aid` forfeitures by this Ordinance imposed unless
otherwise directed, shall 4e recovered before any Police Magistrate, upon
the information or complaint of any person, under the provisions of'
Ordinance No. 10 of 1844.

23. It shall be lawful for the Governor in Council to frame such
regulations as may be found necessary or desirable for the due carrying
into effect of the provisions of this Ordinance, and from time to time- to
alter or amend- the forms given in the sched ales hereto.

This Ordinance, shall come into force on such day as shall be-

Commence-
ment of

ordinance. .hereafter fixed by proclamation under the hand of the Governor.

p~ ~~ .c,~_.~°' i SCHEWLES.

1672. Births in the District tlf Hongkong.

Name

014,

Signature,

~
and Name and hank or I)escrrption, Signature Baptismal Name,
No. When Name Sex. Surname Maiden Profession and when of if udded after
born. if guy, of Surname of Father. Residence Registered.
Registrar. Registration
Father, of;rllothgr. of of Birth.
Informant.
1 7tla Jan. James. B~y. William Rebecca Carpenter. William- BtAJan. John Can,
Green. (7tSBIt Green, Legaty
. ~ fonmerty l^ad,ar,12, . RegieMwr.
Jennings. Queen's
Road. -

NoTl;.-The Words and figures in italics in this schedule to be filledin
as the case may bet
No.

When D.ed.

4th FeGmuary.

ORDINANCE No. 'T of 1872.

Registration of Births and Deaths.

Deaths in the District of

Name and hank and
Surname. Sex. Age. profession.

William Male. 43 Carpnater.

76.

Cause
of
Death.

Iiongkong.

Signature,
Description and
Hestdence-of
Iaformnnt.

Rebecca Green,
Widow,
Queen's Road.

When
Registered.

5th February.

Signature of
Registrar.

John Cox,
Rtyiatrar.

NOTE.-The words and figures in italics to be filled in as the case may be.

I, Gilbert Elliott, Colonial Chaplain of Hongkong, do hereby ' certify,
that I have
this day baptised by the name of Tlxomas a inale child, produced to me by
Williansx
Green, as the son of William Green and Rebecca Green, and declared by
tile said William

Green to have boon born at Hongkong on the day , of

I, John Cox, registrar of births and deathff `in the district of

do hereby certify that this is a true copy of the reg'istrar's book of
births {or deaths)
within the said district, from the entry of the birth (or death) -of
James Green, No.
to the entry of the birth,(or death) of William Strange, No.

Witness my hand this day of

Gilbert Elliott,
Chaplain..

John Cox,.

Registrar.'

I, John Cox, registrar of birt7~s and deaths in the district of
Hongkong, do hereby certify, that the death .of Henry Hastings has been
duly 're-
gistered by me on. the day of 18 ,

Witness my' hand this day yf _ 18 _ : -

. -A - ~olax Cox,

` Registrar.
Registration of Births and Deaths

No. 7 of 1872.

(F.)

I, Alfred Listen Coroner [`Magistrate' as anxcnded by Ord. No. 17 of 1888] for the
Colony of Hongkong, do hereby order the burial of the body now shown to the inquest
jury as the body of Ho Chi.

Witness my hand this day of 18

A feed Lister,
Coroner. ['Magistrate,'

as amended by Ord. No. 1 7 of 1888.]

[In force from, the 1st January, 1873, under Proclamation 23rd October, 1872.]


1128
Title.
Preamble.
Registrar General to be Chief Registrar of births and deaths.
District registers to be estalished at certain places.
Registers of Chinese birhts, &c., to be kept in English and Chinese.
Register books to be provided.
Registrar to register births and deaths.
1129
Parents or occupiers of houses in which births or deaths happen, and policemen and Coroners in case of foundings or exposed dead bodies to give notice.
Parent or occupier of house required to give particulars of births so far as known.
1130
As to registry after expiration of 30 days after birth of child.
Name given in baptism may be registered within 6 months after registration of birth.
[ * Reduced to 10 cents by order in Council 12th February, 1874, printed at foot of Ordinance No. 17 of 1870.]
Some person present at death, or occupier of house required to give particulars of death.
Registrar to make entry of finding of the jury upon Coroner's inquest.
1131
Registrar to give certificate of registry of deaths to undertaker, who shall deliver the same to the minister or other officiating person, if any.
Conorner may order body to be buried and give certificate thereof.
No dead body to be buried without certificate of registry or of inquest.
Register to be signed by the informant.
1132
Certified copies if registers of births and deaths to be sent quarterly and the register books when filled to the Registrar General.
Searches may be made, and certificates given.
Indexes to be made at the Registrar General's office, and perosns allowed to search them.
1133
Certified copies given at general register office to be sealed.
Fees for searches in the general register office to be accounted for to the Treasury.
Penalties for wilfully giving false information.
Penalty for not duly registering births and deaths or for losing or injuring the registers.
Penalty for destroying or falsifying register books.
1134
Accidental errors may be corrected.
Recovery of penalties.
Governr in Council may frame regulations, and other forms.
Commencement Ordinance.
1135
1136

1128
Title.
Preamble.
Registrar General to be Chief Registrar of births and deaths.
District registers to be estalished at certain places.
Registers of Chinese birhts, &c., to be kept in English and Chinese.
Register books to be provided.
Registrar to register births and deaths.
1129
Parents or occupiers of houses in which births or deaths happen, and policemen and Coroners in case of foundings or exposed dead bodies to give notice.
Parent or occupier of house required to give particulars of births so far as known.
1130
As to registry after expiration of 30 days after birth of child.
Name given in baptism may be registered within 6 months after registration of birth.
[ * Reduced to 10 cents by order in Council 12th February, 1874, printed at foot of Ordinance No. 17 of 1870.]
Some person present at death, or occupier of house required to give particulars of death.
Registrar to make entry of finding of the jury upon Coroner's inquest.
1131
Registrar to give certificate of registry of deaths to undertaker, who shall deliver the same to the minister or other officiating person, if any.
Conorner may order body to be buried and give certificate thereof.
No dead body to be buried without certificate of registry or of inquest.
Register to be signed by the informant.
1132
Certified copies if registers of births and deaths to be sent quarterly and the register books when filled to the Registrar General.
Searches may be made, and certificates given.
Indexes to be made at the Registrar General's office, and perosns allowed to search them.
1133
Certified copies given at general register office to be sealed.
Fees for searches in the general register office to be accounted for to the Treasury.
Penalties for wilfully giving false information.
Penalty for not duly registering births and deaths or for losing or injuring the registers.
Penalty for destroying or falsifying register books.
1134
Accidental errors may be corrected.
Recovery of penalties.
Governr in Council may frame regulations, and other forms.
Commencement Ordinance.
1135
1136

https://oelawhk.lib.hku.hk/items/show/304

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1871) ORDINANCE

Revenue.

No. 6 of 1872.

An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Ninety-nine thousand Dollars to defray the Charges of
the Year 1871.

[23rd July, 1872.]

'HEREAS it has become necessary to make farther provision for the public
service of the Colony for the -year 1$f1, in addition 1;0 the; charge
upon thW=

revenue for the service of the said. gear already provided for'iu 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 ninety-nine thousand dollars shall be- and the
sane is hereby Supplementary
Estimates, 1871.

charged- upon the revenue of this Colony for the service of the year
1871, the laid sum so
charged being expended as hereinafter specified ; that is to Say:-

Surveyor General's Department,
Educational Do., -
Medical 1)b:; .
Works and Buildings, .....

Roads, Streets, and Bridges, . . ;. . .

. Miscellaueous Services, , .,.r. .... . ......... .,

Land and House Purchased,

[Repealed by, Ordinance No. '4 of 1887.

c.
2,223.88
1 s7.o1
7;932;56=
38;?'75.4a-
$2,717.1:3-
1:5,052.Of

Tota1,...:.:.:.$98,242.49
1127
Title.
Preamble.
Supplementary Estimates, 1871.

1127
Title.
Preamble.
Supplementary Estimates, 1871.

https://oelawhk.lib.hku.hk/items/show/303

CRIMINAL LAW AMENDMENT ORDINANCE

Criminal Law Amendment.

No. 5 of 1872.

An Ordinance to further amend the Law elating to Criminal
Procedure.

[16th May, 1872.]

A'HERE:A;S it is expedient to further amend the law relatinto~

criminal :proce~lure be it enacted by the Governor of Hongkong
the advice of the Legislal;ive Council thereof, as follows

Verdicts aid ~ 1: Zf it shall become necessary at anytime for any gnrpose
whatsoevey:.
judgments
valid aster . todraw up a £ornexal record in any case where:any
amendment shall h-eve ~;
amendments.
,sea 14 t 1,6beenv- made under the provisions of Ordinance. No. 3. of
1865, stxc.hyre-
Y-e::T00,s.3.1

cord shall be drawn up.in the form in which, the information ,was after,:

such. amendment- was .made, without takin ; any notice :of the fact, o£
such

amendment having- been-made:

2. No information,l'or. an y offence shall be held insufficient for want -

mot, to be lxeld
,~a~c~e~,t= ~ the- averment- of any.mat~er unnecessary to be proved, nor,
for omittin .

Yoi certain - ,

om~galong, ~c to~v~te the time pat which the offence was committed in any
case, where..

[See 2azd. :time,is not of the essence of the offence nor for stating the
time imperfectly.
Criminal Law Amendment.

No. 5 of 1872.

nor for stating the offence to have been committed on a day subsequent
to that of the information, or on an impossible day or on a day that never
happened, nor for want of the statement of the value or price of any
matter
or thing, or the amount of damao'e, injury, or spoil in any case where
the value or price or the amount of damage, injury, or spoil, is not of
the
essence of .the offence.

Note.- The marginal note to section 1 of this Ordinance in the corresponding section
(3) of 14 aced 15 Vic. c. 100, is as follows:

' Records to be drawn up in amended form without noticing the amendments.'
1126

Title.
Preamble.
Verdicts and judgments valid after amendments.
[See 14 & 15 V. c. 100, s. 3.]
Informations not to be held insufficient for certain omissions, &c.
[See ibid. s. 24.]
1127

1126

Title.
Preamble.
Verdicts and judgments valid after amendments.
[See 14 & 15 V. c. 100, s. 3.]
Informations not to be held insufficient for certain omissions, &c.
[See ibid. s. 24.]
1127

https://oelawhk.lib.hku.hk/items/show/302

BRANDING AND FLOGGING ORDINANCE

Branding and Flogging.

No. 4 of 1872.

An Ordinance to make Provision for the Branding and Punishment of
Criminals in certain Cases.

[5th April, 1872.]

WHEREAS crime has greatly increased since the branding of criminals, on
accepting conditional .pardons, and since the .punishniHnt of flogging for
returning to the Colony in violation of * the conditions of each pardons,
have been
discontinued: Be it therefore enacted by the, Governor of Hongkong, with
the advice
of the Legislative Council thereof, as follows:- , -

1. In all cases whore-Chinese convicted of am crime and actually
undergoing
sentence of imprisonment, may voluntarily petition the Governor to be
released on
condition that they shall be sufficiently marked or bonded, to be thereby
recognized
subsequently, and shall -also undertake 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 aecoAinglc:
Provided,
nevertbeless, that every, such convict so petitioning, shall state in his
petition his
willingness to leave the Colony; and, if found therein subsequently
without due permis-
sion, to be dealt with as the law may direct.
Branding and Flogging.

No. 4 of 1872.

2. Every convict so petitioning and branded as aforesaid, and
nevertheless<~,
returning to the Colony, shall be immediately liable, on recognition and
conviction,:.,
thereof before a Magistrate, 'to undergo the remainder o£ his original
sentence, anti;;.,
also, if a male, and, if convicted subsequent to his return to the Colony
of any felony;-v
or other crime, which the Court sentencing such convict may consider to
be so brutal,.
inveterate or mischievous as, to justify extraordinary measures, shall be
liable to be

once or twice publicly or privately flogged with the regulation
instrument: Prov idl
that not more than thirty-six lashes be inflicted on any one occasion.

3. Regulations defining the mode of branding under this Ordinance shall,
be,).
framed ,by' the Governor in Council and map be altered and amended from
time to.
time by the same authority.

4. This Ordinance hall not come into operation until lien Majesty's
confirmation.; ;
thereof shall have been proclaimed in the Colony by the Governor.

Confirmation proclaimed 19th August, 1872. Repealed by Ordinances
Nos. 8 of 1876 and 3 of 1881.]
1125

Title.
Preamble.
Branding in what cases to be resorted to.
Must be ordered by Governor.
1126
Branded convicts when liable to flogging on return to Colony.
Regulations as to mode of branding to be framed by Governor in Council.
Suspending clause.

1125

Title.
Preamble.
Branding in what cases to be resorted to.
Must be ordered by Governor.
1126
Branded convicts when liable to flogging on return to Colony.
Regulations as to mode of branding to be framed by Governor in Council.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/301

ORAL EXAMINATION OF PRISONERS ORDINANCE

Oral Examination of Prisoners.

No. 3 of 1872.

An Ordinance to provide for the Oral Examination of Prisoners.

5th April, 1872.

FREAS'it is expedient to further amend the law of evidence and to provide
for
the ors examination of prisoners: Be it enacted by the Governor of
IIongkon9,
wiffithe advice of the Legislative Council thereof, as follows:- .

1;: It shall be lawful for any Judge of the Supreme Court presiding at any

criminal sessions to be hereafter holder in this Colony and before whom
any prisoner,.
is tried for the commission of any.crime or offence whatsoever and for
any dagistrate ~_;
by and- before whom any trial or investigation is conducted of or into
any charge- .
brought against any prisoner: for the commission of any crime or offence
whatsoever. at .,
any' time during the progress of such trial or investigation to orally
examine and. _
interrogate such prisoner 'upon such matters, points or circumstances as
to the said
Judge or Magistrate may seem likely to conduce to or assist in the
elucidation of the'
truth concerning the issue ox matter then under trial or investigation.
Oral Examination of Prisoners.

No. 3 of 1872.

2, Before entering upon any such examination or interrogation it shall be the
duty, of such presiding Judge or Magistrate to inform any prisoner about
to be
examined or interrogated that he cannot be compelled to 'answer any
questions that
may be put to him.

Effect of not
answering
question& v

3. Where during the trial of any prisoner at any criminal sessions such
prisoner Answers t°be -

treated as

has given answers to the questions or any of them put to him by the
presiding Judgeit evidence, when

given at criminal

isliall be the duty of such Judge to treat the said answers as evidence
given in the course
of the trial and to lay the same before the jury together with such
commonts,and
-explanation as be may deem requisite and proper: ,

4. Where on the trial or investigation of or into any criminal charge
before a
Magistrate the prisoner has given answers to the questions or any of them
put to hiy
by the said Magistrate, it shall be the duty of such Magistrate to deal
with the said
.answers as evidence_given in the course of the said trial or
investigation.

Answers before
Xaqiatrota to
be treated 4N
evidence. -

5. This Ordinance shall not come into operation until Her Majesty's
confirmation suspending

clause.
thereof shall have been proclaimed in the Colony by the Governor.

[Confirmation deferred (C.O.D. Aro.'135, 17t1c September, 1872).

Repealed by Ordinance No. 18 of 1873.
1124

Title.
Preamble.
Presiding Judge at criminal sessions and Magistrate prisoners.

1125
Effect of not answering questions.
Answers to be treated as evidence, when given at criminal sessions.
Answers before Magistrate to be treated as evidence.
Suspending clause.

1124

Title.
Preamble.
Presiding Judge at criminal sessions and Magistrate prisoners.

1125
Effect of not answering questions.
Answers to be treated as evidence, when given at criminal sessions.
Answers before Magistrate to be treated as evidence.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/300

NUISANCES ORDINANCE

°oRDINANCE -NTQ. 2 of 1872.

1bTuisances.

No. N of 18'2.

:1n Ordinance to prevent certain Nuisances.

~5tli April, 1872.

HEREA.S the laws hitherto in force have failed to prevent effectually
certain Preamble.

nuisances in the city of Victoria: Be it enacted by the Governor of
Hongkong,

with the advice of the~Zegislative Council thereof, as follows:-
1. Every person shall be liable to a penalty not exceeding twenty-five
dollars, who wisances In
thoroughfares
within the city of Victoria shall in an street, thoroughfare, or public or
in any an~ Plaeea
y ~ y ~ p place, oc~acent the
place adjacent thereto,, commit any of the following offences, that is to
say:
(a) Every 'person who shall use or cause to be used noisy or creaking
wheelbarrows, or any other noisy, dangerous, or annoying vehicle or
machine whatever.

(b) Every person who shall wilfully set fire to any cracker or other
firework,
_ without previous permission 'to do so from the Superintendent of
Police.
(c) Every person who, contrary to any regulations to be published from
time
to time by the Governor in Council, shall rough dress or cause to be
rough dressed, granite or any other stone whatever, for the erection of
any building or any other purpose.

2. Every person shall be liable to a penalty not, exceeding ,twenty-five
dollars u~,! s ,eet~-
~who shall use or utter cries for the purpose of buying o> selling any
article avlJatever; Tas--
or who shall make any noise whatever, wJth the .object of d.>~posxn~uf
c3v att~,oting .
'attention to his goods, wares or trade, within ;a~1~ ~aistrct
ox,placeAuot permitted by --
some regulation of the Governor' in Council. _

$. It shall be lawful for any conetalile'ueltinging to the Police Force
to take into
custody without warrant, any person who shall commit any such offence
within view of
any such constable; or if such offence shall not have been committed
Within, view of
any such constable; then upon complaint of any party who shall have been
injured or
annoyed by, or been witness to the commission of any such offence;
andin.lihe absence
-of- any such constable, it sha.ll.be lawful for the party so injured.or
annoyed; or who
shall have seen the offerice-,commtted;; to .seize and detain the
offender until he can_be
given into the custody. of,sucll constablA, or until he can be taken
before a Magistrate. .

4. Every -person 'shall be liable-.to la penalty not exceeding ten
dollars who shall
-utter stouts or cries-;or. make other noises wllile.::playing the game
known as Chai-mui,
between the hours of.11 p:Jir::and 6 a:mt. within -any district or place
not permitted by
some regulation of the Governor in Council.,',

5. every person who without. special:-permission from the Governor; shall
carry on
or condaict the noisome; dangerous and offensive trade of boiling :paint.
oiLwith seed, or
any noisy; noisotne~danerous, offensive, or noxious trade or business, to
the annoyance,
detriment or danger: of`-any: other person or :of any contiguous
buildings or premises,

CPPences how to
be dealt with.

YeniiJEy'fiir
Playing Chai-mni
at night.

Boiling oil and
offensive or
dangerous
Nuisances.

No. 2 of 1872.

shall be deemed to be guilty of a nuisance and shall upon the complaint
to any Police,-
Magistrate of the person so injured or annoyed, or of the owner or
occupier of the
buildings so endangered or of any Police constable, be liable to a fine
not exceeding.
fifty dollars.

6. In any case when a fine shall be imposed by the Police Magistrate
under- the
impression that the case is one contemplated by the last preceding
section; it shall be
lawful for the person upon whom the fine has been inflicted. to appeal to
the Supreme
Court and if such Court shall be of opinion that the case is one which
could not be
m4de the subject of an action at law at the suit of the person injured or
annoyed, or=of

an injunction in equity to restrain the carrying on such trade or
business, such, fins`
shall be remitted with or without costs, as the said Court may think fit.

7. This Ordinance shall be read as though incorporated with and forming
part of

lneorporation of
4rdtnance with

NO. 14 of 1845.Ordinance No. 14 of 1845.

[Repealed by Ordinance No. 10 of 1872.]

NOTE.-For regulations under section 2 of the 18th April, 1872, see Gazette of same
date.

For regulation$ under section 1, sub-section '(c) of the 3rd May, 1872, see=,
Gazette 4th of same month,
For regulations under section 4 of the 4th June, 1872, see Gazette 8th of
samev=
month.

1123
Title.
Preamble.
Nuisances in thorough fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
Penalty for playing Chai-mui at night.
Boiling oil and offensive or dangerous trades.
1124
Appeal in certian cases.
Incorporation of Ordinance with No. 14 of 1845.

1123
Title.
Preamble.
Nuisances in thorough fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
Penalty for playing Chai-mui at night.
Boiling oil and offensive or dangerous trades.
1124
Appeal in certian cases.
Incorporation of Ordinance with No. 14 of 1845.

https://oelawhk.lib.hku.hk/items/show/299

HONGKONG & SHANGHAI BANK ORDINANCE

Hongkong & Shanghai Bank.

No. 1 of 1872.

An Ordinance to amend Ordinance No. 5 of 1866, and to give to the
Hongkong and Shanhai Banking Company certain extended Powers.

[5th April, 1872.]

WHEREAS it is expedient to amend Ordinance No. 5 of 1866, intituled,
1111?n
Ordinance enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, for the incorporation of the Hongkong and
Shanghai
Banking Company '. and to give the said company power to establish
banks, branch
banks, or agencies- for exchange, .deposit and -remittance at places
other thin those
`provided for by, section 4 of the said Ordinance: Be it enacted by the
Governor 'of


ongkong, with=-the advice of the Legislative Council thereof, as follows:-=

Power to . . 1, The company may, with the'-consent of the Commissioners
for the -time being
'establish branch

banks at.certaln 'fer..:executing the' 0-acs-of Lord'; High 1'reasurerin
England, establish any baxiks or
places.

-°Uraticli 'banks'' at Saigon 'in French - Cochin--Chiba;° of - at Manila
or at any other port or-
~fac~ nrtise Pliillippine Islands or in'anp other port, place or city to
the ea6tward==of-
India where any British Consulate or Vice-Consulate is now ormaS
hereafter be-estab-
lished -and:-also-without such consent as aforesaid may establish at any
such port, town,.
city or place as aforesaid, agencies for exchange', deposit and
remittance.

2, This dtd'tiiarloe and Ordinance No. 5 of1866, shall be read together
and con-

strued as one Ordinance.

3. This Ordinance shall not come into operation until Her Majesty's
confirmation
thereof shall have been proclaimed in the Colony by-the Governor.

[Disallowance proclaimed 14th October, 1872: repealed by Qa=dinance
IVo.-4 of X887.~1
1122

Title.
Preamble.
Power to establish branch banks at certain places.
Construction.
Suspending clause.

1122

Title.
Preamble.
Power to establish branch banks at certain places.
Construction.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/298

HONGKONG PIER AND GODOWN COMPANY ORDINANCE

Hongkong Pier and Godown Company.

No. 11 of 1871.

An Ordinance to authorize 'The Hongkong and Godown Company,
Limited,' to construct a Pier in the Harbor of Victoria, and to confer
upon the said Company certain other Power and Privileges.

[16th November, 1871.]

'WHEREAS, under the -provisions of. the ' Companies Ordinance, 1865,' a
public
company has been formed and rei;i.stered;in the.-name of ahe.'Hongh011g
Pier;
wad Godowu Company; Limited;' for the purpose of constructing, with the
consent,
of: the: Crown, a, public.- bier in -tlre harbor- of Victoria, and fox
other purposes; in
relation to -,the-loading, discharging, and storing of cargo; Aid whereas
the, said,
cqmpauy haveapylied to the, Government of the Colony to confer upon them
the-~e~e~:.4-
sary.ppwars,for carrving,oute,the-objects thereof, by means of a public
Ordinance, andyt;-
is expedient :that such. an Otdinane

,e should, be granted to the said company under
aid,. object to tbe-conditions, restrictions and provisions hereinafter
coutaiyed:' Be,
it therefore enacted -by, the Governor of Tiongkong, with the adviceAf
the Legislative-
Council thereof, as follows:-
ORDINANCE No. 11 of 1871.

Hongkong Pier and Godown Company.

1. In the interpretation of this Ordinance, the expression 'the Company'
shall

TO~

tnteTetation
~iamse: -

Power to erect a
'wharf and pier.

plans and -

specifications of
pier.'

Alterations in
wharf and pier.

Power to con.
atract tramways.

mean the 'Hongkong Pier and Godown Company, Limited.'

2. It shall be lawful for the company to construct and maintain for the
exclusive,
use and objects of the company, a wharf between high and low water mark
and a pier,
extending into the harbor of Victoria, at and from the portion of the
public Prays which
lies directly opposite to the pieces or parcels of ground registered in
the Land Office
of the Colony as marine lots nun. bered 2$, 29x,30, and 30x,
respectively.

3. The said wharf and pier shall be constructed in accordance with plans
and
apecificltions to be approved by the Governor in Council.

4. The company may, from time to time, make any alterations in and
additions

to the said wharf and pier, provided the same be in accordance with a
plan and
specification to be approved by the Governor in Council.

5. It shall be lawful for the company, from time to time, to lay down,
maintain
and renew sunken tramways from the foot of the pier and wharf across the
public
Prays connecting the pier anti wharf with the premises of the company,
situated on:
the marine lots aforesaid or adjoining the same: Provided always that all
such
tramways shall be laid in accordance with a specification to be approved
by the.
Governor in Council.

g. The company. shall canes to be affixed on the acid pier and wharf and
to be
exhibited from sunset to sunrise, such lights as the Harbor Master may
from time to
time direct. ,

7, The Company shall take such measures as may be necessary to prevent
silting
or the accumulation of mud, sand, or other matter around the pier or
wharf, and shall
conform to such regulations as the Governor in Council may deem it
expedient to
make for the, purpose of preventing obstruction to the traffic of the
Prays.

gV In event of the company making def a.ult in complying with the
provisions in

the last preceding section relating to the prevention of silting or the
accumulation of
mud, sand, or either utatter ground the pier or wharf, the Governor in
Council, if
satisfied after due enquiry made by him that the company has beep guilty
of the
alleged default, shall make an order to be served on its secretary
limiting a time for
the performance of its duty in that behalf,'atld if such duty is Pnot
performed by the
time limited. by the order, the Governor in' Council shall appoint soma
person- to
perform the same and shall by order direct that the expenses of
performing the same
together with a reasonable remuneration to the person appointed for
superintending
such performance and ayounting to a sum specified in the order together
with- the
costs of proceedings (if any) shall be paid by the company, and any
girder made for'

the payment of such expenses and costs may be removed into the Supreme
Court, .and
may be enforced in the same manner as if the same were an order of such
Court.

9. All vessels belonging to or engaged in the service of Her Majesty's
Govern--

shall have yriority of use of the pier or wharf at the ordinary current
rates,
~tvithout prejudice to the rights of other vessels actually using the
wharf, and all, other

company to
prevent silting
&e., and obatrao-
tton of Prays.

`-Diode of pro:
'' eaeding where
compady-has
hiada default in.
taking measures,
to prevent,-
silting, &c.

Priority of u5b of
wharf to certain
vessel®..
ORDINANCE No. 11 of 1871.

Hongkong Pier and Godown Company.

vessels shall have the ri'bt of using the pier or wharf at the current
rates in order of
priority of application, subject nevertheless to any bye-laws which may
be made
under the provision neat hereinafter contained, to provide for cases of
urgency.

10. It shall be lawful for the company from time to time to make such
bye-laws company to -
as may be necessary for the general management of the business of the
company: ranks bye-laws.
Provided always that no such bye-laws as aforesaid, nor any repeal or
variation
thereof, shall come into force until the same shall have been approved by
the Governor
in Council, and shall have been published in the Gazette.
11. Every person who shall commit a breach of any bye-law made in
.pursuancePenalty for
of this Ordinance, shall on summary conviction thereof before a
Magistrate be liable la wteoftiye-
to a fine not exceeding fifty dollars.

12. In all proceedings before any Court, the bye-laws of the company in
force Proofofbye-
laws.
for the time being under this Ordinance, shall be sufficiently proved by
the production
of a copy of the Gazette in which the same shall be published and
contained.

13. If the company shall fail to make or vary such bye-laws as in the
opinion
of the Goverpor in Council are requisite for the protection of the rights
of the
inhabitants of this Colony, and for the prevention of injury to
navigation, the Governor
in Council shall make an order to be served upon the secretary of the
company,
limiting a time for the making of such bye-laws by the company, and if
such, bye.

'laws are not made by the time prescribed in such order, the Governor in
Council may
make or vary such bye-laws, which bye-laws when made or varied -and
published in
the Gazette, shall have the same force and effect as if they, were
specially enaetetl:_
herein. ' .. ._.-

14. The company shall fromdime to time cause to be parii#ed na:loaAi y or
toy be -. statement of --
bye-lawa and'

printed and attached to boards in large ant's. legible characters in
English 'and Chinese rates to beset np'
in large and
a statement of the bye-laws in force and a list of the several rates for
the time being legible charact-
ere.
,payable, and shall cause such boards containing such statement and list
to be fixed in
front of the principal office of business of the company, and on some
conspicuous part
of the pier, and no rate shall be payable during such time as snob list
is not so- affiad

nor shall any rate not specified in such list be payable: Provided always
that if any
such statement or list be destroyed,. injured or obliterated, the rates
.shall continue
payable during such time as may be reasonably required for the
restoration or repara-
tion of such list in the same manner as if such statement and list had
continued affixed
and in the state required by this Ordinance.
15. If at any time before the completion of the works, the company shall
fail to
proceed therewith for a period of six months or if after the completion
thereof shall
disuse the same or, any part thereof fox six months without affording to
the Governor.
in Council some satisfactory reason for the discontinuance or disuse of
the said works,
(as the case m'ay be) it shall be lawful for tile Governor in Council to
abate and remove ,
the same and restore the site thereof to its former condition at the
costs of the com-
pany, and the amount of such 'costs, shall be a debt duo to the
Government and
recoverable against .the company accordingly.

1P company fall
to make bye-
lawe, Governor
in Council may
make them.

power to
Governor in
Council in certain'
cases to or&r
abatement and
removal oPworka.
Hongkong Pier and Godown Company.

No. 11 of 1871.

16. Nothing in this Ordinance otherwise than specially enacted herein shall
construed to interfere in any way with any existing rights in the land on
which tft`s
said wharf and pier are to be constructed or the lands or foreshore
adjoining the same.

17. This Ordinance shall continue in force-for thirty years to be
computed from
the first day of January, 1871: Provided always that the Gaveruor in
Council may
from time to time, so often as'he shall think it expedient, by an order
to be puLlisUd
in the Gazette, declare.that the duration of this Ordinance shall be
extended for'any'
further term not exceeding ten years at a time, and thereupon this
Ordinance shall

continue-in force for such extended period.

Commencement 1$, This Ordinance shall come into force on such day as shall
be hereafter fise3
-of ordinance.

by proclamation under the hand of the Governor.

[In force from 14th June, 1872, under proclamation of same date.
Repealed by Ordinance No. 4 of 1887.]


1119

Title.
Preamble.
Interpretation clause.
Power to erect a wharf and pier.
Plans and specifications of pier.
Alterations in wharf and pier.
Power to construct tramways.
Lights.
Company to prevent silting &c., and obstrution of Prays.
Mode of proceeding where company has made default in taking measures to prevent silting, &c.
Priority of use of wharf to certain vessels.
1121
Company ot make bye-laws.
Penalty for breach of bye-laws.
Proof of bye-laws.
If company fail to make bye-laws, Governor in Council may make them.
Statement of bye-laws and rates to be set up in large and legible characters.
Power to Govfernor in Council in certain cases to order abatement and removal of works.
1122
Saving of existing rights.
Duration of Ordinane.
Commencement of Ordinance.

1119

Title.
Preamble.
Interpretation clause.
Power to erect a wharf and pier.
Plans and specifications of pier.
Alterations in wharf and pier.
Power to construct tramways.
Lights.
Company to prevent silting &c., and obstrution of Prays.
Mode of proceeding where company has made default in taking measures to prevent silting, &c.
Priority of use of wharf to certain vessels.
1121
Company ot make bye-laws.
Penalty for breach of bye-laws.
Proof of bye-laws.
If company fail to make bye-laws, Governor in Council may make them.
Statement of bye-laws and rates to be set up in large and legible characters.
Power to Govfernor in Council in certain cases to order abatement and removal of works.
1122
Saving of existing rights.
Duration of Ordinane.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/297

CIVIL COURTS JURISDICTION AMENDMENT ORDINANCE

Civil Courts Jurrisdiction Amendment.

No. 10 of 1871.

An Ordinance to amend 'An Ordinance to regulate the Jurisdiction
of the Civil Courts of the Colony of Hongkong in
certain Cases.'

[1st November, 1871.]

WHEREAS by an Ordinance, intituled 'An Ordinance to regulate
the Jurisdiction of the Civil Cousts of the Colony of Hongkong
in certain Cases,' being Ordinance No. 2'of 181, it was for the reasons
Civil Courts Jurisdiction Amendment.

No. 10 of 1871.

therein set forth enacted that ' neither the Supreme nor any other, Court
should have or exercise jurisdiction in any civil proceeding as between -
persons born within the dominions of the Emperor of China, where the
cause of action bad originated out of the sail Colony unless the
defendant:
had been a resident therein for six consecutive months prior to the time
of commencing any action, suit or proceeding ;rounded on such cause of
action;' And whereas it is expedient that the Courts of this Colony
should possess the poNver to exercise that jurisdiction in cases which they
may deem not within the mischief contemplated by the said Ordinance,
notwithstanding the provisions therein contained : Be it enacted by His
Excellency the Governor of Hom,kong, by and with the advice of the
Legislative Council thereof, as follows

From and after the passing of this Ordinance, it shall be lawful for
the Courts of this Colony to have and exercise jurisdiction in all cases
notwithstanding anything contained in Ordinance No. 2 of 1851:
Provided . only it shall be made to appear to the satisfaction of the
presiding Judge of any such Court, that such jurisdiction may be had
and exercised withont the mischief contemplate. by such Ordinauce. 1118
Title.
Preamble.
1119
Jurisdiction of Supreme and other Court not to be ousted if presiding
Judge shall be of opinion that the case is not within the mischief contemplated by Ordinance No. 2 of 1851.

1118
Title.
Preamble.
1119
Jurisdiction of Supreme and other Court not to be ousted if presiding
Judge shall be of opinion that the case is not within the mischief contemplated by Ordinance No. 2 of 1851.

https://oelawhk.lib.hku.hk/items/show/296

REVENUE (TO APPLY A SUM TO THE PUBLIC SERIVCE OF THE YEAR 1872) ORDINANCE

Revenue.

No. 9 of 1871.

An Ordinance to apply a Sum hot exceeding Six hundred and Eighty-
eight thousand Dollars to the Public Service of the Year 1872.

22nd September) 1871.]

WHEREAS the expenditure required for the service of this Colony for the
year': F'1oa
187w, has been estimated at,the sum of six hundred and eighty-seven
thousand::
two hundred and ninety-rig dollars and seventy cents: Be it enacted by
the Gover`nar
,6f -Hongkong, with the advice of th.e Legislative Council thereof, as
follows:-

` 1. .A-sum not exceeding site hundred and eighty~eight thousand dollars
shall be;
;itnd the same is herebw'charged >ipom the revenue, of this Colony for
the service of the
-year 1872, and the said sum so charged shad be-expended as hereinafter
specified; that

is to say :-,

Fstimntes,1872:
No. 9 of 1871.

Revenue.

CIVIL DEPARTMENTS:-

Governor ,

Colonial Secretary, 4 : :
Colonial Treasurer, ........................................

Auditor General,
..................................................................
Clerk o£ Councils,
..................................................................
Surveyor General, . :
Postmaster General, ......................... , ......
Registrar General, ......... ............... ... , ,.
Harbor Master, . , . . . .

Collector of Stamp Revenue,
......................................................
JUDICIAL DEPARTMENTS, ...................................................
REGISTRAR OF COMPANIES' DEPARTMENT, ........................

ECCLESIASTICAL
EDUCATIONAL
MEDICAL

POLICE MAGISTRATES'
POLICE
GAOL
FIRE BRIGADE

CHARITABLE ALLOWANCES; : ........................... ... :

TRANSPORT, :. _ ...................................... :

WORDS AND BUILDINGS, :

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

MISCELLANEOUS SERVICES,, ....................................

MILITARY CONTRIBUTION, , , .................

DEPARTMENT,
do.,

do.,
do.,
do.,
do:,
do,,

[Repeated by Ordinance No. 4 of 1887.

No. 10 0£.1871.

c.

740.00

12,316.00

5,012.00

14,087.00

100.00-

21,670.00
35,210.09 `
10,878:00 `
27,547:60

4,078.00

10,624.0.0

192.00

1,134.00

15,TT 4.60 .

25,196.E10

7,378aj~`

188,561.10
44,195.QE~

'1,348.00 -.

1:,75f~.00

4,500.00

87,000.00
38,OOO:V4
30,000.00
94,000.0(D

TOTAL, . 687,296.70

[Repealed by Ordinance No. 4 of 1887.]


1117
Title.
Preamble.
Estimates, 1872.
1118

1117
Title.
Preamble.
Estimates, 1872.
1118

https://oelawhk.lib.hku.hk/items/show/295

CHINESE PASSENGERS' ORDINANCE, 1871

Chinese Emigration.

No. 8 of 1871.

An Ordinance to modify the Regulations of the Chinese Passengers'
Act, 1855,' in respect of Chinese Passenger Ships procceding upon
Short Voyages.

Whereas by section 2 of the 'Chinese Passengers' Act 1855,' it is enacted
that it shall be lawful. for thd~regislstui~-, of=Hrrilg>talig, by arty
`Ordinanee to
b8asy tlletn enacted for shat purpoeevto=.firisl;?a§ tegul~ixioils
respedtiaag Cliihe'se pa'ssertge~
ship%, and in the case; of British chips tog' ieetiiig `tlte~'Watnisut I
:of passengers tlicrdil'
wliil8 at sea; and that until such enadt>reent thel2gulations contained
in schedule A t6
the raid -.Act annexed shall be in`fdrce; Atld cvhereas it is expedient,
by an Ordiuaric~=of
this gaidvegislature; to relieve Chin-eae pasgebger fihips proceeding
upon voyages rrf=iiot
more than thirty days' duration, from the regulations- of the said
schodule, a31c~-46

r

ptQvide iir=lied thereof modified` `reg511aGtions toiwsiich ships,
'subject nevertheless to I the

p'k An th aid Act contained as to Her Xajeaty's colifirmatioA 'thor66 B4-
it

i6v G. 0 6 of:

-

enacted by the= Governor of Hongkong; with the advice -of, the
Tlegislative Council

thereof, as follows
~e8io;be or
of more than

O RDI NANCli; No., 8 of 1871.

Chinese Emigration.

1. This Ordinance may be cited for all purposes as The Chinese Passengers'
Ordinance, 1871.'

In the interpretation of this Ordinance, the terms and expressions
following,
that is to say: ' Chinese Passeng4r Ship,' 'Governor,' ' British Consul,'
°` Emigra..
tion Officer,' and ' Master,' shall be construed respectively in the
manner prescribed
by section 1 of the ' Chinese Passengers' Act, 1855.' .

$. The application of this Ordinance is hereby expressly limited to:-,

Firstly,-Chinese passenger ships, being British vessels, which shall
cleai out
pr proceed to sea upon any voyage, declared to be -a voyage of not more
. than thirty days' duration, by section 4 of this Ordinance.

Secondly,--Chinese passenger ships, being British vessels, wliibli shall
clear
out and proceed to sea from Hongkong or from any port in China or
within..olie hundred miles of the coast, thereof, upon a voyage to any,
port
to the eastward of the 90th degree #f feast longitude, declared to be a,
voyage of not more than thirty, days' duration by any proclamation=in
foree for the time being issued by the Governor of Hongkong, under
section 3 of the 'Uh'inese Passengers' Act, 1855.'

Thirdly-,:-Chinese passenger ships of whatever nationality which shall
clear-
out orAp~oceed:to sea; from any port in Hongkong upon any such voyages
- firstly and secondly mentioned,

Provided always, that notliing in this Ordinance contained .shall be
deemed, to, affect
an e Chinese passenger ship which shall clear out or proceed to sea upon
'a voyage of
not more than seven days' duration, within the meaning of the 'Chinese
Passeng''ers'-
.Act, 1855,' and of section,3 of Ordinance No. 9 of 1856, or any ship to
which the pro-
visions of the said Act do not apply. '

4. The voyages specified in schedule A to this Ordinance annexed, are
hereby
declared to be voyages of not more than thirty days' duration, subject as
regards
steamers to the eonditions.as to their rate of speed and as regards
sailing vessels to
~$he conditions as to the periods of the year during which the voyage
shall -be performed,
in the said,schedule.respecti9ely eBpressed and contained.

snnet3tat;oa or k.~ 5; =From and after the eplnmeftcelrient'of
this'=Ordinance, the regulations contained
echedNe $ in'
lieu ofachednle -:=,i~ schedule A.-of the 'Chinese Passeng-ers'-
Act,,~1855,' the 'Chinese Passengers'
d of the Imperial
act and or geal,ih;prainance,' (No. f of 1859),.« The Hongk mg Emigration
Ordinance; -1870,'
certain Urdr -

(No 9~ of-1870), and all proclamations now it foree,-issued by the
Governor of Hong ,
kong under section 3 of the ' Chinese Passengers' Act, 1855,' shall cease
to be in
force; in,respect of .Chinese, passenger ships. to which thin Ordinance
applies, aid as
respects such ships, the regulations contained in schedule B to this
Ordinance annexed,
shall be in force in lieu thereof.

Nothing herein contained shall be deemed to relieve Chinese passenger
s3aips,

one afiIM et391 -'

~_ of 3o~r~i~Mee bo which this Ordinance applies from the provisions of
the 'Chinese Passengers' Act;
1855,'except so far as the said provisions are hereby expressly modified
and varied

under the power in that behalf in the said Act contained.
ORDINANCE No. R or 1871:

Chinese Emigration:

7. This Ordinance shall not oolne~into operation until Her Majesty's
confirmation smpana
clause.

thereof shall have been proclaimed in the Colony lay the Governor. '

SCHEDULE A.

Voyages referred to an section 4.

FOR STEAMERS

whose steam power shall be sufficient without the aid of sails to propel
them at the rate of five
statute miles in the hour:

Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any
port in Formosa to

Calcutta.
Pegu. . .
Sumatra.
Java:
The Straits Settlements.
l.abuan.

Sarawak.
Manila.
Bangkok.
Saigon.
Hue.
Japan.

FOR SAILING VESSELS.

Voyages from Hongkong, Swatow; Amoy, F ooehow, Ningpo, Shanghai, and any
port in Formosa to

From October to March, both inclusive.

Sumatra. . ~
Java.
The Straits Settlements.
Lab uan.
Manila.
Bangkok.
Saigon.
Hue.

SCHEDULE B
.

Be gulatirms referred t1d ftaaation 5 re`speeEi?tg -Ch%o-nese ptcasenr~ea
ships to iv7ciela this
Ordinafi',RC:upp7ries

1. No skip shall clear out or proceed to sea unless the master thereof
shall have received from an ,
emigration officer a copy of. this Ordinance,- for which a fee of $l
shall be payable, and a certificate -in
the form.contained in schedule C annexed thereto, nor until the master
shall have entered into the bond -
prescribed by section 4- of the 1° Chinese Paseengera'.Act; 1855.'

t2,: No emigration officer'shall be'bound;to give.sueli: certificate till
seven days after receiving an
application in wnting.for-the same from the-owners or charterers of the
ship, or, if absent; from their .
respective agents, specifying the name of the ship, her
tonnage,-t<he.port of destination, the~proposed day

of departure, the number of passengers intended to bg carried, and
whether sucli'-passengers or any of
them are under contracts of service. -e.

'A -:1 to ,5'antamhar_ hnth

Iinehip'Ed dEpnrG
,- ~*I'kht~b~,ante.--
- ~dtnalftcC~O. IA
of 1872.1

6pplicattou foe

f teed to bN
y...
lh~dtnance n. l
Accommodation of
passengers. ,

ventilation, space
and height between

.iyb.

~~,-eF ,rec®ipdnq such, application, the emigration officer and any
person authorized by Win-, io
that behalf shall be at liberty at a)1 tinges to enter and inspect
the.ship, and the fittings; provisions, a~c~-
stores therein, and any person impeding such entry or inspection, or
refusing to allow of the same, shall -
be liable to a fine not exceeding $100 for each offence.

4. The following conditions as to the accommodation of passengers shall
be observed to the sans.- ,
faction of the emigration officer:-

1. The apace appropriated. to. the pssaepgers. between decks shall be
properly ventilated, and
shall contain at the least 9 superficial and 64 cubical feet of space for
every adult on board
that is to say, for every passenger above twelve years of age, and for
every two paseengers-

-$aie and female

;apwoqon Upper
aookr .

Sick Bay, ke.

Peak plungers,

between the ages of one and twelve years: The height between decks shall
beat least six_

,feet; .

2. The accommodation for female passengers between decks shall'be
separate from that pxo--,
vided for male passengers.

$; A: space, of. four supe>'fieial feet per a4ult shall be left clear on
the upper deck for the, use of -'
the passengers. ,

4. A reasonable apace shall be set apart properly divided and fitted up
as a,sielt .bay, and. suffi--
eient latrines both as to condition and number shall be provided in
au,itabJ.e parts of the -.
ship.

G. The emigration officer may, in his discretion, permit deck passengers
to be carried, upon Such
conditions as may from time to tin3e be prescribed under instructions
from one of. Her Majesty's

Principal Secretaries of State, and until, and subject tq,such
instructions, upon the conditions following ~-:==

1. A suitable awning with, screens, sjiall be provided, on deck,
sufficient for the, protectiqn of,
the passengers from the sun and from rain.

2. The shape appxoprlFyted.to slzcb deck passengers shall-contain at the.
least sigteen..al~gerfiai,al`-
feet for every adult, that, into say, for every passenger above twelve
years of.age,'and
every two passengers between the ages of one and twelve.

fi

3. In case deck passengers shall be carried in addition to other
passengers for whom
accomodation between decks shall be provided, the space to be
appropriated for deck
passengers shall be .ieckoned exclusively of the apace of four
superficial feet per adult
required to be left clear on the upper deck for the use of such other
passengers.

8. The following conditions as to provisions. shell be observed to the.
satisfaction of the emigration .

Reserved space.

7. Provisions, fuel and water shall be placed on board of good quality,
properly packed and
sufficient for the use and consumption of the passengers, over and above
the victualling of
the crew during the intended voyage, according to the following scale
For every passenger per diem:-

not less than

Mice or bread stuffs , .,. . . , , , , . lb$., lj,
Dried a'd salt fiah, . .- 0j
Chinese condiments and curry stuff,,,:, OZ. 1 -

FresUr vegetsiblea?;.velzich:will:keep-for:sliort.voyages;
sued as . sweet potatoes, tuTtzip9,., carroxsr.aud-~ ibs.1T.
.'
pumpkins, , . , . ,

Fire wood, , .,. . ~ . . . . ,

~1, 2i

Water, (tq,be.ca;>?rietl in tankspr,sweetqasks), .. ... gallon- 1,

2~ The last preceding condition .aa.'to~provisiona shall be deemed to
have,been
in any. case where.:by:the
any other aiticless of
food shall have been substituted,.for#.haartielea:enumerated.in
the-foregoing.scale,r.sbeing-
equivalent thereto.
0RRINANCK .V6,. .& 0 1871:

Qhinew Rinxgrutiolt..

. 3:. The, passengers may supply. their own provisions for the voyanre
and proper accommodation

fair, the stowage, and sufficient-cabooses for the cooking of such
provisions must be allowed:

' - 4. When ae ship shall be destined to call at any poft mentioned in the
emigration officer's

clearing ccr'cifcite fjr fresh water or provisions, a supply of. fresh
water and provisions
according to the scale herainbefore contained for every day of the
average voyage to such
port shall, unless the emigration officer shall otherwise direct, be
deemed to be in
compliance with this Ordinance.

1. The emigration officer shall not give his certificate unless he shall
be satisfied:-
d
1: That=the ship is searwortby, and properly manned, equi pped, fitted,
and ventilated ; and has
not on board any oargo likely, from its quality, quantity, or .mode of
stowage, to prejudice
the.health or, safety of- the passengers. - ,

2. That suitable medicines and medical stores, provisions, fuel and water
have been placed o i
board,,of good quality, properly packed and sufficient in quantity to
supply the passenger i
on board during the intended voyage.

3, That all the'requirements of this Ordinance have been complied with.

S: The emigration officer-may in. his,discretion
(dubjectin=Ilotigkorigtoan appeal to the (iovernorj,~;e;;eexsand fog':
withhold his certificate in all cases where the intended passengers or
any of them are under contracts of eoutrneta, if any.
-service; and he shall in no case give his certificate until he shall
have mustered the passengers, and
haxe.ascertained to the best of his power that they understand whither
th:y are going, and in cars they
shall have-made, any contracts of service that they comprehend the nature
thereof-; he shall also take
care that &,copy of the form of any such contracts, or an abstract of
their substance, signed by himself, ,

isappeuded to the-said certificate: If any of the passengers are in bad
health, or insufficiently provided,,
with clothing,. or if, any, such contractq, are unfair, or if there is
reason to suspect that fraud or - piolc4-
have, been pxaotised in their collection or embaxcation, he may detain
the ship, and if he shall, thjzfk fit; ;

animnea at,

of ca1L

Conlonta of

may, order, all',pr-any of the passengers to be re-landed:

9. The emigration officer may, if he shall think fit, before'.gl!~t4ng
his:ecWfi~laeiroy; any'diily ~ratio
~ ~°
qualified medical practitioner, master mariner, marine surveyor,
or.othepexson whose pro'asional ; ma611 moo,
assistance and advice he may require for the purpose of ascertaining
whether the xdixuirementa of this, and °`~'''a' ,
Ordinance have been duly complied with, and the, costs, and charges of
obtaining-such assistance and
advice, shall be defrayed by the owners. or charterers of the slap,
whether the emigration officer shall
grant his certificate or not.

10. The emigration officer shall from time to ti ine-fii'ti reasoiiable
scale of fees and charges to be
approved by one of Her Majesty's Principal Secretaries-of State, for the
remuneration of any professional
pexsoue who may: be.employed by him under the last preceding
regula'tion,,alrd. pending,. the appTbval

,or: disapproval of such scale, the fees and charges therein specified
shall be payable, as if the same had
lbeen sp ploved,in,mN,nner.aforesaid.

11: The owners or charterers of-every ship sl~ali pay such fees for the
remirnenatioir of the emigra- - Y- ^f emtgnten
Coe'. -
Lion of&cet, as may from time to -time be ordered under instructions from
one of Her Majesty's Principal - .
Secretaries of State, and utrtil,and subject to such instructions, the
following fees shall be payable fit-
addition - =' -

.to all.fees.chargeable under regulation 10 .
Upon.the application forea certificate;.
Upon the granting of thevcertificate, .,

See order in Council 9th April, 1,878, (Gazette 12t1a April,.

- 12a::In case dc£ault shall, be made 1y the owners or charterers of the
ship- in, the- payment of any
feos.,nud. changes: t9;cshieh.they,mfty, be liable under this Ordinance,
the ship. mfiy: be detained by th;
British Coniul; or if in Hongkong by the governor; until such fees and
Charges shall have been paid. -

Power to daEnin
ship for non-
payment of feoe.
ORDINANCE NO'. 8 of 18fi1:

Chinese Emigration.

13. The emigration officer may withhold his certificate or revoke the
same at any time before the
departure of the ship, if it shall appear to his satisfaction that any
particulars contained in the
application in writing which shall-have*becn made for' the same ilr any
other particulars which may
have been furnished to him by or on behalf of the owners, charterers. or
master of the ship in relation
thereto, are untrue, and that the conditions of this Ordinance have not
been complied with; and in
every such case it shall be lawful for the British Consul, or if in
Hongkong for the Governor, to seize
and detain the ship until the certificate if already granted, shall have
been delivered up to be cancelled.

14,-..The master of every British ship shall, during the, whole of the
intended voyage; make issues
of provisions, fuel and water, according to the aforesaid dietary scale,
to all the passengers except; such
as shall have supplied themselves therewith, and shall not make any
alteration except for the manifest
advantage of the passengers, in respect of the space allotted to them as,
aforesaid, or in respect of the
means of ventilation.. and shall not ill-use the passengers, or require
them (except in case of necessity
to help in working the vessel; and shall issue medicines and medical
comforts, as shall be requisite, to
the best of his judgment, and shall call at such ports as may be
mentioned in the emigration officer's .
clearing certificate for fresh water and other necessaries ; and shall
carry the passengers without

unnecessary delay to the destination to which they have contracted to
proceed.

. . Iii. The.master of every British- ship shall within 24 hours after
his arrival at the port of destina.
tion and .at any . port of call, produce his emigration papers to the.
British Consul (if any) at such port
or in case such port shall be in Her Majesty's dominions to any officer
appointed or authorized by the
Vocal Government in that behalf.. -It shall be lawful for such Consul or
other officer to enter and inspect
such ship, and in case the master shall obstruct or refuse to assist him
in the discharge of such duty, or
shill; wxthdtit: reasonable cause fail to produce his emigration papers
as aforesaid, he shall be liable to a
fine of $590, and. the ship may lie detained lsy the British Consul, or
if in Her Majesty's dominions, by
7'-

+e t 11elialf have been paid, and the emigration papers shall have been.

oy rulnell until such ne

;Dd~i®h cousui `18, In all ports and places where no emigration officer
shall have been appointed, the British
:-,:dpeuab8emtgrntion
e:.--.o~oor Where no - - ~onsul shall, until such appointment, and at all
times pending the vacancy of such office, be deemed to
viuh o8icedfa-

xn,~4 at~a, , - be the emigration officer for the purposes of these
regulations.

SCHEDULE C.

E»vEgration Offcar'e Cart'~/'ccatc.

~,-;[A. B] 8zc:;emigration officer at the port of
1 1;pat.$he Chinese passenger ship

do hereby certify as follows

A. B., master, of the part of-=

is vc!ithin'the provisions of an Ordinance of the Legislature of

:y.:Hozlgkong, entitled .'The Chinese Passengers' Ordinance, 1871,'. (a
copy whereof is

~.,,,-anneked hereto); and that the said ship is authorized to proceed
.to sea from the port of .

for the port of

2. That the said ship is authorized to carry

adults. and that there are oil-

board-`- , .passengers,- [if any are deck paasengms add: of whom are deck
passengers], -m'aking in , all - adults, namely: men women

male children , , female children, such childreh being between.the ages of
one and twelve years.

3. That the space set apart~an<1 to be kept clear for the use of such
passengers is as follows:-
On the upper deck - superficial feet being [describe space] and in the
between

decks superficial feet being [describe space.]
Chinese Emigration.

No. 8 of 1871.

4. That the ship is sea-worthy, and properly manned, equipped, fitted,
and ventilated; and has,
not on board any cargo likely, from its quality, quantity, or mode of
stowage, to prejudice
the health or safety of the passengers. The means of ventilating the
passengers' accom-
modation between decks are as follows: [describe means.]

5. That suitable medicines and medical stores, provisions, fuel and water
have been placed on
board, of good quality; properly packed and sufficient in quantity to
supply the passengers
on board during the intended voyage,

6. That all the conditions and requirements of the said Ordinance of the
Legislature of Hon ;-
kong have been duly complied with.

That the aforesaid passengers (or in case of a part only, state- the
number,] are emigrants
under contracts of service and that I have inspected the contracts
between them and their
intended employers (the terms of which are annexed to this certificate)
and consider them
reasonable;, and that no fraud appears to have been practised in
collecting such emigrants.

8. That the master of the ship is to put into

Dated the day of[
la ..

for water and fresh vegetables.,

A. B.,

Eonigration D,etem at the pmt of

N.,.TI.-Where none of' the. passengers are emigrants under contracts of
service, the following paragraph
shall be substituted for paragraph 7.

'7. That the whole of the said passengers arc free passengers under no
contract. of

' service whatever.'

Confcrrieation proclaimed 29th January, 1872. Repealed by 01 rdinanee .

l4'0., 5 of 1874. See also Ordinance. No .3 of 1874 3

,.

NOTE.--For scale of fees and charges fog tke remune9'ataon ~fp~ssao4al
~e~sott~.~

employed under the Ordinance, see'-Gazette 25th June, 1872.

1111

Title.
Preamble.

1112
Short title.
Interpretation clause.
Application of Ordinance.
Voyages declared to be of not more than thirty days' duration.
Substitution of schedule B in lieu of schedule A of the Imperial Act and of certain Ordinances.
General provisions of Imperial Act to continue in force.
1113
Suspending clause.
No ship to depart without certificate.
[Added to by Ordinance No. 13 of 1872.]
Application for same.
[Added to be Ordinance No. 13 of 1872.]
1114
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between decks.
Male and female passengers.
Space on upper deck.
Sick Bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisons.
Scale.
Articles of food mentioned in scale may be varied.
1115
Passengers' own supplies.
Supplies at port of call.
Contents of certificate.
Examination of passengers and of contracts, if any.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
1116
In case of false particulars, ship may be detained, and certificate cancelled.
Treatment of passengers at sea.
Production of emigtation papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1117

1111

Title.
Preamble.

1112
Short title.
Interpretation clause.
Application of Ordinance.
Voyages declared to be of not more than thirty days' duration.
Substitution of schedule B in lieu of schedule A of the Imperial Act and of certain Ordinances.
General provisions of Imperial Act to continue in force.
1113
Suspending clause.
No ship to depart without certificate.
[Added to by Ordinance No. 13 of 1872.]
Application for same.
[Added to be Ordinance No. 13 of 1872.]
1114
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between decks.
Male and female passengers.
Space on upper deck.
Sick Bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisons.
Scale.
Articles of food mentioned in scale may be varied.
1115
Passengers' own supplies.
Supplies at port of call.
Contents of certificate.
Examination of passengers and of contracts, if any.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
1116
In case of false particulars, ship may be detained, and certificate cancelled.
Treatment of passengers at sea.
Production of emigtation papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1117

https://oelawhk.lib.hku.hk/items/show/294

AUXILIARY POLICE FORCE ORDINANCE

Auxiliary Police Force.

No. 7 of 1871.

An Ordinance enpower the Governor from time to time to enrol
Constables to the Police Force for Periods of less than Five Years,
upon special Terms and Conditions.

[11th September, 1871.]

linadace No. 9 of 1862, power is given to, the Governor- tq enrol
.police Force established thereunder for the period - o£ five
~~ oriditions in the said Ordinance specified and contained;

`' `to. ~! I npower the Governor from time to time to raise an
,.rollimg constables for periods of less than five years and

64' terms. and c~indti:ons as -hereinafter mentioned: Be it enacted by
the-Governor

of langl~ong; with ~he advice of -the Legislative Council thereof, as
.folloyve :- ,

~IL This' Ordinarice~may be cited as 'The Auxiliary Police Force
Ordinance.'

2,- I-t. shall be lawful for the ,Governoi from time to time to enrol in
the Police
Force of , the Colony;., any number , of constables for such periods of
less than f ve,
years and u-pan such special terms and conditions as he shall from time
to tFm;e Icei

expedient.

$, Every constable enrolled in the Police Force under this Ordinance
shall lizxtlr
himself to serve for such period and upon such terms as shall be agreed
upon, and.-ho
shall not be at libeiwy to resign or withdraw himself from the force
before the expiration!
of the period of his engagement, except with the permission o£ the
Governor.
Auxiliary Police Force

No. 7 of 1871.

4: Sections 9, 11, and 23 of Ordinance No, 9 of 1848, and the procisions of
Ordinance No. 8 of 1869 as to the great of a bonus or free passage and
-of ponskft~' r~dw: `.
shall not apply to constables enrolled under this Ordinance,

5. The forma contained in schedule B of OrdiAnce No. 9 of 1$G2 may lie v
tbrit~ Forma of echo-

£or the put-poses of this Ordinance, so as to meet the circumstances of
-each partiduiar
case.

6. All the provisions. of Ordinance No. 9 of 1$62' not hefeinb9for~-
spe&dlp

excepted, shall so far, as the same may net be inconsistent with tote
66'spetial terms -and
conditions agreed upon, or with the provisions hel'ein contained, bb
deemed to apply
to constables enrolled'undor this Ordinance.

'J. In case any constable enrolled in the auxiliary Police force
established under
this Ordinance, shall be subsequently by carolled in the Police Force
established under
Ordinance No. 9 0£ ~ 1862, the whole of his time of service in the
auxiliary Police
Force, shall be reckoned in the coinputation of his service for the
purposes of the
bonus and pensions to which he may become entitled under Ordinance No. 8
of 1869.

$. This Ordinance and Ordinance No. 9 of 1862, (subject to the exceptions
here-
inbefore contained as to the application thereof to constables enrolled
under this
Ordinance,) shall be read together and construed as cue Ordinance.

[Repealecbby Ordinance No. U of 1887._

1110

Title.
Preamble.
Short title.
Power to enrol constables for limited periods.
Enrolment under this Ordinance.
1111
Such constables not entitled to persion, &c.
Forms of schdule B may be varied.
Ordinance No. 9 of 1862 how far applicable.
Service in auxiliary force to count in case of enrolment under Ordinance 9 of 1862.
No. 9 of 1862 and this Ordinance to be read together.

1110

Title.
Preamble.
Short title.
Power to enrol constables for limited periods.
Enrolment under this Ordinance.
1111
Such constables not entitled to persion, &c.
Forms of schdule B may be varied.
Ordinance No. 9 of 1862 how far applicable.
Service in auxiliary force to count in case of enrolment under Ordinance 9 of 1862.
No. 9 of 1862 and this Ordinance to be read together.

https://oelawhk.lib.hku.hk/items/show/293

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1870) ORDINANCE

Revenue.

No. 6 of 1871.

An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeeding Eight thousand Dollars to defray the Charges of the
Year 1870.

[11th September, 1871.]

Whereas it has become necessary to make further provision for the public service
of the Colony for the year 1870, in addition to the charge upon the revenue for
Legislatice Council : Be it enacted by the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :--
Revenue.

No. 6 of 1871.

1. A sum not exceeding eight thousand dollars shall be and the same is hereby the same is hereby
charged upon the revenue of this Colony for the service of the year 1870, the said sum
so charged being expended as hereinafter specified ; that is to say : --

Auditor Gener_al's Department, :.

Harbor Master'- Do.,,

x69:39
2,239.45 ;
,392:5
890.3.q-~

<yA1VD BItZDGES, ....... . .......... ................ , ; 81.4.5

r. ;.,: ... : 558.61

TOTAL, 97,46O.T3

[llepealed by Ordinance, No. 4 of 1887,.
1109

Title.
Preamble.
1110
Supplementary Estmates, 1870.

1109

Title.
Preamble.
1110
Supplementary Estmates, 1870.

https://oelawhk.lib.hku.hk/items/show/292

BREACH OF CONDITIONAL PARDON ORDINANCE

Breach of Comditional Pardon.

No. 5 of 1871.

An Ordinance to provide for the Trial and Punishment of Offenders to
whom a Pardon has been granted under Ordinance No. 1 of 1860,
and who may be found at large within the Colony, in Violation of
the Condition of such Pardon.

[1st September, 1871.]

Whereas it is expedient to provide for the trial and punishment of offenders to
whom a pardon has been granted under Ordinance No. 1 of 1860 and who
may be found at large within the Colony, in violation of the condition of such pardon :
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows : --

1. The following enactments are hereby repealed, that is to say : Section 2 of
Oridnance No. 1 of 1860, and Ordinance No. 16 of 1870.
2. If any offender to whom a pardon shall have been granted, either before or
after the passing of this Ordinance under the provisions of Ordinance No. 1 of 1860 on
condition of his quitting the Colony, be afterwards found at large therein without
lawful authority or excuse the proof whereof shall lie upon him, he shall be guilty of a
felony or of a misdemeanour 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 in the 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 Ordinance : 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 instead of committing the prisoner for trail at the Supreme Court.
3. This Ordinances and Ordinance No. 1 of 1860 shall be read together and
construed as one Ordinance.

[Repealed by Ordinance No. 8 of 1882.]
1109
Title.
Preamble.
Repealing clause.
Breach of conditional pardon.
Construction.

1109
Title.
Preamble.
Repealing clause.
Breach of conditional pardon.
Construction.

https://oelawhk.lib.hku.hk/items/show/291

BANISHMENT OF DANGEROUS CHARACTERS ORDINANCE

r,F
NO 4 o,, 1871.

F
u;srriAnaeiat pf Dan:;te-.^ott.s

4 of' 1871.

MI. (3rclio,.Incc; to .z:n,3>xeI ibie .L.rz,ws; r(-l,trnrg to th,~
Ba,nisl7rnent of Persons.
danme5°~t.a;~ tc~- tisi: ~ c'af~f> mtI t,oc~d Cird(-.x' of ffie Colon-.
z.:

[? st September, 187.1.

',~3.E;t~I!~.~ i.c is f_~het~zout'la amend the laws rra,itzng to the
banishment of

w
~' ~J~... ~ - `~ r'- Pez~a~s da't%7c=''vtta

+o f,6;pqim' and ~~?d orJez-` of ,oho Colony: , Be it enacted
~ C~.ovirrmor-ot -the advice , of the Legislative
Council thereof, its

r, iii tlzaisonstt`rcSicin s' Order of
Banishment
`>tzieari art order ~~f i;lie G'iV*~`4n Cb=itzoil tzntler. »e~t.:on 7 of
Ordinance No. 9 0f
~~dl~ihltin~, :Y perils oza ~~am i~iz~# or lutin.; witlaiu the Colony.

;~ ~~;~'~vt ~ . ~ 2 : 846031 7 ok C~rdr>xtzrzco ~`0: 9(*or
1817 is hereby amended by expunging there-.

~.:~ NSo~Tx~' n~aSa
`~x`ogt .tpao words £catvkvita~.~; that is Io say: `~ and if such order
not be obeyed by the
T~ ~a~d:~erz3uu.~ti, rraw~, x:y :3ome ojixnr 4.r,der also tinder
tlo.lzand of His said Excellency,
~A=* , n , ;a ,'~ ~ ~e.:.~ic~i: ;i.m s rt'ent ~,Uflntii i~pziznetztof
such person without bail or main=

beyond the limits of
1108
Title.
Preamble.
Interpretation clause.
Section 7 of Ordinance No. 9 of 1857 amended.
Penalty for disobedience to or violation order of banishment.
Prisoner may be banished a gain.

1108
Title.
Preamble.
Interpretation clause.
Section 7 of Ordinance No. 9 of 1857 amended.
Penalty for disobedience to or violation order of banishment.
Prisoner may be banished a gain.

https://oelawhk.lib.hku.hk/items/show/290

BARRISTERS, ATTORNIES, AND PUBLIC NOTARIES ORDINANCE

ORDINANCE No. 3 of 1811.

Barristers, Attoonies, and Public IMotaries.

NQ. 3 of 1871.

Title. An Ordinance to consolidate and amend the Laws of the Colony

relating to the Admission and Enrolment by the Supreme
Court of Barristers, Attornies, Solicitors, and Proctors, and
to the Examination of Articled Clerks, and to provide for
the Registration of Public 11 otaries.

[29th May, 1871.1

WHEREAS it is expedient to consolidate and amend the laws of the
Colony relating to the admission and enrolment by,the Supreme
Court of barristers, attornies, solicitors, and proctors, and to the
exami-
wation of articled clerks, and to provide for the registration of public
notaries: Be it enacted by the Governor of Honalcons, with the advice
of the Legislative Council thereof, as follows
:--

1. =In- tie interpxetation, of this .Ordinance, the expression ' Supreme

.Cow t' shall mean. the Supreme Court of Hongkong; the term 'Registrar'
shall mean the Aebistrtir of the Supreme Court; the term 'Attorney'.'

shall include ,'Solicitor;' and the term 'Articles' shall include any
contract in writinn whereby any person shall be bound to serve as a clergy
to an attorney. .

2, Section 10 of Ordinance NO. G of 1845, and Ordinance No. 13 of
1856, except sections 11 and 12, arc; hereby repealed, subject,
nevertheless
to the provisions of the section next hereinafter followinn:

3. The repeal of section 10 of Ordinance No. 6 of 1845, and of so
v'mueh of Ordinance No. 13 of- 185E as in the last preceding section
irientioned, shall not affect the rights of any persons who pit the time
of
tl~e`passing of this Ordinance hid served or were in course of serving any
of the offices specified in section 1 of Ordinance No. 13 of 1856, or
under amy articles, entered into before the passing of this Ordinance, but
as regards such persons the whole of the said last mentioned Ordinance,
and section 10 of. Ordinance No. 6 of 1846, shall for the purpose of their
admission as attornies and proctors of the Supreme Court, be deemed
to -remain in force as if this Ordinance had not been passed, except that
the exaW ination of such persons for their admission as aforesaid, shall
be
conducted by the examiners appointed under this Ordinance.
ORDINANCE No. 3 of 1871. 1101

Barristers, Attornies, and Public Notaries.

4. From and after the passing of this Ordinance, no person, save
as aforesaid, shall practise within the Colony as a barrister, attorney, or
proctor, unless he shall have been approvfed, admitted and enrolled by
the Supreme Court; or as a public notary, unless he shall have been
registered, under the provisions of this Ordinance; Provided always that
it shall not be necessary for any person already admitted and enrolled by
the Supreme Court to practise as a barrister, attorney, or proctor, to be
re-admitted or re-enrolled under this Ordinances, and every person now
practising as a public notary within the Colony shall be allowed one
calendar month from the date of the passing of this Ordinance, or if
absent, from the date of his return to the Conly, within which to become
registered, and shall during such period be exempt from the operation of
this section and of section 29.
5. The Supreme Court shall have power to approve, admit and enrol
such persons as shall have been admitted barristers or advocates in Great
Britain or Ireland, to practise as barristers, and such persons as shall
have been admitted as attornies, or writers in one of the Courts at
Westminster, Dublin, or Edinburgh, or as proctors in any Ecclesiastical
Court in England, to practise as attornies and proctors, in the Supreme
Court.
6. The Supreme Court shall have power to admit, and enrol as an
attorney and proctor of the Supreme Court, any jperson, being a British
subject, who shall have actually exclusively, an bona fide served for the
period of five years as a clerk under articles to any attorney actually
practising within the Colony, or part of such period of five years under
articles to such attorney and the other part under articles to any attorney
actually practising in Great Britain or Iraland, and who shall have been
examined and sworn in the manner hereinafter directed and otherwise
shall have fulfiled all the conditions of this Ordinacne in relation to such
admission.
7. Any person being a British subject, who either before or after the
passing of this Ordinance, shall for the term of five years have been a bona
fide clerk to an attorney practising within the Colony and during that term
shall have been bona fide engaged in the transaction and performance,
under the direction and superintendence of such attorney, of such
matters of business as are usually transacted and performed by attornies,
solicitors, and proctors, and who shall produce to the Chief Justice

1102 ORDINANCE No. 3 of 1871

Barristers, Attornies, and Public Notaries.

satisfactory evidence that he has faithfully, honestly and diligently served
as such clerk, shall be exempted from any preliminary examination
[before becoming bound under articles to any attorney practising within the Colony,
and it shall be lawful for the Supreme Court to admit and enrol any such person as an
attorney and proctor of the Supreme Court after a bona fide service of three years
under such articles: Provided always that such person be otherwise entitled to be
admitted and enrolled according to the provisions of this Ordinance, and for such
purpose; all the provisions of this Ordinance in relation to the admission and enrolment
of artrcled clerks as attornies and proctors under section 6 shall be read as if the
words 'three years' were inserted therein in the place of the words 'five years'
whenever, they occur in relation to the period of service under articles. Repealed by
Ordinance No. 18 of 1884, subject to the proviso therein.]

8. In case any attorney to whom any clerk is articled, shall before
the expiration of the term become bankrupt, or execute a trust deed for
the benefit of his creditors under section 163 or within section 165 of
'The Bankruptcy Ordinance, 1864,' or be imprisoned for debt, and
remain in prison for the space of twenty-one days, it shall be lawful for
the Supreme Court upon the application of such clerk to order and
direct the articles to be discharged or assigned to such person, upon such
terms and in such manner, as the said Court shall think fit.
9. It shall be lawful for all persons admitted and enrolled by the'
Supreme Court to practise as barristers or as attornies to practise as
such respectively in all the Court of the Colony.
10. Every person who shall desire to be admitted under section 5
to practise in the Supreme Court in any of the capacities therein mentioned
shall deposit with the Registrar his certificate of call to the bar or
of his admission as an attorney, writer, or proetor, and shall file in the
said Court an affodavit of identity in such form as may be approved by
the Chief Justice: Provided always that the Chief Justice may on special
grounds and upon such conditions as he may think proper, exempt any
such person from complying with the formalities prescribed by this
section, either absolutely or for any specified period.
11. The Registrar shall keep a special book for the registration of
public notaries, and every public notary, who shall produce his notarial
faculty, and shall file in the Supreme Court an affidavit of identity in
such form as may be approved by the Chief Justice, shall on payment of
the fee specified in section 28, be entitled to be registered therein.
ORDINANCE --,No.- 3 0p'1871.

Barristers, Attornies, sand Public Notaries:

12, The articles -hereby any person shall become boo ld to serve
as a clerk to any attorney Practising within the ' Colony ~ and every
assignment thereof, shall be produced to the Registrar within` one month
after the same shall have been executed 'and the person go bound as afore-
said shall within the said period make and duly swear or cause to be made
and-duly sworn an affidavit of.such attorney haring been, duly admitted,
and also of the actual execution of the articles or assignment by .the,
~arties thereto; and-in every such affidavit shall be specified the names
-of.such attorney and of the person so bound and the day on which such
articles or assignment were actually execrated and such person shall also,

within the said period, file the said affidavit in the Supreme Court.

13. Within the said period of one month and upon the ling of the
affidavit required by the last preceding section and the pa 4~aent of the
fees specified in section 28 the. Registrar shall enrol and ; egister the
articles or assignment and shall make and sign a memoran4nrn thereon y
and on the affidavit, of the day on which the sarne, was filed and the
Registrar shall likewise cuter the names o£ the parties to end the .dates
of such articles or assignment and ..the terns. o£'servree rs . ~ k:uotz
'to be
kept for that purpose and shall mark such articles or,. asignmeil

having been so entered with the date thereof.a;ud the-,said b ak shall~be
open to public inspection during once lours wi<hout £e~.:~.';e~qrari.

F010 I
to be otxt~cve4

;

upon the
e~ec~utfan W=
artig~F or pf-`
an~'a~i~-u-
meat ~:~xer~`~.;
4 to.-
o. 7.3i

14. The formalities prescri?,twd b~ the two last preceding sections

maybe observed and perforrW.i ~~~:r'~lze ~~tration of tho.period bf\one
month therein specified by leave ,6fthe tCK`c£ Justice; but the service
of - a tE
the clerk so bound as 'aforesaid shall bj rcekoned to e_on~e~ence arid be
'P'
hj
y` ~~r~
~~ Cifie~, da
computed from the date when. such, leave ~'~.t~n ha,~, r;;=granted or in
, leave,
~~:;,~ ~ ~`~ ~, :.
thd`case of an assignment his'service shall be src ~_~t~,~ .f'~or~-'lhe
eapira=

tabs of the said period of one, month he.reinbefore spy..<~-tza1_til. tae
date
when such leave shall be granted, unless -the' Chief JusttstZ611 U her
wise
order.

15. No person bound.by articles of clerkship to any attorn
shall, during the term of service mentioned in such article
Bold any office or engage in any employment whatsoever other than the
employment of clerk., to -such -attorney and his partner partners (i£

f

any) in the business, practice, or employment of an attorn~arid proctor:
1104 ORDINANCE No. 3 of 1871.
Barristers, Attornies, and Publice Notaries.

16. The Attorney General together with any two or more fit persons
to be appointed from time to time as occasion shall require by the Chief
Justice in writing and under the seal of the Supreme Court, shall be
examiners for the purposes of this Ordinance, and they shall be entited
to receive by way of remuneration for their services, such sum or sums
out of the public revenue of the Colony as the Governor in Council may
from time to time direct.
17. The Chief Justice may form time to time if he shall think fit, make
regulations to be approved by the LegislativeCouncil for the preliminary
examination of persons hereafter intending to become bound under articles
of clerkship as aforesaid, in order to ascertain the fitness of such persons
to becomes so bound having regard to their general learning and education
and to their character and conduct, and the articles whereby any person
shall have been bound ot serve any attorney practising in this Colony
without having passed such preliminary examination to the satifaction of
the examiners or without having obtained an order from the Chief Justice
dispensing with such preliminary examination, shall be null and void.
18. The Chief Justice may from time to time if he shall think fit,
make regulations to be approved by the Legislative Council for the final
examination of persons who shall have been bound by articles of clerkship
for a period of fove years as aforesaid, in order to ascertain the
fitness of such perosns for admission to practise as attornies and proctors
in the Supreme Court, having due regard to their general learning
and educator, their character and conduct, their professional knowledge,
the length and assiduity of their service and their other credentials.
19.Until regulations for such preliminary and final examinations
shall be made as aforesaid and so far as the same may eb incomplete and
may omit to provide for any particular matters or things, the examiners
may conform themselvers so far as shall be parcticable to the regulations
for the time being by which the examinations of persons intending to
become bound under articles of clerkship, and of candidates for admission
to practise attornies in England are respectively governed and directed.
20.The examiners shall cerify the result of every such preliminary
or fimal examination to the Supreme Court within one week from the
completion of the same, or within such further time as the Court shall
allow; and very such certificate shall be in writing signed by the
examiners, or any two or more of them, of whim the Attorney General.


'<3DINANCE No: .3 of .Ig71=:

yZasters, Attornies; and Public _1 otaries.

shall be one,;
majority of

under articl ~.'-iat

Supreme C~
been able toll

21. If '~.:

final ex.arrii,
practise Ac
fit, 'or cony
be heard i `
and if the mj
admitted
ing as afo

22:
y

give leav:~ .
ac'h.cert '

~nontli fr
lad`;) fl~'

E4II state to. the effect, that the e~.,iners gar tit

`d that the candidate is or -is not fit to beco:nc~bounq:~ ~

hip inteu
cause a l
public- nj
may, if
pensing'

>aid, or to act as air attorney, and- itc°cator

e case may be), or that the examiners have z~ch

~ny finding, as to his fitness in that- beha

~ers, or the majority of them -present at any ;au-=.0e'~-
~ r~rn~u
~1 that the candidate is fit, he shall lic admitted tcs: ~~a~:
but if they or the s

%fd majority, find that he is -not ~°

~ing, he may, on his petition to the Wprenia -court,_ ~~ '~f
of his qualification and claim to such admission;-..~ . :g~ ~'-~ ~'
shall grant the prayer of his petition; he shall be.
notwithstanding Any such finding or giant of,

,..cases where the Court on special aiplxc;z~.io~-~ia'll oert;fi
a
ntrary, no admission shall be grante`' vYht tc.er upon ~nr~,:

E~uch petition as-aforesaid, after the c y~ixv~jt:ic~n .of ono 'G

~e of the return of the certificate or (-as txUe case'06 of

order made upon the petition.

4ndidate for admission as art attar,.t'A

~l give one month's writCen
~y for examination and admission, a0~,~I~

~ be inserted thrbe° times ire the (pr,zxKd_,y,'
the Corny : Provided always

examined, or not have pass ed the~'- ~r.Mti~:
~y, within site months after suet no t~ce Z'JV

:i,
nation and. admission, and ~o: fi`n~ri,-i~z.
ink proper: Provided always that H-46
reyented, from attending to. be_'e~;
ORDINANCE 'No, 3 r,F zt31'

Bam'sters,'A.1lrrnY,ees, u-r.d d'rrVic Notaries'.:-

2lwi. Every oandidate for adnzif,sion ~r; ant UWm
tinder section G whoha)l i;av(~, ser%'e:i.ri. a£ the=

L
therein t-nenti,mrcl as a« ;a.rai~Ae:I clerk v.~, :.F1 d tortiey '-
s
Rritain or Ireland, and th(, other part iit:Ic an attwhe
tire Colony, sl!all, ire addition to the fornxalities prey
Old 1 3 in respect. of the av tielgs therein mer,itiouedt.~
admitted and enrolled, larodace to, fhe Registrar tl~°t
he shall have beqome bound to suJi attorney, pracasi
V .,

o'relancl and every ael nment tlicreof, and steal
duly cane to be re and sworn such afri,lavits- in. r
-~ w'. `~ prc;scz ~'d by t2 2 in $pect of Ue articles the

tl,.s: provisions of 00do ri T a.i to en ro3'cnent, re;istrat?:in

Ir

n 'Clation to the articles then: in mentioned shall like
>Whereby gich eau4datP- shall have been bound to = P
.raciain i(ra'l~ Dritain-r.Irland and' t any ;

_ x. . _ _ _.~ _ _. _ _ Way,,: ,upon ~-'

end proctor,
>f five `years
jinn in Great
tisinn within
~ sections 12
e he can be
pnder which
~reat Britain
d swear or
~,Zereto as are
~ioned ; and
er matters
~y to articles

y attorney
~t thereof

~' unds and
ch person

ion ,either

2$. Every c i~Eidanr Admission - as au a

under section 6 shall hefqre~ he', tan, be

affidavit oaf laiinself or of ttory.r~ ~tprures

Britain and- Ireland :or in,

proctor,

dove by an

. in Great

i

end,, to he
ally and,
~~attornies
l~ that he
employ-
ttoriiey
4usiness,

~flielavit

before admission and eurolUrient;.subscfibe te 0ll ~c,b :'

amrmation of -Allegriance'Ju.-the = .fbruijm:scrIbP_d-bV'- ~1869, and
also the oath or declaration aiid affirmatioh
l)'arrislc:m, .,4 ttorrzics, aNd Pub tie Notaries.

B., do swsar, gar soiE;mnlc, sirwerelp, and tralp cleci,ert and
affixralx-:`.

will truly and honestly cii?.iaean myself in tiaQ practice of.at

v;_ . ~°~:~n2.toroey, soiic.itor, and proctor ac;carding to the best of
in,; l:nbwled~-J

;3nl ability.' Viand in the rcse of an oath 'So help use Grjd:'

28. '.I'he fnllmrina fees shall 1)c p;dc? to the Registrar for tbe. use
'of
the Crown

fizz the film of an afficlawi;,.

On the enrc~lia.ent and xeg;strai-iork of articles orj`~'
of any wiaignrrent of .zz°ticlc:; under sections`:

<=)n the entr
y of such articles car assignment in:
the book to be aliened to Imblic- inspection

under sections IS and 25 ,:, .,

On the registration of a puhii;; notary, under

'

(fin t-.Io; admission of czzq pcr:aoi under sections

6 and a ,

act within this Colony fas. a. barrister, attorneq,,~ ~ir-proetox, W,41
been adunitteci or enrolled by tae supreme y itrrt eztheP. ~~
the passim of this Ordinance, or as a, ijublio'

duly registered 2s IterLinheforcl provided, oz ~.of~ithout
pc~,~;:a~ii~C.:y
qualif, cation as a barrister, attorney, I)rocz pyx~ v~';notary put~1m,
shy ~~.

as such or prepar~- -any doruzxzent -hate ir~'forSee=or rew*trcl, 'sliK N
liable for every. -:such olunee to forfeit o `-fhe 'Crown a rezay` nit

exceeding two Izzzzadzy d-oar's:

3C), the Supreme CiDutt ~Cih-all-have l-ta!v~r; upon reasc~Ie cauN;.

to. remove and strife oF; from.`tbe -rolls >06: Court the sae of aA ~''

barrister, atLorneyor praetor.

1::: :'-the pravisious of 31all not apply
~I ~r to the Crowxa-
1100
Title.
Preamble.
Interpreatation clause.
Repealing clause.
Saving clause.
1101
No person to parctise as a barrister, attorney, &., within previous admission, &c.
Re-admission not necessary.
Admission of barristers, attornies and proctors.
[No. 6 of 1845, s. 10.]
Admission of articled clerks.
[6 & 7 Vic., c. 73, s. 3.]
[No. 6 of 1845, sec. 10.]
[No. 13 of 1856, s. 1.]
Period of service under articles reduced to 3 years in certain cases.
[See 23 & 24 Vic., c. 127, s. 4.]
1102
In case of bankruptcy, &c., Court may assign articles.
[6 & 7 Vic., c. 73, s. 5.]
Barristers and attonies may practise in all the Courts.
[6 & 7 Vic., c. 37, s. 27.]
[See 30 & 31 Vic., c. 45, s. 15.]
Certificate of call or admission to be deposited with Registrar and affidavit of identity to be filed.
[No. 7 of 1862, ss. 17 & 18.]
Register of public notaries.
1103
Formalites to be observed upon the execution of articles or of any assignment thereof.
[6 & 7 Vic.,c. 73, s. 8]
Duties of the Registrar aa to the enrolment, &c., of articles.
[6 & 7 Vic., c 73, s. 8 .]
[23 & 24 Vic., c. 127, s. 7.]
The formalties prescribed may be performed after the expiration of the period specifed, by leave of the Chief Justice.
[6 & 7 Vic., c. 73, s. 9.]
[23 & 24 Vic., c. 127, s 7.]
Articled clerks not to be engaged in any other employment.
[23 & 24 Vic., c. 172, s. 10.]
1104
Appointment of examiners and remuneration.
[No. 13 of 1856, s. 2.]
Regulations for preliminary examination.
[23 & 24 Vic., c. 127.]
Regulations for final examination.
[Reg. Gen. H. T, 1853 No. 2.]
[23 & 24 Vic., c. 127, s. 11.]
[No. 13 of 1856, s. 2.]
How far regulations in force in England may be followed.
Certificate of examiners.
[No. 13 of 1856, s. 4.]
1105
The candidate if unsuccessful may appeal to the Court.
[No. 13 of 1856, s. 5.]
Certificate or order to be in force for one month only except by leave of the Court.
[No. 13 of 1856, s. 6.]
Notice of intention to apply for examination.
[Reg. Gen. H. T. 1853, No. 5.]
Renewal of notice
[Reg. Gen. H. T. 1853, No. 6.]
1106
Registration of articles of service to attornies practising in Great Britain and Ireland.
Affidavit of due service.
[6 & 7 Vic. c. 73, s. 14.]
[23 & 24 Vic. c. 127, s. 10.]
Oaths to be taken.
[6 & 7 Vic. c. 73, s. 19.]
[13 of 1856, s. 9.]
1107
Fees payable under this Ordinance.
Penalty for unlawfully practising.
[No. 13 of 1856, s. 13.]
Striking off the rolls.
[No. 6 of 1845, s. 10.]
[No. 13 of 1856, s. 10.]
Law officers.

1100
Title.
Preamble.
Interpreatation clause.
Repealing clause.
Saving clause.
1101
No person to parctise as a barrister, attorney, &., within previous admission, &c.
Re-admission not necessary.
Admission of barristers, attornies and proctors.
[No. 6 of 1845, s. 10.]
Admission of articled clerks.
[6 & 7 Vic., c. 73, s. 3.]
[No. 6 of 1845, sec. 10.]
[No. 13 of 1856, s. 1.]
Period of service under articles reduced to 3 years in certain cases.
[See 23 & 24 Vic., c. 127, s. 4.]
1102
In case of bankruptcy, &c., Court may assign articles.
[6 & 7 Vic., c. 73, s. 5.]
Barristers and attonies may practise in all the Courts.
[6 & 7 Vic., c. 37, s. 27.]
[See 30 & 31 Vic., c. 45, s. 15.]
Certificate of call or admission to be deposited with Registrar and affidavit of identity to be filed.
[No. 7 of 1862, ss. 17 & 18.]
Register of public notaries.
1103
Formalites to be observed upon the execution of articles or of any assignment thereof.
[6 & 7 Vic.,c. 73, s. 8]
Duties of the Registrar aa to the enrolment, &c., of articles.
[6 & 7 Vic., c 73, s. 8 .]
[23 & 24 Vic., c. 127, s. 7.]
The formalties prescribed may be performed after the expiration of the period specifed, by leave of the Chief Justice.
[6 & 7 Vic., c. 73, s. 9.]
[23 & 24 Vic., c. 127, s 7.]
Articled clerks not to be engaged in any other employment.
[23 & 24 Vic., c. 172, s. 10.]
1104
Appointment of examiners and remuneration.
[No. 13 of 1856, s. 2.]
Regulations for preliminary examination.
[23 & 24 Vic., c. 127.]
Regulations for final examination.
[Reg. Gen. H. T, 1853 No. 2.]
[23 & 24 Vic., c. 127, s. 11.]
[No. 13 of 1856, s. 2.]
How far regulations in force in England may be followed.
Certificate of examiners.
[No. 13 of 1856, s. 4.]
1105
The candidate if unsuccessful may appeal to the Court.
[No. 13 of 1856, s. 5.]
Certificate or order to be in force for one month only except by leave of the Court.
[No. 13 of 1856, s. 6.]
Notice of intention to apply for examination.
[Reg. Gen. H. T. 1853, No. 5.]
Renewal of notice
[Reg. Gen. H. T. 1853, No. 6.]
1106
Registration of articles of service to attornies practising in Great Britain and Ireland.
Affidavit of due service.
[6 & 7 Vic. c. 73, s. 14.]
[23 & 24 Vic. c. 127, s. 10.]
Oaths to be taken.
[6 & 7 Vic. c. 73, s. 19.]
[13 of 1856, s. 9.]
1107
Fees payable under this Ordinance.
Penalty for unlawfully practising.
[No. 13 of 1856, s. 13.]
Striking off the rolls.
[No. 6 of 1845, s. 10.]
[No. 13 of 1856, s. 10.]
Law officers.

https://oelawhk.lib.hku.hk/items/show/289

RENDITION OF CHINESE CRIMINALS ORDINANCE

No. 2 of 1871.

An Ordinance to remove Doubts as to the Application of Ordinacne No. 2 of 1850.

[29th May, 1871.]

WHEREAS by Ordinance No. 2 of 1850 provision is made for the carrying out
of
treaties between Great Britain and China for the rendition for trial of
crixniuals,
subjects of China, who may take refuge in Hongkong; And whereas byArtielo
XXI of
the Treaty of Peace, Friendship, Commerce and Navigation between
~Ier-1VIa<jesty t3~e
,Queen .and the Emperor of.China,.signed at T,ientsin_.dn~thex26th flay
~~ ~`une, 1i~r8y
and ratified at Peking on the 24th day of
Oatober,j186U,=(hereinaft8r'refersed~toasflie
'Treaty of Tientsin), it is agreed and provided'that 'lif criminals,,
qabjecte of CWna;'
shall. take refuge in Hongkong, or on board.tlie British, ships
the>r`e,Jbe3, shall,- upon
due requisition by the Chinese authorities, be searched 'for,..axid on
,proof of their
gAlt, be delivered up;' And whereas'doub a. biqvq: arisen as to th
pplicati% n 9
u e h
'Ordinance No. 2 of 1850, to treaties made and entered into after the
passing of the
said Ordinance, arid it is eapedentabts:,Be, it
enaqted:hy the
Governor .of .FIongkong, with the -advi oe ,of °alle Legislative .
Council thereof,, as

follows:-

,

I., Ordinance;No.,2 of 1850Js hereby declared to.. apply to.the rendition
for-trial
,of criminals claimed :by. the Chinese,.`6'ro~exnauent.ulider .treaties
.made and catered into.
petwee,n_Gr,e4t..Britain.ands bsfoxethc passing-of
the said Ordi.
nonce, and ,all criminals whoserendtiori-maybe claimed by the Chinese
Government
under Article gXI of the Treaty of Tientsip , may be dealt with under the
provisions of
the'said Ordinance,in the same manner in every respect as if the said
Treaty were
expressly -mentioned a'xid- included amang,'the treaties referred to in
the preamble of
,the -said.Ordinance.

[Repekled by Ordinance No. 26 of 1889.]


1099
Title.
Preamble.
Ordinance No. 2 of 1850 declared to apply to the treaty of Tientsin.

1099
Title.
Preamble.
Ordinance No. 2 of 1850 declared to apply to the treaty of Tientsin.

https://oelawhk.lib.hku.hk/items/show/288

SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE

Supreme Court-Summary Jurisdiction.

No. 1 of 1871.

An Ordinatace to amend Ordinance No. 7 of 1862, and to provide for the
Summary, Trial of Cases in the, Supreme Court.

[3rd May, 1871.]

[WHEREAS it-is expedient to, amedd. Ordinance No. 7 of 1862 and to
provide _ for

the summary. trial of cases in the Supreme Court: Be it enacted by the
Goeeruox of Hdngkong, with the advice of the Legislative Council thereof,
as follows:

.' ~ 1, The following terms and expressions shall be understood as
hereinafter defined'
or explained, unless there be,something in the, subject or context
repugnant to such.
definition or explanation,; that is to say: ~..

The expression 'Principal Ordinance'shall mean Ordinance No: 7 of 1862-.
_:

The terms 'Court', and 'Judge' shall mean respectively the Court off'

Sum mary Jurisdiction and the Judge thereof.

The expression 'Sum in Dispute' shall, in proceedings under section 12 of`
the principal Ordinance, mean the annual value of the premises, and,
in other proceedings, shall mean the sum sought to he recovered.
ORDINANCE 'No.' 1 o) 1871.

Supeme E'ourt-Summnaary eTaiisdiction.

2. Sections 16, 17 and 18 of the principal Ordinance are hereby repekled,
subject
as to the last mentioned section to the exception hereinafter contained
in section 45.

3. The provisions of section 34 of the principal Ordinance are hereby
declared to

Rep oalirF
clause:

Declaratory as -
to section 34 of

apply to criminal as well as civil business, and the hearing and
determining of any principal
cause, matter, or thing by the Judge under the said section, shall be
conclusive evidence
of his power and authority so to do.

4. Section 9 of. Ordinance No. 1 of 1869, is hereby amended.by inserting
the nr,aisau,g
clause.
words 'ox criminal' after the word ' civil' in the ninth -line, and
likewise after the

word 'civil' in the tenth line'thereof.

Appearance of Parties.

15. In every cause or matter pending before the Court, the plaintiff and
defendant
if not represented by attorney or by attyney and counsel, as the case may
be, must
appear in. person: Provided always that in case it shall be proved to the
satisfaction of
the Judge, that any plaintiff or defendant who may not be represented as
aforesaid is
prevented by some good or sufficient cause from attending the Court in
person, the
Judge may, in his discretion, permit any relative, friend, or agent of
such plaintiff or
defendant, who shall satisfy the Court that he lies authority in that
behalf, to appear
for such plaintiff or defendant.

r .Attachment of Debts.

6. It shall be lawful for any creditor who has obtained a. judgment in
tie Court
to apply for an order that the jiadgmeiit debtoi,shbuld be orally
-examined before the
Court as to any and whaf debts are owing to him,
7. It shall.be lawful.for the, Court; upon the ex pizr$e applicatidii°of
tti6h'judgment
creditor, either before or after such oral examination, and upon afn4avft
by himself or
his attorney stating that judgment had been recovered;: and that it is
still unsatisfied,
and to what amount, and that any other person is indebted to the judgment
debtor,
and is within the jurisdiction of the Court, to order that` all debts
'Owing or accruing
from such third. person' (hereinafter called garnishee) to the judgment,
debtor;. shall be
attached to answer the judgment debt; and by the same;: or any subsequent
order,' it
may be ordered that the garnishee shall appear before the Court,.to shew
cause why he
should not pay the judgment, creditor the debt due from hiin to the
jiidgment debtor,
or so much thereof as may be sufficient to satisfy the judgment delft: '

8. Service of an order that debts due or' accruing to the j-ddginent
debtor shall be
attached, or notice thereof to the garnishee, -in such manner as the
Court shall direct;
shall bind such debts in his hands.
9. If the garnishee does not forthwith pay.into Court the amount due from
him
to the judgment debtor, or an amount equal to the judgment debt, and does
net diepute
the debt due or claimed to be due from him to the judgment debtor, or if
he does not
appear upon summons, their the Court may order execution to issue, and it
may be
sued forth xecordingly,'without-any previous writ .or process, to levy
the amount due
from such garnishee towards satisfaction of the judgment debt.

Parties to
appear lit
person or by
attorney.

Proviso.

Examination -
ofJndgmBnt
debtor as to.
debts dne.to-
him: -
~No. 8 of HUI-&
B1
Gonrt may order
an attachment
of debts.
No. B of 1855, s.
62.]

Order for
attachment to
bind debts.
[No. 6 0~ 1855, s.
53]

Proceedings to
levy amount due
from garnishee;
to judgment
debtor.
[No. 8 of 1855, a.
O.RDI:NANCE No. l of 18;1.

Supreme Court-Sumn:ary Jurisdiction.

'rroeeea:*g . - 10, If the garnishee disputes his liability, the Court,
instead of making an order
against jarni-

aA
ee. that execution shall issue, may order that the judgment creditor shall
be at liberty to
~Nj 8 of 1865, a.
6 proceed against the garnishee by summons calling upon him to show cause
why there
should not be execution against him for the alleged debt, or for the
amount due to the
judgment debtor, if less than the judgment debt,, and for cost of suit.
Attacbraent lI. There shall be kept in the office of the Court a debt
attachment book, and in
book to be kept
bytbe clerk or, such book entries shall be made of the attachment and
proceedings thereon, with names,
the Court.
6N,. 8 of 1886, s. dates a7ad statements of the amount recovered and
otherwise; and copies of any entries
made therein may be taken by any person, upon application to the clerk of
the Court.

Foreign Attachment.

eattoneor 12. 7.'roceedingg by foreign attachment may be taken in the
Court, in manner
contract, aet]nne `
and Grower. hereinafter provided, in all actions on contracts, and in
actions of detinue and hover,

provided that the breach of contract or the detention or conversion upon
which such,

actions shall be founded respectively shall have occurred within the
Colony, and that
the sum in dispute shall not exceed five hundred dollars.
rroeeeplngs.by , 13. If it shall appear to the satisfaction of the Judge,
by affidavit or otherwise:-
foreign -
attach.

ment. 1, That the plaintiff has taken out a summons against the defendant
and that
-the case is within the provisions of,the last preceding section; '

2. That the bailiff is unable. to serve the summons upon the defendant by
reason of his absence from the Colony, or that there is probable cause
to believe that the defendant is concealing himself to evade process;

3. That the defendant is beneficially entitled to any monies, securities
for
money, chattels or other property whatsoever (other than lands or any
interest therein) in the custody or under the control of any person
t
within the jurisdiction, or that such person (hereinafter called the
garnishee) is indebted to the defendant;

The Judge mad order. that a writ of foreign attachment in the form or to
the effect
contained in the first schedule of this Ordinance, shall issue, and that
service thereof
shall forthwith be made upon such garnishee: Provided always, that no
such order
shall be made unless the plaintiff or some one on his behalf shall first
enter into a bond
with one ar more sufficient sureties to be approved by the Court in such
sum as the
Court shall think fit to order, the condition of which said bond shall be
that in case
the defendant shall, at any time within the period limited by this
Ordinance in that
behalf, cause the judgment therein,given to be reversed or varied, the
plaintiff will pay
to the defendant ail such sums of honey, damages, costs and charges as
the Court may
order, on account of or in relation to the said action and the said
attachment or either
of them; and such bond shall be in such form as the Court shall approve
or direct:

''Priority of writs. ° : Irk. where two or more writs of foreign
attachment shall be served on the same
garnishee they shall take priority respectively according to the date and
time of the
order made by the Judge for the issue thereof; unless the Judge shall
otherwise direct.
ORDINANCE- Na: :1:-OF 1871..

Supreme Court-SummarrJ Jurisdiction.

15. From the time of the service of the writ upon the garnishee all such
property
as aforesaid to which the defendant mentioned in such writ is
beneficially entitled,
whether sblely or jointly with others, and which is in the custody or
under the control
of the garnishee, and all debts then due or accruing due by the garnishee
to the
defendant, shall to the extent of the defendant's interest therein be
respectively attached
in the hands of such garnishee (subject to any .boner, fide prior title
thereto or lien
thereon) to satisfy the claim of the plaintift.

16. The Judge may at any time,'upon such grounds as he shall deem
sufficient,
order any property attached under such writ to be sold.in such manner as
lie shall
direct and the net proceeds to be paid into Court, or may make an order
cancelling
such writ and dissolving the attachment either absolutely or upon such
terms as he
shall think reasonable.

17. Any garnishee who shall without leave or order of the Court at any
time after
the service of writ and before the attachment shall be dissolved,
knowingly path with
the custody or control of any property attached in his hands, or remove
the same out
of the jurisdiction of the Court, or sell or dispose of the same, or pap
over any debt
due by him to the defendant excepting only to or to the use of the
plaintiff, shall pay
such damages to the plaintiff as the Court shall award and shall be
liable to the same
punishment as is provided in the case of a person guilty of any contempt
before the
Court by section 19 of the principal Ordinance.

18. After the issue of a writ of foreign .attachment, the ,plaintiff may
proceed rroeeedtnga-.,,

upon laxtie of -

with his action as if there had been due service of ,the summons,
aid-shall eo.fitljlish writ. v
his claim to the satisfaction of the Judge, and in case he shall obtain.
a juelbmerit, the -
Judge may at the same or anysubsequent sitting examine the garnishee and
determine v$aminntionof
what property is subject to attachment in his hands under the writ served
upon him, garnishee.

,
aitd in cases where, the defendant shall have appeared and defended the
action, may
forthwith order -such property or ally part thereof to be applied.in
satisfaction of the
judgment and for that's purpose may, if necessary, make any order for the
sale and
realization thereof as the circumstances of the case require.

Property
,ttaebed front
service of writ,

subject to prior

title or lien.

Power to sell,

-

Property
attached, or

dissolve attuqh-

mast.

Penalty for
disposing of
property
attached without
leave of the
Court.

Order thereon
where defendant
appears.- ,

19. The defendant may, notwithstanding the issue of the writ of foreign
attach- pefenaantway

'appear and -

ment, appear and defend the action, and if judgment be, given against
him, may .deranaaetion.
oppose the order for the application of the property attached in
satisfaction thereof,
and in case judgment shall have been°obtained during, the absence of the
defendant
from the Colony; the defendant may at any time within six months from the
date of..
such judgment apply to the Court to review or re-hear the case in the
manner provided.
by.=section 29 hereinafter contained, and it shall be lawful for the
Court in ids di4cre=

tion so to do. _

sf .. 20. In cases where the defendant shall not have appeared: and
defended the
;action, no order for the application of any property so attached as
aforesaid or of she
proceeds thereof as the case may be, in satisfaction of the plaintiff's
judgment shall, be
made unless notice of the issue .of the .writ of foreign attachment .
shall have been

Order forapplicn-
tion of property
where defendant
does not appear:
Supreme Court-Summary Jurisdiction.

rroperty in

hands of public
ofHaers.

Croee action.

inserted twice in the Gazette or (in lieu thereof) in such one or more
newspapers of
the Colony as the Court may direct, nor until a period of thirty days
shall have elapsed
from the date of the service of the writ.

21. Property in the hands or under the control of any, public officer in
his official
capacity may be attached with the consent of the .Attorney General.

Discharge of, Garnishees.

22, The order of the Court made under the provisions hereinbefore
contained as
to attachment of debts and foreign attachment, in pursuance of which any
property
attached in the hands of a garnishee, shall be applied in satisfaction of
a judgment,
shall be a complete bar to 'any proceedings instituted against the
garnishee to recover
the same by any person whomsoever, but all persons claiming an interest
in the pro-
perty attached may appear before the Court for the purpose of opposing
the making of
(such order or of protecting their rights in or to such property:
Provided always that
such order shall be no bar to any proceedings instituted by such persons
against the'
plaintiff or judgment creditor into whose hands such property shall have
passed there-
under, or those claiming under them to recover the same or any part
thereof, unless
such persona had notice of the attachment and had the opportunity of
appearing before
the Court for the purpose of.opppaing suchoxder or protecting their,
rights as afomgiil,
and refused or neglected so to do. -

Procedure, Practice and Evidence.

23. Where a defendant raises a defence by way of set-off which, in the
opinion
of the Court, is not admissible as set=off, the Court may, if it shall
think fit, on his
application, give him liberty to withdraw such defence and to file a
cross summons,
anal may make such order for the hoaxing of the action and cross action
together~or
otherwise, on such terms as to coats, and other matters as seem just.

24. It shall be lawful for the defendant in any action in which if
judgment were
.obtained against him he would be entitled .to relief against-such
judgment on equitable
grounds to plead such grounds by way of defence and the plaintiftmay
reply in answer
to :any..auch plea of the defendant facts which avoid such plea on
equitable grounds:°
'F4opided that if itahall appear. to the Judge that any such equitable
plea or replication
ca~no_h be vdealt with by the Court so as to do justice between the
parties, or does not
4ioclose a good defence upon the merits, he clay order the same to be
struck out upon
such terms as to the. Court may seem reasonable.

25. The-Court shall have power, if it sae fit to do so, upon the
application of the
plaintiff in an action for detention of any chattel to order the return
of the chattel
detained without giving the defendant the option of paying the value,
assessed ax
otherwise agreed upon and in. case the defendant .shall refuse . or fail
without r~ps. onable
gauss to comply with such. arder,,the,Caur -may order him. to be
imprisoned for any
texm. dot exceeding six months:and.esecution to issue against his goods
and chattels
forahe.afnauut of suchassesssdor.agreed.value as aforeiiaidand-for the.
costs zwoverad.

[No: of 1866,
4ect,01,1$, 74;
and No. 6 y 1856,
JAI

'e c d li ry
r Utteles. ve

o ob

fNo.'8of-labs, a.
86; and 4ee 1Vo. 18
2,6. It shall be lawful for the Judge, if hehis. discretion,
think fit; ;to
:permit either party to use his books of account as evidence in support
of his claim or
defence and also to take and admit evidence by affidavit whenever a
special ground for'
receiving the same shall be shown to the satisfaction of the Court by the
party .
tendering it. '

2'7. Whenever any, action or proceeding before the Court, shall involve
or consist,
wholly or partly, of -matters of account which cannot be conveniently
investigated in
the ordinary way, the Judge-may refer such matter of accountto any
competent person,
for a report thereon, and may from time to time remit such report to the
referee for
re-consideration and may determine the action or proceeding before the
Court in
accordance with such report, or not, as he shall think fit. The Judge may
award any
sum which he shall deem just and sufficient under the circumstances by
way of
remuneration to the referee, and such sum shall be costs in the cause and
shall be paid
by such party and at such time as the Court shall order,, and the payment
thereof may
be enforced in the same manner as the payment of costs. .

28. The Judge may in any. proceeding 'before the Court order the
plaintiff to file, 'rbe Judge ;,~;ky
order written
within such time as he shall direct, a written statement of his claim and
may likewise statement anti
answer to be
order-the defendant within such time as aforesaid to file a written
answer to such flied.
statement.

29. It shall be-lawful for the presiding Judge, upon such. grounds; as:
he shalLln
his discretion think sufficient, and upon such -terms.as -he-ehall
0,-Myisw~amy

case or proceeding determined .by him, within .one month=°of
s*~deteru~tii,-, --.
(except where either party shall have appealed to the Supxepe
Court:andthe pe<tijes
shall not agree to the withdrawal of the appeal), and to
re-hear-suph:ca:q'e or proceeding,
wholly or in part, and to take fresli evidence, and. .to reverse, vary,
.or .confirm bis pre-
vious judgment and to make any order for the re-payment, of any. money
received ,
under such previous judgment and every such order may be enforced in the
same.
manner as an ordinary judgment. ,

30. The signature of the Judge shall not be, required to writs, precepts,
orders,
certificates, and other instruments issuing from the Court, if they
purport to be signed
by the'clerk of the Court by order of the Judge and tire stamped, with
the seal of the
`Court.
r.

~31. It.shall be. lawful for the Chief Justice in, case of then illness
or temporary At request of the
absence of the Judge, and in case he shall think fit at all times. at the
request of the Justice mayhear
any case.
.Judge, to bear and determine any cause pendiug in the Court and in every
such case so
heard and determined, the decision of the Chief Justice shall be final,
subject to the
provisions. of section-29. The hearing and determining of every such
,cause by the
Chief Justice shall be conclusive evidence of his power and authority, so
to do.

32. Where in -airy action of- contract brought or cowmeneed .in the
Supreme In certain oaFe
ChiefJnsticemay
Qquxt,, tha c4xm e;;Oorse,4 on. the writ ,dtoes not,.eeeed fiye.hun ed a
ilars or where order action to
,, ' .,. - X19 .~, . be tried in the

Account books.
Evidence by .
affidavit.

Matters of
account.

Power to ia-opon,
case.

Signature of
Judgeto
precepts,
&e., no longer
required.
ORDINANC E- No. 1 of 181.

Supreme Court-Summary Jurisdiction.

ConrG'of :hmi
mdry Jurisata
tlon.° _.

such claim, though it originally exceeded five hundred dollars, is
reduced by payment,
an admitted setoff, or otherwise, to a sure not exceeding five hundred
dollars, it shall

be lawful for the defendant in the action, within eight dace from the day
upon which
the writ shall have been served upon him, if the whole or part of the
demand of the
plaintiff be contested, to apply to the Chief Justice at clambers for a
summons to the -
plaintiff to show cause why such action should not be tried in the Court
of Summary
Jurisdiction; acrd on the bearing of such summons the Chief Justice
shall, unless there,
be good cause to the contrary, order such action to be tried accordingly,
and thereupon
the plaintiff shall lodge the original writ and the order with the clerk
of the Court of
Summary Jurisdiction, and the cause and all proceedings therein shall be
'heard ancI
taken in such Court as if the action had been originally commenced in
such Court;
and the costs of the parties in respect of proceedings subsequent to the
order of the
Chief Justice shall be allowed according to the scale of costs in use in
the Court of .
Summary Jurisdiction, and tire costs of the proceedings previously had in
the Supreme
Court shall be allowed according to the scale in use in such latter Court.

33. It shall be lawful for any person against whom, an action for
malicious
~~se~izton, a~e.~:,y~ ros'ecution illegal arrestr illegal distress,
assault, false imprisonment, libel slanderr,

1>rotia71tF1ic: -~. . _; , .~, ,

'seQntA£iou'or other action of tort, may be Lrbu(rLt in the Supreme Court
to make an

Wda'vrts .flat the plaintiff :Las no visible paeans of paying the costs o£
the defendant
'diction by Grla' *.
om~aaaci~e; ah-o'uld a verdrct be not found`fbr the plaintiff, and
thereupon the Chief Justice shall
ao m n vu., a
~428.-ro41. : ~~.~e ~o~r to rrit>alze an ocdexKtTiat ,unless the plaintiff
shall within a time to be-therein.
,meiuttiried give full security -for the defendant's costs to the
satisfaction of the Registrar
of the said Court, or satisfy the Chief Justice drat be has a cause of
action fit to be
' prpsecuted in the Supreme Court, all proceedings in the action shall be
stayed or
iti the event of the plaintiff being unable or unwilling to give such
security or failing to
satisfy the Chief Justiea as aforesaid, that the cause .be remitted for
trial before the Court
of Summary Jurisdiction; and thereupon tire IWintiff shall lodge the
original writ and

the order with the clerk of the, last. mentioned Court, who subject to
the order of the
Judge shall appoint a day for the hearing of the cause, notice whereof
shall, be sent by
thet clerk to both parties or their attornies; and the said
last-mentioned Court shall
have all the same powers and jurisdiction with respect to the .cause as
if the sum in
<fi~ute did not exceed five, hundred.dollars, and the action had been
originally coin--
menced_in the said Court, and the costs of the parties in respect of the
proceedings
subsequent to the order of the Chief Justice'shall be allowed according
to the kale of
costs in use in the Court of Summary Jurisdiction, 'and the costs of the
proceedings in
the Supreme Court shall be allowed according to the scale in use in such
latter Court

''~fiuTts:rtude°$800
by-and aKUrisG,, -:
'the orowli.
',: :.:

Crown suits and refund of rates.

34. Whenever a cause of action under any contract entered into in
relation to an
of of the public service, in which the.sum in dispute .shall not exceed
five-
hundred dollars shall accrue to the Crown against any person, or whenever
any person
shall have a. claim against the Crown under any ouch contract, the chief
officer. of such,
URDI\'A\CI~\o1 oF-I871.

Supreme Cozart=..8uanrnuty Jurisdiction.

department may sue and be sued on behalf of the Government in respect of
such cause =
of action or claim in and by his official capacity and designation:
Provided always that
no such suit shall he commenced without the consent o£ the Attorney
General; and
that nothing .herein contained.shall affect any other remedy in respect
of such cause of
action or claim. .

35. Section 8 of the principal Ordinance, as to the splitting of a cause
of action 1>ruyssfonsha. .

to Splitting

or demand shall not apply to prbceedings under Ordinance No..9 of 1$69,
or under tlie' d-ands not f.(i

aPCdy to Crown°°

last preceding section: a°itw

$6. The certificate of the Colonial Treasurer in actions brought by him
under Form orceira- ..

flcato Under

Ordinance No. 9 of 1869; shall be in the form given in the second
schedule hereto or ordinance No, >i

orlsae.
to the same effect and the nature and particulars of the claims, which
are requited to
be set forth, shall comprise the several matters specified at the head of
the different
columns in the said form; and in suits for the recovery of Crown rent the
certificate
shall be signed by the Surveyor General as well as by the Colonial
Treasurer.

37. The (_,olonial Treasurer may with the approval of the Judge appoint a
special
bailiff for the service of summonses, subpoenas and other process in
proceedings under

Ordinance No. 9 of 1869, arid such special bailiff shall bane in respect
of such proceed-
ings the like powers and be entitled to receive the same foes for the
service of process
therein as the bailiff appointed under the principal Ordinance.

38. The term of ten days within which claims for a refund of rates may.
be filed
under, section v of Ordinance No. 11 of 1867 is hereby extended
to.fifteen days,,; azid rn..`,:
proceedings under the said section for a refubd.of rates; it shall
to gibe notice to the Colonial Treasurer of the filirg.of.the petition as
~heiexp ppvrded;
but every such petition shall be referred.,lay thij Court to- the
Colon>,.who
shall thereupon examine into the correctness o£ the :claim and retu~n_
the sariie to the
Court with an endorsement to the effect =that the same is admitted, or
not admitted,
.as the case may be; and in case the claim shall not be admitted, the
Colonial Treasurer
or some person on his behalf shall appear in opposition thereto on such
day as the .
~Cburt shall appoint: -

Trucla be, fore a jury.

38. -It shall be lawful for eit>zer.'.pa;rty;.in_any.action colnmericed
i1a the Court of
Summary ` Jurisdiction to apply to tlie. Chief 'Tustiee.ap his clrambefs
in the Supreme

Court for a summons to the other party to show, cause why such action
should not be .
tried before a jury, and on the hearing of such summons it shall be
lawful for the
Chief Justice, if it shall appear to him-eapedieiit so to do, to order
that such action be
died in the Supreme Court before, the. Chief Justice and a jury under the
provisions,
hereinafter contained as to the summary trial of actions before the Chief
Justice in
cases where the sum in dispute exceeds five Hundred dollars, but does
not-eaceed'two
thousand dollars, and the costs of such application, and of the trial of
snob action shall
be liable to taxation by the Registrar of the Supreme Court in accordance
with the scale

,provided in the fourth schedule to this Ordinance. -,

SI

pecial bailiff
tinder Ordinance
No. a of 1889.

may. order autiprK-'
Fymmenmd to
the::Court to be '
tad bafnie'h1m'

wi£h-a jury:
ORD IMANCE No. 1 OF 1,971.

S'uyiteme'G~ourt-SummamJ Jurisdiction.

' Summary Trials before the Chief Justice.

iarcieainnacten 40. Whenever an action shall be commenced against any
person in the Supreme
above $500 and -
not exceeding Court which imight have been commenced in the Court of
Summary Jurisdiction, but.
2,000 may apply
orwmrnary for the sum in dispute exceeding five hundred dollars, or
whenever, any person shall
trial before the
Chief Justice. have a claim or demand which he is unable to enforce by
action in the Court of Sum-
mary Jurisdiction by reason only that the sum in dispute exceeds five
hundred dollars,
it sball be lawful for either of such persons, provided the sum in
dispute shall not
exceed two thousand dollars, to apply to the Chief Justice at his
chambers in the
SpTe Court for a summons to the defendant to show cause why such action
should
riot be tried summarily-before the .Chief Justice in the Supremo Court
with or ,without

Order thereon in
'discretion of
ChieP-Justice. -

41. If it shall appear to the satisfaction of the Chief Justice on the
hearing o£~
such summons, that the sum in dispute does not exceed two thousand
dollars, it shall.
be lawful for the Chief Justice in his discretion to order that such
action shall be tried`
before him accordingly: Provided always that the Chief Justice may also
at any time
before judgment rescind such order upon such terms as to costs or
otherwise as he
s~ah° think fit.

arses fof such 42. Upon the trial of ;everiy' such. action the following.
rules shall be observed
crfsrs.

I,;.T.ho action 'sh'afl:be'entitled.n the Supreme Court! °' For Summary
Trial'
and shall be commenced' by the ordinary, writ of summons of the Supreine~-
Court.

2. The parties, if they shall not appear in person, shall appear by
counsel
except by special leave o£ the Chief Justice.
3. The Chief Justice may; on the application of either party on summons at
chambers,. frame issues of _ law and of fact for the better trial and
deter-
mination of the cause.
4. The Chief Justice may, on the application o£ either party on
sumttio;os~at
chambers; if he sball,.think fit, direct that a jury be empanelled for the
trial of any issues of fact arising in the action, and all the provisions
of
the law `in force for the time being in relation to juries shall be deemed
to- a'pplyto the- trial -of such actions.
5: The 'fees o£ counsel and attorney in every such action shall be liable
to
taxation by the Registrar of the Supreme Court, and shall as between
party arid party be calculated according to the scale provided in the
fourth

schedule to this Ordinance.

G. It shall be lawful for the Chief Justice in addition to the powers
contained
in section 11 of the principal Ordinance to divide or apportion the .costs
between the parties or to order the same to tie paid by such party in
such,
manner and at such tunes as he shall in has discretion think fit.
ORDINANCENo'1 0F181;

Supreme Court:-.fummary< Jurisdiction.

7. The Chief Justice lay exercise in relatipn to every such action,~all
the
powers and authorities which are vested in the Judge of the Court of
Summary Jurisdiction upon the trial of actions in the Tryst mentioned
Court.

Provided always that it shall be lawful for the Chief Justice from time
to dine, by any ' chief justice
may make rules,
order to be approved by the Legislative Council, to frame rules for the
trial of all such and varyao8lea
of coats.
actions and to alter and' amend tile same and to vary the scalp of costs
contained in
the fourth schedule to this Ordinance.

43. Section 34 of the principal Ordinance shall not apply to the trial of
any such Chief Justice

action.

44. If any action, which might have been tried and determined by the Curt,
sliahl have been comrriebced in the Supreme Court, the plaintiff' if
successful shall not
be entitled by reason thereof to any costs unless the Chief Justice shall
certify tlxat the

case was a fit and proper one to be commenced in the Supremo Court:
Provided always Proviso.
that nothing heroin contained shall apply to proceedings commenced in the
Supreme
Court by the Attorney General on behalf of the Crown.

45. The fee of counsel, if allowed, shall as between party and party- be
twenty-
five'dollars and no more, and the scale of fees, contained in schedule. 2
of the, pxiucipal
Ordinance shall, ilptwithatanding the
repe~L~o~..sect~ti~:~_~St
thereof, remain in force, except so far as it relates to1etis
of.at0t4zes, which last
mentioned fens shall be regulated. in accordance- witq th'e~lewcontalq0
,zil,tlii

schedule to this Ordinance.

46, The costs of 'proceedings for attachment. of' debt's''.ard
foreign,attachment, costs in attao

Meat cases.
specified in the third schedule hereto shall be paid in.addition to, all
other costs payable
in the lotion out of which the proceedings shall arise.. ~ ` - '

47. The costs of an appeal, to the Supreme Court under section 29 of
the.peinci pal Costs on appeal.
Ordinance shall;-as between party and~party, be in accordance with the
scale, provided
°iii-that behalf in ;the fourth schedule to this Ordinance.

48: Whenever the service of writs-of summons, subpas4iid4lfetwprbcesa
shall. Expenses O

- anrvinv.nmi.i

be attended with expense; the bailiff .of' ~h~Court_shall-azo~c~pt by
order of the
J'tidge) be bound to effect such service, unless the reasonable -egpenaes
thereof 'shall'
have been .previously tendered, to =Mina -by the party requiring- such
service; and. such
expenses shall be costs..iu the cause:.

~ 49. It shall be lawful for the Judge in addition to the power vested
in, him by
section 33 of the principal Ordinance, from time 'to time by any such,
order to be
approved by~ the Legislative Council; as therein mentioned, to vary the
scale of Court
fees, and bailiffs' fees, and the scale of fees contained in the third
schedule to this
Ordinance. . : . . .

Conseqnencea'crf
not proceedingin
the Court where
practicable.

Fees of counsel
attorneys, &c.

Judge may
regulate and
vary scale of
fees.
ORDINANCE No. 1 OF 1871.

Supreme Court-Summary Jurisdiction.

---,Costs lnCrown 50. In actions brought by the Colonial Treasurer under
Ordinance No. 9 of 1869
or by or against any public officer under section 34 of this Ordinance,
the costs shall be

in the discretion of the Court in the same manner as in actions between
private parties,
and in every case in which costs shall be decreed against the Colonial
Treasurer or
such other public ofEcer, the same shall be paid by the Crown, and upon a
certificate
under the hand of the Judge, or of the Chief Justice, to the effect that
the sum therein
mentioned is payable by the Crown under the judgment of the Court or of
the Supreme
Court on appeal, it shall be lawful for the Colonial Treasurer and he is
hereby required
to satisfy the same out of any public monies for the time being in his
custody.

question its to 51. In case any question shall arise in relation to the
amount of fees payable to
amount of fees
to beaetermaed any counsel or attorney in any proceeding before the Court,
such question shall be
by the Judge.
summarily and finally determined by the Judge.

aeeursty for 52. The Judge may in all proceedings instituted in the Court,
exercise in his
,coots.
discretion the like powers as are vested in the Supreme Court with
respect to security
for costs, and also with respect to suits in forma pauperis.

Miscellaneous.

Conowrnction of
ordinance.

g3. This Ordinance and the principal Ordinance or so much thereof as is
not
hereby repealed shall be read together and be construed as if they formed
but one
Ordin4uce..

Ordinance not to 54. The provisions of this Ordinance shall not apply to
any action instituted
be retrospective:
before the commencement thereof.

FIRST SCI3EDULE.

IN THE COURT OF SUMMARY JURISDICTION.
Writ of bbrIttaclemnnt

Between A. B. Plaintiff;
and C. D. Defendant.
To Mr. bailiff and his assistants.
Hongkong ~ You are hereby commanded to attach in the hands of [r. F.] or
[G. Ti. I. J. K. respect-
to:wit. ively] all and singular the monies, securities for money,
chattels, or other property what-
soever (other than lands or any interest therein) to which the above
named defendant is beneficially
entitled whether solely or jointly with others and which are or is in the
custody or under the control of
the said [E: F.] or [G. H. I. J. K. respectively] at the time of your
serving him [or them] with this
writ and-also all debts due or accruing due from the sN,id [E. F.] or [G.
11. :. J. K.] or either of them; to
the above named defendant and you are hereby further commanded to summon
the said [E. F.] m
[G. Ii.' I: J. H. and each of them] that be [or they] appear before the
Court on the day of
then and there to be examined touching the premises, and further to do
and receive what the Court
shall then and there consider in this behalf, and have you then there
this writ.

Witness Judge of the said Court at Victoria the
day of 18

By order of the Judge,

Notice to be written under or endorsed upon or annexed to the wit.

Clerk.
ORDINANCE No. 1 OF 1871.

Supreme Court-Summary Jurisdiction.

Take notice that from the time of the service of this writ upon you all
such property as is mentioned
therein is to the extent of the defendant's interest in the said property
hereby attached in your hand,
and; subject to any ban& fide prior title. thereto or lion thereon, is
liable to the satisfaction of the
plaintiff's claim in this action. '
To Mr. E. I'. (or G. H. I. J. and h. severally.

[Sect ion 17 of this Ordinance to be endorsed on the writ.]

SECOND SCHEDULE.

A. B. .
[r»~ s Attorney.]

Form of Colonial TveaswrEr'a G'ertifloate under Ordinance No, 9 of 1869.

IN THE COURT OF SUMMARY JURISDICTION.
Ordinance No. 9 of 1569.

Nature and Particulars of Claims fur Crotvn Itcnt.

1 2 S 4 b
No. of Crown lot in respect Whether defendant is
Name of Amount of which the rent is clnimed. original lessee, orassignee For
what period the rent is
defendant. c:uimed, Term of lease. in possession ny purchase or claimed, and
when due.
mortgage.

lliztntre and Particulars of ,Claihtc for Poliae, Lighting, Miter , and-

fire Brigade Rates.

I 2 I 3 . - .~ b.
Name of Amount No. of tenement in respect Whether defendant is owner For
what period rates
defendant. claimed. of which rotes payable. or occupier. ' .claimed and when
due.

l1 ature and Particular p f Clavms fm, Spirit Licence Fees.

I ~ 2 ~ 3 . 4 . b
Name of ~ Amount Number, date and period Whether original licence For what
period, and
defendant. claimed. f licence. p or transferree of licence. Instalment,
entire fe or
instalment, and when~dne.
0IWINANCIi; No. 'i OF 18,71.

.Supreme Caurt-Summary Jurisdiction.

I hereby certify that-the several.peraons whose names are entered in the
first column :of the above
'schedule have made default in the payment to the Crown of the sums
appearing opposite to their
reypective names in the second column, and that the said persons are
severally liable to the payment
thereof in respect of the claims, the nature and particulars of which are
truly set forth opposite their
respective names in the third, fourth, and fifth columns.

' or (in suits for Crown rent,)

' 3, 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 Crown rent, and-1, 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.

THIRD SCHEDULE

COSTS OF ATTORNEY.

Colonial Treasurer,

eA-hearingfeo o£ $10 and $6.£or every $100 or part of $100 0£ the sum in
dispute, in excess of $200.

Par procuring the arrest-.of adefendant on a writ of ca, ad re., ... .
............... $10

Costs in Proiieetlamga for Attachment of Debts and in Farevgn Attachment,

Examination of each garnishee; ...... ........... : $5

Examination of judgment debtoi,
.......................................... , . :$fi

Every affidavit, ............ ................... : ,.$X

Every application to the Court, or in chambers, ........................ $5

.N..B.--The costs specified above shall cover all costs between party and
party except fees of Court
and other necessary disbursements and except counsel's fees when allowed.

Costs-of one. dayjs hearing only, to be allowed in each case, except by
special order of the Judge.

FEES OF COURT.

In Proceedings for Attanlamnnt of Debts and Foreign Attw.,hment.

an every
order of the Cour£,, .
, ....................... ......................... $1

Dp everi~;writ,-For each garnishee, , , , , $l

f'ounsel,
Attorney,

FOURTH SCHEDULE.

CpST.S.-BE.TWEliId 1'AItTY AND PARTY-OF SUMMARY TItIA7.S 13FFORLr THE
CHIEF JUSTICE UNDER THIS ORDINIANCE.

Snvrrmona in Chambers.

Costs of Hearing.

Counsel, , :

Attorney, $26, and $2.50.for every $100 or part of $loa of the sum in
dispute above $500.

..... , $2o to $1 OJ
No. 1 of 1871.

Supreme Court -- Summary Jurisdiction.

COSTS OF APPEAL TO THE SUPREME COURT TENDER SECTION 29 Oh` THE
PRINCIPAL ORDINANCE.

Attorney, $20 and $2.00 for every $100 or part.of $100 of the- sum in
dispute nbove.$200.

N.Il.-The costs specified in this schedule shall coverall
costs-,vhatever,under tlds Ordinance, escel>t
fees of Court and other necessary disbursements.

The delivery of a brief to a counsel shall operate as a retainer.

[Repealed by Ordinance No. 14 of 1878.]
1086
Title.
Preamble.
Interpretation clause.
1087
Repealing clause.
Declaratory as to section 34 of principal Ordinance.
Amending clause.
Parties to appear in person or by attorney.
Proviso.
Examination of Judgment debtor as to debts due to him.
[No. 6 of 1855, s. 51.]
Court may order an attachment of debts.
No. 6 of 1855, s. 52.]
Order for attachment to bind debts.
[No. 6 of 1855, s. 53]
Proceedings to levy amount due from garnishee to judgment debtor.
[No. 6 of 1855, s. 54.]
1088
Proceeding against garnishee.
[No. 6 of 1855, s. 55.]
Attachment book to be kept by the clerk by the clerk of the Court.
[No. 6 of 1855, s. 57.]
Actions of contract, detinue and trover.
Proceedings by foreign attachment.
Priority of writs.
1089
Property attached from service of writ, subject to prior title or lien.
Power to sell property attached, or dissolve attachment.
Penalty for disposing of property attached without leave of the Court.
Proceedings upon issue of writ.
Examination of garnishee.
Order thereon where defendant appears.
Defendant may appear and defend action.
Order for application of property where defendant does not appear.
1090
Property in hands of public officers.
Discharge of garnishee parting with property under order of the Court.
Cross action.
Equitable defences.
[No. 6 of 1855, sects. 71, 73, 74, and No. 5 of 1856, s. 7.]
Specific delivery of chattels.
[No. 6 of 1855, s. 66, and see No. 13 of 1864, s.3.]
1091
Account books.
Evidence by affidavit.
Matters of account.
The judge may order written statement and answer to be filed.
Power to re-open case.
Signature of Judge to precepts, &c., no longer required.
At request of the Judge, the Chief Justice may hear any case.
In certain case Chief Justice may order action to be tried in the
1092
Court of Summary Jurisdiction.
[30 & 31 Vict., c. 142 s. 7.]
Action for malicious prosection, &c., brought in Supreme Court may be remitted to the Court of Summary Jurisdiction by the Chief Justice.
[30 & 31 Vict., c. 142 s. 10.]
Suits under $500 by and against the Crown.
1093
Provisions as to splitting demands not to apply to Crown suits.
Form of certificate under Ordinance No. 9 of 1869.
Special bailiff under Ordinance No. 9 of 1867.
In certain case Chief Justice may order action commenced in the Court to be tried before him with a jury.
1094
Parties in actions above $500 and not exceeding $2,000 may apply for summary trial before the Chief Justice.
order thereon in discretion of Chief Justice.
Rules for such trials.
1095
Chief Justice may make rules, and vary scales fo costs.
Chief Justice must preside.
Consequences of not proceeding in the Court where practicable.
Proviso.
Fess of counsel attorney, &c.
Costs in attachment cases.
Costs on appeal.
Expenses of serving process.
Judge may regulate and vary scale of fees.
1096
Costs in Crown suits.
Question as to amount of fees to be determined by the Judge.
Security for costs.
Construction of Ordinance.
Ordinance not to be retrospective.
1099

1086
Title.
Preamble.
Interpretation clause.
1087
Repealing clause.
Declaratory as to section 34 of principal Ordinance.
Amending clause.
Parties to appear in person or by attorney.
Proviso.
Examination of Judgment debtor as to debts due to him.
[No. 6 of 1855, s. 51.]
Court may order an attachment of debts.
No. 6 of 1855, s. 52.]
Order for attachment to bind debts.
[No. 6 of 1855, s. 53]
Proceedings to levy amount due from garnishee to judgment debtor.
[No. 6 of 1855, s. 54.]
1088
Proceeding against garnishee.
[No. 6 of 1855, s. 55.]
Attachment book to be kept by the clerk by the clerk of the Court.
[No. 6 of 1855, s. 57.]
Actions of contract, detinue and trover.
Proceedings by foreign attachment.
Priority of writs.
1089
Property attached from service of writ, subject to prior title or lien.
Power to sell property attached, or dissolve attachment.
Penalty for disposing of property attached without leave of the Court.
Proceedings upon issue of writ.
Examination of garnishee.
Order thereon where defendant appears.
Defendant may appear and defend action.
Order for application of property where defendant does not appear.
1090
Property in hands of public officers.
Discharge of garnishee parting with property under order of the Court.
Cross action.
Equitable defences.
[No. 6 of 1855, sects. 71, 73, 74, and No. 5 of 1856, s. 7.]
Specific delivery of chattels.
[No. 6 of 1855, s. 66, and see No. 13 of 1864, s.3.]
1091
Account books.
Evidence by affidavit.
Matters of account.
The judge may order written statement and answer to be filed.
Power to re-open case.
Signature of Judge to precepts, &c., no longer required.
At request of the Judge, the Chief Justice may hear any case.
In certain case Chief Justice may order action to be tried in the
1092
Court of Summary Jurisdiction.
[30 & 31 Vict., c. 142 s. 7.]
Action for malicious prosection, &c., brought in Supreme Court may be remitted to the Court of Summary Jurisdiction by the Chief Justice.
[30 & 31 Vict., c. 142 s. 10.]
Suits under $500 by and against the Crown.
1093
Provisions as to splitting demands not to apply to Crown suits.
Form of certificate under Ordinance No. 9 of 1869.
Special bailiff under Ordinance No. 9 of 1867.
In certain case Chief Justice may order action commenced in the Court to be tried before him with a jury.
1094
Parties in actions above $500 and not exceeding $2,000 may apply for summary trial before the Chief Justice.
order thereon in discretion of Chief Justice.
Rules for such trials.
1095
Chief Justice may make rules, and vary scales fo costs.
Chief Justice must preside.
Consequences of not proceeding in the Court where practicable.
Proviso.
Fess of counsel attorney, &c.
Costs in attachment cases.
Costs on appeal.
Expenses of serving process.
Judge may regulate and vary scale of fees.
1096
Costs in Crown suits.
Question as to amount of fees to be determined by the Judge.
Security for costs.
Construction of Ordinance.
Ordinance not to be retrospective.
1099

https://oelawhk.lib.hku.hk/items/show/287

CROWN FEES ORDINANCE, 1870

Crown Fees.

No. 17 of 1870.

An Ordinance to empower the Governor in Council to reduce,
vary, and in certain cases to remit and refund the Amount.
of Fees payable for the Use of the Government of the
Colony.

[11th November, 1874.]

~HEREAS in certain cases no provision has been made for they
reduction and variation of fees payable to the use of the Govern-
ment of the Colony, by the provisions of the Ordinances imposing such:
fees, and it is expedient to vent in the Governor in Council the powers

- hereinafter mentioned: Be it enacted-by the Governor of F-Iongkonn, with
the advice of the Legislative Council thereof, as.follocvs:-
ORDINANCE 'No., 1? of L3r0.

Crown Fees.

1. This Ordinance may be cited as ''rhe Crown ,Fees Ordinance, , 'Short
Title.

N. Wherever under or by virtue of any Ordinance of the~Le islature
of Hongkonb, any= fees are or 'shall be made payable to a public officer
for
the use of the Gov ernment df the Colony, and ' no power is or shall be
given' by, such Ordinance to the Governor in Council, front time to time,
to reduce or vary the amesint of such fees, such power shall be deemed to
be vested in the Governor in Council by virtue of this Ordinance: Pro-
vided always that the provisions of this section shall not extend to fees
the amount of which a Judge has pourer to re ;elate by any rifle.or order,
of his Court.

3. -No fees shall be varied under this Ordinance so as to exceed the
original amount thereof.

4. Every reduction or, variation under this Ordinance in the amount
.of any fees, shall be made by' an order of the Governor in Council to be
published in the Gazette, and shall not take effect until the date of the
publication thereof as aforesaid.

~, It shall be lawful for the Governor in Council, if he shall in
his' rower to - ,
remit or
discretion thick fit, in any particular, etvse and on any special ground;
to refnrid fees i
remit the payment of any such fees as afbresaid, or to order the amount
special cases.
thereof, if paid, to be refunded.

NOTE.-For order made by the Governor in Council, the. 9th April, 1878,
under section 4 of ,
' The Crown Fees Ordinance, X 870,' as to fees in schedule B of.' The
Chinese
Passengers Ordinance, X87X,' see Gazette 12th April, 1878.

1'olror .to
Governor in
council to
reduce, vary
and remit fees
payable to the
tt,qe of the
Government:

Amount of
fees originally
fixed not to
be exceeded.

Power to be
exercised by
order in
Council to he
published in
the Gazette.

Order by the Governor in Council, under section 2 of Ordinance No. 17 of
1870,
the 12th of February, 1874. [Gazette 14th February, 1874.E

The~feeof one dollar payable to the officiating minister for a
certificate of baptism
-under section 9 of Ordinance No. 7 of I8M for registering births and
deaths in Hong-
kong'; and the like fee of one dollar payable under the same section to
the Registrar'
General or Registrar for registering the particulars of such baptism and
recording the
same upon the certificate, is hereby reduced to ten cents in each case.

Order by the Administwator in Council, the 8th of July, 18 75, under the
provisions
of section 2 of Ordinance No. 17 of 1870. Gazette 10th July, z875.]

The fee to be paid into the Colonial Treasury for a licence to keep's
billiard table
.or bowling alley, shall hereafter be fifty dollars:
No. 17 of 1870.

Crown Fees.

Order by the Admi7aiebrator in Council, the 24th of July, 1875, under the
provi<ziona
of section 2, of Ordinance No. 1 7 of 1870. [Gazette 31st July, 1875.

The fee for a passport issued under the hand of the Governor shah, until
further
notice, be two dollars.

.Regulations by the Governor in Council, under the Spirit Licences
`Ordinance,
21 of 1886, and under the Crown :Fees Ordincync~;' 17 , of 1870, the 23rd
July, and gazetted 24th July, 1880.

1. Intoxicating liquors bottled in the Colony may be sold under a
wholesale-;
licence, although the bottles are not contained in cases, provided not
less than twelve
quart bottles or twenty-four pint bottles of any one liquor are sold at
one time.

2, Whenever no special provision has been made in the 'Spirit Licences
Ordinance,
1886,, for the transfer of any licence, such licence may be transferred
by the endorse-
n%nt of the officer who issued it, or by the issue of a fresh licence by
him.

The fee of X10 for each licence for an eating-house imposed by section 31
of
vernarned 0-ridinarice is hereby remitted in the case of eating-houses
for Cliinesaw
1084

Title.
Preamble.
1085
Short Title.
Power to Governor in Council to reduce, vary and remit fees payable to the use of the Government.
Amount of fees originally fixed not to be exceeded.
Power to be exercised by order in Council to be published in the Gazette.
Power to remit or refund fees in special cases.
1086

1084

Title.
Preamble.
1085
Short Title.
Power to Governor in Council to reduce, vary and remit fees payable to the use of the Government.
Amount of fees originally fixed not to be exceeded.
Power to be exercised by order in Council to be published in the Gazette.
Power to remit or refund fees in special cases.
1086

https://oelawhk.lib.hku.hk/items/show/286

BREACH OF CONDITIONAL PARDON ORDINANCE

Breach of Conditional Pardon,.

No. 16 of 1870.

An Ordinance to provide for the Trial and Punishment of Offenders, not
being objects of China, to whom a Pardon has been granted under
Ordinance No. 1 of 1860, and who may be found at large within the
Colony, in Violation of the Condition of such Pardon.

(11th November, 1870.)

WHER EAS the provisions of Ordinance No. 7 of 1870 for,the trial and
punish-
ment,of offenders, to whom a pardon has been granted under Ordinance No.
1 of 1860, and who may be found at large within the Colony in violation
of the condi-.
tion of such pardon apply only to subjects of China, and it is expedient
to provide for-
the trial and punishment of similar offenders, to whom the said
provisions do not apply:
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative Council'

thereof, as follows:-

1. 1. Suction 2 of Ordinance No. 1 of 1860, is hereby repealed.
Punishment 2. If any offender, to whom a pardon shall have been granted
under Ordinance
for breachof
eonatciono No. 1 of 1$fi0, on condition of his quitting the Colony, be
afterwards found at large
na11 mon; , therein, without lawful cause arid in violation of such
condition, lie shall, upon con-
,wiction thereof Lefore tho Supreme Court, be liable in the discretion of
the Court to
any sentence hot eaceediug the whole of his original or commuted sentence.
Applacation - 3. The provisions of this Ordinance shall not apply to
subjects of China, but in,
of Ordinance.
Burden of proof case any question shall arise as to the nationality of
'the prisoner, the burden- of proof'
shall lie upon him.

Repealed by Ordinances No. 5 of 1871 and No. 8 of 1882.]
1084
Title.
Preamble.
Repeal.
Punishment for breach of conditional pardon.
Application of Ordinance.
Burden of proof.

1084
Title.
Preamble.
Repeal.
Punishment for breach of conditional pardon.
Application of Ordinance.
Burden of proof.

https://oelawhk.lib.hku.hk/items/show/285