PROMISSORY OATHS ORDINANCE, 1869

Promissory Oaths.

No. 4 of 18689

An Ordinance to amend the Law relating to 'Promissory Oaths.'

[24th September, 1869]

WliEREA:S it is expedient to amend the law
relating to promissory
oaths: Be it enacted by the Governor of Hongkong, with the

:advice of the Legislative Council thereof, as follow$':-_

.- 1, This,Ordinance may be cited for all purposes as the Promissory

Oaths Ordinance, 1869.'

rorivof:QAth Pq; The oath in this Ordinance referred to as the oath of
allegiance
of aIZegia'cesW1-be-in the for iii following ; : that, is to say

~~ I do swear that I will be faithful and bear

true allegiance to Her! Majesty Queen Victoria, Her Heir s and
Successors, according to law. So help me God.' .

3, The oath in this Ordinance referred to as the official oath shall be

17.i1 -;oanu~ .
in the form following; that is to say

~~ .I: do swear that I will well and truly serve

Her Majesty (queen Victoria in the office of
So help me God.'
ORDINANCE ?~:o. ~-4 OF'1869.

Promissory Oaths.

4. The oath in this Ordinance referred to as the judicial oath shall
Fo,ni of

jndioial oath::,

be in the form following ; that is to say

' I , do swear that I will well and truly serve
our Sovereign Lady Queen Victoria in the office of
and I will do right to all manner of people after the laws
and usages o£ this Colony, without fear or favor, affection or ill
will. So help me God.','

A The oath of allegiance and official oath shall be taken by each of
rErRoneto`

takEtnE

the officers named in the first part of the schedule annexed hereto as
soon official oath

and the oath
as may be after his acceptance of office, and such, oaths shall be
tendered - of allegiance.
'by the officer, and in the manner in that behalf mentioned in the -said
°first part of the said schedule.

6, The oath of allegiance and the judicial oath shall be taken by Persons
to
take the oath.
each of the officers named in the second part of the schedule hereto as
of allegiance

ana the
soon as may be after his acceptance of office, and such oaths shall be
inaieiai oath.

tendered by the officer, and in the manner in that behalf mentioned in the

-said second -part.of the said schedule.

''~. `Members of the Executive Council shall take the oath
- L%EOl'1t1VE .

gianee and an oath of fidelity in tlle'discharga of-their. duties' in the
forrri,; '-dou~omors''following; -that is to say

«I

being chosen and admitted -of 14er

Majesty's Executive Council in this Colony, do swear that I
will, to the best of my judgment at all times when thereto
required, freely hive my counsel and advice to the Governor,
Lieutenant-Governor, or Officer Administering the Government
of this Colony for the time being, for the good management of
the public affairs of this Colony: that 'I will not directly or in-
directly reveal such matters as shall'be-debuted in Council and,
committed to my secrecy, but that hwil-l in all things be a true
=and faithful councillor. , So-helpme -Cod.'

The said oaths of allegiance and fidelity shall be tendered by the
Governor.

$. Members of the Legislative Council shall take the oath .of alle-
iarice only, and the same shall be tendered by the Governor.

9. The -Clerk of the -Councils shall take the oath of a1aegiance.ancl

,an oath of secrecy in the fbrm following; that is tovsay:.

Oath of
Legislative
Councillors.

Oaths 4 the
Clerk of the
Councils.'
0&tii of aliens
on naturaliza-

ORDINAV'CE No. 4 of 1869.

Promissory Oaths:

having been appointed Clerk. of the

Councils in this Colony, do swear that I will not directly ,or
indirectly reveal such matters as shall be debated in the
Executive Council and committed to my secrecy. So help
me God.'

The said oaths shall be tendered by the Colonial Secretary.

10. Aliens on naturalization shall take the oath of allegiance onI ''IR

and the same shall be tendered by the Clerk of the' Councils in tl
presence of the Colonial Secretary.

11. If any person declines or neglects when any oath or affirmation
required to be. taken or made by him under this Ordinance is duly
tendered he shall, if he has already catered on his office, vacate ; the
same, and if he has not catered on the same be disqualified from entering
on the same; but do person shall be compelled 'in respect , of the same =.

oointinent to the same office to take such oath or make such affirmation.-

any'.!-.1- ien -~y`ho .` shall have--applied for a certificate of .natura
lization-shall°decline u~ ~'rieglect to take the oath or make the
affiritatiot~ ,
required -to-be taken ~or made,, by him under this Ordinance when dn'1Y- -r
tendered, be shall >be disq~iali(ied from obtaining the said certificate
arid,-_,
if the same shall have been already granted, it shall become ipso

.void.

o£-allegiance, -
anprem6,cy; .
and abjAra-
tion:

The narxle of
the Rovereign
f4,the time
~ieirig_to be-
c,u'.sediri-the
oath. -:.; .

:P~v'i~r~iin
fawtixof
persdus

Permitted, .
to znk~ke

13; Where previously to the passing of this Ordinance. the taking
of the oaths of allegiance, supremacy arid abjtxnation, or any two or one
of such oaths, .or any oath substituted therefor; formed a condition

precedent or subsequent to the attainment .by any person of any, office,
prvilene, civil rights, exemption or other benefit, there shall be
substituted
for such-.oaths or any two or one of them, or for 'such substituted oath;

the oath o£ allegiance prescribed by this Ordinance.

14. Where in . any, oath under this, Ordinance the name ofsHer-AM
present Majesty is expressed,, the name of the Sovereign for the

bein ; shall be substituted from tune to time. __

15, When an oath is.required to be taken under this Ordina~ce
every person for the time being by haw permitted to make a solemi

a#flrmation ox declaration - instead of. taking an oath may -instead : of
<.taking such oath, make a solemn affirmation in the form of oath here by-
No. 4 of 1869.

Promissory Oaths.

appointed substituting the, words 'solemnly sincerely and truly declare
aid affirm' for. the word 'sear' and on1ittincr the words 'So hells
me God. '

SCHEDULE.

First Part.

The Governor, Lieutenant-Governor, or Officer ~ The oaths to be tendered
by the - fV ttr~enr4

Administering the Government, Chief Justice:
The Colonial Secretary,

The Attorney General,
The Colonial Treasurer,
The Auditor, General,

The Chief Justice,

Second part.

The Puisne Judges,
The Judge of the Court of Summary Jurisdic-
tion,
The Registrar General,.
The Magistrate's of Police,
The Justices of, Peace;

The Marine Magistyte, ,
The Coroner,
The Sheri,~,

No. b 0f 1869.

The oaths to be tendered by the
Governor.

The oaths to b® tendered by the
Governor.

,The oaths ,ta be tendered by the ::

-Clerk. 4the ;.CpunGils m tlio'nresenaE of the'GoP~rnor

Co'url and °thi,

Itegfiatrars' ixa
annded.6 --YZ VIM. ~.:o

1030

Title.
Preamble.
Short title.
Form of oath of alleriance.
Form of offcial oath.
1031
Form of judicial oath.
Persons to take the official oath and the oath of allegiance.
Persons take the oath of allegiance and the judicial oath.
Oaths of Executive Councillors.
Oath of Legislative Councillors.
Oaths of the Clerk of the Councils.
1032
Oath of aliens on naturalization.
Penalty for not taking required oath.
In case of aliens on naturalization.
Oath of allegiance herein prescribed to be substituted for oaths of allegiance, supremacy, and abjuration.
The name of the Sovereing for the time being to be used in the oath.
Provision in favor of persons permitted to make affirmations.
1033
[ * Repealed by Ordinance No. 2 of 1887.]
[ * 'Registrar of the Supreme Court and the Deputy Registrars' as amended by No. 2 of 1887.]

1030

Title.
Preamble.
Short title.
Form of oath of alleriance.
Form of offcial oath.
1031
Form of judicial oath.
Persons to take the official oath and the oath of allegiance.
Persons take the oath of allegiance and the judicial oath.
Oaths of Executive Councillors.
Oath of Legislative Councillors.
Oaths of the Clerk of the Councils.
1032
Oath of aliens on naturalization.
Penalty for not taking required oath.
In case of aliens on naturalization.
Oath of allegiance herein prescribed to be substituted for oaths of allegiance, supremacy, and abjuration.
The name of the Sovereing for the time being to be used in the oath.
Provision in favor of persons permitted to make affirmations.
1033
[ * Repealed by Ordinance No. 2 of 1887.]
[ * 'Registrar of the Supreme Court and the Deputy Registrars' as amended by No. 2 of 1887.]

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DISTILLATION OF SPIRITS ORDINANCE

Distillation of Spirits.

No. 3 of 1869.

An Ordinance to empower His Excellency the Governor in Council to
grant Licences for the Distillation of Spirits and the Rectifying and
Compounding thereof within the Colony.

(24th September; 1869.]

WIiEREAS by Ordinance No. 8 of 1894the distillation of spirits and the
recti. Preamble.

Eying and compounding thereof within the Colony are absolutely prohibited,
-a,ndt is expedient that the same should'lie permitted sivbject to,
certain conditions and
.restrictions: Be it enacted by the Governor of .I3ongl:ong, with
the'advice- of the Zeais-
3vtice Council thereof, as follows:-
No. 3 of 1869.

Distillation of Spirits.

1. From and after the passing of this Ordinance it shall be lawful for
the Governor
in Council from time to time to grant ~licevces for the distillation,
rectifying and com-
pounding of spirits within the Colony, to such persons, for such
considerations and
upon such conditions and for such periods as he shall think fit.

2, It shall be lawful for the Governor in Council from time to time to
frame
regulations to be published in the Gazette respecting the distillation,
rectifying and
compounding of spirits under such licences as aforesaid, and from time to
time to repeal
or vary the same; and the said regulations may. be enforced by such'
penalties as shall
be specified therein; Provided that no such penalty shall exceed the sum
of five hundred
dollars. '

3. All penalties under this Ordinance may be recovered in a summary manner
before a Magistrate of Police and shall not -affect any, condition for
the forfeiture or
cancellation of the licence subject to which the namo may have been
granted.

[Repealed by Ordinance No. 21 of 1886.]
1029

Title.
Preamble.
1030
Governor in Council may grant licences for the distillation, &c., of spirits.
Governor in Council may frame regulations and enforce the same by penalties.
Recovery of penalties.

1029

Title.
Preamble.
1030
Governor in Council may grant licences for the distillation, &c., of spirits.
Governor in Council may frame regulations and enforce the same by penalties.
Recovery of penalties.

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CRIMINAL LAW AND PROCEDURE ORDINANCE

Criminal Law and Procedure.

No. 2 of 1869.

An Ordinance to make further provision in relation to Criminal
Law and Procedure.

[24th September, 1869.]

WHEREAS it,iseYpedieut to make further provision in relation to
criminal law, and procedure : Be it enacted by the Governor, of
Hongkong, with the advice of the Legislative Council thereof, as follows :--

1. Sections 3, 4 and 5 of Ordinance No. 3 of 1865 are hereby
repealed.
ORDRNA\IGE,No. 2'oF 169.

Criminal Law and Procedure.

2: The, ordinary sessions for the despatch of the criminal business
of the Supreme Court shall commence on the eighteenth day of every
month (except during vacation) or if the eighteenth day be a dies 92021
then, on the lawful day next following. Provided always that the Chief
Justice may, upon due notice thereof being gig=en, from time to tune`
change the day so appointed, and may hold at any time a special session
in addition to the ordinary sessions whenever it may be necessary or
expedient so to do. °

3. For the purpose of bringing :any criminal case under the cogni-
zance of the Supreme Court, an information signed by the Attorney General
or in certain cases by the Colonial Secretary as hereinafter provided,
shall

be as valid and effectual in all respects as an' indictment presented by u
grand jury.

as Valid as

tresentnient
y grand jury.

4~, In case the Attorney General shall at any tune be unable to sign
uoiontftl

s~or~t.aay nay

such information by reason of illness or any other .sufficient cause, it
shall sign, iucertain

be lawful for the Governor to direct that the same he signed by the cases.
`'Colonial Secretary.

Every information shall, bear date on the, day, when the same is

;ned, and with
to adapt it to the circumstances of each f use, may - be in, 'I he follo°

IN THE SUPREME COURT OF HONGKONG.

The day of ~ At the General Criminal Session of the Supreme Court holders
at

18 Victoria for the mouth of 18 ., , [or in, case, of .a F

special eession.1 At the Special Criminal Session of. the Supreme
Court holders at Victoria on the day of , 18 ;

The Court is informed by the Attorney General [or Colonial
Secretaiy] on behalf of our Lady: the -Queen, that A. B. did- felo.
iliously'etdal, take, and carry awry- [ -: . , - _ ~ _ the .property of
C,. D. at Victoria, in this Colony on-_t>le. day of
18 . -

And- if -there be~ more than one count, -then the second and every subse=.
went count; if any, may with the like additions end modifications, be in.
the-follo~Tn, form':,

And also that the said A. B. feloniously wilfully and of his, malice
aforethought, -did.hill and -murder one -C..D. at Victoria, in this

Colony on the day of
as money.
t ~9vis 14 and
15) Jro. ion

UIt-DINAN_CE:-1d: 2:orw.1869.

Criminal Law and Procedure.

- 6. In every information~.in which it shall be necessary to make.ar;y

averment. as to any money or, any note of the Bank of England or any
oilier hank it shall be sufficient to describe such money or bank note,
simply as money without specifying any particular coin or banknote ;
and such allegation so far as regards the description of the property
shall.

bisu .4

stained by proof of any amount of coin br of any bank note, althoug
the particular species of coin, of which such amount was composed, or-
the particular nature of the bank note, shall not be proved, and in
cases.-
of embezzlement and obtaining money of bank notes by false pretences, by
proof that the offender embezzled of obtained any piece of coin or any
bank note, or any portion o£ the value thereof, although such piece o£
coin or bank note may have been delivered to him in order that, some
part -of the value thereof should be returned to the party delivering the
aarfte, or to any other person and such part shall have been returned
acqordingly.

_ .;N, 7, Whenever any person shall be convicted of any one of the
offences.

xo~°~sam x~

,~,e~.~,i~mi~. following as au indictable misdemeanor; that is to say,
any cheat or fraud

`ishable at c mmo aw; anv conSD V to Cheat or defraud. or to

un o n I irac

extort money or goods, or falsely to accuse of any crime; or: to obstruct;
,prevent, pervert, or: defeat the course of public justice; any escape or~
rescue from lawful custody, on a-triminal charge; any public and indecent
exposure of the person; Rny, public selling, or exposing for public sale
or'
tu_public view, of any obscene book, print, picture, or other indecent

£~;' exhibition, it shall be lawful for the Court to sentence the offender
to be

~irnprisoned for any term now warranted by law, and also, in its
discretion,
to -be kept to hard labour .during the whole or, any prim of such term of

iiziprisonment.

Crown caseThe Chief Justice may iii his discretion reserve for further
con-
-,

''e'(crj°`t = sid,r4tion any question of late which may arise upon the
trial of

any
information and in case the person tried shall be convicted, inay postpone
judgment until.such question shall have been considered and derided,
and in the meanwhile, array commit the person convicted to prison or take
a recognizance o£ bail with one or two sufficient sureties and in such sum
,,Is he shall think fit conditioned -to appear at such time or times as
-he~
s,hall direct and to receive judninerlt; ~artd upon such further
consideration
caf=`tle question so reserved as aforesaid. it shall be lawful for the
Chief
Justice to affirm or quash the conviction.
No. 2 of 1869.

Criminal Law and Procedure.

9. Whenever any person charged before a Magistrate with any, crime
-or offence shall be committed for trial 'at the Supreme Court and the
Attorney General shall be of opinion that further investigation is
required
before such trial, or that the case is one which should be determined in a
summary manner by a Magistrate or by two Magistrates sitting together
under the provisions of Ordinance No. 1 of 1863, it shall be lawful for
the Attorney General to direct that the original depositions be returned.
to the .committing Magistrate who may thereupon re-open the case and
deal with it in all respects as if such person had not been committed for
trial, and if the case be one which may be tried in a summary planner lay
the Magistrate or by two Magistrates sitting together, it may,' if thought
expedient, be determined accordingly.

10. Whenever 'any person who shall have been committed to prison by the
Coroner charged by the verdict of the Coroner's jury with the crime of
murder or
ma.nslaugbter shall also be charged before a. Magistrate, with the same
crime, it shall
be lawful for the Magistrate, in case he shall admit such person to bail
upon such
charge, to order the Superintendent of victoria Gaol ,to discharge such
person from
custody under the Coroner's committal, and such person shall be
discharged accord-
ingly. [Repealed by Ordinance No. 17 of 1888.1

11. The Registrar of, the, Supreme Court for the time;beirig
sballea,'sti<~ of
~LOwn a:~c
officio be 'Master of tire Crown office-'-?1withiTi thi's:=Colon:,
r~

12, `This Ordinance and Ordinance To: 3 of 18fa~ shall be
'Constrted a=rTOeto
be consti~ed
together and for all requisite purposes- be deemed arid talteras .oneiff
~`o. a or
er_

Ordinance, and nothing therein contained sball affect .any other forin`of
criminal procedure which may now by lai~ exist in the Colony.
1026

Title.
Preamble.
Repealing clause.
1027
Criminal sessions.
Information as valid as presentment by grand jury.
Colonial Secretary may sign in certain cases.
Form of information.
1028
Coin and bank notes may be described simply as money.
[See 14 and 15 V. c. 100 s. 18.]
Punishment for certain indictable misdemeanors.
[See ibid s. 29.]
Crown cases reserved.
1029
Power to Magistrate to re-open a case committed for trail in certain cases.
Ball on committal by Coroner in certain cases.
Master of the Crown office.
Ordinance to be construed with No. 3 of 1865.

1026

Title.
Preamble.
Repealing clause.
1027
Criminal sessions.
Information as valid as presentment by grand jury.
Colonial Secretary may sign in certain cases.
Form of information.
1028
Coin and bank notes may be described simply as money.
[See 14 and 15 V. c. 100 s. 18.]
Punishment for certain indictable misdemeanors.
[See ibid s. 29.]
Crown cases reserved.
1029
Power to Magistrate to re-open a case committed for trail in certain cases.
Ball on committal by Coroner in certain cases.
Master of the Crown office.
Ordinance to be construed with No. 3 of 1865.

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VACATION ORDINANCE, 1869

Vacation.

No. 1 of 1869.

An Ordinance to make further Provision in relation to the Vacation of
the Supreme Court and the Transaction of Business during the same
in certain Cases.

24th September, 1869.

WHEREAS it is expedient to make further provision in relation to the
vacation
of the Supreme'Court*and the transaction of business during the same in
certain cases: Be it enacted by the Governor of Hongkong, with the advice
of the

Legislative Council thereof, as follows:-

This Ordinance may, be cited ,as the « Pacationi Ordinance, x$69.'

2. Ordinance No.~ll of 1865, is hereby repealed:.

t3.:-From arid after the passing of -thin Ordinance, there sslt-~fl :be
two=peiiods off.; . s~

vacation foi the Supreme Court in each year, that is to say, a -summer
vacatioix
between the dates hereinafter mentioned, and a. winter vacation of one
zuonth.

4. The summer vacation shall commence on the evening of the twentieth day
of
August in each year and end on the morning of the twelfth day -of October
then next-:
following. The month'of February shall be the winter vacation month.

5, Except as hei=einafter zneutioned, no business shall be transacted by
the Supreme
Court Pr the offices connected4lzerewiGh,~during vacation: y - y

8: The Supreme Court and the offices connected therewith sh-all be open
during
vacation, for the purpose of holding any special criminal session and
also for the

purpose of granting interim inj uuctions and dissolving the same, issuing
writs, receiving;:
-petitiona and of completing any criminal, sessions or; by leave of the
Court, any, civil
business actually, commenced before .the first day of vacation.

7. It shall be -lawful for the Chief Justice, if he shall think , fit,
whenever it shall Chief anet~Ce`',~
may pertoit any
appear to him expedient that any other. civil. business should be
transacted during ring ~ bet: nO t3r:
vacation although not actually commenced before the first day thereof, to
make an
Vacation.

No. 1 of 1869.

order permitting the same to be so transacted, and every act or thing done in pursuance
of such order shall be as valid as if done out of vacation. Provided that no such order
shall issue except with the consent of all parties who might in the opinion of the Chief
Justice be prejudiced thereby.

8. Judgment map be signed during vacation by leave'of, the Chief Justice upon
such terms and conditions as he may think fit.

9. It, shall be lawful for the Judge of the Court of Summary Jurisdiction
during -
vacation in case of. the temporary absence of the Chief Justice from the
Colony, or such 4;

other fit person as the Governor may appoint for that purpose, to hold a
special criminal.
session if the Governor shall so direct; and also for the Judge of the
Court of Summary
Jurisdiction to exercise without aam direction from the Chief Justice in
that behalf all
the powers vested in him by, section $4 of Ordinance No. 7 of 1862 in
respect of any
civil ['or criminal' as amended by Ordinance No. 1 of 1871) business
originating in the
Supreme Court; but subject always, as to such civil ['or criminal' as
amended -by.
Ordinance No. 1 of 1871] business, to the provisos and 'exceptions in the
said seetio:i
co ntained and to tie provisions of this Ordinance.
r

1-C, The periods of the vacation of the Supreme Cgurt may be varied from
trine
to trrxie by a' rule of d`ourt to.. be inade by the Chief Justice, and
approved by,= 4lie
Legislative Council in the'manner provided by.Ordinanca No.-4-of 1857.,

11; This ,Ordmanee shall come into force and take effect on such day as
shall-
hereafter be freed by pioclamaation under the hand of the Governor.

(In force from 25th September, 1869, under proclamation of same date.
Repealed by Ordinance No. 12 of 1873.)
1025

Title.
Preamble.
Short title.
Repealing clause.
Summer and winter vacations.
Periods of vacations.
Transaction of business in vacation.
What business may be transacted.
Chief Justice may permit any other civil business to be transacted in vacation.
1026
Proviso as to consent of parties.
Signing judgment.
Power of Judge of Court of Summary Jurisdiction in vacation.
The periods of vacation may be varied by rule of Court.
Commencement of Ordinance.

1025

Title.
Preamble.
Short title.
Repealing clause.
Summer and winter vacations.
Periods of vacations.
Transaction of business in vacation.
What business may be transacted.
Chief Justice may permit any other civil business to be transacted in vacation.
1026
Proviso as to consent of parties.
Signing judgment.
Power of Judge of Court of Summary Jurisdiction in vacation.
The periods of vacation may be varied by rule of Court.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/258

TREASONABLE OFFENCES ORDINANCE

Treasonable Offences.

No. 15 of 1888.

An Ordinance to assimilate the Laws of this Colony respecting
Treasonable Offences to the Law of the United Kingdom.

[21st November, 1868.]

WHEREAS it is expedient to assimilate the law of this Colony
respecting treasonable offences to the law of the United Kingdom:.

be it enacted by His Excellency the Governor of F3onghona, with the
advice of the Legislative Council thereof, as follows:-
ORDINANCE No., 1'5 °ot? 1868.

Treasonable Offences.

o 1. Ordinance No. 13 of 1868 is hereby repealed except .so far as the
same repeals Ordinance No. 8 of 1868. -

2. From and after the passing and coming into operation of this
Ordinance the provisions of an Act of the Imperial Parliament passed in
the thirty-sixth, year of the reign of King George the third, chapter
seven, made perpetual by an Act of the Imperial Parliament of the fifty-
seventh year of the. same reign, chapter six, and all the provisions of
the
last mentioned Act in relation thereto, save such of the same respectively
as relate to the compassing, imagining? inventing, devisirin, or,
intending
death.or destruction, or any bodily harm tending to death or destruction,
maim or wounding,, imprisonment, or restraint of the Person of the Heirs,
and Successors of His said Majesty King George the third,, and the ex-
pressing, uttering or declaring of such compassin gs, imaginations; inven-
tions, devices, or intentions, or. any of .them, shall cease to be of
force in
this Colony.

3. If any person whatsoever after the passing and coming into opera.
Lion of this Ordinance shall, within this Colony, compass, imagine,
invent,
devise, or intend to-deprive or depose our 'Most. Gracious Lady the:
(Queen, Her Heirs or Successors from the styli; honei, or; royal -n a tne
of
the Imperial Crown'of the.UnitedKinndozn' or of any other ofHer )fajesty'
,-
dominions or. countries, or to levy warsgainst~ Her-Majest ; Her- Heirs
°or
Successors within any part of the United Kingdoii in order,

by . force' or.
constraint -tb compel Her or Them to ebane Her or -Their lxitasures or
counsels or in order, to put any force or constraint upon, or in order`.
to
intimidate or overawe both Houses for either House of the Imperial Parlia-
ment, or to move or stir any foreigner . or, straner with forceJ6 invade
the United Kinadom, or any.other- Her Majesty's- dotninions or countries
under the -.obeisance . of Her Majesty, Her: Heirs ~'or Successors, and
such
compass mgs,_ imaginations, inventions,- Aevices;-br intentions, or any of
thenz4halL-express with, or deciare.by!publishing;any printing or writing
,or::by_:1open, and:advised speaking or' by-any overt actor deed, every
person=
so offending shall be guilty of felony,-and being convicted
thereof,,-shall
be liable; at the discretion of the Court, :to be kept in penil servitude
for
life, .ol Tor,apy term not less than seveil years, or to be imprisoned
for:any
term not exceeding_ taco years, with or without hard labor, and ,with or

without el , solitary ,confinement..

Re of

o%

nance -
No, 13 of 1583:

Provisions -of
3G' Geo. 3, -
chap. 7, and
57 Geo..3,
chap, 6 not to
be of force in
this Colony,
except as to
offences
against the -
Person of the
Sovereign.
warrant

.issued, dzc.

for felony
andei this
Ordinance - -
valld thQ;a--
the faots may
rimount to
treason. ,

p-arc
~iti~ent
ref awesetiries-
before=aiia:.- .
af tcr;tle, fact.

ORDINANCE ~ o. 1 5 of 1868.

Treasonable Ofences.

4. Provided always that no person shall be prosecuted for any felony,
by virtue of 'this Ordinance in respect of such compassings, imaginations,
inventions, devices or intentions as aforesaid, in so far as the same are

expressed, uttered, or declared by open and advised speaking only unless

information-of such compassings, imaginations, inventions, devices, and
intentions, and of the words by which the same were expressed, uttered,
or declared shall be given upon oath or declaration to one or more Justice
or Justices~af the Peace within six days after such words shall have been
spoken, and unless a warrant for the apprehension of the person by whom
such words shall have been spoken, shall be issued,'rithin ten days next
after
such information shall have been given as aforesaid, and that no person
shall be convicted of any such compassings, imaginations, inventions;
devices, or intentions as aforesaid, in so far as the same are expressed,
uttered, or declared by open or advised speaking as aforesaid, except upon
his own confession in open Court, or unless the words so spoken shall be
proved by two credible witnesses.'

G. It sball be lawful in any.information for any felony vender this
Qlrdi.riia,nce, to charge against the offender any number~of the matters,
acts,
ox deeds, by which such gorilpassio gs, imaginations, inventions; device;

I intentionE d

r as aforesaid, or any of tbem, sball have been expresse.
uttered; or declared.

$. Provided always that nothing herein contained shall lessen the
,force of, or in any manner, affect anything enacted by the statute
passed.
in the twenty-fifth year of Icing Edward -the third;-A declaration which

ezees hall be adjud
? S ged'Trea'son-

7. If the facts or natters alleged in an information for any felony
under.this Ordinance, shall amount in law to treason such information
hall not by reason thereof, be deemed void, erroneous or defective ; and
if the facts or matters proved at the trial of any person charged with
-any
felony' under this Ordinance, shall amount in law to treason, such person
shall not, by reason thereof, be entitled to be acquitted of such felony,;
but no person tried for such felony shall be afterwards prosecuted, for:
treason upon the same facts.

$. In the case .of every felony punishable under this 0'rdiiiancel,
every principal in the second degree and every accessory before the fact
shall be punishable in the same manner; as the principal in the first
degree.

xs by this Ordinance punishable; and every accessory after the fact to and
No. 15 of 1868.

Treasonable Offences.

such felony shall, on conviction, be liable to be imprisoned with or
without
hard labor, and with or withoux solitary confinement, for any term not
exceeding two years.

$. This Ordinance shall commence and take effect on such day as

ment of . .
shall hereafter be firmed by proclamation under the hand of the Governor.
ora,nance:,

[In force from 21st Noventber, 1868, by proclcntation of same date.]
1022
Title.
[Sec 11 and 12 V. c. 12.]
Preamble.
1023
Repeal of Ordinance.
No. 13 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6 not to be of force in this Colony, except as to offences against the Person of the Sovereign.
Offences declared felonies by this Ordinance to be punishable by penal service tude or imprisonment.
1024
Time within which prosecution shall be commenced, warrant issued, &c.
In informations more than one overt act may be charged.
Nothing herein to affect 25 Edward 3 , chap. 2.
Informations for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
1025
Commencement of Ordinance.

1022
Title.
[Sec 11 and 12 V. c. 12.]
Preamble.
1023
Repeal of Ordinance.
No. 13 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6 not to be of force in this Colony, except as to offences against the Person of the Sovereign.
Offences declared felonies by this Ordinance to be punishable by penal service tude or imprisonment.
1024
Time within which prosecution shall be commenced, warrant issued, &c.
In informations more than one overt act may be charged.
Nothing herein to affect 25 Edward 3 , chap. 2.
Informations for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
1025
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/257

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1869) ORDINANCE

Revenue.

No. 14 of 1868.

An Ordinance to apply a Sum not exaeeding Eight hundred and Thirty-
seven thousand Dollars to the Public Service of the Year 1869.

[13th October, 1868.]

WIIEREAS the expenditure required `for,ihe service of this Colony for the
year rr~ami~m

1869,.has,been, estimated at the sum of eight hundred and Thirty-six
thousand
five hundred and twenty-four dollars and sixty cents: $e it enacted by
the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows:-.

1.wA-sum not exceeding eight hundred and, thirty-seven thousand dollars
shall. f?e;, . Estimate%,=is
end the. same.is herebv.charged upcn~,the revenue of :this Colony for the
servile of the

year 1869; and the saia_sum so charged shall be expended as hereinafter
specified; that
is to say.:
No. 14 of 1868.

Revenue.

CIVIL ESTAI3LISFIbIE~1VTS':=

Colonial Secretary; ............................................ ........

Colonial Treasurer,
...............................................................
Auditor General,
..................................................................

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

Surveyor General, . ,

Postmaster General, ........ n ,

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

Harbor Master and Emigration Oflieer, :
C'oll'ector o Stamp Revenue I
JUDICIAL ESTABLIStIITENTS, . .

REGISTRAR. OF COMPANIES, , :

ECCLESIASTICAL ESTABLISHMENT, ....................................
EDUCATIONAL ESTABLISIIMENT, .......................................

MEDICAL ES'i'ABLISIIMENT, ,

POLICE MAGTSTRATES, ,

c.
4$0:00

15,?72.00

6,216.00

11.,24'7.00

100.0©

19,696.00

34,365.00

8,124.00

26,141.60

4,Gdo:oa

9,326:00

21'1.00

1,134.00

13,192.00

21,002.0(T

6,344.00

i'OLICE, ............... ....................... , , 183,492.00

GAOLS, ..... - .:, , , ., .................. r : :

FIRE I3RIGADE, * ,:., ,

CHARITABLE 'ALLOWANC4,
TRANSPORT, ..

WORKS AND BUILDINGS,
......................................................

ROADS, STREET$, .AND BRIDGES;. ..........................

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

LAND AND HOUSES PURCIIASED,

SPECIAL EXPENSES, ...

42,1'76:00
7,000.00
500.00
3,500:00
190,000.00'
55,000.00°
27,700.00
10,000.00
45,000.00

MILITARY CONTIIIBUTIO\T,.: 94,200.00

TOTAL :.$836,524.60

[Repealed b~ Ordinance No. 4 of 1887.E
1021

Title.
Preamble.
Estimates, 1869.
1022

1021

Title.
Preamble.
Estimates, 1869.
1022

https://oelawhk.lib.hku.hk/items/show/256

TREASONABLE OFFENCES ORDINANCE

Treasonable Offences.

No. 13 of 1868.

An Ordinance to assimilate the laws of this Colony respecting Treasonable
Offences to the Law of the United Kingdom.

[13th ',October, 1368.]

WHEREAS it is expedient to assimilate the law of this Colony respecting
treason- -
able offences to the. Law of the TTnited Kin;dom: Be it enacted by His .:
Excellency the Governor of Hongkong, with ,the advice of the Legislative
Council
:thereof, as follows:-

Ordinance No. 8 of 1868 shall be and-the same hereby is repealed.

2. From and after the passing amid colninb into operation of this
Ordinance the
,grovisi_Qns of an Act of, the Imperial Parliament passed in the
thirty-sixth year of the
reign of King George tlio third, chapter seven, made.perpetu~l-by. an Aft
of the
felonies by this

ordinance to be

ydnix'hsble by

))'al servltnde:

odiyprtsonmont,

ORDINANCE'. N613 ox 1868.

'L'reasonable Offences.

Imperial Parliament of the fifty-seventh year of the same reign, chapter
six, and all
the provisions of the last mentioned Act in relation thereto, sate such
of the same
respectively as relate to the compassing, imagining, inventing, devising,
or intending
death or destruction, or any bodily harm tending to death or destruction,
maim or
wounding, imprisonment, or restraint of the Person of the Heirs, and
Successors of
His said Majesty King George the third, and the expressing, uttering or
declaring of
such eompasaings, imaginations, inventions, devices; or intezltions, or
.any of them,
shall cease to be.of force in this Colony.

If any person whatsoever. after the passing and coming into operation of
this
Ordinance shall, within thin Colony, compass, imagine, invent, devise, or
intend to-
deprive or depose our Most Gracious Lady the. Queen, Her Heirs or
Successors from
the style, honor, or royal namo of the Imperial Crown of the United
Kingdom or o£
any other of Her Majesty's dominions or countries, or to levy war against
Her Majesty,.
Her Roirs or Successors within. any paxt of the United Kingdom in order
by force or,
constraint to compel Her or Them, to change Her or Their measures or
counsels or in
order to put any force or constraint upon; or in order to intimidate or
overawe both
Houses or either House of =the, Imperial'Parliament, or to move or stir
any foreigner
or stranger with force to invade the United Kingdom, or any other Her
Majesty's
'dduiipions or countries under th'e obezsa-pae-,Qf $er. Majestv, :Her
Heirs or Successors
arid such compassiugs, ifpagipations, inventioDS; devices, or intentions,
or any of them-,

shall=eapPOSS with, or declare by 'publishing. any printing or writing or
by open and°j.
advised speaking or by and overt act or deed, every person so offending
shall be guilty;
of felony, and being convicted thereof, shall be liable, at the
discretion of the Court,
to be kept in penal servitude for life, or for any term not less than
seven years,'or to
be imprisoned for any term not exceeding two years, with or without hard
labor, and
with or without solitary confinement.

4. Provided always that no persov'shwll be prosecuted for any felony by
virtue ofv

vn;;io4ehiill us= .. this Ordinance in respect of such ,co' iuiaginations,
inventions, devices or
commenead~ -.

:' intentions as aforesaid, in so far as the same are expressed, uttered,
or declared 1Jy

open and advised speaking only unless`informatiou of such compassings,
imaginations,
°iilventiona; devices, and intentions, and of. the words by which the
same were expressed,
uttered, or declared shall be given upon. oath or declaration to one or
nnore Justice or
Justices ,of the Peace within six days after such words shall have been
spoken, and
unless a warrant for the apprehension of the person by whom such words
shall hive
been spoken, shall be issued within ten, days next after such information
shall have ,
been given as aforesaid, and unless such warrant shall be issued within
two years nest
after the passing of this Ordinance, and that no person shall be
convicted of any such
compassings, imaginations, inventions, dzvices; or intentions as
aforesaid, in so far as
~e same are expressed, uttered, or declared by open or advised speaking
as aforesaid,

'egcapt upon his own confession in open Court, ' or unless the words so
spoken shall be;
proved by two credible witnesses.
No. 13 of 1868.

Treasonable Offences.

5. It shall be lawful in any information for any felony under this
Ordinance, to to inforrnstions
coma than one j .

-charge against the offender any number of the matters, acts, or deeds,
by which such overt act cony be,
charged. .

compassiugs, imaginations, inventions, devices, or intentions as
aforesaid, or any of
them, shall have been expressed, uttered, or declared.

6, Provided a)waps that nothing herein contained shall lessee the force
of, or
-in any manner, affect anything enacted by the statute passed in the
twenty-fifth year
of Thing Edward the third,-A Declaration aulaich Offences shall be
adjudged Treason.

7, If the facts or mutters alleged in an information for any felony under
this
'-Ordinance, 'shall amount in law to treason such information shall
not,bp reason thereof,
he deemed void, erroneous or defective; and if the facts or matters
proved at the trial
of any person charged with any felony under ibis Ordinance, slap amount
in law to
treason, such person shall not, by reason thereof, be entitled to be
acquitted of such
felony; but no person tried for such felony shall be afterwards
prosecuted for treason
upon the same facts.

Nothing herein
to affect 26
Edward, s,
chap. 2.

tnformaEions for
tetonv-,nndee .
t1rSs Qrc>v(nance',
volia though ,
the facts xisay -
aauenrit to
treason. - .

8. In the cane of every felony punishable under this Ordinance, every
principal m to tile

in the second degree and every accessory .before t33e factshall be
punishablein the -scone
manner, as the principal in the first degree is by this Ordinance
punishal>le; and every
accessory after the fact to any such felony shall, on conviction, ho
liable to be impriso'rled

with or without hard labor, and with or without solitary confinement, for
any term not

:exceeding two pears.~ ,

punishment of
accessories
before and after
the tact.

8. This Ordinance shall commence and tape effr,ct on snob dap as shall
hereafter c~
be fixed by proclama't'ion tinder tbe,band'of the'. Governor.'

[In furce,from flue :X 7th October,, r888,.vznder;Prochxmation of.'tlte
same tlr`=°=

-Repealed by ,,b'
No. XS of 1868.
1019

Title.
Preamble.
Repeal of Ordinance No. 8 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except
1020
as to offences against the Person of the Sovereign.
Officers declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be commenced, warrant issued, &c.
1021
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Informations for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
Commencement of Ordinance.

1019

Title.
Preamble.
Repeal of Ordinance No. 8 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except
1020
as to offences against the Person of the Sovereign.
Officers declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be commenced, warrant issued, &c.
1021
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Informations for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/255

HONGKONG EMIGRATION ORDINANCE, 1868

Chinese Emigration.

No. 12 of 1868.

An Ordinance for repealing the 'Hongkong Emigration Ordinance,
1867,' and for better securing the Health and Protection of Emigrants in Chinese Passenger Ships clearing from Hongkong.

[13th October, 1868.]

WHEREAS it has become necessary to repeal the 'Hongkong Emigration Ordinance,
1867,' and amend the provisions for securing the health of
emigrants
in Chinese passenger ships clearing frond Hongkong: Be it enacted by the
Glover . nor
of Hong>~ong;with the advice of the Legislative Council thereof,
as:.fgllows:-

1. The 'Hong)iong Exiligration Ordinance, 1867;' shall be-aud the same
hereb' ~.s

2, This Ordinance may be cited for all purposes as `° The Hongkong
Emigration.

=Ordruance, 186$.'
ORDINANCE: <rTo:1l2 of, '.l $`6$
Chinese' L~igrastaon:

3. In the interpretation of this Ordinance the expression 'Chinese
Passenger Ship'
shall mean every ship carrying =frorri -any port in the Colony of
Hohghong and its=
dependencies more than twenty passengers being natives of Asia on any
voyage of
more than seven days' duration within the meaning of the 'Chinese
Passengers'4Act,
1855' as defined by section 3 of Ordinance No. 9 of 1856.

4. The owners 'or, charterers of every Chinese passenger ship shall as
soon as such

ship is ,laid on for the conveyance of Chinese emigrants provide at,
depot, or depots to-
be 'approved, of by the emigration officer wherein every- intending,
emigrant by such
ship may lodge as hereinafter provided, and every such dep8t shall be
maintained and

every emigrant lodging therein shall be supported at the expense of such
ownqrspr
charterers:

Tho owners or ekarterers of every Chinese passenger ship or if absent
fiom the
Colony. their respective agents shall as soon as such ship is laid on for
the conveyance
of Chinese emigrants give notice in writing of the fact to -the,
emigration officer
specifying in such notice the mine, .destination .and probable dine of
dopartur a of sash
ship and the depot or depots in which the intending emigrants by suck
skip are lodging
or intended to be lodged before embarkation.

6. Every intending emigrant in a Chinese ,passenger ship shall, unless
exempted Emigrants, petw,
lay the emiaration~officer,vlodge at the leapt three .clear aays
previously to his embarks:

Lion in the depUt provided by the owners or charterers of such shill with
the

emigration, offioer iu=puzvsuanee.'o£ section 4. .'' .

Eveiy suck dep$t_ as aforesaid shall be under the sups vision of -t- o~
otaigraviou

o$'tcer -who May inspect thb same-at gush times as he sk'alltlizn'~`fit,
a>~idakele ~~a`ll beg -' °~.._ ~_~.._.

'at-all times free ingress and egress allowed to alt peisoiis to and:
from au~lt del5$-ts, fioi6-:A.m. to 6 r.nz. -

=8. Every' emigration passage broker who shall contract with any
intending , kale evfevery
contraot with
emigrant for a passage in such ship shall forthwith give notice in
writing', to the: - fie n~e = AA
'

fieW emigration officer of every such -contract specifying the name, ago
and seg of-siieh emigration

emigrant and the name of such ship. m -

9. The Governor is hereby authorized to appoint at awsalary hot
exceedingitwo Golezeax ~a~ ~~; -~'~ ~ ~
thousand dollars=per annum a medical officer «hnse duty it~skall=b-a to
inspect intenfiing _ a°~'~$x d~rt~
emigrants and to supervise all'-matters ancT thiagsnn any=way .iolatng to
the comfo'x~-: ~~t,o .~,

and well being of such emigrants -both before' their ;departure and on
their voyage,

and suchaalar'y shall be in.lieyof.all fees.

DePSts-to be ..

provided far the ' -
loagmont pf

Notice of ship- ' -
bei,,~ laid On ~a _ _

aChlnesopas~- -
sehger ehtp , to

be given to -.
emigration
officer. ,

10 Tie medical inspeCEiaxi of intending emigrants by a .Chinese passenger
shI

~,:

required, by.0- No. -6 of 1859 shall take'plaee on shore before emb
ovell as ox~ board the said skip after embxrlcatidii; and the -emigration
officer ;014riot
grant the'`certificate required kip the 'Chinese Passengers' Act, 1855''.
unless 'lie shah
:be;s~'t~&~d tliat-awchtdouble inspection .,his been duly made,..';or has
been :dispensed-
witk lay thesauctowQfalie Governor.

Tiedtcal inspec-':
aai'on.
UaRINANCE ffo.' 1ff b# 1808,

G`Adne6e F.Wgratiny,&.

11. It vshall not be lawful for -any emigrant to embark in any Chinese
passenger
slip or.for the master .or .o.ther person on board of a Chinese
;passenger ship to permit
any emigrant to embark therein, unless such emigrant shall produce an
embarkation
permit from.- the emigration officer, who shall not grant the same unless
he shall be
satisfied that such emigrant has undergone on shore the medical
inspection required by
law to be made before embarkation.

:12. The medical inspection of emigrants required to be made after their
embarkation in any Chinese passenger ship shall take place at such time
as the
emigration-_officer.shall appoint.

1$. -The fees. heretofore payable to the medical practitioper effecting
such
inspection shall be paid in the first instance by the emigration passage
broker of such
ship o the emigration officer and by him be paid into the Treasury.

14. Any Chinese medical practitioner properly qualified to the
satisfaction of the
Colonial Surgeon shall b© eligible with approval of the Governor for the
once of surgeon
of a Chinese passenger ship within the terms of schedule A of the '
Chinese Passengers'
Act;-18,55: '

1$,v.All orders of Her Majesty the Queen in Council relating to the
quantity of
water to -,be carried by passenger ships having a certain description of
condensing
k%pparntuS shall apply to Chinese passenger ships.

18. No Chinese passenger ship, unless a vessel propelled ,by steam, bound
to any

port westward of the.Cape of Good Hope shall be permitted to clear from
any port in
the,C©lony between the months of May and September inclusive.

1'!: No Chinese passenger ship shall clear out or proceed to sea without
strictly
conforming to the regulations contained in schedule A of the '° Chinese
Passengers'
Acts 185,' except so far as the, said regulations are' modified or
altered by any of the
provisions of this Ordinance or may .be inconsistent therewith,; and
except as aforesaid
the said regulations shall be and continue in full force and effect.

18. It shall be lawful, for the emigration officer at anytime when ho is
satisfied
tEa,any emigrant who is unwilling to leave the port has been obtained by
any fraud,
'vi6lence, or other improper means, to land such emigrant and procure him
a passage
back to his native place or that from which lie was taken, and also to
defray the cost of
his-maintenance whilst awaiting a return passage, and all such expenses
with all legal
costs incurred shall be recoverable by the emigration officer before.any
Police Magistrate
from the emigration passage broker of the vessel in.whic;h such emigrant,
was shipped
or intended to be shipped.

19. Whosoever shall unlawfully : either .by force or, fraud take away or
detain
against his will any man or boy with intent to put him on board a Chinese
passenger
ship ;and whosoever shall.with any, such.intent.receive, harbor, or enter
into any con-
tract for foreign service with any such man or boy:knowing tthe.same
to°have.:bqan:by
No. 12 of 1868.

Chinese Emigration

force or ,fraud taken and obtained as~in.,t~is seetiQn.klefore men
tion,ed,~shall.ho guilty of
felony and being convicted thereof shall .be liable,' at the discretion
of the Court, to .be
kept in penal servitude far any term not exceeding seven years and not
less than three
years, or to be imprisoned for any term not exceeding two years with or
without hard
labor.

~20. Every passage broker shall be liable to snake good all penalties and
expenses
chargeable to him under this Ordinance, as fully and in the same manner
as he is now
liable to make good penalties under Ordinance No. 11 of 1857.

21. The owners or charterers of .any Chinese passenger ship and any
emigration
passage broker and any intending emigrant-by a Chinese passenger ship and
any
master or other person in charge of a Chinese .passenger ship who shall
fail to comply
with or commit any breach of the provisions of this Ordinance so far as
they may
respectively be bound thereby, and ,any person granting or knowingly
utteiing any

forged certificate, permit, notice, or other document under this
Ordinance shall without
prejudice to any other proceeding civil or criminal be liable upon
summary conviction
before a Magistrate to a fine not exceeding five hundred dollars, or to
imprisonment
with ox without hard labor for any term not exceeding silt months.

22. This Ordinance shall not come into operation'until Her Majesty's
cenfirlna-
t ion thereof shall have been proclaimed in the Colony by the Governor.

[confurmatiouproclai7rced 6th February, ,T869; repealed ,by Ordinance No. 5 of 1874.
See also No. 3 of 1874.]
1016

Title.
Preamble.
Repeal of 'Hongkong Emigartion Oridnance, 1867.'
Short title.
1017
Interpretation of term 'Chinese Passenger Ship.'
Depots to be provided for the lodgment of emigrants.
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
Emigrants to lodge in depot three clear days before embarkation.
Supervision of depots.
Notice of every contract with emigrants to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
1018
No emigrant to embark or be received on board without a permit.
Emigration officer to appoint time for medical inspection after embarkation.
Fees how payable.
Chinese medical practitioners may be surgeons of Chinese passenger ships.
All Orders in Council to apply to Chinese passenger ships.
No Chinese passenger ship to clear between May and September.
Regulations of schedule A of 'Chinese Passengers' Act, 1855' to be in force except as altered by this Ordinance.
Emigration officer may land any emigrant who is unwilling to leave the port and who has been procured by any fraud, &c.
Punishment for improperly obtaining emigrants.
1019
Passage broker liable to make good all penalties, &c. in the same manner as under Ordinance No. 11 of 1857.
Punishment of persons committing any breach of this Ordinance.
Suspending clause.

1016

Title.
Preamble.
Repeal of 'Hongkong Emigartion Oridnance, 1867.'
Short title.
1017
Interpretation of term 'Chinese Passenger Ship.'
Depots to be provided for the lodgment of emigrants.
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
Emigrants to lodge in depot three clear days before embarkation.
Supervision of depots.
Notice of every contract with emigrants to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
1018
No emigrant to embark or be received on board without a permit.
Emigration officer to appoint time for medical inspection after embarkation.
Fees how payable.
Chinese medical practitioners may be surgeons of Chinese passenger ships.
All Orders in Council to apply to Chinese passenger ships.
No Chinese passenger ship to clear between May and September.
Regulations of schedule A of 'Chinese Passengers' Act, 1855' to be in force except as altered by this Ordinance.
Emigration officer may land any emigrant who is unwilling to leave the port and who has been procured by any fraud, &c.
Punishment for improperly obtaining emigrants.
1019
Passage broker liable to make good all penalties, &c. in the same manner as under Ordinance No. 11 of 1857.
Punishment of persons committing any breach of this Ordinance.
Suspending clause.

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PENSION TO WILLIAM QUIN, ESQUIRE, SUPERINTENDENT OF POLICE ORDINANCE

Pension to William Quin, Esq.,

No. 11 of 1868.

An Ordinance to enable the Governor in Council to grant a Pension to
WILLIAM Qum, Esquire, Superintendent of Police.

[13th October, 1868.]
YXTHEREAS 'VPiLr.f,A.nz QUIN, Esquire, is willing to
resign the Office of Superin-
tendent of Police, and it is, expedient that such resignation should be
accepted;
-And whereas the period of service of the said WILLIAM Quxrr is not
sufficient to entitle
Jiirn, to a pension under the regulations in force in Hongkong in that
behalf, but i is

>-.,nevertheless deemed expedient that a pension of two hundyed pounds
per annum should
°grauted to him for the terns of his natural life: Be it enacted by the
Governor, of

H'hgkong, with the advicelof the Legislative Council the eof, as follows:-

6 1

1. It stall be lawful for the Governor in Council to grant to WILLIAM
QUINj
sAa to'qant:co Esquire, Superintendent of Police in this Colony, a
pension of two hundred pounds
-~,`dM. G~OTNq_~8(J.,'

s~ionst~suo per annum under the same regulations and conditions, as if
such pension had been

peg annu;n. - . h ~ P .

;.gxanted to him in pursuance of the Pension Minute of this Colony
bearing date the 5th
day of May, 1862: Provided that such pexteion may commence from the date
at which
f~e said WiLLUmt QW rr may have ceased to receive any salary or allowance
from or on

,Repealed dry Ordinance ATO. 4.of 1887.

1016
Title.
Preamble.
Governor in Council authorized to grant to Wm. QUIN, Eaq., a pension of 200 ponuds per annum.

1016
Title.
Preamble.
Governor in Council authorized to grant to Wm. QUIN, Eaq., a pension of 200 ponuds per annum.

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SPIRIT LICENCE ORDINANCE

ORDINANCE No. 10 OF 1868.

-5pirit Licence.

No. 10 of 1868.

An Ordinance to amend Ordinance No. 11 of 1,8-t4, and to enable the 'no,-
Justices of the Peace to grant Licences for the Sale of Fermented and
Spirituous Liquors, by ,Hotel Keepers, Restaurateurs and Confec-
tioners.

(13th October, 1868.)

'WHEREAS ,it is expedient to amend the law relating, to the licensing of
public . hre;wwe.
houses, and, to give power to Justices of the Peace to grant licences for
the
sale by retail offermented and spirituous liquors by persons carrying on
the business
of hotel keepers, Testaurateurs and confectioners: Tae it enacted by the
Governor of
Hongkong-, witli the advice of the Legislative Council thereof, as
follows:---

1. There sball be added to section 2 of Ordinance loo. 11 of 1844the
words, section 2er
Ordiiumce N,1 t
~~ excepting in such cases wherein it may be desirable to gratlt licences
for a shorter of l,144 Amended.
period tban one year, in order that such licences shall always expire on
the 30th
November.'

2. There shall be added to section i of the said Ordinance No. 11 of
1834, the
words hereafter mentioned, that is to say: 'Provided always that in cases
wherein
licences are granted for any period less than ono year, tbere shall be
payable only a

proportionate amount of the said sum of three hundred dollars ,with
tenper rcent»-~.:
added.' F

1'roportionui su.u _
!,Illy to be quid -
when licence f'oi'::

less thus it yenr:-

3: Notwithstanding anything contained in Ordinance No. 11 of~l

;'

lawful for the Justices of the Peace to bract licences for the sate
ox`-fetmerited and:`r

spirituous liquors by retail to persons carrying on the business o£
laotellseepets;; restau ~ v
rateuus, or confectioners, and the forms of application, recognizance;`
certi6cat:eand
licence shall, when persons carry on such business as aforesaid, be
in-tlie forms con:
tamed in the schedule hereunto annexed, mapped respectively E, F; G, and
11.

To

APPLICAfTONT-rOtL SPIRIT LI(TSCE.

1'lw Po.'i,-a 11agistra2es e:TIung7ton3,
h- ., , now residing at

in the Colony o£ Hongkong, da~herebp gige notice that it-is-my intention
to apply at, the fleXt licoiu.
meeting :. . for a licence to sell and retail ale, beer, and
-atliez.'Thaltr7iguoia;-

wine, cider, ginger-beer, spruce=beef; brandy,-ium; or other fermented or
spirituoris lequ4t~;t-rn sxifi
quantity- under two gallons at hue time, in the house and appurtenances
thereunto b'e1'ing, ~o.: _ , ~-

situated at ~ on
is landtqrd; as an adjunct to my business of
said house and premises under the name or stele of

Lot ?PTO,

wliereo£.an8: '
which I am carrying on, in the,
I. am (mai'riad ow -usvotarricd as
UIiD.TNA\:GE..No.°I0: OF l.$6$°.

,~Spirit .licence.,

the case way be) and I have held a licence (if hqfme licensed state laow
maany dears.) .I further give

notice that T propose ~ of
as my sureties to cuter with me into the required recognizances.
Given under my hand at Hongkong, this

Day of

and of

186

We, the undersigned, householders residing at do hereby certify that the
above
of is a person of good fame and reputation, and fit
and proper to be licensed for the sale of fermented and spirituous
liquors as aforesaid.

Witness our hands, this day of

SPIRIT LICENCE RECOGNIZANCE.

COLONY' 0V
J:19NGIfoNd 13C it remembered, that on the
'To WIT,

156 , came personally b6foTe me

day of

Magistrate of

ig~.ong: arid°aokuayl6 otlged.tliemselves to owe to Our Lady the Queens
to wft,=~

tit o-i
tho.said
the acid

in the sum of three hundred do11a'is:-
in the sum of three hundred dollars
in the slim of three hundred dol'14's'

of lawful current dollars of Hongkong, to be respectively levied of their
several goods and chattels,-'
lands and tenements, to the use of Our said Lady the Queen, Her Heirs and
Successors, in case defauLt
sliall be made in the perfoqwncc of any of the conditions hereunder
written :-

The conditions of this recognizance are such, that whereas the said

is to be licensed to sell ale, beer, and other malt liquors, and wine,
cider, ginger-beer, spruce-beer,
brandy, rum, arid other fermented and spirituous liquors, in the house
wherein he now dwells,.in any
quantity under two gallons, No. situate, at on Lot No.

whereof is landlord,. as an adjunct to the business of

C6d by him in,the said housq and appurtenances thereunto belonging under
the name or -style of
RTA OD

if the said do keep the law in selling by retail

~.~safoieaa:d ale, beer, arid other such liquors in his said house, of
appurtenances thereunto belonging'; _
yd-sixall not conduct the business or exercise the power of his licence
in the manner of an ordinary

`w;-piib2c ho~tse,,by having a public bar for the purpose of drinking
spirituous or fermented liquors thereat;
~4dci.rioG permit any person to become drunk, or supply or permit such
liquor as aforesaid to be
supplied osgiven, to any person in a. state of intoxication, and do not
permit any person to, play at
cards, slice, or.-any other game of chance in his house or premises; or
to commit any disorder therein, or
to remain in or upon the same tippling or' drinking after the hour of at
night, always
excepting moderate refreshment to persons who. may be bong fide
travelling, or who may be inmates :of
the house; nor .suffer any, disorder to be committed in his house or
premise; nor refuse to adtriit a
~hnystrate or constable into any ,partof.thc said liouse or premises at
any hour; and do maintaingood

order and rule therein,-then the said recognizance to be void, otherwise
to remain in full force.

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

Police Hagist?ate.
V RDII`TANIT Nor.,, ' 0 of

Spirit Liveitee.

(G

COLONY OF ~
HONCigONG AT The Licensing Meeting
TO WIT.
holden at the Magistracy on the

SPIRIT LICENCE CERTIFICATE.

day of in the year of Our Lord one thousand

eight hundred and for the purpose of considering applications made to me
for holding licences

for the sale and retail of fermented and spirituous liquors in Hongkong
aforesaid,
h. ,

hereby authorize the Colonial Treasurer to issue a licence to
for retailing the said liquors in any quantity uncles two gallons at the
house No. _ whereof'

is landlord; situated in
Lot No. , as an adjunct to the business of
said house under the name or style of

commencing on the and ending on the

And I do hereby certify that am satisfied the said

in the said colony on

carried on by him in the
for the

is a person of good

fame and reputation and is fit and proper to conduct such house as
aforesaid; and also, that I have

taken from the said
the requisite recognizances in the sum of
prescribed by Ordinance.

Given under my hand and seal of the Court

day of

COLONY of
HONGKONG Whereas
TO WIT.

deposited in this office a certificate from

at th~plaoe first above written.

FORM 6'V LIC>;NC>,;.

Police- AIagistrate:datcd the

day of in the year of Our Lord one thousand eight hundred and

authorising a licence to be issued to the said
liquors in any quantity uncles two gallons at the house No.

landlord, situated in
to the business of
for the term of

and his sureties and
each, according to the form

on the

Polies Alngistrntr.

for retailing spirituous and fermented
whereof

the said Colony on Lot No. as an,adjunct

carried on by him in the said house under the name or style of
commencing on the and ending on the
and stating that the said Police Magistrate has taken from the said

and two sureties a recognizance in the sum of

each as required by law; and whereas the said hatli paid into my office the
sum of - as the, fee on such licence. Now, I, the Colonial Treasurer of
the Colony
of Hongkong, in virtue of the powers vested in me, do hereby licence,
authorize, and empower the said
to sell and retail iii the house in which- (he or- she) now dtvelleth, and

in the appurtenances thereunto belonging, but not elsewhere, ale,, beer,
and other malt liquors, -or
wine, cider, ginger beer, spruce beer, brandy, rum, or other fermented or
spirituous liquors, and this
li cence shall continuo in force until the clay,of now next ensuing, and ito
longer, and also provided it be not forfeited in the meantime, according
to the provisions of the

Ordinance in that behalf.
' Given under my hand 'and seal this day of
one thousand eight hundred and

Registered,

[Repeal ed by Ordinance X1'0. 21 of 188G.]

Colonial h,
1013
Title.
Preamble.
Section 2 of Ordinance No. 11 of 1844 amended.
Proportional sum only to be paid when licence for less than a year.
Power to Justices of the Peace to grant licences.
1014
1015

1013
Title.
Preamble.
Section 2 of Ordinance No. 11 of 1844 amended.
Proportional sum only to be paid when licence for less than a year.
Power to Justices of the Peace to grant licences.
1014
1015

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POLICE PENSIONS ORDINANCE

ORDINANCE'No. 9 0Y .1868:

Police Pensions.

No. 9 of 1868.

An Ordinance for amending the Law relating to the Granting of Pensions
and oLher Allowances to the Police Force.

23rd May, 1868.

WIIEREAS it is expedient to amend the Taw relation to the nrantiu- of
retiring -
pensions and other rzllowauces to members of the Police Force; Be it
enacted
by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as-
follows:-

3,. Sections 11 and 12 of Ordinance No. 9 of 1862 shall be repeWled from
the time
that this Ordinauc;e tames into operation except .as to any right
acquired thereunder
by any oiT:ceri or wen whose services only have been accepted by the
Government for
tz second period o£ five years, as rz3eutionecl in the said sections
hereby repealed.

2. Subject to the provision hereinbeforc contained, it shall be lawful
far the
Governor in Council from tune to time to regulate the general conditions
upon which ,_
and the rllcenner in which pensions, superannuation allowances, or other
relief, are to be
granted to marpbers of the Police Farce and to determine in each
particular ease
whether tlioro shall or shall not be granted to any 'member of the Police
Force, a
petl8iCt1, Superannuation allowrinoe, or other relief,' and in the event
of the Governor
,in Council determining that tlu,re s~6all be granted to any member of
the Policy Force,:-
a pension, superannuation allowance, or other relief to further determine
the amount
to be pail in respect thereof and the terms on which nod the manner in
which the
same shall be paid.

:3. If at any time after the granting of. a pension whether now existing
or hereafter
to be granted to any me3nber of the Police Force it 13e proved to the
satisfaction of the
Governor in Council that the person to whom such pension may have been
granted had
been guilty of any corrupt practices in the execution of his office
either by receiving
bribes or by incluciug or compelling pyyrl3ent directly or indirectly of
any valuable
consideration to himself or to any other party or by dthcrw3se aet3ng
corruptly in the
execution of or under color of leis office as a member of the Police,
then in evelv such
ease it shall be lawful for the Governor in Council .to revoke and annul
the grant of
such.liansion and no claim to any further payment on account of a pension
declared to
be revoked-as aforesaid shall be valid.

4. This Ordinance shall commence and tape affect on' such day as. shall
hereafter
be fixed by proclamation under the hand of the Governor.

Ira forccftona 6th .Tune, 1868, ?axder proclamation of the same date;
Disallowance
proclaimed X7lla October, 1868: Repealed by Ordinance 11'0. 8 of 1869;
1012
Title.
Preamble.
Sections 11 and 12 fo Ordinance No. 9 of 1862 repealed, except, &c.
Governor in Council may regulate the right to pensions, &c., subject as above mentioned.
Pension may be revoked if recipicent afterwards discovered to have been guilty of corrupt practice in execution of his office.
Commencement of Ordinance.

1012
Title.
Preamble.
Sections 11 and 12 fo Ordinance No. 9 of 1862 repealed, except, &c.
Governor in Council may regulate the right to pensions, &c., subject as above mentioned.
Pension may be revoked if recipicent afterwards discovered to have been guilty of corrupt practice in execution of his office.
Commencement of Ordinance.

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TREASONABLE OFFENCES ORDINANCE

.URDIhTANGlaJ : loo=. $.`ov 18,88'~:

Treasonable Offences.

NO. $ Of 1868.

An Ordinance to assimilate the Law of this Colony respecting Treasonable
Offences to the Law o£ the United Iiiuudom.

(22nd May; 1868J -

WHEREAS it is expedient, to assimilate the Law of this COIODY respecting
treasonable offences to the Law of the United Kingdom; Be it enacted by
His Excellencysthe Governor of Hongkong, ,with the advice of the
Legislative Council
thereof, as follows:-

i. 1'rovieionn oY 38

Gfeand67G ry
n.clisg. 8, sot to b6
of Yoxco in this
Colony, except as
r- to offences'
:eqainst the
Person of the
6ouereigrl. _

N a

Time Ivftliin

1, From and after the passing and coming into operation of this Ordinance
the
provisions of an Act of the Imperial Parliament passed in the
thirty-sixth year of the
reign -of King George the third, chapter seven made perpetual by an Act
of the Imperial
Parliament of the fifty .seventh year of the same reign, chapter six, and
all the provisions
of the last mentioned Act in relation thereto, save such of the same
respectively as
relate to the compassing, imagining, inventing, devising, or intending
death, or
destruction, or any bodily harm tending to death, or destruction, maim or
wounding,
i>Yi.p'risonment, or restraint of the person of the Heirs and Successors
of His said
1flajeety'gixig George the third, and the expressing, uttering or
declaring o such
compassings, imaginations, inventions, devices, or intentions, or any of
them, shall
oases to be of force in this Colony.

2, If any person whatsoever after the passing and coming into operation
of this
Ordinance shall, within this Colon -or without, compass, imagine, invent,
devise, or
intend to deprive or depose our Most Gracious Lady the Queen, Her Heirs
or Successors
from the style, honor or royal name o the Imperial Crown of the United
Kingdom or of
any other of Her Majesty's dominions or countries, or to levy war against
Her
Majesty, Her Heirs or Successors within any part of the United _Ringdom
in order by

.-force or constraint to compel, Her or Them to change Her or Their
measures or counsels
or in order to put any force or constraint upon, or in order to
intimidate or overawe
b¢.twh Houses or either House of the Imperial Parliament or to move or
stir any foreigner
or stranger with force to invade the United Kingdom, or any other, Her
Majesty's
dominions or countries under the obeisance. of Her Majesty, Her Heirs or
Successors
and such compassings, imaginations, inventions, devices, or intentions,
or any, of them
shall express with, or declare by, publishing any printing or writing or
by open and
advised speaking or by any overt actor deed, every person so offending
shall be guilty
of .felony, and being convicted thereof, shall be liable, at the
discretion of the Court,
to be kept in penal servitude for life, or for any term not less than
seven years, or to

..be imprisoned for any term not exceeding two years, with or without
hard labor; and,
With or without solitary confinement.

. ::.:...3. Provided always that no person shall be prosecuted for any
felony by virtue

which prosecn--
lion shall be of this Ordinance in respect of such -compassings,
imaginations, inventions,, deviaas or
ORDINANCE x.1'0.-8 -0F 1868.

Treasonable .Offences.

intentions 4.s aforesaid, in so far as the same are expressed, utteied,
or declared by -
open and advised speaking only unless information of such compassings,
imaginations,
inventions, devices, and intentions, and of the words by which the same
were expressed,
uttered, or declared shall be given upon oath or declaration to one or
more Justice or
Justices of the Peace within six days after such words shall have been
spoken, and
unless a warrant for the 'apprehension of the person by whom such words
shall have
been spoken, shall be issued within ten days next after such information
shall have
been given as aforesaid, and unless such warrant shall be issued
within1wo years
next after the passing of this Ordinance, and that no person shall be
convicted of any .
such compassings, imaginations, inventions, devices, or intentions as
aforesaid, in so,far as the same are expressed, uttered, or declared by
open or advised speaking as

aforesaid, except upon his own confession in open Court, or unless the
words so spoken

,shall be proved by two credible witnesses. -

4. It shall be lawful in any information for any felony under this
Ordinance, to In h,sorn,ation
more than one
charge against the offender any number of the matters, acts, or deeds, by-
which such overt act 1ayue
charged.
compassings, imaginations, inventions, devices or intentions as
aforesaid, or any of
them, shall have been expressed, uttered, or declared.

5. Provided always that nothing berein contained shall lessen the force
of, or in
any manner, affect anything enacted by the statute passed in the
twenty-fifth year of-
$ing Edward the third,--A declaration which Ofences shall be adjudged
Treason.

commenced,
warrant issued,

Nothing herein
to affect 25-
Edwiirct S, chap<;;

g. If the facts or matters alleged in an .information .fo.i ..any-:felony-
uyYdor_ 34-
ns~

Ordinance, shad amount in law to treason such information shall not by
reasq~.'thereo~
be deemed void, erroneous or defective; and if_the.£acts
ar.matters,grovedat the-trial-
of any person charged with any felony under thin Ordinance, shall amount
.in law to
treason, such person shall not, by reason thereof, be entitled to be
acquitted of such
felony; but no person tried for such felony shall be afterwards
prosecuted 'for treason
upon the sauce facts.

7. In the case of every felony punishable under this Ordinance, every
principal
in the second degree and every accessory before the..fact shaili lie
punishable in the
Ordinance

As to the pixnis~Y-'
ment~oYaeces:. >._ '

sories '9n~Te

aftek Lefnre. the manner, as the principal in the first degree is by this
punishable; and

every accessory after he fact to .any such felony shall, on conviction;
be liable to be
imprisoned with or .Without bard labor, and with or without solitary
confinement, for
any, term not exceeding two years. ` -

$. This Ordinance stall commence and take effect on such day as shall
herea£tei :`- cominen cement
- of'Ordinance.
-be fixed by proclamation under the hand of the Governor.

(In force from the 6th .Tune, 1868, under proclamation, of the sanae date.

Repealed by Ordinance .No. 18 of 1868, ,
1010
Title.
Preamble.
Provisions of 36 Geo. 3, chap.7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except as to offences against the Person of the Soverign.
Offences declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be
1011
commenced, warrant issued, &c.
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Information for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
Commencement of Ordinance.

1010
Title.
Preamble.
Provisions of 36 Geo. 3, chap.7, and 57 Geo. 3, chap. 6, not to be of force in this Colony, except as to offences against the Person of the Soverign.
Offences declared felonies by this Ordinance to be punishable by penal servitude or imprisonment.
Time within which prosecution shall be
1011
commenced, warrant issued, &c.
In information more than one overt act may be charged.
Nothing herein to affect 25 Edward 3, chap. 2.
Information for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
Commencement of Ordinance.

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JURORS AND JURIES ORDINANCE

section 12 of
^Okdinancc.No. -
11 of18e4
~_ ameriaea
-IUOVidtng t.khat ,
'' ltegletrar may
:ogen boa in
'd to secure
.:p' r er.

ORDINANCE, NO.' 7: of -1868.

Jurors and Juries.

No. 7 of 1868..

.An Ordinance for amending the Laws relative to Jurors and Juries.
(23rd May. 1868.1

WHEREAS it is expedient to amend the laws relative to Jurors and Juries:
13e
it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as followa:-

I. There shall be added to section 12 of Ordinance No. 11 of 1864, the
woods
following, that is to say:-' Provided always that it shall be lawful for
the Registrar
to open the ballot box and draw fresh names therefrom, as often as rosy
be necessary
to secure the full number 'of thirty jurors at the Criminal Sessions.'

2. Section 22 of Ordinance No. 71 of 1864, is hereby repealed, wend the
words
following shall be substituted for such section, and shall be henceforth
read as if the
same had been originally inserted therein:-'1lftcr the jury in any case
shall have
boon sworn, or charged with any prisoner, they shall be laeht in some
convenient lance
in Court apart by themselves, retirement of individual jurors for
personal purposes
only eaceptod, and then in charge of au officer of the Court., until the
Chief,Justice or
other, presidia; Judge has summed up the evidence, and bas left the case
with the
jury: . Provided that in case and as often its the Court shall adjourn
before the case
shall have been so left with the jury, then such jury may as often as the
Court, shall
direct lie 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 o£ the Court. IF after the case shall have
been so
left to the jury, any 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
somo 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 cone to. have access to them,
or speak to
them, and that be will not speak to theta himself except to ask whether
they are
agreed upon their verdict or to communicate l.etween them and the Court;
Provided
always that the provisions in this section contained shall be obligatory
only in cases
of capital felonies and that in the discretion of the Court auc)i of the
foregoing
provisions as to the Court may seem fit may be disl>eused with in other
cases of
felonies and in all cases of misdemeanors.' [Repealed by Ordinance No. 8
of 1872, and
new section substituted.]

3. There shall be added to section 23 0£ Ordinance No. 11 of 1864, the
words
following, that is to say: 'Provided always that the Court may' in case
of any adjourn=
ment, 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. 8
of 1872.E

forming ;_ 4'.=0?r thp 1st day of March in each year, the Superintendentpf
Police or his
foiCoronor's deb>uty shall cause the names in the jury list for the year to
be written on separate
dart.
ORDINA\(:F No. 7 of 1868.

.liernrs and Juries.

cards and to be placed in a ballot bog to be kept for that purpose, and
whenever it
shill be necessary to summon a Coroner's jury the Superintendent of
Police or his
deputy shall draw from the sail box, six of the said names to form a
panel, and the
cards so drawn shall therbnpan be locked up it) n separate box therein to
remain until
the entire number of the names in the ballot box shall be exhausted by
subsequent
panels, when all the names of the juror) shall be returned to the
ballot.bux, if required,
for the purposes of tac: current year, and in such case 'the names shall
be redrawn in
manner aforesaid. Provided always that it shall be lawful for the
Superintendent of
Police or his deputy to open tile ballot box land draw fresh names
thelufrum as often
as may be necessary to secure the full number of three jurors at an
inquest.

l?. The Superintendent of Police or such other -officer as shall from
time to -time
be appointed fur the purpose by t.lic Governor, shall before the sitting
of ti Coroner's
Court whereat a jury shall !re necessary, issue summonses according to
the form in
the schedule hereunto annexed, r quirinj the attendance of the persons
so drawn from

the ballot box, and every such summons shall be personally served upon or
left at the
usual place of abode of the person so summoned.
E,. The Coroner is haro!ry empowered to remit fines imposed by him on
Jurors
for non-att0nC1allCe on Sollltae_lt <;an8e belwP shown and is also
etupoweroJ to adjourn
inquests from time. to time and to use t,lie same jury for a second
inquest should he
consider it necessary. ,

I . The Superintendent of the Civil hospital in the absence of the
Colonial

For summoning ,
C.roner's, Jnriee:F-

Coroner
empowered to
remit flnosand-'

ndjourn inquests'

Surgeon or such other LYleOiaal OfFeer as may be appointed by the
Governor for ti%at of

duty shall, on receiving a dead -'body .irtLe a preliminary
iotl-rtheveol', end
report to the Coroner who ah:zll,if necessary, dii'cect- a post tnorteCn
e~tttlk:n >~tl~iz ^Gtf
be held when a further relrort of the cause of death must be forwarded-to-
the..,Cordnei

8. The Coroner is farther Hereby etnpoiveled to direct paytxaent-of:l:fep
of $1D reedt~maaio~
praetftteners. --:
for any post mortecn erauliulttion made by a duly qualified medical
practitioner un.tlet=
taken by order of the Coru,.er, and also to direct payment of the sum of
$5 fclr tho '
attendance at an inquest of tiny duly qualified medical practitioner
whose evidence
the Coroner may con-d;ler it expedient to take. , -

9. This OrdinrLUae shrsll conllnence and take effect on such day-, as,
sh,l<ll hereafter ' comment'

i,f7~'edfnanP.a:.w=

be fixed by proclamation under the haul of the Governor.

SCHEDULE
SUIIIMO~TS OF- JURORS TO CORONER'S COURT.

Yon are hereby summoned to appear as.a Juror-at the Coroner's.Court to be
holden at
iu_.this Colony-on the day,-Qf . - neat, at the hour of o'cloelctu~lze-

Boon, and there to attend n>atil.you shall be discharged from the Court:.

(Signed,) C. D

` Or R.=The penalty for disobedience hereto -is any sum not exceeding
fifty dollars rersonal, service
of this summons is not necessary to subject a party summoned to the
penalty for-disoliedience.

[In force fi icnder proclamation of sigma date.
Except as above
all repealed by Ordinance Xo. 17 of 1888.
1008
Title.
Preamble.
Section 12 of Ordinance No. 11 of 1864 amended by providing that Registrar may open box in order to secure requisite number.
How Jury, when sworn or charged with any prisoner, to be kept.
Amending section 23 of Ordinance No. 11 of 1864.
Manner of forming panel for Coroner's Jury.
1009
For summoning Coroner's Juries.
Coroner empowered to remit fines and adjuourn inquests.
Preliminary examination of bodies.
Fees to medical practitioners.
Commencement of Ordinance.

1008
Title.
Preamble.
Section 12 of Ordinance No. 11 of 1864 amended by providing that Registrar may open box in order to secure requisite number.
How Jury, when sworn or charged with any prisoner, to be kept.
Amending section 23 of Ordinance No. 11 of 1864.
Manner of forming panel for Coroner's Jury.
1009
For summoning Coroner's Juries.
Coroner empowered to remit fines and adjuourn inquests.
Preliminary examination of bodies.
Fees to medical practitioners.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/249

REVENUE (TO DEFRAY THE CHARGES OF THE YEAR 1867) ORDINANCE

OI1DIVXiVrL:'~a.~ 6`. QF° T8G'.8..

Benue,
et

BTU, 6 of 1888.

An Ordinance to authorize the appropriation of 'a supplementary sum not
exceeding one hundred and thirty-five-thousand dollars to defray the
charges of the year 1867.

[23rd -11-lay, 108.]

wHEREAS it has become necessary to make further provision for the public
service Preamble.
of the Colony for the year 18.67, in addition to the charge upon the
revenue for
the service of the said year already provided for in the Estimates
submitted to the y
Legislativo Council: Be it enacted by the Governor of Hongkong, with the
advice of
the Legislative Council thereof, as follows:-

1. A sum not exceeding one hundred and tliirty-fivo thousand dollars
shall be and snrplemcntnrr

~etimates, :8C7.

the same is hereby charged upon the revenue of this Colony for the
service of the year

1867, the said sum so charged being expended as hereinafter specified;
that is to say:-

ESTABLISIIMENTS

133.58

1,319.66

1,051.65

1,520.3

41:00

2,566.27

23.7.9.0

336.08

74$::52

11 6;I42~6

9,4SS6.I

12:88

620.7.0 .

118.00

526.00,

2,200.00

TOTAL EsTkuLisHMzXhTs, ..... 2;,013.75

ADMINISTRATION OZ' JUSTICE, (exclusive of Establishments) , 2,028.90

CIVIL HOSPITAL,
POLICE,

do.,
do.,

...... 1,748.$8
...... 22,697.12

1,499.52.
93:72

WORKS AND BUILDINGS,- : : ........ ...... : 35,268:61

ROADS, STREE'T'S, AND :BRIDGES, . :.~: _ ,15,863.83

MISCELLANEOUS SERVICES, . ., 2,520.58
LAND AID HOUSES PURCHASED, . : 1,412:50.

SPECIAL EXEIEIVSES; ::.: .......... - .... 21;798:08

$131,409.21

[Repealed by -Oodarranae 1'0. 4.of 1887.)
1007
Title.
Preamble.
Supplementary Estimates, 1867.

1007
Title.
Preamble.
Supplementary Estimates, 1867.

https://oelawhk.lib.hku.hk/items/show/248

STAMP (AMENDMENT) ORDINANCE, 1868

Stamp Duties.

No. 5 of 1868.

An Ordinance to amend 'The Stamp Urdiu,ncc, 1868.'

[21nd May, 1868.]

WHEREAS it is expedient to amend, 'The Stamp Ordinance, 1866;' Be it
enacted by the Governor of Hongl:ong, with the advice of the hegislative

Council thereof, as follows:-

(l.) There shall be inserted in clause 6 of section 16 after the word
'satisfied':
the words 'by affidavit,' and the word °°shall' shall be substituted

for 'may' in the same clause.

(2.) In section 20 there shall be substituted for the words 'ten dollars'
the
words 'one dollar.'

(3.) From section 23 there shall be omitted the words 'if required' and
for
the words '° case of refusal' there shall be substituted the words

'° default thereof.'

21. It shall be lawful for all Courts and Magistrates and for the
Collector of Stamp
Revenue and all persons employed for the sale or distribution of stamp
and they are
hereby required to ta>~e possession of any~deed, instrument, or
writing.as.to which any

offense or bread of the provisions of the law relating to stamps may
appear to hope
been committed and to deliver the same to be used in any prosecution or
proceeding
111 any Court.

°seotwonsaFssmne 3. Section 6 of 'The Stamp Ordinance, 1866,' shall he
repealed, but such.repeal.
8ta'm~erd3na~oe,
a tBiiQhR~pe~a~-: , shall not affect any proceeding pending, or any right
that has arisen or may arise, or
nettoa
proceeding ~eeotanp , ,-'y. penalty incurred or tbaa may be incurred in
respect of any transaction, get,: matter;
-'- , - _
pending, . e. .~` or,th2ng done or existing prior to, or at the
commencement of this Ordinance; under or

by virtue of the said section.
OIiDINXNCE \o.. a oy1;86g,.

Stamp Duties.

4. For every deed, instrument, or writing which shall be executed from
the time SUMP

~V89ab1Q as in
when this Ordinance shall come into force, and -which shall be of any of
the kinds Y~''~d
specified as requiring stamps by the schedule annexed to this Ordinance,
except as

provided hereafter in section 5 of this Ordinance, there shall be payable
to Government
a stamp duty of the amount indicated in the said schedule to be proper
for such deed;
instrument, or writing. Whenever the word 'schedule' occurs in any part
of 'The
Stamp Ordinance, 1866,' except section G thereof, it shall be read 'as
having reference
to the schedule annexed to this Ordinance.

5. The Governor in Council shall for twelve mouths after the commencement
of Governor In
this Ordinance, have power to declare by any order duly, published in the
Gazette that Connell may
declare schedule
till further notice the stamps required by the schedule o£ 'The,Stamp
Ordinance, 1866,' (01 ,~ n,°;De e, lace,
shall be the stamps to be used for any deed, iastatimeiit; or writing
specified in such t' f° In ftn.
order in lieu of the stamps required under the schedule to this Ordinance
annexed.

6. This Ordinance may be cited for all purposes as 'The Stamp
(Amendment)snorw,ctae.

Ordinance, 1868,' and shall commence and tape effect on such day as
shall hereafter cmnmencomout
:be fixed by proclamation under the baud of tho Governor: of Ordinance.

SCHEDULE.
Gbrttaianing a- speoffiea.tion of the deals, instrunrcnts and writings
nle£cla reyrcere to be stamped u.ndcr

this Ordinaprce, and of thel`,nycr~ stairryc fur molt, deeds,
instrupnentp; and -writings.

1. Agreementor any minute or memorandum of an agreement
not being under seal or of the nature of an obligation for the pay -
went of money, and not specially charged wit duty under this
schedule, whether the same be only evidence of a contract or obli
gatory upon the parties, and brokers' notes or any document having
reference to the sale or purchase of any mercha.ndize, given by any

broker, : .......................................... ..........

oT1E.-If two or more letters arc njfcrred in evidence to prove
an agreement bet7ecen the parties who shall have written
such letters, it will be rtr frciant if arry one of such. letters, be

stamped as au agreement.

Label, slip or memorandum containing the heads of any fire or
-marine insurance to be effected,

Memorandum, letter or agreement made for or relating to the sale
of any goods, wares or merchandizc, or to the sale of any shares in any
public company not being a broker's note or document given by a
broker.

Seamen's advance note or- memorandum or agreemer5t made
between the master and mariners of any ship for wages.

Emigration contract. Passage ticket.

2. Bank notes, or other obligations for the payment of money
issued by any-banker or banking company in the Colony- for local-,.

circulation and payable to bearer on demand, ;,

El stanrp duty of two thiMpt
per cent per annum par_
$100 rf tlce az:eraqcvk2oe,
nf'suelc notes in aarau.Tit=
tion. 1'o bc. collected
monthly on a statement.
tlerecfto bafuriisled-hy
each--banher.or banking:
camp. and to tlic Galledcav
of .5`tcvmp Revenue, at the
and-of caola month, and by
the banker or themzanagar
or agent ard accountant
rfsuc7ebaakingcompang.
12. Probates and letters of .administration with or without

6he mill annexed, (administration bonds exempt),

URD-IN,AXCE; yVa5: oFv'1$6$:

Stamp Duties.

3. Bills of excltan~,re, promissory notes or other obligations for
the paymentofmoney not inclndedinthelastpreccding article and
not bema cheques or orders for the payment of money at sight or on

Bank cheques payable on demand to any person, to bearer, or
titder, 2 cents sack. ,

NOTE.-Clceqnea drawn out of, but payable $n the Colony
to be treated as bills of exchange.

.

rieeA for each part of. every set, - -,

EXEMPTION.

Bills o£ lading for any goods or effects shipped by any fJrovcrn-
ment officer on account of Government.

6. Bond or other obligation concerning respondentia and
botbomry, and average statement or bond where no statement is

' : ' 6:.Charter party or any agreement or contract for the charter,

nihiring of any sea going ship or vessel, , .

7. Transfer of shares or stock in any public company, scrip

certificate to be exempt, :

8. Power of Attorney,

9. :Tote of protest, by any commander or maatcr of a vessel ........

10. Any notarial act whatsoever not otherwise charged in this

II. Receipt or discharge given for the payment o£ money or in)

-Acquittal o£ a debt paid in money or otherwise, when the suns to. ~ .

acived,-discharged or'acquitted exceeds $1V, , .

EXEMPTIONS,

Letter sent by post, acknowledging the arrival of a currency, or
1)1',QMIsaory note, bill of exchange, or any.security for money. .

Receipt or discharge written upon or contained in any bill of
'expliange;, promissory note, deed or other instrument charged with
tiuty.u>uder this schedule and duly stamped, and receipts forpayand
allowances of persona in the service of the Government, whether Civil,

Naval or Military . .,

Mot exccading $100, if
drawn singly, ... ....$0.30

If in sets. jbr rack
part rf a set,...'..,$O.TS

Exceeding $100, and
not cxcceditzg $3,000-

If drawn, singly,
If in sets, for each,
part of a set, . $0.50
Exceeding $3,000-
If drawn singly, $1.50
If in sets, fur cacti
part of a act $0.7LL

10 yenta.

60 cents for every $1,000 or-

paTt of$ 1,000.

Veeeed not exceu7inp 400 Tons, ~5.00

Exeeedp. 200 and ,wt exceetlp. 300 $5.00
7t0;1 600 , ~OD
., bw
, 750 ,.
750 r ON $6.W.

Every 100 lone over 1,000 Lens, 'h..50
C y Charter under 200 ~t.00each,
do. above 200 , C$5.00

Duty to be cfculutcd aii Iieateta''ed
forrnage.

60 cents for every $GOO.or°
fraetirnt of $500.

$2.

25 cants.

3 cents.

The same ad valorenz dtrty-
as on a conveyance to be
calculated upon tkevcilue. ,
of the estate and effects
fur or in respect of which
suck 'Probate or -letters
of administration shall
be granted exclusive of
what Ike deceased skald
have been possessed of or
entitled to as a trustee
far any utlzer:persan or
.persons, and nut benefi-
cially.
GR1i1N.AXCE-'-N0-,.--,5 OF' 1868.

rs`11aj4 -Dutks.

13. Conveyance; assignment or instrument of any kind or des-
cription whatsoever not specially charged with duty under this
schedule executed for the transfer for valuable consideration of an3
property, moveable or immovcable, or of any right, title, claim, or'

interest in, to, or upon the same, , . ,

Deed or other instrument of gift, or of exchange or settlement
where no money consideration or a merely nominal money conside-

ration passes,., , ...................................

EXEMPTION.

Transfer by mere endorsement. of a duly stamped bill of exchange,
promissory note or other negotiable instrument, or o£ a bill o£ lading,
and transfer by assignment of a policy o£ insurance.

14. Mortgage, , , , ,

Where in amortga.gc the sum secured is unlimited, ..................

15. Re-assignment of any mortgaged property ,

IB. Letter or other instrument of hypothecation accompanying ~

.deposit of documents o£ title to any 1>roperty, .

' : 79. Duplicate or counterpart of any deed, instrument or WTI t-
ing of any description whatever chargeable with duty under this

-prdiriance,: , . -.. ..,...

Tithe duty chargeable on the original eigoeeda $l'but does not

exceed $10, . , , . . ,

If the duty chargeable on, the original- exceeds $TO but does-

not exceed $20 .

If the duty oil the on¢ ginil exceeds $20, ,

Provided that such duplicate or couiiteipart stamp shall be affixed
upon the- production of the original -deed, :instrument- or writi,i?g
baring its proper stamp and not otherwise.'

I R. Lease or agreement .nr a lease made for a term, o£ .years'
or for a period determinable with ``one `or-mpie lie or lives.- or
otherwise contingent in consideration of a arm of money paid in,

the way of premium, fkne.or the like if without ran.t, : : : ,

1.9 lease or -agreement for a lease of any land, house, building
rot. tenmeut at a.ren>: lvithout'any payment of-ariy suyno of money by
may. Q one 9r Premium

:-.

;hen tie-rentjox, the year sball.no£ exceed $250, :: ... .. ...
under `'$ : X00 ,. . :

for every additior
.$1;QUO~or part . - . . ...... ., ,

Exempt, >;iTl.iexit.a`launder $50.

?;icentsfaa'czery$100m~aart

of $100 of the oo-naidr?'tc-
titraa antrraca,/ or aarwasatt
secua'rtl up to$ 1.000, and
$2 for every $1,000 or
part trf $1,000 trf'ttr the
/asst $1,000.

$i on first $1,000 or hart of
$1,000, and 50 cents on
every other $1,000 or
part thereof.

25 cents on every St-),000 or
hart. of $5,000.

!'he Same duty us the oa ayBaia&.
when such, flaety docx not

.'fho.sa-nLe ad a:uloaraaa stauy
its oat rc ooaanreyancc. vest,

0.25. , 0.50
o ~o > .l.oo
Loo 2.00
2.00 4.00
. U0 - -1 Q.60t 20.00

1.25; . - 2.60 ~5,00
ORDINANCE INO, 5~ eir 111,86180

$tamp DZGtGG'8.

20. Lease or agreement for a lease of any Land, house, building
or stipulating for a rent granted in consideration of, a

fine or hrcmium, , ,

NoTH.-Ei lease, executed in pursuance of a duly stamped
agreement for the same. shall require a stamp of one
dollar only, to be affta'ed,un production of such agrcentent.

21 Every instrument in writing under seal not otherwise;

specially charged with duty under this schedule, : !

22. Policies of marine insurance and every copy, . . . ,

23. Articles of clerkship, or contract whereby any person shall
first become bound to serve as a clerk, in order to his admission as

an attorney or solicitor, ,

24, Warrant of attorney,.

28. Copartnership deed or other instrument of, ,

2E. Cognovit and arbitration award,, ,

GENERAL EXEMPTIONS.

Any deed, instrument or writing of any kind whatsoever made or
exocuted by or on behalf of Tier Majesty or of any department of
xlor-Majesty's service, or whereby any property or intercatis
transferred..
Lo or any contract of any kind whatsoever is made with tier Majesty
or any person for or on behalf of Her Majesty or any such department
as aforesaid.

NOTE.-,TJee egalnfl exantption does not extend to any
decd, instrument in- mrritimy executed Fry, the Registrar of,
the Supreme Court as OJlcial Administrator or by a
receiver appointed by any G'ourt, or to any deed, inatru-
-mcnt, or icritiny re>trlcrrjd.ntecssary by any Ordinance or
by the order of any Quurt; neither does it e.ctund to a sate
made for the recovery of an krrear of ravenuc or rent or
in satisfaction rf a ~erce or order of Court, in any of
wAinh. cases the,patrehascr shall be required to pay in.
addition to the purchase.mtoney the avuownt,uftltercquisi.te
stamp.

A stamp of value equay to thr
joint value of the atamupx=.
for a conveyance ix con-
sideration of the Etna a.nd-
a lease for the rent.

10 cents each.

[In force originally from 23rd May, 1888, by proclamation of same dote:
but
date of coming into force altered by Government Notification of the 25th
May, 1868, to the Ist July in the same year; repealed by

Ordinance No, 15 of 1884.E

NOM --For orders of the Governor in Council under this, Ordinance
fee order of the 9th .Fune,,1868, (Gazette 13th of the scz>ne. month,).
order-,
of the 26th October, 1868, (Gazette 31st of the same month,) additional
order of the 21st November, 1868. (Gazette of the-same date.)

See also further additional. order of the 15th December, .1882; referred
to ct~
foot of Ordinance 1V6. 12 of 1856.
1002
Title.
Preamble.
Amendmetns in 'The Stamp Ordinance, 1886.'
Section 16.
Section 20.
Section 23.
All Courts, &c., to take possession of deeds, &c., as to which offence may appear to have been committed and to deliver the same to ebe used in prosecutions.
Section 6 of 'The Stamp Ordinance, 1866,' repealed, but such repeal not to affect any proceeding pending, &c.
1003
Stamp duty to be payable as in schedule.
Governor in Council may for twelve months declare schedule of Stamp Ordinance, 1866, to be in force.
Short title.
Commencement of Ordinance.

1004
1005
1006

1002
Title.
Preamble.
Amendmetns in 'The Stamp Ordinance, 1886.'
Section 16.
Section 20.
Section 23.
All Courts, &c., to take possession of deeds, &c., as to which offence may appear to have been committed and to deliver the same to ebe used in prosecutions.
Section 6 of 'The Stamp Ordinance, 1866,' repealed, but such repeal not to affect any proceeding pending, &c.
1003
Stamp duty to be payable as in schedule.
Governor in Council may for twelve months declare schedule of Stamp Ordinance, 1866, to be in force.
Short title.
Commencement of Ordinance.

1004
1005
1006

https://oelawhk.lib.hku.hk/items/show/247

HONGKONG FIRE BRIGADE ORDINANCE, 1868

Fire Brigade.

No. 4 of 1868.

An Ordinance for the Establishment of a Fire Brigade.

[22nd May, 1868.]

WHEREAS it is expedient to make further provision for the pro-
tectionof,life, and property frown fire within the Colony of Hong-
kung; 13e it therefore enacted by the Governor of I-3ongkong; with the
advice of the Legislative ('ouncil thereof; as follows :---

1. This Ordinance may be cited for all purposes as 'The Tiong- stkort,
titro:
lzong Fire Brigade Ordinance, 18u$.'

TTitle.

[See Ord.

Aro. 23 v1'
i88s.

rrearat>n.

2. Lt shall be lawful for the Governor to -select from the Polioe end. :
Govexnor .tp :'
select a fotco-
any others volunteering .for the duty a force to whom shall
.be-enttrusted.lnre;ationro.;
the duty of extinnuisliirlg fires and protecting life and property in
case,
,of fire within this Colony and to furnish the said force with -such fire-
-
engines, horses, accoutrements, -.tools and implements a.s M, ay be neces-
sary for. the complete equipment -of the said force or conducive to the
efficient performance of their duties.

3. The force of firemen established under this Urdinalrce.shall be
coristicteiar,t
of File ° . -
called the 'Honolkong Fire l'srigrrde,, ' and shall be under -he command
Brigade.:
of ail officer to be called the ' Superintendent .of the 1-longkong Fire

Brigade.' The Superintendent and men composing the said Fire Br=igade
shall be appointed acrd removed at the pleasure of the Governor.

4. The Governor in Council shall from time to time fix the amount `
s,1aries,-&o,
of salaries and working-pay to be. payable to members of the asaid Fire
of ~~e tuiLitg

Brigade, and may also make regulations firming the arnount,of compensa-
Brigade, :&c.
tion to be .made to them in case of accicie-nt .or .to their -wives or
families
.in case of their death, and . likewise the .bratuities to .be paid to
person
-diving notices :o£fires, and those to be*ow.tirrre to time awarded to any
Power to
make regula
tfons for
'Fire Brigade.

ORDINANCE :N=o: 4 'o'P~'~Sfi-S.

Fire Brigade.

member of the said force or to any other person for extraordinary
services performed in cases of fire, and the Governor is hereby authorized
to make all payment so ordered by the Governor in Council aforesaid
out of any movies belonging to the Colony.

5. The Governor in Council may make regulations for the training,
discipline and good conduct of the, men belonging to the said Fire
Brigade, ,
for their speedy attendance. with engines and all necessary implements
on the occasion of any alarm of fire and generally for the maintenance.,
in a due state of efficiency of the said Brigade and may ,annex to any
breach of such regulations, penalties not exceeding in amount twenty-

five dollars.

AS so powers 6. On the occasion of a fire the Superintendent or other
officer in
,,of-Fire
>3rtgado, charge of the .Fire Brigade may in his discretion take the
command of any
volunteer fire brigade or other persona who voluntarily place their

services at his disposal and may remove or order any firemen to remove
any persons interfering by their presence with the operations of the Fire
Brigade and generally may take such measures as may appear expedient
for the protection of life and property and may himself or his men break
into or through and take possession of or blow up with gunpowder or
pull down any premises for the purpose of putting an end to afire, end
any officer or member of the hire Brigade acting bo7u-,fide under this
Ordinance and the powers hereby conferred shall not be liable to any
damages for any act done under tljia section. The Superintendent of
the said Fire Brigade or other offlccr in charge thereof may close any
street in or near which afire is burning and may remove any persons
who interfere by their presence with .the operations of the Fire Brigade.
Any damage occasioned by the Fire Brigade in the execution of their
duties shall be deemed to be diimage by fire within the meaning of and
-policy of insurance aiiinst fire.

`7, The powers given to the Superintendent of Police by section 8

of Ordinance No. 9 of 1857 are hereby transferred to the Superintendent
or Officer in charge of the Fire Brigade for the time being.

Powers of
Superintend-
~ont of Police
under Orcii-
naiice X10.
.` 9 o=185?
tiariaferited

to,supe~n...
terident of.°
Fire Brf~ade.

Flro 8rigsda'
rate to be
tiap6aed,

8. There shall be levied quarterly on the Crown lessees of all lands in
the districts
compxised within the City of Victoria, a rate to be called a fire
:brigade rate nut
exceeding three-fourths per cent per annum on the gross annual value of
property set
Charge of Brigade.

1. In the absence of the Superintendent, `the Senior Assistant
-.Superintendent will
command the Brigade; and in the absence of the Superintendents, the
foremen will. take
charge according to seniority.

Fire Alarm.
1

2. On the alarm o£ fire, the bell will be rung without delay, first with
a quick alarm
for five minutes-to be followed by single, double, or troble beats to:
denote the situation
of the fire: one stroke indicating, the eastern district, eastward of
9~urray Barracks; two,
the .central, from Murray Barracks to the Harbour Office; and three, the
western district.

A' (a.) The foremen _and pioneers will at once pxocod to the fire and
prepare for
the arrival o£ the engines; they must carefully examine the premises_oii-
fire and the surrounding -buildiags-and obtain all possible ihforma,ti6nas
to the-water supply, with the view to the most effective working o£ the
fire engines: They should use every means in their, power tti;eseJ.udo-

all avoidable currents of air' from the fire, and ascertain
andasceriabl:,wh4bir there
are any communications with the adjoining hoses by' the -roof, gable, or
otherwise.

ORDIN:4\C.la;',~ No. 4: oF..h868.

Fire Brigade.

forth in the Police rate assessment for each current year, and the first
levy of the said
rate shall be made for the third quarter of the year 1$68; and the said
rate shall be
applied in maintaining the said Fire Brigade, and in defraying all
expenses connected
therewith. [Repealed by Ordinance No. 12 of r875.]

9. This Ordinance, Ordinance No. 12 of 1860, Ordinance No. 5 of 1863
and Ordinances to
be construed
Ordinance No. 11 of 1867, shall be construed together and for all
requisite purposes together.
be deemed and taken as one Ordinance and the ways and means for carrying
this
Ordinance into effect, shall be the same as prescribed by the two last
mentioned
Ordinances. [.Repealed by Ordinance No. 12 of 1875.

10. X11 offences under this Ordinance shall be triable before one of
O&naes hew
the Police Magistrates, who shall have power to enforce all penalties
tr'abie.
hereby imposed, or which may be imposed by any order of the Governor
in Council.

11. This Ordinance shall, come into force on such day as shall
hereafter be fixed by proclamation under the hand of the Governor.

[In fonee, from 23rd May, 1868, by proclamation of same date.

Comupenccs-
ment of
Ordinance.

Regulations for the Hongkong Fire Brigade made by the Governor in _
Coiincal u.-rtder >;he 'N'~,*
c~_ z U.~eerf~a:- _

provisions of Ordinance 4 of 1868, on the -28th
Aujust;-I8S2-(Gaxe~te.l6th,
Fire Brigade.'

(b.) The engine drivers of steam engines will immediately. light fires in
the,
engines,' and &11 members of the Brigade stationed? on the central
district will hasten to the central Fire Brigade Station to assist in
taking
the engines to the fire; but those men who are in charge of hose reels;;
coal carts, ladders, supply carts, &c., must on no account neglect those
duties which they have.lieen specially appointed to perform.

Arrival of Engines at Fires.

$.' On the arrival of the engines, the assistant foremen and- the
assistant engine,
drivers will at once connect the delivery hoses with the engines, and
then run them out
towards the fire as directed by the Superintendents or foremen. After
thin, the suction
hose will be carefully connected, and the assistant engine driver will
see that it is properly
screwed home. It must always be borne in mind that the shorter the
auction hose the
greater is the power obtained.

(a.) The hosomen attached to each engine will see that the hose is laid
on in as
straight a line as practicable without twists, sharp turns, or unnecessary
bonds; they must, from time to time, observe the position of the hose
reel, so that they may be always prepared to replace promptly any length
which may be burst or otherwise damaged.

Foremen.

4. Foremen and assistant foremen are expected to make themselves
acquainted with
the water system of Victoria (a plan of which will be supplied); to know
the position of
main plugs in all parts of the town, and also the tanks from which they
are supplied.
They should be able to give the men under them instructions on all points
relating to
their dutyf such as connecting, disconnecting, and running out hose, 'and
also as to the
position of main plugs, wells, and other sources of water supply. It is
their duty to
ascertain the cause of fire in each case, and to report the same to the
Superintendent also
Yo observe the conduct of the officers and men under them, and to report
any irregularity
'on their part without delay.

(a.) When on duty at a fire, they must see that the men -at the branch are
placed in such a position that the stream may actually strike the burning
materials. Playing at random through a window should be avoided
whenever it is possible to obtain a better position, either by entering
the
house which is on fire, by ;ascending the roof of an adjoining building,
or otherwise. They should, see that a safe retreat is kept open for the
men at the branch, and that those working manual engines are not ex-
posed to unnecessary danger.

Engine Drivers.

5. Engine drivers and assistant engine drivers should be thoroughly
acquainted with
trio water system; and should know where a supply of fresh or sea water
could most
`°~ikdily be obtained in airy part of the town.

* 77its is to be considered discretionary when the fire Ss known to be at
a consideFAble distance from the station.
O=R,DIIVAN1,C: : t-FQ* 4,oF

They will be held responsible that the coal carts, hose reels, supply
carts,
ladders,; 8zc., are st all times ready for use, and that those, together
with
a, sufficient supply of hose, and other material, accompany the engine to
which they are attached, to the fire.

(b.) In moving the engines, they must be most careful that no injury is
done
to the hose of other brigades.

(e:) T hey are to carry out the orders of - the engineer, and are on no
account to
disconnect any portion of the machinery without his permission, unless
on an emergency they be ordered to do so by one of the Superintendents.

Firemen and, other Members of the Fire Brigade.

6. Without the permission of one of the Superintendents, no fireman or .
other
member of the Brigade is, while on duty, of receive any refreshment
whatever, except
that which will, whop necessary, be supplied at the Government expense.

(a.) The duties of firemen being differerit from hose of Police
constables, the
senior officer present may, at his discretion, allow the men to smoke
after
the fire has been extinguished, provided they, are not actively engaged.

(L.) Members of the Brigade are not to receive orders from any ono except
their
own officers. They sliould always be respectful towards those with
whom they are brought in contact, and afford every assistance in their
power to members of otber.,fire brigades.

' (c.) As .t.ho reputation of the Brigade depends, in a great nneasuro,
upon the.

behaviour of tl7e firornen, any case of incivility' or disrespect will be
considered to disqualify tlxern.. for the post.

02ct-Stations.

7, In the out-stations, where there are no officers of the Brigade, the
Police Inspector
may take charge of the engine in the. eaect af,,4 fire. .k1t other
times,=.the care. of the
engine anal; other Fire Brigade material will rest with the fireman, who
will see that the,
rules here,laid down for-working, the engines are observed. In the,
eastern and western
districts of Victoria, slag, the. sepior firemen will have charge of the
-engines and other
Fire Brigade equipirient.

Engineer.

$. .Tlie engineer must attend ~ all fires'arid all inspections. He
should, on the first
day of each month, send to the Superintendent a report;showing the
condition of each,
of the hand and steam engines stationed in Victoria, -the repairs or
alterations effected

during,ahe month, and those which he considers still necessary.

(0-),,FIe_ its erected to ipstrqct, tlie,eugjine drivers and asAs engine
drivers
-a

in; duties, and to supervise their wor~; aI nd,he~ hould bring any

' - d,§obedience pr ,ipatteuxion pp tlteir part at once t6 tbenotice of
the. . _ SpPq3n:tEndent:
aRmvAXcr~ No: 4 of 1s6s

Fire Brigade.

(b.) Ho will tort the boilers of all the steam engines of the Brigade
once every,
six months under hydraulic pressure equal to at least fifty per centum
snore than that used at fires and report having done so, to the Superin-
tendent, in writing.

.Firemen's .Equipment.

9. Firemen will be supplied with the following articles of clouting every
two years

1 'Punic.
I Pair trowsera.
1 Cap or hat.
' 2 Pairs of boots or shoes.

The helmet, belt, Sac., will he supplied as required, and clothing
destroyed at fires:
will, with the approval of tho Superintendent, be replaced free of charge.

Station of Watchmen and Stokers.

10. The watchmen and stokers of the hire Brigade win be stationed and
ernployod
tie follows :-

6 6 Watchmen.

Central Fire Brigade Station, ..... .... ~ k

4 Sto ers.

Harbour Master's Ofl'ICers' Qua rters, .. . . ., .. 2 Watchmen.
West Point Engine Souse, . ... ... .... ..2 Watchmen.
'fast Point Engine )louse, . ,. ... . . , . . .: ..2 Watchmen.
Clock Tower Alarm Bell, . . . . . . . .. . . . . . .. . .2 Watchmen.

Duties.

*CENTRAL STATION.-WATER TOWER.

(ci.) ` No. I. Watchman, ... ... ...... ... ... from G P.M. to 9 p.m.
No. 2.

No. 3.
No. 4.

12 P.- to 3 A.M.

CENTRAL STATION.-ENGINE.HOUSE.

No.' I. Stoker,
No. 2.
No. 3.
No. 4.
No. 5. ~~ . -.
No. I. Watchman,
No. 2.
N 0. 3.
No. 4.

from 6 P.m.' to 12 P.m-
I2 p.m. to 6 A.M

G A.M. to noon.
noon to 6 P.m.

6 P.M. to -2 A.M.,
2 A.M. to 6 A.M.:
6A.m. to 10 A.m.
IO-A.M.tO 2.r.M..
2 P.m. to 6 P.M_
ORDIV'ANCliv No. 4 0v

Fire,<Brigasae.

(c.) Watchmen and stokers, while on duty, must at all times be neatly
dressed
in uniform. The man on the tower will strike the boars and half -hom's
by the ships' bolls. He must keep a strict look- out and ring the alarm
(vide sec. 2), without delay, should lie see a fire in any part of
Victoria.
In doubtful cases, or in the event of fire on board ship, or in British
Rau-lung, lie will call the.: engine driver without delay and be guided
by his instructions.

(d.) The stoker on duty in the Central Station will remain in the engine
roam,
and the watchman will be responsible for the rest .of tho building. ,,

(e.) In the event of fire, the watchman on enJine horse duty will remain
in
charge of tho building while the other watchmen and stokers accompany
the engines and hoso reels to which they a-re'attacbed.

The engine drivers, stokers anti watchmen at the Central Fire Brigade
Station, Harbour Office, East and West Point Engine Houses, will do duty
in tern during the day and night, six hours on and six off. While on
duty, they mast at all times be neatly dressed in uniform. '.LNo engine
driver, stoker or watchman is to absent himself from his station at
any time without the sanction of the officer in charge of the Central
Fire.
Brigade Station.

O,#ences b y Members of the Fire Brigade.

12. Whenever any foreman, ~watcliman, angina driver, or other member of
tho'.Niro
Brigade shall be guilty of 'y-neglect or violation of duty, or -breach
-of discipline, or, shall

be guilty of any disobedience to the regulations framed nnder.section 5
of Ordinance 44,

1868, or of any other misconduct as a mombei`'of the dire Brigade; or
shall -not, upoi,;

ceasing to belong to the Brigade, deliver all,- uniform, accoutrements
and alTointments'
entrusted to him for the performance of his duty, shall on conviction
thereof bef6rea' Police
Magistrate be liable to a fino of'not exceeding twenty-five dollars.

Regulations for the Hongkong Fire Brigade made by the Governor in Council
under
the provisions of Ordinance No. 4 of 1868, on the 8th December, 1882.

1. All officers of the Brigade, except those detailed for duty elsewhere,
are to reside
within the limits of the town of Victoria and are not to absent
themselves except on duty,
without the permission of the Sixporinteridont, and-'any officer becoming
incapacitated by:,
illness or otherwise should report the fact as soon;aspossible to the
Superintendent.

2,-In the absence of the Saperintendent,=the senior Assistant
Superintendent Will,r
command the-Brigade; and in -the absence of the Superintendents, the
foremen will Uke..

charge according to seniority.

All inembers of the Brigade should'xnake themselves acquainted with the
water
:9ystem.: of. Victoria.- They should know the -position of fire plugs in
all the principal

NoTE~2he abodektepnlations are printed although they are probably
superseded by the
Regulations:, of the 8th December 1882.
ORDTNit1NCt `N®: 4 or4 i%a6v.

Are,Bmigude.

'streets, and the tanks from which they also'the -situation
:of wells, and the
,average depth of water at all points accessible to an engine along the
Praya wall. This.
oider applies especially to the officers of the Brigade who axe expected
to know the best
means of supplying an engine with water in any part of the town.

' 4. On the alarm of fire, the bell will be rung without delay. First
with a quick
alarm for two minutes, to be followed by single, double, or treble
strokes to denote they
situation of the fire. One stroke indicating the eastern district,
eastward of Murray
Barracks; two, the central district, from Murray Barracks to the Harbour
Office; and.
three, 'the'westorn' district.

5. On the 'alarm being sounded, firemen and officers who have not
been'told off for
special duty will hasten to the engine house'of their district to assist
in taking the engines
to the fire. But those in charge of hose reels, coal carts, ladders,
supply carts, &c.; must
on no account neglect the duties which they have been specially appointed
to,perform.

6. On the arrival of the engines at the scene of fire, they will be
stationed in such
positions as the senior officer present may direct. In placing them, as
wall as in 1r.1 a

out the hose, great care should be taken to allow as mach space as
possible for the us&:
of any opines that may subsequently arrive on the ground. On potting the
engine as.
close to the water supply as the nature of the ground will admit, the
delivery hose should.
first be connected and run out towards the fire as .directed by the
senior officer present;.
next the suntion hose should ,be carefully screwed home. It mast be
always borne in -
mind that the shorter the'suction hose, the -greater the power obtained,
and -that,:if= carew.
lossly connected, the efficiency of~the engine may be seriously affected.

7. Great care should be taken to rnr) out the hose in as straight; a line
as possiblcs
without twists, sharp turns, or unnecessary bends. The firemen attached
to ~each engine
should, from time to tune, observe the position of the reel or other hose
supply, so that
they may be able to replace promptly any length which may burst or become
.otherwise
damaged.

$,' Firemen in charge of the branch should place themselves in such a
position that.
the stream from the nozzle-may actually strike the burning materials.
Playing at random
from the ground, through a window should be avoided, whenever it is
possible to obtain
a better position, either by entering the premises on fire, ascending the
roof of an adjoin=
_,Ing building, or btheiw-ise.

S. In moving engines, escapes, 'Supply carts, &c., great care should be
taken not t~
injure the hose of other brigades.

10. Without the permission of one of the Superintendents, no foreman or
other
member of the Biigade is to receive any refreshment whatever, while on
duty, except,
that which, when necessary, will be supplied free of cost by the
Government.

.11.. 9L1 members of the Brigade ,are strictly prohibited from smoking
while on duty
,rM.,fl.res or inspections. But men remaining owwatch after a fire has
been subdued, way
atr the discretion of the senior. officer present be. allowed to smpke
when not actively
engaged.
'Vat)INANCE2 . N
, ov 4 of M6'3.

Fire Brigade.-,

12. Members of the Brigade are not to receive orders from any one except.
their own
officers. They should always be respectful towards those with whom they
are brought
in contact, and should afford every assistance in their power to members
of other brigades.

13. As the reputation of the Brigade depends in a great measure upon the
behaviour
of the firemen, any case of incivility,will be considered to disqualify
thaw for the pos t.

14. In out-stations, where there are no officers of the Brigade, the
Police Inspector
will take charge of the engine in the event of fire. At other times, the
care of the
engine and other fire brigade material will rest with the fireman, who
will see. that the
rules here laid down for working the engines are observed. In the eastern
and western
districts of Victoria., the senior firemen will have charge of the
engines and other fire
brigade equipment.

115; Firemen will be supplied with the following articles of clothing
every two

years :--

I Tunic.

I Pair trowsers.
1 Cap or hat.
2 Pairs boots or shoos.

The helmet, belt, &c., will bo supplied as required, and clothing damaged
or destroyed
at fires will, with the approval of the Superintendent, be replaced free
of charge.

Foremen and Assistant Foremen.

18, h'oremon.and assistant foremen should be able to instruct those and®r
.Lhmm in

%ll matters relating tar their duty, su<sh: as connecting, diaconnoating
and runeing, ou.t TSa';
and'also as to the situation of wells, ,fire plugs and other sources- of
waterSupply..

i, It- is their duty to ascertain and report to the Superintendent.
thwaause of fire
in eaeli ease. ,

ii. They should observe the conduct of- the officers and men under them
and,
report any irregularity on their part or guy infringement of the depart-
mental regulations without delay to the Superintendent.

iii. On the alarm of fire if they have not been detailed for special duty
they
will, at once proceed with the pioneers and carafullg eNamino tlaae burn-
ing premises and the surrounding buildings, They should V also obtain
all possible information regarding the water supply. and the different
approaches to the fire, with a view to laying the hose,. and employing
the engine in the most effective manner. In placing the engine they -
should see that the directions _giveri in rule 6 are strictly observed.
They should use every means in their power to exclude all avoidable'
currents of air from the fire and to ascertain whether there are any
communications with the adjoining houses either by the roof,, gable or
otherwise.

im::The;y should see=that the men at the branches are placed in the best
poasi-

' blew position and that the directions contained in rule & are carried out
as well as circumatances:will admit.
OR:=DTNANCE -. No: 4 of 18G8:

Fire Brigade.

v. In the absence of the Superintendent and his assistant they should see
that -
a safe retreat is kept open for the branchmen and see that those engaged
with manual engines are not exposed to unnecessary danger.

Engineer.

1'/. The engineer will attend all,fixes, and all inspections of engines
or machinery:
tie should, on the first day of each month, send to the Superintendent a
report, showing
the condition of each of the hand, and steam engines stationed in
Victoria, the repairs or
alterations effected during the month, and those which ho considers still
necessary.

i. He is expected to instruct the engine drivers and assistant engine
drivers in
their duties, and to supervise their work; and be should bring any dis-
obedience or inattention on 'their part at once to the notice of the
Superintendent.

. 18. This officer's ,duty is to'aid the chief engineer in his various
duties, to instruct
the engine drivers, assistant engine drivers, watchmen and stokers in
their work and'tii.

repair anti keep in order all the material of the Brigade.

will test the

ii. Ile boilers of all the steam engines of the Brigade once every

six months under hydraulic pressure equal to fifty per centum morn than
that used at fires, and report having done so to the Superintendent, in
writing.

Assistant Engineer.

i: Ho will have charge of the stores in the Central Station and keep a
record-
of all articles received and expended, giving the dates on which they.
were received into or issued out of stock.

ii. He will furnish a monthly return of all serviceable and unserviceable
articles
in store to the Superintendent.

iii. Ho will at least once a month visit the different -engine houses and
hose
stations in Victoria, and the out-stations, and see that each engine is
properly equipped, and that hose and other supplies are properly looked
after by those in charge.

After fixes and inspections he should see that all hose has been properly
washed and dried before it is put on the reels, and that damaged lengths
are set aside for repair:

He will arrange the duties .of men in charge of coal'carts, hose
reels,.supply
carts, ladders and escapes at the Central Station, and see that these
appliances are at all times properly equipped and.xaady for;use, and that
they, .together with a sufficient supply of hose and other material,
accompany the ongiyes to.a.fixe.
nRDi1'I~TCE No.' 4 of 1-865:.

Tire Brigade.

19, When not required for their regular duty, engine drivers and
assistant engine
drivers will be employed in such manner as the assistant engineer, with
the sanction of
the Superintendent, may direct.

i. On hearing the alarm, they will at once light lire, unless they receive
orders
to the contrary from the assistant engineer.

ii. When on duty with engines at fires or inspections, they will see that
the
directions regarding connecting delivery for suction hose laid down in
rule 6 are strictly observed. The engine driver will be held responsible
that the different joints of the suction hose are firmly screwed hem©. x

iii. When told off to take charge of a coal cart, hose reel, supply cart,
ladder or
escape, they will be liable to dismissal if it is not at all times ready
for
rise or if they fail to take it with the engines to a fire. They will also
be held responsible for any infringement of rule 9.

iv. They' are to obey the orders of the engineer and his assistant and
are on no
account to disconnect any portion of the machinery -without his per-
mission, unless on an emergency they bo ordered to do so by one of the
Superintendents.

Engine Drivers and Assistant Engine Drivers.

Stokers and TYktclamen.

20. Stokers, when not required for their ordinary work, will perform the
duty of:
watchmen in such manner as the Superintendent may from time to time
direct. : Water . ~.EX,

',

nazi and stokers, while'on duty, mast be neatly dressed in -urizforzn -
The ritau- on dtat~' -: ^
onthe tower of the Central Station will strike the 'hours. and half hours-
by Abe

hells. Ho must keep a strict look out and ring- the alarm (see, rule 4)t'
wxtho ut` delay.v ' , ~;
should ho see a fire in any part of Victoria. In ,doub tful cases .or in
the event of a fire -on

board ship or in British Kowloon, he will at once caIL the senior
officer., present _ an& be
guided by his instructions.
i. The stoker on duty, in the Central Station will remain ln' the' engine
room
and the watchman will be responsible for the rest of, the building.
ii. In the event of fire, the watchman on the engine room duty 'will
remain in.
charge of the building, while the other watchmen and stokers-accompany
the engines, hose reels, &c., to which they, are attached to the fire

iii. Engine drivers, stokers, and watchmen at the different ermine
houses, file- 'v
alarms; and, stations -wi.ll keep watch in such manner as the Supertn

teadent, may, from time to time direct; while on ditty that' must at x,11
times be neatly dressed in uniform. No engine driver, stoker or 'watch _:
man is .to absent himself at any time without the sanction of
the.;offlcex,.-,,
in charge 'of the Central Fire Brigade Station.

2i.: Every member o£. the Brigade; on being
required`thereto,slaaTl:ileliver-up alk

ttnifoxm;aecoutrements and appointments entrusted to him for
the-:perforyance of hi&.
Fire Brigade.

No. 4 of 1868.

22. Whenever any foxeman,.fireman, engine driver, or other member of the Brigade
shall be guilty of any disobedience of regulations .framed under section 5 of Ordinance 4
of 1868, he shall, on conviction thereof before a Police Magistrate, be liable to a fine of
not exceeding twenty-five dollars.

Note -- For superseded regulations :

of the 18th February, 1876, see Gazette of the 19th of the same month.

-of ,the 5th October, 1880, see Gazette of the 11th December, 1880.
991

Tilte.
[See Ord. No. 23 of 1888.]
Preamble.
Short title.
Governor to select a force in relation to fires.
Constitution of Fire Brigade.
Salaries, &c. and gratuities of Fire Brigade, &c.
992
Power to make regulations for Fire Brigade.
As to powers of Fire Brigade.
Powers of Superintendent of Police under Ordinance No. 9 of 1857 transferred to Superintendent of Fire Brigade.
Fire Brigade rate to be imposed.
993
Ordinances to be construed together.
Offences how triable.
Commencement of Ordinance.
994
995
1002

991

Tilte.
[See Ord. No. 23 of 1888.]
Preamble.
Short title.
Governor to select a force in relation to fires.
Constitution of Fire Brigade.
Salaries, &c. and gratuities of Fire Brigade, &c.
992
Power to make regulations for Fire Brigade.
As to powers of Fire Brigade.
Powers of Superintendent of Police under Ordinance No. 9 of 1857 transferred to Superintendent of Fire Brigade.
Fire Brigade rate to be imposed.
993
Ordinances to be construed together.
Offences how triable.
Commencement of Ordinance.
994
995
1002

https://oelawhk.lib.hku.hk/items/show/246

WHIPPING AND SOLITARY CONFINEMENT ORDINANCE

with certain
Case&:: ,:

ORDI~TANCE No. 3- oar 1868.,

Whipping and Solitary Confinement.

No. 3 of 1868.

An Ordinance to Empower the Supreme Court to direct Offend-
ers, to be `vhipped and to be kept in Solitary Confinement
in certain specified Cases.
22nd May, 1868.

WHEREAS the crimes of child-stealing and of taking or detention
of persons against their will have recently much increased within
the Colony: anal whereas it is expedient that the punishment hitherto
awarded for crimes of this nature should be increased with a view to their
suppression: 13e it enacted by tire (xuve,rlror of Hongkong, with the
advice
of the Legislative Council thereof, as follows.: -

1. Where any person shall be convicted of any crime specified in sections
50 or
51 of Ordinance No. 4 of 1865, the Supreme Court allay, in addition to
the punishment
heretofore awarded for such uritne, direct that the offender, it' a male,
be once, tvAce,,
or thrice publicly or privately whipped subject to the following
lurovisions:-

(1.) That in the case of an offender, whose ago does not exceed sixteen
years, the number of strokes at each such whipping do not exceed
twentylfive,.
and the instrument used shall be a rattan.

(2.) That in the case of any other mate offender, the number of strokes
do not exceed thirty-six at each such whipping.

(3.) That in each case the Court in its sentence sliall_specify the
number-:
of strokes to be inflicted, and the instrument to be used. Provided that
.in
no case shall such whipping take place after tire expiration of six
months f rona
the passing of the sentence. [Repeated by Ordinance No. 3 of 1881.

preamble.

Power to award
pnnfehment of
whipping lncasos
specified in
sections 60 and bl
of Oruu.anca No,

Power ;n hke- 2 Where any person shall be convicted of any crime specified
in one

oases toawarct
:tolitvrv con. pf the said~sectioris 50 or .51, the Supreme Court may, in
addition of the.
11nement, pnni:ahlueut hurexoturc awarded for such crirnr, direct that the
uffinder
,.be kept in ,solitary conlinenlent fur any portion of his time of penal
servitude-or imprisonment, fur lr, period not exceedilrb one month at any'
one time and not exceedin0 three months in any one year.

$, Two Magistrates sitting together, shall and they are hereby empowered
to
hear and determine cases of child-stealing and of taking- or detaining
persons against
their will, and in every such case, if it shall appear that the ends of
justice will beat,
be met by dealing summarily therewith, the said Magistrates may adjudge
the offender
on conviction to be imprisoned and kept to bard labory for guy term not
exceeding two-
years and the provisions of section (i6 of Ordinance No. 4 of 18(i5 shall
apply to every-
such `conviction. [Repealed by Ordinance No. 16 of 1875.]
No. 3 of 1868.

Whipping and Solitary Confinement.

4. This Ordinance shad .not come into operation till Her Majesty
Sluspendhg
the QUEEN'S confirmation thereof shall have been proclaimed in the Corny,
by the Governor.

[Confirmation proclaimed 22nd September, 1868.]
990
Title.
[See Ord. No. 16 of 1887.]
Preamble.
Power to award punishment of whipping in cases specified in sections 50 and 51 of Ordinance No. 4 of 1865.
Power in like cases to award solitory confinement.
Two Magistrates empowered to deal with certain cases.
991
Suspending clause.

990
Title.
[See Ord. No. 16 of 1887.]
Preamble.
Power to award punishment of whipping in cases specified in sections 50 and 51 of Ordinance No. 4 of 1865.
Power in like cases to award solitory confinement.
Two Magistrates empowered to deal with certain cases.
991
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/245

DISARMAMENT OF JUNKS ORDINANCE

Disarmament of Junks.

No. 2 of 1868.

An Ordinance to enable the Governor to co-operate with the Chinese
Authorities for the Suppression of Piracy.

[22nd May, 1868.]

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

1. It shall be lawful for the Governor in Council from time to time to
frame such
orders to be enforced by such fines and penalties as the Governor in
Council shall
deem expedient, including forfeiture of vessel, for preventing all or any
description of
fishing vessels, and trading junks from carrying arms or munitions of
war, including
.stink pots, and the Governor in Council shall also have power from time
to time to
alter and amend such orders or revoke tile same or any part thereof:
Provided that
such personal penalties, irrespective of forfeiture of vessel, shall not
exec©d in: any one
case a fine of $500 or imprisonment with or without hard labor for one
year.

2. Such orders shall be duly published in the Gazette and from and after
such

OraerE t° be
publication shall have the same force and effect as if the same had been
specially published in-
- C;ii°tte. -
enacted herein. -.

3. Offences under this Ordinance shall be triable in a summary manner
before a.
Police Magistrate slid all fines imposed under this Ordinance shah be
recoverable in a , i~iavaa h°''-
like manner.

Inconsistent
laws, &c.; of
no force in
Hongkong. -
Saving of
jurisdiction of
Supreme
Court.

Power faiVPWtO -
the (#oveinor in
Oafwail'to M6e
Orden.

4. This Ordinance shall commence.and take effect on such day as shall
hereafter
OiaiiirincP when
be fixed by proclamation under the hand of the Governor, and shall cease
to have any. to cionimnC°.
effect after-the expiration of twelve months from that day.

[ha force from the 1st July, 1868, under proclamation of the 18th June,
1868:
repealed by Ordinance No. 4 of 1887.E '

NOrE. ~ For orders by the Governor iia Council under this Ordvnance, see
order
. - 7th July, 1868, (Gazette 11 th of the same month,) and see oader 12th
September,.
' 1868, (Gazette of the same date).
989

Title.
Power given to the Governor in Council to frame orders.
Orders to be published in Gazette.
Offences how triable.
Ordinance when to commence.

989

Title.
Power given to the Governor in Council to frame orders.
Orders to be published in Gazette.
Offences how triable.
Ordinance when to commence.

https://oelawhk.lib.hku.hk/items/show/244

SUPPRESSION OF PIRACY ORDINANCE (HONGKONG), 1868

Suppression of Piracy.

No. l of 1868.

An Ordinance to make provision for the more effectual Suppression of Piracy.

[22nd May, 1868.]

WHEREAS it is expedient that stringent measures should be adopted
for the suppression of piracy: Be it enacted by the Governor of'
Hongkong, with the advice of the Legislative Council thereof, as
follows:-
1. This Ordinance shall commence and take effect on such day as.
shall hereafter be fixed by proclawation.under the hind of the Governor. ORDINANCE No: :1 of 186ti

Suppression of Piracy.

2. This Ordinance may be cited for all purposes as ~~ The Ordinance short
tttebf
for the Suppression of Piracy ( Hongkong), 1868.' ' Ordinance.

$. Whosoever shall knowingly hive set forth any pirate or aided,
assisted, maintained, procured, commanded, counselled, or advised any
person whatsoever to do or commit any piracy, shall be guilty of felony
aid being convicted thereof shall be liable, at the discretion of the
Curt,
to be kept in penal servitude for any term not exceeding fifteen years
and not less than five years, or to be transported for any tern not
e;tceeding fifteen years acid riot less than five years, or to be
imprisoned
for any term not exceedin;; two years with or without hard labor.

4. Whosoever shall hive knowingly set forth any pirate, or aided,
assisted, maintained, procured, commanded, counselled, or advised any
person whatsoever to do or commit any piracy and iii consequence of
such setting forth, aid, assistance, maintenance, procurement, coininand,
counsel, or advice, a piracy with murder has been committed, shall be
guilty of felony and being convicted thereof shall suffer death, or be
liable, at the discretion of the Court, to be kept in penal servitu;le for
life or for any term not less than fourteen years, or to -he transported
for.
life or for any term not exceeding fourteen years, or to be imprisoned
for-
a.ny term not exceeding two years with or without hard labor.

lj. Whosoever shall have traded with any pirate, knowing him to
be guilty of piracy, or to be fitted out with the intention of coin
mit1titig
piracy, or who, with the like knowledge, shall have .furnished any pirate
Wth arms, ammunitions, provisions, or stores of any kind, or shall .fit
out any junk, vessel, or boat knowingly acid with a design to trade with,
supply, or correspond with any pirate, or if any person sball iti any way
have consulted, combined, aoncederated, or corresponded with guy pirate
knowing him to be guilty of piracy, shall ,be guilty of felony and being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for any tern not. exceeding ten years and not less than
five years, or to be transported for any term not ehceedit,b ten years and
not less than five years, or to be imprisoned with or without hard labour
for any term not exceeding two years.

6. Whosoever shall have knowingly received, entertained, or- con-
Receiving,&e_
cealed any person guilty of an act of piracy, or taken into .his custody
pit:t1y Q tor,

(amended by Urdinance No. 6 c f 1$69] any junk, vessel, boat, goods, or
taking -

Setting forth,-
aiding and
assisting, dic.
pirates, where.
piracy
committed.

Setting forth,
aiding and
assisting, &c.
pirates, where
piracy W1t4
vioieuce,or
piracy with
Murder
committed.

Trading; .&c.
with-,piratos-

-
(~i.DIhAIVTCE ~To.` i of 1868.

Suppression of Piracy.

chattels, which shall have been by such pirate feloniously taken, shall be
guilty of felony and being convicted thereof shall be liable, at the
discre-
tion of the Court, to be kept in penal servitude for guy term not
exceeding
ten years and not less than five years, or to be transported for' any term
not exceeding ten years.and not less than five years, or to be imprisoned
with or without hard labor for any period not exceeding two years
Provided that the expression 'received or taken into his custody' shall
be satisfied by proof that the goods and chattels alleged to have been
received and taken into custody were found in any house or premises, or
on board any junk, vessel, or boat within which the person charged shall
be found and of which said goods and chattels he shall be unable to give
a satisfactory account.

'l. Whosoever shall be found within the Colony of Hongkong on board a
junk,
twenty-one days
on boaraa9unk, vessel; or boat, which junk, vessel, or boat shall be
proved to have taken part in an act
SiG. proved to -
have
inpey d of piracy within twenty-one days previously, and who shall be
unable to satisfy the
the atop°o et%°: (:ourt that he was not on board such junk, vessel, or
boat, at the time of the commission
non-oompiiotty: of such act of piracy, or, if on board at such time, that
he was not on board with his
o*n Consent or with the knowledge that an act of piracy was about to be
committed,'
shall bo guilty of felony and being convicted thereof shall be liable, at
the discretion of .
the Court, to be kept in penal servitude for any term not exceeding ten
years and not
less than five years, or to be transported for any term not exceeding ton
years and not
less than five years; or to be imprisoned for guy term not exceeding two
years with or

without hard labor. (Repealed by Ordinance No. 6 of 1869.j'

Being seen within
':_6,wenty.orie days
oa board a junk,
6cg, proved to
', . haveaaken ?',art
.f5~:cywith
v9blenee or piracy
with mardet-and
uu'ta to satiety .
the Court es tb
n~n:complloity.

~0ing seen' ou
bdard ~ rati-
cal I P 4n~',' -&c.;
and unable t6,

.

satisfy ty~°''°:

Cou~-as.*.o -~- >>,. -junk, vessel, or boat kith his own consent or with
the knowledge that

non-oomph. a _ ~

pity` - ~ he same was equipped for the purposes of piracy, shall be guilty
of felony

$, Whosoever shall be found within the Colony of Hongkong on board a
junk,.
vessel], or boat, which shall be proved to have taken part in an act of
piracy with murder
within twenty-one days previously, and who shall be unable to satisfy the
Court that
he was not on board such junk, vessel, or boat, at the time of the
commission of such
act of piracy with violence or piracy with murder, or, if on board at
such time, that lie
was not on board with his own consent or with the knowledge that an act
of piracy
with violence or piracy with murder was about to be committed, shall be
guilty of
felony and being convicted thereof shall be liable, at the discretion of
the Court, to he`
);slit in penal servitude for life, or for any term not less than
fourteen years, or to be
transported for life, or for any term not less than fourteen years, or to
be imprisoned.
for any period not exceeding two years. with or without hard labour.
[Repealed by
Ordinance No. 6 of 1869.]

g. Whosoever shall be iound within the Colony of Hongkong on
board any junk, vessel, or boat, equipped for the purposes o£ piracy, and
who shall be unable to satisfy the Court that he was not on board such
ORDINTANCE 1f©. :1' of'-13i-:

Suppression of Piracy.

and being convicted thereof shall be liable, at the discretion of the
Court,
to be imprisocied with or without hard labor for any term not exceeding
three years

If after the coming into operation of this Ordinance, any
person shall be convicted of any offence punishable under this
Ordinance whose age shall not in the opinion of the. Court
exceed the age of sixteen years, then and in every such case it
shall be lawful for the Court in addition to or in lieu of the
sentence passed or omitted to be passed for his offence to direct
such offender to be sent at the expiration of such sentence, or
forthwith, as the case may be, to any Reformatory School
established or to be established in this Colony, (if the directors
or managers thereof shall be willing to receive such offender)
and to be there detained for a period not less than one year and
not exceeding five years

It shall be lawful for the said Court in addition to any punishment,
other than capital punishment, hereby imposed for any offence against this
Ordinance, to order any male person whose age in the opinion of the Court
shall exceed sixteen years convicted under this Ordinance, to be once,
twice,
or thrice privately or publicly flogged in the manner and subject to the
conditions and restrictions prescribed and imposed with respect tologgng
under Ordinance No. 12 of 1865, and before being discharged from custo~

such person may be marked with some indelible mark in such manner and
in such part of the body as the Governor in Council may from time to time
direct. [Repealed by Ordinance No. 3 of 1881.]

10. In order to bring to adjudication with as little delay and
inconvenience as possible any person who shall be charged with the crime
of piracy ,or with any of the offences hereinbefure mentioned, and by this
Ordinance defined, there shall be constituted in this Colony a Court of
Record to be styled ''The, High Court of Hongkong for the Suppression

o£ Piracy.'

11. The said High Court shall have all such powers as are possessed
Powers.of
Court and
by the Supreme Court, so far as they are necessary for carrying
ilito.effeet . , President.
the provisions of this Ordinance and coizsisteut with the object thereof

12: =The said High Court shall consist o£ the Chief . Justice; the
Judge of the Court of Summary Jurisdiction, who shall be called the
official members of the said Court, and of three other persons; to be

Juvenile
offenders,how
to be dealt
with.

Ord. Yo. 16

Jurisdiction

in piraoy, &C.; :.
fobs eRerGise'd:.:
by a. Court :to.,.
be c4nristituteil F_,
for the
Yurpoae

Constitutioii ..
of .Court: -.'
ORDINANCE' N6; i of 1$0:

Suppression of Piracy.

Offences
cognizablE bar

3fiigb: Court.

appbinted from time to time by the Governor, who shall be called the
unofficial members of the said Court.

13. 'The High Court for Suppression of Piracy' shall have jurisdic-
tion concurrently with the Supreme Court to try all cases of piracy which
the Supreme Court now has ,jurisdiction to try, and also the offences
hereinbefore defined, and to inflict the punishment attached thereto
respectively.

nigh court 14. The said High Court shall be and is hereby empowered to try
-empowered to
act without a without the intFrvontion of a jury all cases over which it
hath or may

jury. hereafter have ,jurisdiction.

Precedence. llj. The official members of the High Court shall take
precedence of
the unofficial members, and the unofficial members shall, when sitting in
Court, take prcce:dence between themselves according to the rules of
precedence ordinarily adopted in this Colony, with sanction of the
Governor.

-Chief Justice
to preside in
Court, or in
life absence
theludge of
the Court o£
summary'
Jurisdiction.
All matters=to
be decided by
a majority of
Votes... ~

Sittings of
Court.

Place in
which .Conzt
sits to be
deemed an
open Court.

lg; The High Court shall not be competent to try any case unless
three members at the least of such Court shall be present at the sitting
of
such court, and of these three members, one, at the least, shall be the
Chief Justice or the Judge of the Court of Summary Jurisdiction.

17. The Chief Justice shall preside in the High Court, except when
be shall be prevented by some necessary and reasonable cause, and at any
sitting of the said Court which may be hell during his absence, the Judge
of the Court of Summary Jurisdiction shall preside.

18. All matters which shall be brought before the High Court shall
be decided by the majority of votes. The president shall have an original
vote in common with the other members of the Court, and shall have also
a casting vote whenever upon any question the votes shall be equally
divided.

19. The place at which the High Court shall sit in discharge of its
duties, shall be such pace as nay from time to time be appointed for that
purpose by the Governor.

20. The place in which the High Court shall sit to hear and' deter-
mine any matter shall be deemed an open Court to which the public
generally may have access.
ORDINANCE No: 1 :oF 1888:

Suppression o f .Piracy.

21. The Governor shall direct a seal to be made for the High Court sear
of the .
.and may direct the same to be broken, altered and renewed at his discre-
Court,
tion, and all documents issuing from the Court shall be sealed with the
said seal.

22. The Registrar and other officers of the Supreme Court shall officers
of:
attend the sittings of ' The High Court of Hongkong for the Suppression
Court.
of Piracy,' and assist in the proceedings thereof, and whilst so attending
and assisting shall be styled officers of such last mentioned Court.

23. It shall be in the power of the High Court to adjourn the i>owcr to
proceedings from time to time to any day or days to be fixed by them in
adio'm.
the event of the absence of witnesses or of any other cause which sball
appear to them expedient.

24. Every member of the high Court before he shall enter upon Nowt,orsto
the execution of any of the duties of his office shall take an oath in
the take at i oath.
presence of the Governor in form following, that is to say :--

' I, A. L., do solemnly swear that I -will according to the
best of my skill and knowledge, act in the execution of my
office of member of 'the High Court of Hongkong for the
Suppression of Piracy' faithfully, impartially, fairly, and without
prejudice either for or against prosecutors or prisoners, or any
other persons. So help me God.'

And every registrar and other officer of the same Court before Ile enters
on the duties of his office shall take an oath'before one of the members
of
the Court who shall be empowered to administef' the same in the form
following, that is to say:-

441 , .A. Ii., do solemnly swear that I will according to the
best of my skill and knowledge, act in the execution of my
office, and that # will conduct myself with respect to the
authority of the members of ' the High Court of Hongkong for
the Suppression of Piracy' to which Court I am attached
and will act with fidelity in all the affairs which may belong to
my charge, arid without reference or favor either for prosecutors,
or prisoners, or any other persons. So help me God.'

25. For the purpose of bringing any offence under the cognizance Attorney
-of the High Court, an information shall be signed b the Attorne General
to
y y proseeute,:m'

General.

Registrar and
other officers
to take are.
oath.
False witness
to be -
summarily
'punished.

Practice of
the Court.

t.
ra~al ~n~p
take place
bofore
Supreme
Court.

Commntntton of
punish-

a ~;1a8i a.

Ordit~tll~e,~ .
No. 9 of 1$66
and No. 12 of
1867 repenled..

1

capital :nthnt. ower to
flog.
,~Pe Ord. No. 16

T (c.)

ORDINANCE. No. 1 'OF', 186$.

Suppression of Piracy.

2,6. The rules o£ evidence observed in the Supreme Court in its.
Criminal Jurisdiction shall, except as herein specially provided, and
until
otherwise provided by competent authority in that behalf, be applicable-
to, and observed in, the trial of all questions of fact in the High Court.

27. Every person who upon any examination upon oath or upon
affirmation or declaration before the High Court shall in its opinion
have-
wilfully and corruptly given false evidence shall be sentenced without
further trial to a term of imprisonment not exceeding eighteen months.
with or without hard labor.

28: The practice of the High , Court shall except where otherwise
herein provided or by the rules or orders to be from time to time made
and approved under the provisions hereof, be, so far as the circumstances
of the case will admit, according to the present practice of the Supreme
Court.

Rules and 29. And to the end and intent that the procedure and practice of
orders to be
naae nor the Hi ;h Court may be of the most simple and expeditious
character, it

regulating the

Proeeaura of shall be lawful for the Chief Justice to maize, and he is
hereby required to-
make, and from time to time to amend all necessary rules and orders, for
regulating the procedure and practice of the Court, and generally for
carrying the provisions of this Ordinance into effect, but the same
respectively shall not be deemed binding until the same shall be revised
and approved of by the Legislative Council.

PrlvilegcoE 30. Barristers and attornies shall respectively have and enjoy
the-
bii9'Asters and
-4tto I inaes.- like privilege of practising before, and be subject to the
like authority
o£ the Court as they have and enjoy, and are subject to in the Supreme

Court.

31. Every person triable before the said High Court shall be
committed for trial and shall be tried before the Supreme Court, unless.
the Attorney General shall otherwise direct.
32. Whenever sentenceofdeath shallhave been pronounced by the said Supreme
Court or by the said High Court upon any prisoner, and such sentence
shall be
commuted by the Governor, it shall be lawful for the Governor in Council
to order
that such prisoner be once, twice or thrice publicly or privately flogged
in the manner
and subject to the conditions and restrictions prescribed and imposed
with respect to-
ff,ogging under Ordinance No. 12 of 1865. ' .Repealed by Ondinanzee No. 3
of 1881.
. 33. Ordinances No. 9 of 1866 and NO. 12 of 1867, are hereby
repealed.
Suppression of Piracy.

No. 1 of 1868.

34. All local laws, statutes, ordinances and usages inconsistent with
the provisions of this Ordinance shall be and the same hereby are
declared,
to be of no force and effect whatsoever within the Colony of Hongkong;
Provided always that nothing herein contained shall be construed in any
-way to take away, abridge, or affect the jurisdiction now exercised by
the
Supreme Court.

[In force from 28rd May, 1868, under Proclamation of the sauce date.]
982

Title.
Preamble.
Commemcement of Ordinance.
983
Short title of Ordinance.
Setting forth, aiding and assisting, &c. pirates, where piracy committed.
Setting forth, aiding and assisting, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c. with pirates.
Receiving, &c. pirates after piracy or taking ship, goods, &c.
984
piratically stolen with knowledge.
Being seen within twenty-one days on board a junk, &c. proved to have taken part in piracy and unable to satisfy the Court as to non-complicity.
Being seen within twenty-one days on board a junk, &c. proved to have taken part in piracy with violence or piracy with murder and unable to satisfy the Court as to non-complicity.
Being seen on board a piratical junk, &c., and unable to satisfy the Court as to non-complicity.
985
Juvenile offenders, how to be dealt with.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Jurisdiction in piracy, &c., to be exercised by a Court to be constituted for the Purpose.
Powers of Court and President.
Constitution of Court.
986
Offences cognizable by High Court.
High Court empowered to act without a jury.
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence the Judge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sitting of Court.
Place in which Court sits to be deemed an open Court.
987
Seal of the Court.
Officers of Court.
power ot adjourn.
Members to taek an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
988
What rules of evidence to be observed.
False witness to be summarily punished.
Practice of the Court.
Rules and orders to be made for regulating the procedure of the Court.
Privilege of barristers and attornies.
Trial may take place before Supreme Court.
Commutation of capital punishment. Power to flog.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Ordinances No. 9 of 1866 and No. 12 of 1867 repealed.
989
Inconsistent laws, &c., of no force in Hongkong.
Saving of jurisdiction of Supreme Court.

982

Title.
Preamble.
Commemcement of Ordinance.
983
Short title of Ordinance.
Setting forth, aiding and assisting, &c. pirates, where piracy committed.
Setting forth, aiding and assisting, &c. pirates, where piracy with violence or piracy with murder committed.
Trading, &c. with pirates.
Receiving, &c. pirates after piracy or taking ship, goods, &c.
984
piratically stolen with knowledge.
Being seen within twenty-one days on board a junk, &c. proved to have taken part in piracy and unable to satisfy the Court as to non-complicity.
Being seen within twenty-one days on board a junk, &c. proved to have taken part in piracy with violence or piracy with murder and unable to satisfy the Court as to non-complicity.
Being seen on board a piratical junk, &c., and unable to satisfy the Court as to non-complicity.
985
Juvenile offenders, how to be dealt with.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Jurisdiction in piracy, &c., to be exercised by a Court to be constituted for the Purpose.
Powers of Court and President.
Constitution of Court.
986
Offences cognizable by High Court.
High Court empowered to act without a jury.
Precedence.
Quorum.
Chief Justice to preside in Court, or in his absence the Judge of the Court of Summary Jurisdiction.
All matters to be decided by a majority of votes.
Sitting of Court.
Place in which Court sits to be deemed an open Court.
987
Seal of the Court.
Officers of Court.
power ot adjourn.
Members to taek an oath.
Registrar and other officers to take an oath.
Attorney General to prosecute.
988
What rules of evidence to be observed.
False witness to be summarily punished.
Practice of the Court.
Rules and orders to be made for regulating the procedure of the Court.
Privilege of barristers and attornies.
Trial may take place before Supreme Court.
Commutation of capital punishment. Power to flog.
[See Ord. No. 16 of 1887 s. 1 (c.)]
Ordinances No. 9 of 1866 and No. 12 of 1867 repealed.
989
Inconsistent laws, &c., of no force in Hongkong.
Saving of jurisdiction of Supreme Court.

https://oelawhk.lib.hku.hk/items/show/243

BANKRUPTCY AMENDMENT ORDINANCE, 1867

Bankruptcy Amendment..

No. 15 of 1867.

An Ordinance to amend 'The Bankruptcy Ordinance, 1864.'

[5th December, 1867.]

~HEREAS circumstances occasionally arise which render it in-
'. expedient that the Registrar of the Supreme Court should be,the~
Official Assignee as provided by section 6 of 'The Bankruptcy Ordinance,,
1864:' Be it therefore enacted by the Governor of Hongkong, with the-
,advice of the Legislative Council thereof, as follows:-

1. It shall be lawful for the Governor whenever he shall deem it
expedient to nominate and appoint some person other than the I-registrar
of the Supreme Court to be the Official Assignee of the estate and
effects of
a bankrupt, which said person shall be the Official Assignee of the
estate and
:effects of such bankrupt; Provided always that nothing herein contained
shall protect the Registrar of the Supreme .Court from any action or suit
which may be brought against him for any thing done or omitted to be
<3ope .previous to the appointment of some person as aforesaid by the
G ovsrnor.

` 2. Invciting th-is~0rdinance, it shall be sufficient to use the
expression
' The Bankruptcy Amendment Ordinance, 1`867.'

3. This Ordinance shall commence and take effect on such day as
shall hereafter be fixed by proclamation under the hand of the Governor:

[hz force from the 7th December, 1867, under Proclamation of the same
date.]
982
Title.
Preamble.
[Vide Ord. No. 9 of 1882.]
Governor to have power to appoint Official Assignee.
Short title.
Commencement of Ordinance.

982
Title.
Preamble.
[Vide Ord. No. 9 of 1882.]
Governor to have power to appoint Official Assignee.
Short title.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/242

REVENUE (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1868) ORDINANCE

.ORDINANCE No. 14 of 1867.

Revenue.

-No. 14 of 18.6'x..

An Ordinance to apply a Sum not eaceedina hi ;ht hundred and Ninety-five
rlcie.
thousand Dollars to the Public Service of the Year 18&8.

' [18th September, 1867.

WHEREAS the expenditure required for the service of this Colony for the
year
1868 has been estimated at the sum of eight hundred and ninety-four
thousand
.one hundred and nicety-two dollars and silty cents: Be it enacted by the
Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows:-

1. A sum not exceeding eight hundred and ninety-five thousand dollars
shall be,
..and the same is hereby charged upon the revenue of this Colony for the
service of the
_year 11368, and the said sum so charged shall be expended as hereinafter
specified; that
is to say

-CIVIL ESTABLISHMENTS

Colonial Secretary,

Colonial Treasuror,
...............................................................
Auditor General,
..................................................................
Clerk of Councils,
..................................................................

Surveyor General, ,

Master of the Mint, ...

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

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

Harbor Master and Emigration Of3cer, : ..

Collector of Stamp Revenue,: . : :, :: ::.::.:~::'

REGISTRAR OF COMPANIES, ................................................

ECCLESIASTICAL ESTABLISHMENT

EDUCATIONAL ESTABLISHMENT,

MEDICAL ESTABLISHMENT, ................................................
POLICE MAGISTRATES,
.........................................................

POLICE, . ........

CHARITABLE ALLOWANCES, ..... ......... ....... ,-

WORKS AND BUILDINGS, .... : ,
ROADS, STREETS AND. BRIDGES, :

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

LAND.AND HOUSES PURCHASED, ....

MILITARY CONTRIBUTION, ,. . :

TOTAL,. .. . ...:.

[Repealed by Ordinance No. 4 of 1,887;,]

Preamble.

c .

... 240.0(1

13,212.00
6,852.00
9,527.00
100.00
18,849.60
63,288.00
139,388.00
. ~7;91soXa
26;944.60
8;000.00
6,3 i 0.00
288.00
942.00
10,608.00
19,910.00
5,964.00
163,468.40
33,821.00
640.00
3,500.00
161,400.00
44,500.00
24;500.00
32,500.00
94,200.00

.::. X894,192.60
981
Title.
Preamble.
Estimates, 1868.

981
Title.
Preamble.
Estimates, 1868.

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NAVAL AND VICTUALLING STORES ORDINANCE, (HONGKONG) 1867

Naval and rictualling Stores.

No. 13 of 1867.

An Ordinance for the more effectual Protection of Her Majesty's Naval
and Victualling Stores, and for the Rebulation of Pawnbrolers'
Licences.

[10th September, 1867.]

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

1. This Ordinance may be cited as 'The Naval and Victualling Stores
Ordinance; sborttitle.

(Hongkong) 1867:'

2. In this Ordinance:-

The term 'The Admiralty' means the Lord High. Admiral of the
United Kingdom, or the Commissioners for executing the office of Lord High
Admiral, and shall be deemed to include the Officer in command of Her
Majesty's Naval Forces on the China Station. .
The term 'De'aler in Marine Stores' means a person dealing in buying
and selling anchors, cables; sails, or old junk, old iron, or marine
stores, of
any description..

The term 'Dealer in Old Metals' shall mean any person dealing -in-
buying and selling old metal, scrap metal, broken metal, or partly
>xlauuFactruied
metal goods, or. defaced or old metal goods, and whether such person deals
in such articles only' or.together with second hand goods or marine
stores; and
the term 'Old Metals' shall mean the said articles.
« Stores:'

Licence to carry
on the trade of
a dealer in
marine, stores, or
old metal,,
necessary.

Licences to be .
granted by the
Governor subject
Qec.

Holder of
licence to keep
books, &c.

inspection of
goods, books, &c.

Penalties.

ORDINANVE lea. 13v of 1186-7.

Naval and- Uzetualling Stores-.

The term 'in Her A'Iajesty's Service,' when applied to persons, applies
also to persons in the employment of the Admiralty.
The term 'Stol'ea' includes any single store or article.

3. No person shall after tile passing and coming into operation of this
Ordinance
use or exercise the trade or business of a dealer in marine stores or a
dealer in old metals,
unless he be the holder of a licence for that purpose. '

4. Every such licence shall be granted by and held at the discretion of
the Governor
on such,conditions as to fees and subject to such regulations as shall,
from time to
time, be framed by the Governor in Council.

5. Every dealer in marine stores to whom a licence shall have been
granted shall
keep a book or books fairly written, and shall enter therein an account
of all such
marine stores or old metal, as lie may, from time to time, become
possessed of, stating
in respect of each article the time at which and the person from whom be
purchased
or received the same, adding in the case of every such last mentioned
person a descrip-
tion of his'business and place of abode.

8, Every person to whom such licence shall have been granted shall
whensoever
thereunto required by the Superintendent of Police or any Inspector oS
Police, or by
any other member of the Police Force, bearing a written order in that
behalf under
the hand of the said Superintendent, produce for the inspection of the
party so
requiring him all or any marine stores or old metal in his possession or
subject to his
control and all books and papers relating to the same.
'J. If any person acts in contravention of the provisions contained in
sections
3, 5, or 6, he shall be liable on summary conviction before a Magistrate
to a penalty
not exceeding two hundred dollars, or to be imprisoned for any term not
exceeding
three months; with or without hard labour.

Provisions of 8. The provisions of section 4 shall be applicable to all
licences hereafter to be
section 4
applicable to granted to pawnbrokers.

pawnbrokers.'

Marks In 9. The marks described in the schedule to this Ordinance may be
applied in or
p ropriatedfor on Her Majesty's naval and victualling stores to denote
l3er Majesty's property in
'liar Majesty's
naval and stores so marked.
victnalling. -
stores. It.shall be lawful for tile Admiralty, their contractors,
officers; and workmen, to
apply' the said marks or any of them in or on any such stores as are
described in the
said schedule.
Imitations I£ any person, without lawful authority (proof of which
authority shall lie on
misdemeanor.
the .party accused), applies any of the said marls in or on any such
stores, he shall be
guilty of xt misdemeanor, and shall be liable to be imprisoned for any
term not exceed-
ing two years, with or without hard labor.
-Obliteration with lQ. If any person, with intent to conceal Her Majesty's
property in any naval
intent to conceal
Her Majesty's ox victualling stores, takes out, destroys, or obliterates,
wholly or in part, any such
property, felony.
mark as aforesaid, he shall be guilty of felony, and shall be liable, in
the discretion of
the Court, to be kept in penal servitude for any term not exceeding four
years, or to
ORDINANCE No.- 13 of 1'867:

Naval and' Yictualluny Stores.

'.be imprisoned for any term not exceeding two years, with or without
hart labor, and
with or without solitary confinement:
I1. If any person, without lawful authority (proof of which authority
shall lie
-on the party accused), receives, possesses, keeps, sells, or delivers
any naval or
victualling stores bearing any such mark as aforesaid, knowing them to
bear such
mark, he shall be guilty of a misdemeanor, and shall be liable to be
imprisoned for any
term not exceeding one year, with or without hand labor.
12. Where the person charted with such a misdemeanor as last aforesaid
was at
the time at which the offence is charged to have been committed a dealer
in marine
stores, or a dealer in old metals, or in Her Majesty's Service, knowledge
on his part
that the stores to which the charge relates bore such mark as aforesaid
shall be pre-
sumed until the contrary is shown.

13. Any person charged with such a misdemeanor as last aforesaid in
relation to
stores the value of which does not exceed twenty-five dollars shall be
liable on sum-
mary conviction before a Magistrate to a penalty not exceeding one
hundred 'dollars,
or, in the discretion of the Magistrate, to be imprisoned for any term
not exceeding
six months, with or without bard labor.

14. In order to prevent a failure of Justice in some cases by reason of
the
difficulty of proving knowledge of the fact that stores bore such a mark
as aforesaid,-
If any naval or victualling stores bearing any such mark are found in the
pox-
'session' of any person not being a dealer in marine stores or a dealer
in old metals,
and not being in Her Majesty's Service, and such person, when taken or
sumuibned
before a Magistrate, does not satisfy the Magistrate that lie came by the
stores so
found lawfully, he shall be liable, on conviction by the
Magistrate,'to-a-panalty:not'
exceeding twenty-five dollars; and if guy such person satisfies the
Magistrate that lie
.came by the stores so found lawfully the Magistrate, at leis discretion,
as the evidence
given and the circumstances of the case require, may summon before him
every'person
through whose hands such stores appear to have passed, and if any such
person as last
aforesaid who has had possession thereof does not satisfy the Magistrate
that be came
by the wane lawfully, he shall be liable, on conviction by the
Magistrate, to a penalty
not exceeding twenty-five dollars.

15. For the purposes of this Ordinance, stores shall be deemed to be in
the
possession or keeping of any person if he knowingly has them in the
actual possession
:or keeping of any other person, or in any house, building, lodging,
apartment,
matched, or place, open or enclosed, whether occupied by himself or not,
and whether
the carne are so had for his own use or benefit or for the use or benefit
of another.

18. It shall not be lawful for any parson, without permission in writing
from the
Admiralty, or from some person authorized by the Admiralty in that
behalf, to creep,
weep, dredge, or otherwise search for stores in the harbor of Victoria
within one
hundred yards from any vessel belonging to Her Majesty or in Her
Majesty's Service,
or from any mooring place or anchoring place appropriated. to such
vessels, or from
.any, moorings belonging to Her Majesty, or from any of Her Majesty's
wharves, or

Fnowingly
receiving, &c.
marked stores,
a misdemeanor.

ICnowledgs of
atones Using
marked pre-
sumed. against
dealers, ft

Offenders may
he annunatily
convicted in
certain cases.

Persons not
dealers in
marine stores,
S;c., found in
possession of
naval or vlatnal-
ling.stores,-and
non satlaPtlotRr~>yY
aaaonntln~a for:-;
the sam3~ able,
to pettaliyi . .

Criminal Posses-
; ion explained:

.PTO unauthorized
person to creep,
sweep, &c. for
stores within

100 yards of any
of Her Majesty's
vessels, mint,
Nut`Co prevent
persons being
inatoEes wider
this Ordinance,

revealed to part.-

C,omineneoment
Ad i)rdinrtnce.

ORDINANCE -No:- 7;=3 r oy'-1867:

Naval and Victualling Stores.

dock, victualling, or steam factory yards, or without permissiotlP from
the Governor,
within one hundred yards of the boundary wall o£ the mint.

If any person acts in contravention of this provision, he shall be
liable, on sum-

mary conviction before a Magistrate, to a penalty not exceeding
twenty-five dollars, or-
to be imprisoned for any term not exceeding three months, with or without
hard
labor, -

17. The following sections o£ Ordinance No. 7 of 1865 being '° An
Ordinance to
consolidate and amend the enactments in force in this Colony relating to
larceny and-
other .similar offences,' shall be incorporated with this Ordinance, and
shall for the
purposes of this Ordinance be read as if they were here re-enacted,
namely, sections.
81 to 83, 86, 88, and 90 to 99 all inclusive: and for this purpose the
expression 'this.
Ordinance,' when need in the said incorporated sections, shall be taken
to include
the present Ordinance.

18. Nothing in this Ordinance shall prevent any person from being
indicted-
under this Ordinance or otherwise for any indictable offence made
punishable on sum-
mary conviction by this Ordinance, or prevent any person from being
liable under
any other Ordinance or otherwise to any other or higher penalty or
punishment than
is provided for any offence by this Ordinance so that no person be
punished twice for-
tho same offence.

18. So much of Ordinance No. 3 of 1;860 as is inconsistent with the
provision.
of this Ordinance shall be and the same hereby is repealed.

20. This Ordinance shall commence and take effect on such day as shall
hereafter
be fixed by proclamation under the hand of the Governor.

SCHEDULE.

Marks appruyriated firr 1lcr Majesty's Use in or on Naval and Yictualling
Store-g.

Hempen Cordage and Wire Rope 1

Canvas, Fearnought, Hammocks, and Seamen's

Bags . ...........................................

Timber, Metal, and other Stores not before enumer-
ated ......................................................

White, Black, or Colored Worsted Threads laid upa
with the Yarns and the Wire respectively. .
A Blue Line in a Serpentine Form.
A Doable Tape in the Warp.
Blue or Red Cotton Threads in each Wick, .or~
Wicks of Red Cotton.
The Broad Arrow.

EIza force from the Ist October, 1867, under proclamation 13th September,
1867,.
revealed by Ordinance Xo. 9 of 1875.

NOTE.-For regulations of the 28th September, 1867, (continued in force
under Ordi-
nance JVo. 9 of 18%5), See at foot of that Ordinance.

For regulation of 12th October, 1874, as to licenses under section 4, see
Gazette-

17t7a of same month. -
977

Title.
Short title.
Interpretation of terms.
'The Admiralty.'
'Dealers in Marine Stores.'
'Dealer on Old Metals.'
978
'In Her Majesty's Service.'
'Stores.'
Licence to carry on the trade of a dealer in marine stores or old metal necessary.
Licences to be granted by the Governor subject &c.
Holder of licence to keep books, &c.
Inspection of goods, books, &c.
Penalties.
Provisions of section 4 applicable to pawnbrokers.
Marks in schedule appropriated for Her Majesty's naval and victualling stores.
Imitation a misdemeanor.
Obliteration with intent to conceal Her Majesty's property, felony.
979
Knowingly receiving, &c. marked stores, a misdemeanor.
Knowledge of stores being marked presumed against dealers, &c.
Offenders may be summarily convicted in certain cases.
Persons not dealers in marine stores, &c., found in possession of naval or victualling stores, and not satisfactorily accounting for the same, liable to penalty.
Criminal possession explained.
No unauthorized person to creep, sweep, &c. for stores within 100 yards of any of Her Majesty's vessels, mint, &c., &c.
980
Sections 81, 82, 83, 86, 88, 90 to 99 of Ordinance No. 7 of 1865, incorporated with this Ordinance.
Not ot prevent persons being indicted under this Ordinance, &c.
Ordinance No. 3 of 1860 repealed in part.
Commencement of Ordinance.

977

Title.
Short title.
Interpretation of terms.
'The Admiralty.'
'Dealers in Marine Stores.'
'Dealer on Old Metals.'
978
'In Her Majesty's Service.'
'Stores.'
Licence to carry on the trade of a dealer in marine stores or old metal necessary.
Licences to be granted by the Governor subject &c.
Holder of licence to keep books, &c.
Inspection of goods, books, &c.
Penalties.
Provisions of section 4 applicable to pawnbrokers.
Marks in schedule appropriated for Her Majesty's naval and victualling stores.
Imitation a misdemeanor.
Obliteration with intent to conceal Her Majesty's property, felony.
979
Knowingly receiving, &c. marked stores, a misdemeanor.
Knowledge of stores being marked presumed against dealers, &c.
Offenders may be summarily convicted in certain cases.
Persons not dealers in marine stores, &c., found in possession of naval or victualling stores, and not satisfactorily accounting for the same, liable to penalty.
Criminal possession explained.
No unauthorized person to creep, sweep, &c. for stores within 100 yards of any of Her Majesty's vessels, mint, &c., &c.
980
Sections 81, 82, 83, 86, 88, 90 to 99 of Ordinance No. 7 of 1865, incorporated with this Ordinance.
Not ot prevent persons being indicted under this Ordinance, &c.
Ordinance No. 3 of 1860 repealed in part.
Commencement of Ordinance.

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SUPPRESSION OF PIRACY ORDINANCE

Suppression of Piracy.

No. 12 of 1867.

An Ordinance to explain Ordinance No 9 of 1866, and to extend the
Powers of the Supreme Court for Suppression of Piracy.

[10th September, 1867.]

WHEREAS by Ordinance No. 9 of 1866, there was constituted a Court of
Record
styled 'The High Court of Hongkong for the Suppression of Piracy;' And
whereas by section 7 of the said Ordinance there was conferred upon the
said Court
jurisdiction to try certain spPCial offences therein defined, and to
inflict the punish-
ments attached thereto respectively; And whereas doubts have been raised
as to
whether the High Court aforesaid can try, offenders without the
intervention of a jury
and it is expedient to resolve such doubts; And whereas it is expedient
that tile
Supreme Court should have concurrent jurisdiction with the said High
Court to try
such offences, and inflict such punishments as aforesaid: Be it enacted
by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
'as
follows:--

1. The said High Court shall be and is hereby empowered to try without the
intervention of a jury all cases over which it Bath. or may hereafter
have jurisdiction.

2. The Supreme Court shall have jurisdiction to try all offences which by
the
said Ordinance No. 9 of 1866 for the suppression of piracy the High Court
thereby
constituted is authorized to try, and the Governor in Council and the
said Supreme
Court respectively shall have full power and authority to inflict such
punishments in
respect of tile said offences as the said Court by the Ordinance
aforesaid has power and
authority to inflict.
Suppression of Piracy.

No. 12 of 1867

3. Provided that nothing herein contained shall authorize the Supreme
Court to Trial before
Sn reme Court
try any such offences aforesaid without the intervention of a jury or
without such toe'tthaiury_
proceedings as are now used and approved in the said Court with respect
to criminal
cases ordinarily heard and determined therein.

¢. The several provisions in the said recited Ordinance contained
incident to or
connected with the exercise of the powers thereby given, so far as ,the
same are not
inconsistent with the practice of the Supreme Court, shall be applicable
to all proceed.
ings instituted under the authority of this Ordinance.

Every, person who might under Ordinance No. 9 of 1866, section 19, be
committed for trial before the said High Court shall be committed for
trial before the
Supreme Court, unless the Attorney General shall otherwise direct.

6. This Ordinance shall commence and take effect on such day as shall
hereafter
be fixed by proclamation under the hand of the Governor.

(In force from 14th September, 1867, under proclamation 13th September,
1867.
Repealed by Ordinance No. 1 of 1868.
976
Title.
Preamble.
High Court empowered to act without a jury.
Supreme Court authorized to try and Governor in Council and Supreme Court to punish certain offences relating to piracy.
977
Trial before Supreme Court to be with a jury.
Provisions of Ordinance No. 9 of 1866, applicable to proceedings of Supreme Court under this Ordinance.
Trial may table place before Supreme Court.
Commencement of Ordinance.

976
Title.
Preamble.
High Court empowered to act without a jury.
Supreme Court authorized to try and Governor in Council and Supreme Court to punish certain offences relating to piracy.
977
Trial before Supreme Court to be with a jury.
Provisions of Ordinance No. 9 of 1866, applicable to proceedings of Supreme Court under this Ordinance.
Trial may table place before Supreme Court.
Commencement of Ordinance.

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POLICE AND LIGHTING RATE AMENDMENT ORDINANCE, 1867

Police and Lighting Rate.

No. 11 of 1867.

An Ordinance to amend 'The Police and Eibhting Rate Ordinance, 1863.'

[23rd July, 1867.]


WHEREAS it is expedient to amend R' The Police and Lighting Rate
Ordinance, r>rr1,:,,;x.
1863 ' and to make better provision fair the collection of the rates, the
reco-
very of arrears thereof,, and other incidental matters: Be it therefore
enacted by the
Governor of Hongkong: with the advice of the Legislative Counci thereof,
as follows:-

1. Thia Qrdirianee.may be cited as I'M a Police and Lighting Rate
Amendment snoft ,.;tae.
Ordinance, 1867.'
A <, >.,. sections 14, 16
and 18 oPl' 171a

1>olice'and l.it;ht-

in9 Rate Ordi-
nance, 1883,'
repealed.

Owners and
occupiers to be
liable to Grown
but occupiers
liable in absence
of agreement to
owners.

How ratc3 to be

l'afllilded.

ORDINANCE No. 11 or 1867.

Police and Lighting Rate.

2. Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance,
1863 ' shall
be and the same hereby are repealed.

3. From and after the commencement of this Ordinance the police, lighting
and
water rates though separately assessed shall be levied as one tax, for
the payment of
which, the owners and occupiers of tenements stall be liable to the Crown
but the
same shall be deemed an occupier's tax, and, as between the owner and
occupier of a
tenement shall in the absence of any agreement to the contrary be borne
by the
occupier, and the amount thereof if paid by the owner may be recovered by
him from
the occupier in au action for money paid to his use or, in case he shall
still be in
occupation of the tenement, by distress in like manner as for rent at
Common Law.

1krava,.s. of 4. If any person assessed under 'The Police and Lighting
Rate Ordinance, 1863,'
rates.
or rendered liable by ,the said Ordinance to the payment of any
assessment, shall
neglect to pay the sumo or any part thereof, within tile period appointed
by the Gov.
ernor in Council and declared payable by public notice given on that
behalf in the!
Gazette, the Colonial Treasurer may sue for and recover the same in the
Court o£
Summary Jurisdiction together with interest at the rate of 12 per centum
per annum
payable from the expiration of fifteen days from the first day of the
quarter for which
such assessment shall be due; Provided always that no such assessment
shall be
recovered from any person unless it shall be made to appear by affidavit,
or otherwise-
to the satisfaction of the Court that at least four days before the entry
of the plaint, an

application was made at the dwelling-house o£ such person for the amount
of the said
assessment, and that a notice in the form in the schedule A hereunto
annexed, was
loft for him at such dwelling-house. [Repealed by Ordinance No. 9 of
1869.]
5. A proportionate sum shall be refunded from the amount of rates paid in
advance
for any quarter or other period in respect of every entire month of such
quarter or
other period during which any tenement for which such rates shall have
been paid,
shall be proved to the satisfaction of the Court of Summary Jurisdiction,
to have been
uninhabited: Provided always:-

(L) That the person claiming such sum to be refunded or some person on his
behalf shall within 10 days [ext.nded to 15 days by Ordinance No. 14 of
1873 and see Ordinance No. 1 of 1873 section 38] after the expiration
of such quarter or other period file in the said Court, a petition in the
form in the schedule 13 hereunto annexed, verified by affidavit of the
facts therein stated, and shall also within such time as aforesaid give
notice in writing to the Colonial Treasurer of the filing of such petition
[Further amended by Ordinance No. 14 of 1873.E

(2.) That the Judge of the said Court shall cause to be endorsed upon such
petition and shall sign a certificate in the form in schedule C hereunto
annexed.
ORDINANCE No.-11 of 1867:.

Police and Lighting Rate.

g. The Judge of the Court may adjudicate upon any such petition,
notwithstand-
ing that the sum claimed therein may exceed $500, and for the purpose of
such
adjudication may receive any evidence which he shall think fit.

7. Upon production of a copy of such certificate under the seal of the
said Court,
it shall be lawful for the Colonial Treasurer to refund the amount
specified therein to
the petitioner who shall deliver such copy to him with a receipt for the
said amount
endorsed thereon.

8. In all cases where from any cause whatever any person claiming any
refund of Governor may
order rates to be
rates shall. not have received the same it shall be lawful for the
Governor if he shall refunded.
think fit to order the whole or any part of the sum claimed to be
refunded by the
Colonial Treasurer.

9. In all matters under this Ordinance the Colonial Treasurer shall sue as
Colonial Treasurer but may be represented in the Court of Summary
Jurisdiction by
any person whom he shall appoint in that behalf. [Repealed by Ordinance
No. 9 of
1867.]

10. This Ordinance, Ordinance No. 12 of 1860, Ordinance No. 9 of 1862 and
so
much of the °1 Police and Lighting Rate Ordinance, 1863' as is not
repealed hereby
shall be construed together and for all requisite purposes be deemed and
taken as one
Ordinance.

11. This Ordinance shall commence and take effect on such day as shall
hereafter commeneemans.

be fixed by proclamation under the hand of the Governor.

975-

Court may
entertain
above $BUO.

On certiRcate of
Court Colonial
Treasurer to
refund.

By Whom
Treasurer may
appear.

Ordinances to
he construed
together,

SCHEDULES.

To A. B.

Take notice that I have this day called upon you to demand payment of the
rates as under (specvy
iny the amounts and the times whet the same became payable.]
If you fail to pay the above amount together with the interest thereon at
12 per cent from the time
when the same became payable, application will on the day of e
instant [or as the case may be, but the day must be fixed] at 10 o'clock
in the~forenoon be made- to the
Court of Summary Jurisdiction for a warrant against you for the recovery
thereof.
Dated this day of

IN THE COURT Or SUMMARY JURISDICTION.

The day of 18

Collector of .Rates:

In the matter of A. B. and 'The Police and Lighting Rates Amendment
Ordinance, 1867.'
The humble petition of A. B.
Sheweth

And your petitioners will, &c.

[State briefly the grbwnda on mTciele a refund d is clcrimied.]

of Ordhtance.--
No. 11 of 1867.

Police and Lighting Rate..

I, A. B, make oath and say [or declare as tile ease may be] that the
matters above, contained are
true in substance and in fact.

Sworn [or declared] before me.

(Cr.)

1N THE COURT OF SUM31ARY JURISDICTION.

The say of is .

In the matter of A. B. and 'The Police and Lighting Rates Amendment
Ordinance, 1867.'

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

.

C. D.,
Judge of flee Court of Summary Jurisdiction.

CIn force from 1st January, 1808, under proclamation dated 20th November,
1807;
repealed by Ordinance 11'0.12 of 18%5.]
973
Title.
[See Ord. No. 4 of 1868.]
Preamble.
Short title.
974
Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance, 1863,' repealed.
Owners and occupiers to be liable to Crown but occupiers liable in absence of agreement to owners.
Recovery of rates.
How rates to be refunded.
975
Court may entertain petition above $500.
On certificate of Court Colonial Treasurer ot refund.
Governor may order rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
976

973
Title.
[See Ord. No. 4 of 1868.]
Preamble.
Short title.
974
Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance, 1863,' repealed.
Owners and occupiers to be liable to Crown but occupiers liable in absence of agreement to owners.
Recovery of rates.
How rates to be refunded.
975
Court may entertain petition above $500.
On certificate of Court Colonial Treasurer ot refund.
Governor may order rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
976

https://oelawhk.lib.hku.hk/items/show/238

CONTAGIOUS DISEASES ORDINANCE, 1867

ORDINANCE --No. 1a~.ok. 1887.

Contagious Diseases.

No. 10 of 1867.

An Ordinance for the better Prevention of Contagious Diseases. Iltn~

[23rd July, 1867.
'HEREAS it is expedient to make further provisions calculated to prevent
the Preamble,

spreading of certain contagious diseases: Be it therefore enacted by the
-Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows:-

Preliminary.

I, This Ordinance may be cited as 'The Contagious Diseases Ordinance,
1867:'

2. In this Ordinauce:-

The expression 'Contagious Disease' means venereal disease including
gonorrhoea.

The word 'District' means a district of the City of Victoria as. defined
41 rhatrtet^
by 'The Victoria Registration Ordinance, 1866.'

The expression ' Superintendent of Police' means the Captain
Superin- Superintendent
opce? tendent of Police appointed under Ordinance No. 9 of 1862.

The words 'Householder' and 'Agent' mean a householder and his
' accredited agent as defined by ' The Victoria Registration Ordinance,
1866.'
The expression ' ° Keeper of a Licensed Brothel' means the registered
keeper thereof and any person appointed by a keeper to act. as such
keapen,
during his absence.
The expression 'Keeper of an Unlicensed Brothel' includes the tenant
of the house or part of the house, as the case may be, wherein the same
shall
be kept. ,
The expression `1 Inmate of a Licensed Brothel' means any female residing
in such brothel.
$.^This Ordinance shall not come into operation until Her Majesty's
confirmation
-thereof shall have been proclaimed in this Colony by the Governor. ,
4. Ordinance No. 12 of 1857 is hereby repealed, but such repeal shall not
affect
the validity or invalidity of anything done or suffered before the
commencement of this
Ordinance and shall not apply to or in respect of any offence, set or
thing committed
or, done or omitted before the commencement of this Ordinance and every
such offence,
actor thing shall after and notwithstanding the commencement of this
Ordinance have
the same consequences and effect in 'all respects as if this Ordinance
had not been
passed,.
~?egisbrar General.

~.. For the purposes of carrying. into effect the provisions of this
Ordinance the
Registrar (leueral shall in ..the first- instance have- exclusive: jr
ciadfetion to hear and
determine all matters except where otherwise specially provided and shall
have full

snort bile.

Interpretation of
terms.

« Contaaaona
disease.

'I Householder'
and NAgent.'

~~Keeper of,a'

Licensed~ c
Broilial:'

e$eejieor sit
imueBased,.,.

44 inmate of a
Licensed
Brothel:'

Suspending

clause.

Repeal of WM_-
nance No. 19 of
1867.

-
ORDINANCE .No. 14 of 1867.

Contagious Diseases.

power to do in addition to the other duties imposed upon him hereby
whatever a Police-
Magistrate is by any Ordinance of this Colony authorized to do. [Repealed
by Ordi-
nance No. 2 of 18?'6.]

Power ofappeal 6. It shall be lawful for any person aggrieved or affected
by any order, decision,.
~gcetr~t a, or proceeding of the Registrar General within the meaning of
this Ordinance other
than and except such proceedings as era authorized by so much thereof as
is contained
between sections 20 and 24 both inclusive, to appeal therefrom to the two
Magistrates.
the decision of whom when sitting together shall be final and conclusive;
Provided
always that no such appeal shall lie unless within three clear days after
the determina-
tion by the Registrar General of any manor in respect of which an appeal
is hereby
allowed application shall have been made to him to state and sign a case
setting forth
the facts of the matter and the ground of his determination; and upon
every such
appeal the Registrar General shall transmit the depositions or minutes of
evidence'
taken by hint to the two Magistrates who may take such further evidence
as they shall
think fit. [Repealed by Ordinance No. 2 of 1876.

Registrar
General rosy
9Mnt brothel

ltconcoa.

No licensed
broth,-1 to be
kept in n house,
Scc., where any
trade !a carried
on.
cancellation or
suspension of
licence.
A register of
Accused brothels
to ha kept.

.Licensed Brothels.

7. The Registrar General may g.-ant to any person whom be shall think fit
a
licence to keep a brothel in such district or other locality as the
Governor in Council
tray from tiara to time appoint.

$, No licensed brothel shall be kept in any house in which any trade or
business.
is carried on nor in any house cumlnunicatiug by any passage door or
otherwise with
any house or room in which arty trade or business is carried on.

8. The Registrar General may at any time cancel or suspend a licence.

10. A register of licensed brothels shall be kept in the office of the
Registrar

General who shall cacao to be entered therein:- (l.) The name and address
of every keeper of a licensed brothel.

(2.) The address of every house whereof the whole or any part shall be
occupied or used as a licensed brothel.

(3.) The name and address of the householder of every such house or of the
tenant of every part of such house.

(4.) Any other particulars which the Registrar General may fromtime to
time
deem expedient to be entered in the said register subject nevertheless to
such regulvcions as the Governor in Council may snake.

xeeporor 11. Every keeper of a licensed luothel shall cause a list of the
names and ages of
liconacd brothel
to oxhibitandto the inmates thereof in the English language and also in
such other language as the
furnish to the
Registrar Registrar General may direct. to be- affixed in some conspicuous
place in such brothel
inmates, and shall cause the said list to be altered from time to time as
occasion may require
and shall furnish the Registrar General with a copy of such list and of
all alteration
made therein.
ORDINANCE, No. 10 of 1867.

Contagious Diseases.

12. If any person shall to the satisfaction of the Registrar General ('a
Magistrate' Penalty incase
of any person
as amended by Ordinance No. 2 of 1876 be proved to have been infected
with a belnx Infected fix'
a licensed
contagious disease, in any licensed brothel tile beeper thereof shall be
liable to a fine br~tnel.
not exceeding $200 and the inmate thereof who shall have infected such
person as
aforesaid shall be liable to imprisonment for any term not exceeding six
months.

13. If any person shall to tile satisfaction of the Registrar General ['a
Magistrate' Penmtylneaseoe
a person infecting
as amended by Ordinance No. 2 of 1878] be proved to have infected with a
contagious any'n'°ate'f a
a licensed brothel.
disease the inmate of any licensed brothel such person shall be liable to
a fine not
ye.ezceeding $200 or to imprisonment for guy term not exceeding six
months.

14. If any child being in the opinion of the Registrar General ['a
Magistrate' as
amended by Ordinance No. 2 of 1876 above eight and under fifteen years of
ago be
found in any licensed brothel the keeper thereof shall be liable to a
fine not exceeding
$100 or to imprisonment with or without hard labour for any term not
exceeding one
month for the first offence, three months for the second offence, and six
mouths for the,
third or any subsequent offence.

15. Every licensed brothel shall be liable to be inspected at all times
by the inspection
Registrar General, the Inspector of Hospitals, the Visiting Surgeons, the
Superintendent

of Police, and any person who may be deputed by them respectively for the
purpose of
such inspection, and every keeper of such brothel and every other person
whomsoever
who shall offer any obstacle or resistance to such inspection shall be
liable to imprison.
went with or without hard labor for any term not exceeding six months or
to a fine
not exceeding $200.

Penalty for allow-
ing nn' c
under theiB of
16tobeina
licensed brothel.

16. Every keeper of a licensed brothel shall reside therein and shall not
absent
himself from the Colony without giving notice to the Registrar General
and appointing
some person to act as keeper thereof during his absence, and in every
case where the
keeper of a licensed brothel shall fail to comply with the requirements
of this section,
the licence granted in respect of such brothel shall become ipso facto
void.

17. The provisions of sections 17, 78, and 19 of 'The Victoria
Registration Recovery offlnes
reg ete ed of
Ordinance, 1866 m shall apply to the recovery of any fine imposed upon
the keeper u£ a brothel.
licensed brothel.
18. Every keeper of a licensed brothel shall pay to the Registrar General
the Fees paYabie for
u brothel licence-
sum of $4 a month during tile continuance of such licence or such other
sum as may
from time to time be fixed by the Governor in Council.

Keeper-of
licensed brothel
to reside therein
and appoint
substitute during
absence.

Unlicensed Brothels.

19. From and after the passing of this Ordinance no person shall keep a
brothel No unlicensed
, brothels fobs

unless, the same shall have been licensed and registered as her einbefore
in that behalf., kept.
provided.
7~gTetrar

eneral al-
to suspected
brothel.

ftite of,suph
.01eatiffation.

neolara ion

by Itegtatear
General that a -
house or part of
a house Is au
nnllcenaed
brothel.

ORDINANCE No. -10 414867.

Contagious Diseases.

24. 'whenever the Registrar General or the Superintendent of Police shall
have
reason to suspect that any house or portion of a house is used as an
unlicensed brothel
it shill be lawful for them or either of them and for any constables or
other persons
depnted by them or either of them for the purpose at any time without
warrant to
enter and if necessary to break into such house or portion of a house and
to take into
custody any person who shall appear, act, or behave himself as the person
having the
care or management of such house or portion of a hons3 so s lspected as
aforesaid and
such person shall be brought forthv i~h before the Registrar General [' a
Magistrate' as-
amended by Ordinance No. 2 of 1876] who may as be shall think fit order
such person
to be discharged from custody or may deal with him or her under the
provisions of
section 21 of Ordinance No. 8 of 1858.

21. It shall be lawful for the Registrar, General whenever be shall have
reason to
suspect that a house or a portion of a house is used as an unlicensed
brothel to
institute an investigation with reference thereto and for such purpose or
for the purpose
of any appeal under section 24 to summon in writing before him the
householder or
leis agent and any tenant or occupier of any portion of such house and
all other persons
capable of giving evidence in such matter and to examine them upon oath
touching
the subject of such investigation and any person who shall neglect or
refuse to appear
before the Registrar General at the time and place specified in such
summons or, to
answer all questions which may be put to him in the course of such
examination shall
be liable to a fine not exceeding $500 or to be imprisoned with or
without hard labor
for any term not exceeding six months and in the event of his giving
f>ilse testimony

r

in the course of such examination be shall be liable to be tried and
punished for
perjury and for that purpose every such investigation shall be deemed a
judicial
proceeding.

22. The Registrar General shall give notice of such investigation by
advertise-
lnent in the Gazette and also to the parties interested in tile land
whereon such house
shall be situate so far as they can be ascertained by reference to the
records of the Land
Office but the want of such notice shall not invalidate any proceedings.

23. The Registrar General shall take notes of the evidence given during
such
investigation and if be shall be of opinion that such house or part of a
house as aforesaid
is an unlicensed brothel be shall declare the same to be such under his
band and seal
of offit<;e and a notification of each declaration shall be inserted is
the Gazette as soon
as practicable after the making thereof. A copy of the Gazette containing
such
notification shall be conclusive evidence of such declaration, and of the
fact that such
house or part of a house is an unlicensed brothel subject nevertheless to
appeal as.
hereinafter provided.

appeatfromeacla 21. Any person'aggrieved or affected by any such
declaration may within ten
an a ef~'~o'n days from the date of the notification thereof in the
Gazette, or at any time by leave

of snriYYUSry...-

,rurtadlcttou . .. .: of the Judje of the Court of Summary Jurisdiction
appeal from the decision of Me

Registrar General to the said Judge and the Re. istrar General shall upon
notice 'ol'
URDINANCF, - No. 10 or 1 887.

Contagious Diseases.

such appeal forthwith transmit to the said Judge the notes of the
evidence taken by,
him during such investigation and upon which such declaration shall have
been made,
and for the purposes of such appeal sUll take and transmit in manner
aforesaid such
further evidence as the said Judge shall direct and the said minutes and
further
evidence if any shall be laid before the said Judge who n:ay confirm the
said declara-
tion or may order in writing the same to be cancelled.

25. Any person who shall appear, act, or behave himself as the person
having who al,au;b_e

the care or management of any unlicensed brothel shall be deemed and
taken to be
the keeper thereof and shall be liable to be punished as such
notwithstanding he may
not in fact be the keeper thereof.

26. Every woman who shall reside in, frequent, or be found in an
unlicensed
brothel for the purposes of prostitution shall upon proof thereof to the
satisfaction of
the Registrar General [' a .'lfagisIrate' as amended by Ordinance No. 2
of 1876] be liable
to a fine not exceeJina $50 or to imprisonment for any term not exceeding
two months.

2'7. Every keeper of a-ii unlicensed brothel shall be liable for the
first offence to
a fine not exceeding $100 or to imprisonment with or without hard labor
for a term
not exceeding three months, fur the se,;ond offence to a fine not
exceeding $200 or to
imprisonment with or without hard labor for a term not exceeding six
months, and for
& third and any subsequent offence to a fine not exceeding 1500 or to
imprisonment
with or without hard labor fur a term not exceeding twelve months,
provided always
that it shall be lawful for the Rejistrcr General ['a Magistrate' as
amended by,Ordinanca
No. 2 of 1876] to punish such offender both by fine and imprisonment if
he shall think,

28. Whenever any house or part.of a house shall have been twice declared.
by the
Registrar General to be an unlieensed brothel it shall be lawful for him
by warrant
.under his band to remove all the inmates. of such house or part of a
house as the case
may be and to close up the same and such house or part of a house shall
not be re.
inhabited unless the Re.istrar General shall be satisfied that the same
will be occupied
in a proper and legal manner and not as an unlicensed brothel, or unless
the Governor
shall otherwise direct and permit; and every person knowingly
re-inhabiting any house
or part of a house so closed up as aforesaid without the permission of
the Governor or
of the Registrar General shall be liable to a fine not exceeain ; $300 or
to imprisonment
with or without hard labor for arty term nut excee,ling six mouths.

29. Nothing herein contained shall as regards unlicensed brothels affect
any Saving otuther
remedies.
other remedies applicable by the laws in force in the Colony for the time
being for the
suppression thereof.

deemed ksor.o,
et an mlcenae~
brothel,

women, residing
in or frequentlig
unlicensed
brothels for
purposes of
proatitntlon,

Penalty for
keeping
unlicensed
brothel.

declared to be
need as an
unlicensed
brothel maybe
closed up.

Outdoor Prostitution.

X30. Every woman who doll be found in any street, road, m;xtshed,
womautoun(rin street, &e.
or other place within one guile. of any district for the purposes of per
purposes
3

.o~rprostitu-
L tioA liable to
ytr;c~. _ dine and im-
pgonment.
ril

~t
womanfound
,;yn~- n. - - on board any
°- - 'nn k, &c. for
1
purposes of

Ftitution
'T'
froble to fine
x
ailfl imprison.
~ meat:
3,
' Nzson in
eF
r .Charge of
- juil~ c: in
w~ii~ ,` Oman
n;; four' x o
13uTtioses of
rj = prostltuti.on
7 liable to
fine and im-
prisonment,
and junk, Ste.

to forfeiture.
Constable
authorized to
arrest without
warrant
persons found
offending and
to seize Junk,
&c.

vppointiheat of
Inspector of
Hospitals and
visiting

PORGY to
Governor to
prqvide
hospital$.

Snperiatoadeat
of Hospital.

Power to make
,regulations for

ORDINANCE No. 10 of 186T.'

Contagious Diseases.

prostitution shall be liable to . a penalty not exceedin$25, or to be'
imprisoned for any term not exceeding three months with or without
bard labor.

X31. Every woman who shall be found on board of any junk, boat,
sampan, or craft of any kind or description within Colonial Waters, for
the
purposes of prostitution shall be liable to a penalty not exceeding `W5,
or to be imprisoned for any term not exceeding three months with or
without hard labor.

X32. Every person apparently in charge of any junk, boat, sampan,.;
or craft when any woman shall be found therein for the purposes of
prostitution shall be liable to the same penalties as in the last
preceding
section mentioned and in addition thereto such junk, boat, sampan, or
craft, may on proof of any woman having been found therein for the
purposes aforesaid be forfeited to the Crown.

. *33. It shall be lawful for any constable belon0-ina to the Police.
Force to take into custody without warrant any person in any manner
offending against the three last preceding sections and to seize, detain
and,
take possession of any junk, boat, sampan, or craft in which any woman
shall be found for the purposes aforesaid.

Inspector of Hospitals and Surgeons.

34. An Inspector of Hospitals and Visiting Surgeons shall be appointed
whose.
respective duties shall from time to time be defined by the Governor.
Until the
Governor shall otherwise direct and during any vacancy the Colonial
Surgeon shall be
Inspector o£ Hospitals.

Hospitals.

35. The Governor may from time to time provide any buildings or parts of
buildings as hospitals for the purposes of this Ordinance and the fact of
such buildings
or parts of buildings being so provided shall be notified in the Gazette.
A copy of the.
Gazette containing any such notification shall be conclusive evidence
thereof.

36. A superintendent shall be appointed for each hospital who shall have
the
control and management thereof, subject nevertheless to the directions of
the Inspector
of Hospitals and to any regulations made and approved under this
Ordinance in respect
thereof.

3'7. The Inspector of Hospitals shall make regulations for the management
and'
government of every hospital as far as regards women authorized by this
Ordinance to
be detained therein for medical treatment or being therein under medical
treatment
for a contagious disease such regulations not being inconsistent with the
provisions of

~` Sections 30 to 33 inclusive are repealed by Ordinance No. Il of 1890,
the coming into force
of trhich Ordinance is suspended until Her Majesty's confirmation is
signified.
ORDINANCE No.: 10 0F 186?.

Contagious Diseases.

This Ordinance and may from time to time alter any such regulations; but
all such
regulations and all alterations thereof shall be subject to the approval
in writing of
the Governor in Council.

38. A printed copy of regulations purporting to be regulations of a
hospital 60 Evidence of

regulations.

approved such copy being signed by the Inspector of Hospitals shall be
evidence of the
regulations of the hospital and of the due making and approval thereof
for the purposes
of this Ordinance.

39. Every woman detained in a hospital shall during the period of such
detention acre and

treatment of

be carefully provided for and furnished free of expense to her with
lodging, clothing, inwom detained
and food.

40. The expenses which may be incurred in or about the treatment o£ any
prostitute detained in a hospital as specified in the last preceding
section shall be a
debt due to the Crown and payable by the keeper of the brothel or by the
beeper or
person apparently in charge of the house wherein such person may have
been residing.
The same in case of non-payment may be sued for and recovered from such
keeper or
person by the Registrar General, or other duly authorized officer,
subject nevertheless
-to the provisions in the next section contained.

41. No keeper of a licensed brothel shall be liable to such payment
unless the
amount thereof shall have been certified under the hand of the Visiting
Surgeon to b©
in accordance with a scale of charges to be from time to time fixed by
the Inspector of
.Hospitals with the approval of the Governor and such certificate shall
be evidence of
the duo making arid approval of such scale of charges for tile purposes
of this Ordinance
and of all other facts therein certified.

42. In case the keeper of a licensed brothel shall refuse or neglect ~ to
pay to
tile Registrar General the amount due to the Crown and payable by him in
respect of
such expenses as aforesaid within three days after the service upon him
of a notice in
that behalf or within such further period as the Registrar General may
allow the licence
granted to such keeper in respect of such brothel shall from the
expiration of the said
three days or such further period as aforesaid be suspended until such
payment shall
have been made or recovered, and the provisions of section 17 as to the
recovery of
fines shall be applicable to the recovery of the said amount.

Medical Examination.

43. Every inmate of a licensed brothel shall be liable at all times to
medical
~~eaamination by a Visiting Surgeon,in such brothel or at such hospital
as lie shall direct',

44. Where an information on oath is laid before the Registrar General, by
the
,Superintendent or an Inspector of Police charging to the effect that the
informant has
;good cause to believe that a woman therein named is a common prostitute,
and is
resident within a district of Victoria or if not being so resident has
within fourteen

1:xpeYises' of
treatment of
women in
hospitals.

Amount to be
certified by
Visiting
Surgeon..

In case of non-
payment licence
to become void
and amount
recoverable front
householder.

Inmates of
licensed brothels
at all times liable
to medical
examination.

On information
the Registrar
General .may -. .
issue notice to. :'_
common.
prostitute. - -
ORDINANCE N©. W oF 140.

Contagious diseases.

days before the .laying of the information been 'within a district of
Victoria or within
the harbor thereof for the purpose of prostitution the. Registrar General
may if he
thinks fit issue a notice thereof addressed to such woman which notice
the Superintend-
ent or Inspector of Police shall cause to be served on her.

415. In either of the following cases namely:-

rower to
Registrar
General to order

Perioatear 1st. If the woman on whom such a. notice is served appears
herself or by some
medical
.examination, person on her behalf at the time and place appointed in the
notice or at
some other time and place appointed by adjournment;

2nd. If she does not appear and it is shown to the satisfaction of the
Registrar
General that the notice was served on her a reasonable time before the
time appointed fur her appearance or that reasonable notice of such
adjournment was given to her (as the case may be) ;
the Registrar General on oath being made before him substantiating the
matter of the
information to his satisfaction may if he tbink fit order that tie woman
be subject to
a periodical medical examination by a Visiting Surgeon for any period not
exceeding
one year for the purpose of ascertaining at the time of each such
examination whether
she is affected with a contagious disease and thereupon she shall be
subject to such a
periodical medical examination and the order, shall be a sufficient
warrant for a Visiting
Surgeon to conduct such examination accordingly.
The order shall specify the time and place at which the woman shall
attend for
the first examination.
The Superintendent of Police shall cause a copy of the order to be served
on the

woman.-

'Power tto make 48. The Governor in Council may from time to time make
regulations respecting
teghtationa as to
j medical eaamt. the times and places of medical examinations under this
Ordinance, and generally res-

nations.
petting the arrangements for the conduct of those examinations; and a
copy of all such
regulations from time to time in force shall he sent to the Registrar
General, the
Inspector of Hospitals, the Visiting Surgeons, and the Superintendent of
Police.

VisitingSurgeon 47. The Visiting Surgeon having regard to the regailations
aforesaid and to the
to rescri
timpes, &ebo circumstances of each case shall at the fiist examination of
each woman examined by
him and afterwards from time to time as occasion requires prescribe the
times and
places at which she is required to attend again for examination and he
shall from time
to time give or cause to be given to each such woman notice of the times
and places so
prescribed.
Volpntaryaph - 48. Any woman may voluntarily by a submission in writing
signed by her in the
mission
woman.by presence of and attested by the Registrar General subject herself
to a periodical medical
examination under this Ordinance for any period not exceeding one year.
ORDINANCE No. 10 of 1867:

.Contagious Diseases.

Detention in Hospital.

49. If on any medical examination under this Ordinance the woman examined
is Certiticateof
Visiting Surgeon.
found to be affected with a contagious disease she shall thereupon .be
liable to be
detained in a hospital subject and'according to the provisions of this
Ordinance and
a Visiting Surgeon shall sign a certificate to the effect that she is
affected with a con.
tagious disease naming the bospital in which she is to be placed. Such
certificate sl;all
be sent to the Registrar General and the woman shall be detained in such
bospital
until discharged therefrom as in the nest succeeding section mentioned or
under the
provisions of section 51 of this Ordinance.

60. Where a woman certified by a Visiting Surgeon to be affected with a
contagious
disease is placed as aforesaid in a hospital for medical treatment she
shall be detained
there for the purpose by a Visiting Surgeon until discharged by him by
writing under
his hand.

The certificate of a Visiting Surgeon shall be sufficient authority for
such detention.

bl. The Inspector of Hospitals may if in any case it seems to him
expedient bypo`anrto er es rti--

ordera transfer in writing signed by him direct the transfer of any woman
detained in a hospital fled hostitnl.
for medical treatment from tbat hospital to another named in the order.

Every such order shall be sent to the Registrar General and shall also be
sufficient
authority for the Superintendent of Police or any person acting under his
order to
transfer the woman to whom it relates from the one bospital to the other
and to place
her there for medical treatment and she shall be detained there for that
purpose by the
Visiting Surgeon until discharged by him by writing under his hand,

The order of the inspector of Hospitals shall be sufficient authority for
such
detention.

62. Provided always that no woman shall be detained under any one
certificate tim'anon of
dete..tton.
for a longer tune than three months unless the Visiting Surgeon certify
that herfurtber
detention for medical treatment is requisite in wbicb case she may be
further detained
in the hospital in which she is at the expiration of the said period of
three months by
the Visiting Surgeon until disebarged by him by writing under his hand.,

53. If any woman detained in any hospital considers herself entitled to
be for -ate apply,
discharged therefrom and the Visiting Surgeon refuses to discharge her
such woman
shall on her request be couvey ed before the Registrar. General [' a.
Magistrate' as amended
by Ordinance No. 2 of 1876 and he shall if satisfied upon mediml
examination that
he is free from a contagious disease discharge her from such hospital and
such order
.of discharge shall have the same effect as the discharge of the Visiting
Surgeon.

Dotentton in
hospital.

.Refusal to be Examined, &c.

54. In the following cases, namely:-

(1.) If any woman who is the inmate of.a licensed brothel or who is
subjected efnsalltooDe

by order of the Registrar General under this Ordinance to periodical
examined, &C.
Effect n£ order
of imprisonment
for quitting
11081,1tai, .cC.

ORDINANCE No. 10 of 18f7:

Contagious Diseases.

medical examination at any time, temporarily absents herself in order-
to avoid submitting herself to such examination on any occasion on
which she ought so to submit herself or refuses or wilfully neglects to-
submit herself to such examination on any such occasion;

If any woman authorized by this Ordinance to be detained in a hospital.
for medical treatment quits the hospital without being discharged
therefrom by the Visiting Surgeon by writing under his hand (the proof
whereof shall lie on the accused);

(3.) If any woman authorized by this Ordinance to be detained in a
hospital
for medical treatment or any woman being in a hospital under medical
treatment for a contagious disease refuses or wilfully neglects while in
the hospital to conform to the regulations thereof made and approved
under this Ordinance;

then and in every such case such woman shall be guilty of an offence
against this Ordi-
nance and on summary conviction shall be liable to imprisonment with or
without hard
labor in the case of a first offence for any term not exceeding one
month, and in a case
of a second or any subsequent offence for any term not exceeding three
months and in
ease of the offence of quitting the hospital without being discharged as
aforesaid the
woman may be taken into custody without warrant by any constable.

55, If any woman is convicted of and imprisoned for the offence of
absentiug:-
lierself or of refusing or neglecting to submit herself to examination as
aforesaid the
order subjecting her to periodical medical examination shall be in force
after and
notwithstanding her imprisonment unless a Visiting Surgeon appointed
under this-
Ordinance at the time of her discharge from imprisonment certifies in
writing to the
effect that she is then free from 'a contagious disease (the proof of
which certificate
shall lie on her) and in that case the order subjecting her to periodical
medical
examination shall on her discharge from imprisonment cease to operate.

!j$, If any woman is convicted of and imprisoned for the offence of
quitting a.
hospital without being discharged or of refusing or neglecting while in a
hospital to
conform to the regulations thereof as' aforesaid the certificate of the
Visiting Surgeon
under which she was detained in the hospital shall continue in force and
on the
expiration of her term of imprisonment she shall be sent back from the
prison to that
hospital and shall (notwithstanding anything in this Ordinance) be
detained there
under that certificate as if it were given on the day of the expiration-
of her term of
imprisonment unless a Visiting Surgeon appointed under this Ordinance at
the tune of
her discharge from imprisonment certifies in writing to the effect that
she is then free
from a contagious disease (the proof of which certificate shall lie on
her) and in that
case the certificate under which she was detained and the order
subjecting her to
periodical medical examination shall on her discharge from imprisonment
cease to
ORDINA\CE No. 10 of 1867:

Contagious Diseases.

5'7. If on any woman leaving a hospital a notice is given to her by the
Visiting
-Surgeon to the effect that she is still affected with a contagious
disease and she is after-
wards in any place for the purpose of prostitution without having
previously received
from one of the Visiting Surgeons appointed under this Ordinance a
certificate in
writing (proof of which certificate shall lie on her) to the effect that
she is then free
from a contagious disease she shall be guilty of an offence against this
Ordinance and
-on summary conviction before tjte Registrar General ['a3Tagistrate' as
amended
by Ordinance No. 2 of 1876,] shall be liable to be imprisoned with or
without hard labor
in the case of a first offence for any term not exceeding one month and
in the case of a
second or any subsequent offence for any term not exceeding three months.

Duration of Order.

58. Every order under this Ordinance subjecting a lvoman to periodical
medical
examination shall be in operation and enforceable in manner in this
Ordinance pro-
vided so long as and whenever from time to time the woman to whom it
relates is
within the Colony but not in any case for a louder period than one year
and where
the Visiting Surgeon on the discharge by him of any woman from the
hospital certifies
that she is free from a contagious disease (proof of which certificate
shall lie on leer)
the order subjecting her to periodical medical examination sliall
thereupon cease to
operate.

Relief from Examination.

59: If any woman subjected to a periodical medical examination under.
e,his
Ordinance (either on her own submission or under the order of the
Registrar General)
desiring to be relieved therefrom and not being under detention in a
hospital makes
:application in writing in that behalf to the Registrar General he shall
appoint by
notice in writing a time and place for the hearing of the application and
shall cause
the notice to be delivered to the applicant and a copy of the application
and of the
notice to be delivered to the Superintendent of Police.

60. If on the bearing of the application it is shown to the satisfaction
of the
Registrar General that the applicant has ceased to be a common prostitute
or if the
applicant with the approval of the Registrar General enters into a
recognizance with or
without sureties as to the Registrar General seems meet for her good
behaviour during
three months thereafter the Registrar General shall order that ,she be
relieved from

periodical medical examination.

61. Every such recognizance shall be deemed to be forfeited if at any
time during rnrfeiture of
recognizance by,
the term for which it is entered into the woman to whom it relates is in
any public return to proe-
tltution;
thoroughfare street or place or in any junk, boat, sampan or craft fox
the purpose of
prostitution or otherwise conducts herself as a common prostitute:

Penalty on
woman dis.
charged nneRre(I
conducting
herself as A
prostitute.

Order to operate
whenever from
time to time the
woman is within
the Colony but
not for more
than one year.

Application fur
relief from
examination.

Order for relief
nom examina-
tion on discon-
tinuance of.
prostitution.'
ORDINANCE .No. l0:og 1867.

Contagious Diseases:

Penalties for Harboring.

i~ouaiay,ror 62. If any person being the occupier of any house, room or
place or being a
permitting
diseased prosti- manager or assistant in the mauagemeut thereof having
reasonable cause to believe-
tnto to res~ Ct t0
any house for any woman to be a common prostitute and to be affected with
a contagious disease
prnetttatton.
induces or suffers her to resort to or be in that house, room or place
fir the purpose of.
prostitution he shall be guilty of an offence against this Ordinance and
on summary
couvicLiun thereof before the Registrar General shall be liable to a
penalty not exceed--
iug $100 or at the discretion .,f the Registrar General P a Magistrate'
as amended by,
Ordinance No. 2 of 18710] to be imprisoned for any term not exceeding six
months with.
or without hard labor.
Seamen and Boarding Houses for Seamen.

xeepere of g$, ],very keeper of a licensed boarding house for seamen shall
furnish to the-
iicensedbnardin~
~a ei,~`~farnteh Harbor Master, once in every week, a list of seamen then
resident in his house, and
Harbor Master shall report in such list as to the state of health of each
seaman so far as he may be
with wqekly hats of tbo seamen
resident in their able to ascertain the same; and every seaman who may be
reported or may be otherwise,
houses, and
report theiretata - discovered to be affected with a contaZgious disease,
shall be removed by warrant under
of health.
Diseased seaman the hand of the Harbor Master to a hospital, where he
shall be kept until be be, by
to be removed to
w hospital, the Visiting Surgeon thereof, discharged as cured, and shall
have obtained from such
Visiting Surgeon a certificate of his having been so discharged wl,i--h
certificate ho shall,
produce and spew to the Harbor Master when required so to do; and the
expenses
which may be incurred in and about the maintenance and treatment of any
such
seaman in such hospital, shell be a debt due to the Crown, and shall be
paid by such:
seaman; or, in case of the keeper of the .boarding house in which such
seaman shall
have resided before his removal to hospital not having reported, or
having made a false-
reporb as to the state of health of such seaman, thin such expenses shall
be paid by
such boarding house keeper, in case it shall appear to, and be certified
by, the Visiting Surgeon of the hmspital to which such seaman may be
removed, that the disease with
which he may be affected is of such a nature as that the keeper of the
boarding house
could, with ordinary and reasonable observation, have ascertained its
existence;' and
in all cases such expenses shall in case of non-payment be sued for and
recovered by'
the Harbor Master on behalf o£ the hospital. (Repealed by Ordinance No. 8
of 1879.a
hennlty for 64. If any seaman affected with a contagious disease, and
reported so to be by
otPeeing any
obstruction to the keeper of the boarding house in which such seaman may
be residing, shall refuse,
renmval to
hnapitni. or offer any hindrance or obstruction to his removal to a
hospital; or, having been
removed to a hospital, shall attempt to leave the sumo before he shall be
properly
discharged cured ; or having been discharged cured, shall refuse to
produce his
certificate of discharge when required by the Harbor Master authorized to
demand the-
same; or being affected with a contagious disease, shall neglect or
refuse to inform the.
i keeper of the buardiug house in which he may be residing,-thu, and in
every such
case, such seaman so offending shall be liable to be brought before the
Harbor Master.
ORDINANCE No. 10 or, 1867.

Contagious Diseases:

and subjected to a fine not exceeding twenty-five dollars, or to
imprisonment, with or
without hard labor, for any term not exceeding one month. [Repealed bzj
Ordinance
No. $ of 1879.]

65. The master of any merchant ship, before shipping any seaman, may
require
that such seaman shall be inspected by the Colonial Surgeon by notice in
writing to
that effect addressed to the Harbor Master or a Visiting Surgeon
appointed in pursuance
of this Ordinance and the Colonial Surgeon or such Visiting Surgeon upon
such inspec-
tion is to give a certificate under his hand as to the state of health of
such seaman,
which certificate such seaman is to produce and show to the master of the
ship ill
which he may be about to serve; and for every such certificate there
shall be paid the
fee of fifty cents, to be paid by the master or agent of the ship in case
such seaman
should prove to be in sound health, and by the seaman himself or the
boarding house
keeper with whom be shall be residing in case be shall prove to be
affected with any
contagious disease; such fee to be received by the Harbor Master, and in
case of non-
payment to be sued for and recovered by biln, and paid into the Colonial
Treasury for
the purposes of this Ordinance. [Repealed by Ordinance No. 8 of 1879.]

Expenses of Execution of Ordinance.

Masters of ships.
before shipping
seamen may
require them to
undergo medical,
inspection.

66. All fines imposed and levied for offences against this Ordinance and
all fees Fines and teem
levied and

and payments collected under the provisions thereof shall be appropriated
to the collected to forav

a general fund.

formation of a general fund for the purposes of this Ordinance.

Appointment of Officers, Bye-Laws, Regulations, &c.

67. The Governor shall from time to time appoint all officers employed in
carry-
ing out the provisions of this Ordinance and the duties and salaries of
all such officers
shall be regulated from time to time by the Governor in Council.

g$, The Governor in Council may from time to time make such regulations
and Power to
Governor in
bye-laws as may be deemed necessary for carrying into effect the
provisions of this council

Ordinance and for the control of licensed brothels.

69. No such regulations or bye-laws shall take effect until seven days
after the
publication thereof in the Gazette, and a copy of the Gazette containing
such publica-
tion shall be conclusive evidence of such regulations or bye-laws.

Procedure.

70. The place in which the Registrar General shall sit in discharge of
his duties
shall be such place as may from time to time, be appointed for that
purpose by the
Governor, [and the place in which any proceeding under this Ordinance
before the Registrar
General or on appeal shall take place, shall not, unless the person
accused or affected by each
proceeding so desires, be deemed an. open CouA and unless such person
otherwise desires the
-Registrar General, the Magistrates, or the Judge of the Court of Summary
Jurisdiction as
the case may be, may order that no person have access to or bP or remain
in that place without
permission. Repealed by Ordinance No. 2 of 1876.

Power to
Governor to
appoint all
officers.

Bye-laws to take
effect seven days
after publication
in Gazette.

Place of proceed-
ing before Re-
gistrar General
to be flied by
Governor and
shall not be in
open Court unless
by desire ofparty
affected.
ORDINANCE No. 10 0-F 1867.

Contagious Diseases.

' 71. Every person violating the provisions of thin Ordinance or of any
regulation
or bye-law made in pursuance thereof shall he guilty of a misdemeanor and
except
where otherwise provided by this Ordinance or by any regulations or
bye-laws made
as aforesaid shall be liable on summary conviction before the Registrar
General [°°a
.Magistrate,' as amended by Ordinance No. 2 of 18%6] to a fine not
exceeding $200 or to
imprisonment with or without hard labor for any term not exceeding six
months.

72. The forms of certificates, orders and other instruments given in the
schedule
to this Ordinance or forms to the line effect with such variations and
additions as
circumstances require may be used for the purposes therein indicated and
according
to the directions therein contained and instruments in those forms shall
gas regards
the form thereof) be valid and sufficient.

73. In any proceeding under this Ordinance every notice, order,
certificate, copy
of regulations, or other instrument shall be presumed to have been duly
signed by the
person and in the character by whom and in which it purports to be signed
until the
contrary is shown.

74. Every notice, order, or other instrument by this Ordinance required
to be
served on a woman shall be served by delivery thereof to some person for
her at her
usual place of abode or by delivery thereof to her personally.

76. For the purpose of regulating appeals under this Ordinance, the Judge
of the
Court of Summary Jurisdiction and the Magistrates respectively shall
frame rules,
orders and forms, and may from time to time amend such rules, orders or
forms, and

such rules, orders and forms or amended rules, orders or forms certified
under the hand
of the said Judge or under the hands of the said Magistrates as the case
may be shall
be submitted to the Legislative Council who may allow, disallow or alter
the same.

'l8. Any action, plaint ox prosecution against. any person for anything
done in
pursuance or execution or intended execution of this Ordinance or of any
regulations
or bye-laws made in pursuance thereof shall be commenced within three
months after
the throb done and not otherwise.

Notice in writing of every such action or plaint and of the cause thereof
shall be
given to the intended defendant one month at least before the
commencement of the
action or plaint.

In any such action or plaint the defendant may plead enerally ox set up
by way
of special defence that the act complained of was done in pursuance or
execution or
intended execution of this Ordinance or of any such regulati;:i: or
bye-law as aforesaid
and give this Ordinance and such regulation or bye-law and the special
matter in
evidence at any trial to be had thereupon.

The plaintiff shall not recover if tender of sufficient amends is made
before action
or plaint brought or if after action or plaint brought a sufficic;;t sum
of money is paid
into Court by or on behalf of the defendant.
ORDINANCE .loo, vU oF1867.

Contagious Diseases.

If a verdict passes or decree is given for the defendant or the plaintiff
becomes
nonsuit or discontinues the action after issue joined or if on demurrer
or otherwise
judgment is given against the plaintiff, the defendant shall recover his
full costs and
shall have the like remedy for the same as any defendant has by law for
costs in other
cases.

Thou?h a verdict or decree i3 given for the plaintiff he shall not have
costs against
the defendant unless the Judge before whom the trial is had certifies his
approbation
of the action or plaint.

SCHEDULES.

(Gazette Notice of Appointments.)

'THE CONTAGIOUS DISEASES ORDINANCE, 186?.'

His Excellency the Governor his been pleased to appoint [ ] to be
under the above mentioned Ordinance.

13y Order,

Colonial Secretary's Office, Hon,gkoug, [date].

(Notification of Hospital.)

'THE CONTAGIOUS DISEAfE9 ORDINANCE, 186i.'

Colonial Scereta.ry.

In pursuance of the above mentioned Ordinance it is hereby notified that
His Excellency the
Governor has provided the following building (or part of a building)
wmely [here describe the same,
gmeerally] as a hospital for the purposes of this Ordinance.
By Order, -

Colonial Secretary's Office, Hongkong, [date].

Hongkong The information of [
to wit. this . dap of

cause to believe that

'THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

Colonaial Secretary.

] Superintendent [or Inspector] of Police taken
18 - before the undersigned who says he has good,

] is a common prostitute and (is resident

within a district of Victoria that is to say [state address] ) (or 'was
within 14 days before the -layiilg
of this information within a district of Victoria or within the harbor
thereof for the purpose of

prostitution.')
Taken and sworn before me the day and year first above mentioned.

(Signed).:.

?eyistrar General.
ORDINANCE No. 10 OF 1$67.

Contagious Diseases.

(Notice for attendance of Woman.)

'TIiE CONTAGIOUS DISEASES ORDINANCE, 1867.'

To A.B. of
Take notice that an information a copy whereof is subjoined hereto has
been laid before me and that
in accordance with the provisions of the above mentioned Ordinance the
truth of the statements therein
contained will be inquired into before me at
on the day of 18 at o'clock in the noon.
You are therefore to appear before me at that place and time and to
answer to what is stated in the
said information.
You may appear yourself or by any person on your behalf.
If you do not appear you may be ordered without further notice to be
subject to a periodical
medical examination by the Visiting Surgeon under the said Ordinance.
If you prefer it, you may by a submission in writing signed by you in my
presence and attested by
me subject yourself to such a periodical examination.
If you do so before the time above iappointed for your appearance it will
not be necessary for you
to appear before me

Dated this day of

(Subjoin Copy of Information.)

(Order subjecting Women to .Examination.)
'THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

(Signed)

Hongkong) Be it remembered, that on the
to wit. ~ in pursuance of the avove mentioned Ordinance, I,

Registrar General.

day of

do order that A. B., of

be subject to a periodical medical examination by the Visiting Surgeon for
months from this day, for the purpose of ascertaining at the time of each
such examination whether
she is affected with a contagious disease within the meaning of the said
Ordinance, and that she do attend
for the first examination at on the day of at o'clock in
the noon.

I, d. &., of

(Signed,)

( Voluntary Submission to Examination.)

'THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

Registrar General.

in pursuance of the above mentioned Ordinance, by this submiaion,

voluntarily subjebt myself to a periodical medical examination by a
Visiting Surgeon for
months from the date hereof.

Dated this

Witness,

Registrar Gtneral.

clay of

(Signed,) A.B.
ORDINANCE No. 10 OF 1667.

Contagious Diseases.

(Notice by Visiting Surgeon to Woman of Times, 4-e., of Examination..)

'THE CONTAGIOUS DISEASES ORDINANCE, 1867:'

To 1.B. of

Take notice, that in pursuance of the above mentioned Ordinance, you are
required to attend for
medical examination as follows:

[here state times and places of examination.]
Dated this day of 18
' (Signed,) E.1.,

Trisiting surgeon.

(Certificate rf Visiting Surgeon)

'THE CONTAGIOI7S DISEASES ORDINANCE, IHG7:'

In pursuance of the above mentioned Ordinance, I hereby certify that T
have this day examined
A. B. of , and that she is affected with a contagious disease within the
meaning
of that Ordinance ; and the hospital in which she is to he placed under
the said Ordinance is the

Dated this day of 18

(Signed,) E. F

V,isitinp rfurgcon.

(Order Ly Inspectn2amfer.)

`° THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

By virtue of the power in this behalf vested in me by the above mentioned
Ordinance, I hereby
-order that A.B. of , now detained under that Ordinance in the hospital of

for med ical treatment, be transferred thence to the hospital of

Dated this

day of

18

(Signed,) M.N.,

Inspector of hospitals.

(Certificate for Detention beyond Three llontlts.)
'THE CONTAGIOUS DISEASES ORDINANCE, lss7.'

I, the undersigned, hereby certify that the further detention for medical
treatment of A.B. of
now an inmate of this hospital, is requisite.
Dated this day of 78 , at the hospital.
(Signed,) M.N.,
Visiting Surgeon,
(Dischargefrom Ziospital.)

'THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

In pursuance of the above mentioned Ordinance, I hereby discharge A.B. of,
from this hospital [add a;cmding to tlae fact, and certify that she is
now free from a contagious disease..]
Dated this day of 18 , at the Hospital.
(Signed,) G.FL,

Visiting Surgeon.
ORDINANCE, No.. 10 ~ of 1$67.

Contagious Diseases.

(G&tificutc on Discharge from Imprisonment.)

'THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

Whereas under the above mentioned Ordinance A.13. of , was on the day of
convicted of the offence of and has since been imprisoned for that

olfcnce in and is now discharged from imprisonment therein: Now in
pursuance
of the said Ordinance I hereby certify that she is now free from a
contagious disease.

Dated this

fro A.If.

(Notice to Woman leaving Hospital.)

'TH1: CONTAGIOUS DISEASES ORDINANCE, 1867.'

(Signed,) R.O.,

Visiting Surgeon.

As you are now leaving this hospital, I hereby, in pursuance of the above
mentioned Ordinance,
giv<-~ yon notice that, yon ore still affected with a contagious disease.

Dated. this day of 18

Note-The above mentioned Ordinance provides as follows:-

If :my woman leaving a hospital a notice [set out section of Ordinance,]

(Cnrti;/icute nn last foregoing Airtioo or Copy.)

`TIiE CONTAGIOUS DISEASES ORDINANCE, 1861.'

(Signed,) G.IL,

Visiting Svrgeon.

In pursuance of the within mentioned Ordinance, 1 hereby certify that the
within uarrv:d woman is.

now free from a contagious disease.

Dated this day of 18 .
(Signed,) I;.F.,

(application to he relieved front Ig,rg.ntinatiorrs.)
`THE CONTAGIOUS DISEASES ORDINANCE, 1867.'

Visiting isrurgeon.

'fo L.IU., Esq., Registrar General.

I, X1.13. of , being in pursuance of the above mentioned Ordinance,
subject to
periodical medical examination on my own submission [ur under your order,
as the case nbay be.]

,

dated the day of , do hereby apply to be relieved therefrom.
Dated this day of 18 .

(Signed,) A. B.
Witness, G. 1T:
Contagious Diseases.

No. 10 of 1867.

(Q.)

(Notification in Gazette that a House is declared an Ualicensed Brothel.)

'THE CONTAGIOUS DISEASES ORDINANCE, 1561.'

It is hereby notified that the house [or part of a house] hereinafter
mentioned that. is to -ay
[describe the same] was on the clay of 1S , pursuant to

section 23 of the above Ordinance, declared by me under my hand and seal
of office to be an unlicensed
brothel.

Registrar General.

day of ,

-and that the charges hereto marked A. are in accordance with the scale
of chargers fixed by me with tl;c
approval of His Excellency the Governor pursuant to section 41 of the
above mcnLioneU Ordinance.

Dated this clay of

l1eapcetnr of TTnalritcd.e.

[Confiirmation proclaznZed 8th April, 1868: (Gazette 11th of same month.)
All repecded
by Ordinance No. 19 of 1889 except sections 30 to 33 inclusive. Sections
30 to 33 .~.
repealed by and on the coming into operatzola of Ordinance No. X1 of
1890.1

..,

NOTE.-For rules and bye.laws for control of licensed brothels under
section 78 of the 30th
December, 1873, see Gazette of the 3rd Tanuary, 1874.

For regulations as to the Lock Hospital &c., of the 14th October, 1875, see
Gazette of the 6th November, 1875.

955
Title.
Preamble.
Short title.
Interpretation of terms.
'Contagious disease.'
'District.'
'Superintendend of Police.'
'Householder' and 'Agent.'
'Keeper of a Licensed Brothel.'
'Inmate of a Licensed Brothel.'
Suspending clause.
Repeal of Ordinance No. 12 of 1857.
Power of Registrar General.
956
Power of appeal to the two Magistrates.
Registrar General may grant brothel licences.
No licensed brothel to be kept in a house, &c., where any trade is carried on.
Cancellation or suspension of licence.
A register of licensed brothels to be kept.
Keeper of licensed brothel to exhibit and to furnish to the Registrar General a list of inmates.
957
Penalty in case of any person being infected in a licensed brothnel.
Penalty in case of a person infecting any inmate of a licensed brothel.
Penalty for allowing any child under the age of 15 to be in a licensed brothel.
Inspection of licensed brothels.
Keeper of licensed brothel to reside therein and appoint substitute during absence.
Recovery of fines on keeper of regisered brothel.
Fees payable for a brothel licence.
No unlicnesed brothels to be kept.
958
Power to enter or break into houses suspected of being unlicensed brothels.
Investigation by Registrar General as to suspected brothel.
Notice of such investigation.
Declaration by Registrar General that a house or part of a house is an unlicensed brothel.
Appeal from such declaration to Judge of Court of Summary Jurisdiction.
959
Who shall be deemed keeper of an unlicnesed brothel.
Penalty on women residing in or frequenting unlicensed brothels for purposes of prostitution.
Penalty for keeping unlicnesed brothel.
Premises twice declared to be used as an unlicensed brothel may be closed up.
Saving of other remedies.
Woman found in street, &c. for purposes.
960
of prostitution liable to fine and imprisonments.
Woman found on board any junk, &c. for purposes of prostitution liable to fine and imprisonment.
Person in charge of junk, &c. in which woman found for purposes of prostitution liable to fine and imprisonment, junk, &c. to forfeiture.
Constable authorized to arrest without warrant persons found offending and to seize junk, &c.
Appointment of Inspector of Hospitals and Visiting Surgeons.
Power to Governor to provide hospitals.
Superintendent of Hospital.
Power to make regulations for hospitals.
961
Evidence of regulations.
Care annd treatment of women detained in hospital.
Expenses of treatment of women in hospitals.
Amount to be certified by Visitng Surgeon.
In case of non-payment licence to become void and amount recoverable from householder.
Inmates of licensed brothels at all times liable to medical examination.
On information the Registrar General may issue notice to common prostitute.
962
Power to Registrar General to order periodical medical examination.
Power to make regulations as to medical examinations.
Visiting Surgeon to prescribe times, &c.
Voluntary submission by woman.
963
Certificate of Visiting Surgeon.
Detention in hospital.
Power to transfer to another certified hospital.
Limitation of detention.
Power to apply for discharge.
Penalty for refusal to be examined, &c.
964
Effect of order of imprisonment for absence, &c., from examination.
Effect of order of imprisonment for quitting hospital, &c.
965
Penalty on woman discharged uncured conducting herself as a prostitute.
Order to operate whenever from time to time the woman is within the Colony but not for more than one year.
Application for relief from examination.
Order for relief from examination on discontinuance of prostitution.
Forfeiture of recognizance by return to prostitution.
966
Penalty for permitting diseased prostitute to resort to any house for prostitution.
Keepers of licensed boarding houses for seamen to furnish Harbor Master with weekly lists of the seamen resident in their houses, and report their state of health.
Diseased seamen to be removed to a hospital.
Penalty for offering any obstruction to removal to hospital.
967
Masters of ships before shipping seamen may require them to undergo medical inspection.
Fines and fees levied and collected to form a general fund.
Power to Governor to appoint all officers.
Power to Governor in Council to male bye-laws.
Bye-laws to take effect seven days after publication in Gazette.
Place of proceeding before Registrar General to be fixed by Governor and shall not be in open Court unless by desire of party affected.
968
Every offence against this Ordinance a misdemeanor.
Forms in schedule may be used.
Presumption in favor of authenticity of signatures, &c.
Mode of service.
Judge, &c., to frame rules for regulating appeals.
Limitation of actions, &c.
973