APPROPRIATION (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1862) ORDINANCE

ORDINANCE No. 2 of 1861.

,Appropriation.

No. 2 of 1861.

An Ordinance to apply a Sum not exceeding Sixty-eight thousand one :
'title.
hundred Pounds to the Public Service of the Year 1862.

25th June, 1861.]

wHEREAS the expenditure required for the service of this Colony for the
year
1862 has been estimated at the sum of sixty-eight thousand and
ninety-eight
pounds, and twelve shillings: Be it enacted and ordained by His
Excellency the Gov-
,ernor of Hongkong, with the advice of the Leislative Council thereof, as
follows:-
0

A sum not exceeding sixty-eight thousand one hundred pounds shall be and
the
same is hereby charged upon the revenue of this Colony for the serviec of
the year 1862,
and the said sum so charged shall be expended as hereinafter specified,
iltnt is to say:

s.d.

50 0

337 10
383 0
1,330 0
15 0
1,640 15
1,872 10
739 10
1,280 0
712 10
765 0
145 17

1,520 0
2,740 0
1,096 0
15,886 0
4,635 0
2,500 0

100 0

13, 500 0

16,500 0
50 0

300 0

-CIVIL I:S'1'ARLISHIIENT S,-
The Governor,
..................................................................
Colonial Secretary
................................................................
Colonial Tre:vsurer,
...............................................................
Auditor General,
...............................................................

Clerk of Councils, ,

Surveyor Gcneral,
..............................................................

Postmaster General, _
Registrar Genoral, ,.

Harbour Master and Emigration O>Tieer,
....................................
Police and Lighting Rate Collector,
..........................................
JUDICIAL ESTABLISHMENT , .............................................

ECCLESIASTICAL ESTABLISHMENT, ,

EDUCATIONAL ESTABLISIIMENT, ....................................
MEDICAL ESTABLISIIMENT, .............................................
CHIEF MAGISTRATE ,
.........................................................
POLICE,
..........................................................................
....

GAOLS, ...................................................

PENSION'S, RETIRED ALLOWANCES, AND GRATUITIES, ...

WORKS AND BUILDINGS, ,

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

MISCELLANEOUS SERVICE, S, ,

[repealed LxJ Ordinance 1Vo. 4 of 1887.

Latluwtes, 7802.

0

0
0
0

0
0
0
0
0
0
0

0
0
0
0

0

£68,098 120
Title.
Preamble.
Estimates, 1862.

Title.
Preamble.
Estimates, 1862.

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PROBATE -- AMENDMENT ORDINANCE

ORDINANCE No. 1 of 1861.

Probate-Amendment.

No. 1 of 1861.

An Ordinance for amending Ordinance No. 8 of 180.

[23rd March, 1861.E

Preamble. ~HLR>JAS it is necessary to amend Ordinance No. 8 of 1860, inti-
tuled 'An Ordinance to amend the Law in relation to the Grant

and Revocation of Probates of Wills and Letters of Administration in
Hongkong: : lie it therefore enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows:- ,

itepeal of 1. Sections 10 and 11 of Ordinance No. 8 of 1860 are hereby
repeal-
sections 10 &

11 of No, s o£~ ed and instead thereof there shall be substituted the
following two sec-

isso. tions to be numbered respectively 10 and 11, that is to say:-

Aftiaavits. U.
before whom
to be made
when persons
making them
reside in
Foreign Paris.

Affidavits
made in Bri-
tish domi-
nions before
whom to be
sworn.

1'orti.oa of
section 16 0£
No. 8 of 1860
to be struck
out.
Provision for
reprints of
Ordinance
.No. 8 or 1860.

10. Affidavits declarations or affirmations of persons residing in
Foreign farts if sworn declared or afhrlned before the persons em-
powered to administer oaths under the Act of the 6th Geo. IV. cap.
87 or under the Act of the 18th and 19th Viet. cap. 42 before any
Foreign Local Magistrate or other person having authority to ad-
minister an oath in places where there are no such persons as are
mentioned in the said Acts may be used in the said Court in its
Probate Jurisdiction. -
lI. Affidavits declarations and affirmations sworn made and
taken in any place out of the Colony of Hongkong under the do-
minion of IIer Majesty before any Court, Judge, Notary Public,
or person lawfully authorized to administer oaths in. such place may
be used in the said Court in its Probate Jurisdiction. And all
officers of the said Court shall take judicial notice of the seal or
signature, as the case may be, of any such Court, Judge, Notary
Public, or ` person which shall be attached, suspended, or' sub-
scribed to any such affidavit, declaration, or affirmation-or to any
other document.

2. All of section 15 of Ordinance \'o. 8 of 1860 from the words in
tile seventh line 'and all the' to the end inclusive shall be struck out.

3. In every reprinted copy of Ordinance No. 8 of 1860 the amend-
ments hereinbefore specified in respect of the same shall be made by the y
printer before publishing the same; and it shall not be afterwards neces-

sary to print or reprint this Ordinance.
Preamble.
Repeal of sections 10 & 11 of No. 8 of 1860.
Affidavits, &c. before whom to be made when persons making them reside in Foreign Parts.
Affidvits made in British dominions before whom to be sworn.
Portion of section 15 of No. 8 of 1860 to be strunk out.
Provision for reprints of Ordinance No. 8 of 1860.

Preamble.
Repeal of sections 10 & 11 of No. 8 of 1860.
Affidavits, &c. before whom to be made when persons making them reside in Foreign Parts.
Affidvits made in British dominions before whom to be sworn.
Portion of section 15 of No. 8 of 1860 to be strunk out.
Provision for reprints of Ordinance No. 8 of 1860.

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SUPPLEMENTARY APPROPRIATION (TO DEFRAY THE CHARGES OF THE YEAR 1860) ORDINANCE

ORDINANCE No. 1s of 1860.

Supplementary Appropriation.

No. 19 of 1860.

An Ordinance to authorize the appropriation of a Supplementary Sum
not exceedinj Four thousand and forty-four founds to defray the
charges of the Year 1860.

[17th December, 18G0.]

WI-IEREAS it has become necessary to make further provision for the
public service Preamble.
of the Colony for the year 1860, in addition to the charge upon the
revenue for
the service o£ the said year already provided for in the Estimates
submitted to the legis-
lative Council: Be it enacted and ordained by His Excellency the Governor
of Hong-
kong, with the advice of the Legislative Conucil thereof, as follows:-

1. A sum not exceeding four thousand and forty-four pounds shall bo, and
the same s,.,.
is hereby, charged upon the revenue of this Colony for the service of the
Sear 1860, and Estimates, hauo.
the said sum so charged shall be expended as hereinafter specified, that
is to say:-

CIVIL ESTABLISIIIIEN'CS :---

s. d.
?50 14 3
22 , I 4

1

81 15 0

36 15 2
G .7 6
36 15 10

POLICE ESTABLISIIMEN'1', ...................................................
161 4 31

GAOLS, ........................................ 65 15 6

423 14 7
132 3 8

430 19 7

52'7 14 10
28 0 1
182 4 1
16 9 5
162 10 5

Surveyor General,, .... ,

Postmaster General, ...................... , 1,476 14

Police and Lighting Rate Collector, , ..

ECCLESIASTICAL ESTABLISIIMENT,

MEDICAL ESTABLISIIMEN'.C, :

PENSIONS, RETIRED ALLOWANCES, AND GItA'FUI'1'IES, ,
REVENUE SERVICE, S (EXCLUSIVE or EsTnuLismcLNTs), .

HOSPITALS
GAOLS
TRANSPORT,

CONVEYANCE OF MAILS, ,

MISCELLANEOUS SERVICES,_

SPECIAL EXPENSES, &c., ............ ,

Do.,

Do.,

£4,043 19 8

Repealed by Ordinance No. 4 of 1887.
Preamble.
Supplementary Estimates, 1860.

Preamble.
Supplementary Estimates, 1860.

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APPROPRIATION (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1861) ORDINANCE

ORDINANCE No. 18 of 1860.

Appropriation.

No. 18 of 1860.

An Ordinance to apply a Sum not exceeding Sixty-six thousand one

A hundred founds to the Public Service of the' Year 1861.

[I 7th December, 1860.
~IIEREAS the expenditure required for the service of this Colony for the
year 1861

~/ has been estimated at the sum of sixty-six thousand and ninety,
pounds, and seven
shillings : Be it enacted and ordained by His Excellency the Governor of
I3ongkong,
with the advice of the Legislative Council thereof, as follows :-

Fstfmntea,1sci. A sum not exceeding sixty-six thousand one hundred pounds
shall be and the same is
hereby charged upon the revenue of this Colony for the service of the
year 1861, and the
said sum so charged shall be expended as hereinafter specified, that is
to say:-

CIVIL ESTABLISHMENTS :-
The Governor, .

Auditor General,

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

Surveyor Gonoral, ............ ...................................
Postmaster Goneral, ,
Registrar General,
............................................................
Harbour Master and Emigration Officer, .................................
Police and Lighting Rate Collector, ,
......................................
JUDICIAL ESTABLISHMENT, .............................................
ECCLESIASTICAL ESTABLISI-I112I,NT, ..............................
EDUCATIONAL ESTABLISHMENT, ...................................
MEDICAL ESTABLISIIbIENT, :
CHIEF yIAGISTRAIE, ......................................................

GAOLS, ...... ,
PENSIONS, RETIRED ALLOWANCES AND GRATUITIES,...
CHARITABLE ALLOWANCES, .............................................
WORKS AND BUILDINGS, ...................................................
ROADS, STREETS, AND I3RIDI~ES, . ....,................................
MISCELLANEOUS SERVICES, :
SPECIAL EXPENSES, &c., .................

Repealed by Ordinance 110. 4 of 188r.]
.

50
312
203
1,330
15
1,270
2,454
739
1,305
712
760
145
1,545
2,860
1,083
14,506
3,747
2,650
50
18,930
17,050
50
300

s. d.
0 0

10 0

0 0
0 0

0 U

15 .U

3:.4

10- 0

0- 0

010.

0 '0

I7 b

0° 0

I1 8

,0 0

0.Q

10.. J

0' 0

0 '0

0 . (l

0

0'0

0 tl:
Preamble.
Estimates, 1861.

Preamble.
Estimates, 1861.

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MERCANTILE MARINE -- EXAMINATION BOARD ORDINANCE

Mercantile Marine -- Examination Board.

No. 17 of 1860.

An Ordinance to constitute a Board of Examiners for granting Certificates
of Competency to plasters and Mates in the Mercantile Marine.

30th November, 1860.

r,.NU,nvie_ WHEREAS it is expedient to constitute a Board of Examiners to
inquire into the
qualifications of, and great certificates of competency to persons
desirous of
ORDINANCE No. 17 of 1860:

Mercantile 1Ylarine-Examination Board.

becoming masters or mates in the Mercantile Marine: Be it, therefore,
enacted and
ordained by His Excellency the Governor of Hong)iong, with the advice of
the Legisla-
tive Council thereof, as follows:-

1. There shall be constituted a Board of Examiners, to be called 'The
Mercantile
Marine Examination Board,' and sash Board shall sit whensoever the same
shall be
summoned in manner hereinafter in that respect provided, at the Harbour
Master's
Office, for the purpose of examining candidates for the post of master or
mate in the
Mercantile Marine. And such Board shall consist of the following members,
to be
appointed from time to time by His Excellency the Governor; namely:-the
Harbour
Master, a Master in the Royal Navy, a Government Marine Surveyor, and two
masters
of the Mercantile Marine duly qualified under the provisions of the
'Mvrcliant Ship-
ping Act 1854,' three of whom shall form a quorum.

2, Whenever any person shall be desirous of obtaining a certificate of
competency Summoning or
non rd.
as master or mate, he shall give notice in writing to that effect to the
Harbour Master,
who shall forthwith transmit such notice to the Colonial Secretary; and,
on receipt
from him of the names of persons appointed to act as examiners, shall
summon the
other members of the said Board to attend at the Harbour Master's Office
for the pur-
pose of examining such applicant upon some day to be named in the summons
(such
day not to be more than seven days later than the day of the date of such
summons;)
and shall also notify the applicant for examination to attend accordingly.

3. Every applicant for examination fur a certificate of competency, as
master
shall upon lodging his application pay to the Harbour Master a fee of
twenty current
dollars. And every applicant for a certificate of competency as hate
shall in litre
manner pay a foe of ton dollars; and the Harbour Master shall pay over
all movies
received on account of such fees to the Colonial Treasurer for the
purposes of the
general revenue of the Colony.

4. To each examiner, except tile Harbour Master, there shall be paid a
fee of Fees to memLers.
five dollars for each applicant examined, and such fee shall be paid by
the Colonial of Board.
Treasurer out of the general revenue of the Colony.

5. To every applicant who shall have passed a satisfactory examination
and shall
have given satisfactory evidence of his sobriety, experience, and general
good conduct
on board ship, a certificate o£ competency signed by the members of the
Board who
shall have acted as examiners shall be given to the effect, that he is
competent to act as
master, or as first, second; or only mate.

Constitution of
Board.

hues to be paid-
by applicants,

6. Upon the occasion of every such examination as aforesaid the result
thereof 13eports of exa-

shall be reported to the Board of Trade by the Harbour Master.

[Repealed 4 Ordinance No. 8 of 1879.

Certificates to be
given to appli-
cants who stall
have passed

their examina-
tion.

minations to he
made to the-.
Board of Trade:.
484

Preamble.
Constitution of Board.
Summoning of Board.
Fees to be paid by applicants.
Fees to members of Board.
Certificates to be given to applicants who shall have passed their examination.
Reports of examination to be made to the Board of Trade.

484

Preamble.
Constitution of Board.
Summoning of Board.
Fees to be paid by applicants.
Fees to members of Board.
Certificates to be given to applicants who shall have passed their examination.
Reports of examination to be made to the Board of Trade.

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NEWSPAPERS ORDINANCE

Newspaper.

No. 16 of 1860.

An Ordinance to amend the haw relating to Newspapers in Hongkong.

[30th November, 1860.]

BE it enacted and ordained by His Excellency the Governor o£ Hongkong,
with the
advice of the Legislative Council thereof, as follows:-

1. That on acid after the first dap o£ January next, no person shall
print or
publish or cause to be printed or published, any newspaper, until he
shall have entered
unto a bond before the Registrar o£ the Supremo Court, together with two
sufficient
sureties, to the satisfaction of such Registrar-every person printing or
publishing any
such newspaper, in the sum of two hundred and fifty pounds, and his
sureties in a like
sum in the whole-conditioned that such printer or publisher shall pay
every such fine
or penalty as may at any time be imposed upon or adjudged against him by
reason of
any conviction for printing or publishing any libel at any time after the
entering into
such bond-and also all costs of such conviction ; and as a further
condition, that every
such printer or publisher shall pay all such damages and costs as may be
recovered or
arise in any action for libel published in such newspaper. And every
person who shall
print or publish, or cause to be printed or published any newspaper,
without having
entered into such bond, with such sureties as aforesaid, shall, for every
such offence
forfeit the sum of twenty pounds, together with costs of conviction.

2. Every bond so given as aforesaid may be sued upon in the name of the
Attor. Attorney General
or Plaintiff en
ney General in cases 'of indictment or information, and of the plaintiff
in any action sue.
for libel in which damages may have been recovered.

~, In every case in which any surety in any such bond shall have been
required New sureties to
be p'roPitled i2<
to pay, and have paid, the whole or any part of the sum for which he
shall have become certain cascg-
.surety; or in case he shall become bankrupt or insolvent, or shall cease
to be a resident
in Hongkong, then and in every such case the person for whom such surety shall have
No. 16 of 1860.

Newspapers.

been bound, shall not print or publish any newspaper, until he shall have
entered into
a new bond, with sufficient sureties in the manner and to the amount
aforesaid;,
and in case he shall print or publish any such newspaper, without having
executed such
new bond as aforesaid, he shall forfeit for every such offence the sum of
twenty pounds,
together with costs of conviction.

5nrettes may
with dram, from

brmd. ..

Recovery of

]1NIIMbN3.
(* .Cen~(ipd, i10. 4

4. If any surety shall be desirous of withdrawing from such bond, it
shall be-,
lawful for him so to do upon giving twenty days previous notice in
writing to the Re-
gistrar of the Supreme Court, and also to such printer or publisher; and
in every such
case, such surety, from the expiration of such notice, shall cease to be
liable upon
the said bond, except for any penalty or penalties, damages or costs, for
or in respect
of any libel which may have been printed or published in such newspaper,
previous to
the expiration of such notice, and for which he would otherwise have been
liable under
the said bond; and in every, such case the person for whom such surety
shall have been

bound shall not print or publish any newspaper, until he shall have
executed a
new bond, with sufficient sureties, in the manner and to the amount
aforesaid; and in
case he shall print or publish any such newspaper, without having entered
into such
new bond as aforesaid he shall for every such offence forfeit the sum of
twenty hounds,.
tog other with costs of conviction.

5. Every penalty hereby imposed may be recovered, together with the
costs, in a
summary way before the *Chief or other Police Magistrate; and the amount
thereof may
be levied by distress and sale of the goods and chattels of the offender,
or in default of
sufficient distress, ho shall be liable to be imprisoned for any time not
exceeding three-
months.

6. All bonds executed under the provisions of this Ordinance shall within
ten`
days after the execution thereof be transmitted to the Colonial Secretary
for safe

custody.

[Repealed by Ordinance N0. G of 188d.]
483

[60 G. 3. c. 9.]
[1 w. 4. c. 73.]
Bond to be given by printer or publisher of newspaper.
Attorney General or plaintiff to sue.
New sureties ti be provided in certain cases.
484

Sureties may withdraw from bond.
Recovery of penalties. [* See Ord. No. 6 of 1862.]
Custody of bonds.

483

[60 G. 3. c. 9.]
[1 w. 4. c. 73.]
Bond to be given by printer or publisher of newspaper.
Attorney General or plaintiff to sue.
New sureties ti be provided in certain cases.
484

Sureties may withdraw from bond.
Recovery of penalties. [* See Ord. No. 6 of 1862.]
Custody of bonds.

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REGISTRATION OF BOAT, & c. ORDINANCE

Registration of Boats, & c.

No. 15 of 1860.

An Ordinance for the Registration and Regulation of Boatmen and others
employed in Licensed Cargo Boats, and for the Survey of such
Boats.

[17th November, 1860.]

~E it enacted and ordained by His Excellency the Governor of Hongkong,
with the
advice of the Legislative Council thereof, as follows :-

irer»tar to be 1. The Registrar General shall beep a book, in whirl: shall
he entered the number,
xNt,t.
name, and place of abode of every boatman or other person employed on
hoard any
cargo boat, and which shall be called the 'Cargo Boatmen Register' and be
admitted
as evidence before all Magistrates having jurisdiction within the Colony
of Hongkong
or the waters thereof.

r.iaeneeq to be 2. Every boatman or other person employed in guy capacity
on hoard any cargo
granted.
boat shall make application to the Registrar General for a licence
ticket, which ticket

the said Registrar General is hereby empowered to issue, arid to demand
and take the
ORDINANCE loo. 15 of 1860.

Tlegistralion of Boats, cps.

ttm of twenty-five cents for such ticket, and which ticket shall have
thereon in legible
letters and figures the words 'Cargo -Boat,' and the number in
consecutive order of
such licence, and the year in which issued.

3. Every person applying for a licence. ticket shall give to the
Registrar General Name, place of
abode, &e. to be
a true account of his name and place of abode; and shall give notice to
the said 3c:ttrd.
Registrar General whenever he may change his place of abode; in default
of his so
doing, and on conviction thereof, his licence shall become absolutely
void and of no
effect, and he shall be liable to a peualty not exceeding twenty dollars,
or to imprison.
went not exceeding three months.

4. Every licence shall be in force from the first day of January until
the end of unratl,n, of
r.?celiac.
the then current year, and no longer.

5. Every person, other than the original holder, who may be found in
possession of Unkwfal Poases-
slon of a ticket.
any licence ticket, shall be liable on conviction to a penalty not
exceeding fifty dollars,
or, at the discretion of a Magistrate, to imprisonment, with hard labour,
not exceeding
three calendar months.

6. Every holder of a licence ticket who tnay accidentally lose the same,
inay, on Lost tk-ket.,.
satisfying the Registrar General that such loss was occasioned by
accident, obtain
another ticket, which shall be beaded 'Dttrplicate Ticket,' and for which
the applicant
shall pay a fee of one dollar.

Every person who may counterfeit, or be in possession of any counterfeit
Counterfeit
tlekets.
licence ticket, without lawful excuse, shall, on conviction, be liable to
any tern of
imprisonment not exceeding twelve months.

S. Every boatman or other person employed, or who may have been employed,
on worl;htgw;ntout
ticket.
board of any cargo boat, who shall not be in possession of a licence
ticket, or who shall
not produce the same when demanded, shall be liable to a penalty not
exceeding twenty
dollars, or to imprisonment not; exceeding six months.

9. Every master or other person engaged in the working of a cargo boat,
who may
'employ, or allow to be employed, any unregistered person on board
thereof, shall, on
conviction, be liable to a penalty not exceeding twenty dollars.

10. Every member of the Police Force duly authorised by the
Superintendent of
Police, every Inspector of boats, or outer person specially appointed,
shall be entitled
to eater at any time, with or without a search warrant, on board of any
cargo boat for
the purpose of searching therein; and if there shall be found on board
such boat any
,goods, of whatever description, of which no satisfactory account can be
given; or, if it
can be proved that any each goods have been landed or transferred from
guy cargo
boat, the master or other person having charge of such boat, shall be
deemed to have
-or to have had, as the case may be; unlawful possession o£ such goods,
cud, being
convicted thereof, shall be liable to a penalty not exceeding one hundred
dollars, or to
imprisonment not exceeding six months.

)imp?oYing nnre-
p;i5te.rVd ?,ersnns.

1'idnwunl ?IpFpeS'
glen of good,,.
Licence may be
yvitbdrawn or
suspended.

Owners omidoy-
ing nnregisterea
persons.

ORDINANC)D No. 1 5 OF 1860.

Registration of Boats, yc.

11. The Magistrate before whom any conviction may take place under the
provisions of this Ordinance, may, if he shall think fit, either in
addition to or in lieu
of any fine or imprisonment hereby imposed, suspend, or altogether
withdraw the
licence of any offender, and transmit his licence ticket to the Registrar
General, with
a certificate setting forth the decision at which lie has arrived; and,
in case of
suspension, the Registrar shall re-issue the ticket to the applicant at
the expiration
of the time for which the Magistrate shall have suspended the licence.

12. Every owner of a cargo boat who shall employ any unregistered person
to
take charge thereof, or to work therein, or who shall refuse when called
upon to give
=information which he may possess as to names, places of abode, or other
particulars
relative to persons charged with the commission of offences against this
Ordinance,
shall on conviction thereof be liable to a penalty not exceeding fifty
dollars.

Certificate of fit- 13. On and after the first day of January next, every
applicant for a licence for
boat of cargo.
any cargo boat shall produce, at the time of making his application, a
certificate under the
hand of the Harbour Master, or an Inspector appointed for that purpose,
setting forth
that he has examined the boat for which a licence is required, and that
it is in all
respects fit and proper to be employed as a cargo boat: and the Harbour
Master or
Inspector shall deliver to the applicant a certificate to the effect
stated on payment of
a foe of one dollar.
Vxamlnaaen of 14. The Harbour Master or Inspector is hereby embowered to
enter at any time -
cargo boats.
on board of guy licensed cargo boat, and to survey and examine the same ;
and in the
event of his discovering that any false bottom or other fitting,
alteration or addition
has been made therein for the purpose of facilitating the fraudulent
concealment of
goods, he shall seize and detain such boat, and apprehend or cause to be
apprehended
the master or other person in charge thereof, and deliver him into the
custody of a
Police constable.

Boats eitb false 15. As soon as conveniently may be after the seizure of
any boat, the Harbour
bottoms, &c. may
i>e seized and Master, or Inspector, shall prefer an information before a
Police Magistrate against

oondenmed,

the licensed owner, and also against the toaster or other person found in
charge of
such boat; and if the Magistrate, after hearing all the evidence which
may be offered,.
shall be satisfied that the false bottom or other fitting, alteration, or
addition complained.
of was used or made for the purpose of fraudulently concealing goods
therein, he may
adjudge that such boat shall be forfeited and sold and the proceeds
thereof be paid.
into the the Colonial Treasury; and also that the master or other person
found in
charge of such boat, shall forfeit and pay any sum not exceeding fifty
dollars, or be
imprisoned and kept to hard labour for any term not exceeding six months.
And the
licensed owner of such boat shall, if the Magistrate be satisfied that
the alteration,
addition, or fitting complained of, was made or used by his order, or
with his sanction
or connivance, be liable to forfeit and pap guy sum not exceeding one
hundred dollars,
or to be imprisoned for guy term not exceeding six months.
Registration of Boats, & c.

No. 15 of 1860.

16. If any person shall resist, impede, or obstruct the Harbour Master or
obstructing in-

~u~c4or.

Inspector or other person in the execution of his duty under this
Ordinance, he shall be
liable on conviction thereof to a penalty not exceeding fifty dollars, or
to imprisonment
with hard labour not exceeding three calendar months.

1'7. This Ordinance shall commence and take effect on the first day of
January Gnnmt:nccment

of l)rdimmcc,

next.

[Repealed leg Ordinance l1'0. 8 of 1879.]
480

Register to kept.
Licences to be granted.
Name, place of abode, &c. to be stated.
Duration jfo Licnece.
Unlawful possession of a ticket.
Lost tickets.
Counterfeit tickets.
Working without ticket.
Employing unregistered perosns.
Unlawful posssession of goods.
Licnece may be withdrawn or suspended.
Owners employing unregistered persons.
Certificate of fitness of cargoboat required.
Examination of cargo boats.
Boats with false bottoms, &c. may be seized and condemned.
483

Obstructing Inspector.
Commencement of Ordinance.

480

Register to kept.
Licences to be granted.
Name, place of abode, &c. to be stated.
Duration jfo Licnece.
Unlawful possession of a ticket.
Lost tickets.
Counterfeit tickets.
Working without ticket.
Employing unregistered perosns.
Unlawful posssession of goods.
Licnece may be withdrawn or suspended.
Owners employing unregistered persons.
Certificate of fitness of cargoboat required.
Examination of cargo boats.
Boats with false bottoms, &c. may be seized and condemned.
483

Obstructing Inspector.
Commencement of Ordinance.

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REMISSION OF PENALTIES ORDINANCE

No. 14 of 1860

Remission of Penalties.

An Ordinance far the Remission of Penalties.

[17th August, 1860.]

I-ILI-IEAS penalties which under Penal Statutes or Ordinances are
made payable to parties other than the Crown cannot be remit-

ted by the Governor where no express provision has been made by the
Imperial Statute or Colonial Ordinance for that purpose, and it is ex-
pedient that the law as to the remission of such penalties should be
amended and made uniform : Be it, therefore, enacted and ordained by
His Excellency the Governor of Honnkonj, with the advice of the Legis-
lative Council thereof, as follows:-

Power rP 1. It shall be lawful for the Governor to remit, in whole or in
part,
,Governor to
YwDlit penal- any sum of money which under any Act of the Imperial
Le~;islazture or
ties other
tlta,r those any Ordinance now in force or hereafter to be passed in.the
Colony of

,(111C t0 Crown.

IIonglconl; may be imposed as a penalty or forfeiture on a convicted
offender, although such money may be in whole or in part payable to
some party other than the Crown, and to order the discharge of any

person who may be imprisoned for non-payment of any sum of money

so imposed.
480

Preamble.
[22 Vict. Cap 32.]
Power to Governor ot remit penalties other than those due to Crown.

480

Preamble.
[22 Vict. Cap 32.]
Power to Governor ot remit penalties other than those due to Crown.

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CIVIL LIST ORDINANCE

Civil List.

No. 13 of 1860.

An Ordinance for the Establishment of a Civil List.

[17th August., 1860.]

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

1. There shall be payable in every year to Her Majesty, Her Heirs
and Successors, out of the general revenue of the Colony of Hongkong
the several sums not exceeding in the whole the sum of twenty-seven
thousand ,mounds [' twenty-eight thousand two hundred pounds ' as

amended by Ordinance fro. 5 of 1862 for defraying

one thousand -

the expense of the

several salaries named in the schedule A, to this Ordinance anxtexed,
ORDINANCE No. 13 of 1860.

Civil List.

the said several sums to be issued by the Colonial Treasurer in discharge
of suchwarrant or warrants as shall be from time to time directed under
the hand of the Governor.

c»n nit to
cost from 1st

,August, isso, the present month.

2, That this Ordinance shall tale effect from the commencement of

SCHEDULE A.

CIVIL LIST.

To be placed at the disposal of Her Majesty for the salaries of the
undermentioned Officers, if Her Majesty shall see fit,
otherwise to revert to the General Revenue
Service of the Colony.

Governor and Commander-in-Chief, ..............................
Chief Justice, .........................................................
Colonial Secretary, ...................................................
Attorney Goneral, ...................................................
Colonial Treasurer, .:.................................................
Auditor Goneral, ......................................................

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

# Chief llTayistratc, ..................................................

Post Master General, , .. ,

Registrar of Supreme Court, :
Colonial Chaplain, .

Colonial Surgeon, ......................................................

Harbour i4lastor, ,

Registrar General,
Clerk of Councils,

Governor's Establishmerat,-
Privato Secretary, , ,

Colonial Secretary's Establislament,-

nnr3 f~l mrIz.

Snlaries payable
whilst present
incumbents are
in office.

£5,000
2,500
1,500
1,000
1,000
500
1,000
1,200
800
800
800
800
700
. 7 00

200

250

500
400
300
280

Carried , forward, ..

Salaries to be
paid in Pnture,
as vxcunciee
occur.
£5,000
2,500
1,500
1,000'
1,0'00
500
1,000
1,200
800
800
800
800
700
700
200

500
400
300
280

.£20,230 120,280

*'S:`rzarlz out and new words-and figures inserted by Ordinance 11'0. 5
of 1862.
ORDINANCE No. 13 of 1860. 479

Civil List.

Salaries payable Salaries to be
whilst present paid in future,
incumbents are as vacancies
in office. ocear.

Colonial Treasurer's Establishment,-

Brought jbrward . £20,230 £20,30

1 st Clerk and Casbier, 400 400
2nd Clerk and Accountant, 300 300

Auditor General's Establishment,-

Surveyor General's Establishment,,

1st Clerk,
2nd Clerk,

# Cltief Magistrate's Establishment,-

*Assistant Magistrate,..,

1st Clerk,

300

700
400

2nd
Clerk, .............................................................. 300

200

1'ust Office Establishment,-

Assistant Post Master General, , : 500
Clerk, . , , 800

Supreme Court,-

Grown Solicitor, : 250
Deputy Registrar , . 400
Clerk of Court, ........................................... 300
Judge's Clerk, 300

Harbour Master's Establislament,-

1st Clerk,
2nd Clerk,

300

400
300

700
400
300
200

500
800

230
nil.
Soo
304

Registrar General's Establishment,-

1st Clerk, ....
2nd Clerk,.

TOTAL , , £26,930 £26,430

[# Struck out and new words and figures inserted by Ordinance No, 6 of
1862.
477

Appropriation of 27,000 pounds to Civil List.
Civil list to exist from 1st August, 1860.

477

Appropriation of 27,000 pounds to Civil List.
Civil list to exist from 1st August, 1860.

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WATER SUPPLY ORDINANCE

ORDINANCE No. 12 or 1860.

Water supply.

f&e Ordinances
Nt. 12 of 1380,
NO. s of lass, No.
11 ay' 18ft7, No. 4
of 1Ra8 an,;f Yo. 16
Of 1@00.1

Preamble.

A sum not ex-
ceeding £30,O00
to be charged on
the Colonial re.
venue, In addi-
tfon to tile gene-
ral expenditure.

Power to borrow
fn case the reve-
u>ra be de8eient.

Mortgages to,be
redeemable when
the Governor
shall determine.

water rate to be
imposed on cer
thin sub-districts
of the City of Vic-
toria.

Application of
such rate.

No. 12 of 1860.

:1 n Ordinance to provide a Supp'.y of Water for the City of Victoria, aid
to appropriate a Sum not exceeding Thirty thousand Pounds for

such purpose.

[10th July, 1860.)

WHEREAS it is desirable that suitable works should be constructed for the
pur--
pose of providing and maintaining a constant supply of pure water to the
City of Victoria, and it is necessary that funds should be provided for
the carrying out
of such works: Be it, therefore, enacted and ordained by His Excellency
the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows :-

1. A sum not exceedipg thirty thousand pounds shall be charged upon the
reve-
nue of this Colony for the purpose of constructing suitable works for
supplying the
City of Victoria with water, in addition to such sums as are now or may
hereafter be
charged upon the said revenue on account of the expenditure incurred or
to be incurred
in and about the general public service of the said Colony; And His
Excellency the -
Governor is hereby empowered to draw on the Colonial Treasury for such
sum or sums,
not exceeding the aforesaid amount, as lie shall from time to time think
fit.

2, In case the said revenue shall not be sufficient to afford such sum as
aforesaid,
in addition to the expenditure required for the general public service of
the Colony, it
shall ho lawful for His Excellency the Governor in Executive Council to
borrow such
sum or sums of money as may be so deficient, by mortgage of the water
rate hereinafter-:
authorized; and every mortgage stall ho in the form A. to this Ordinance
annexed.

3. Every mortgage, which shall be effected under the authority of thin
Ordinance,.
shall be redeemable whenever His Excellency the Governor in Executive
Council shall
determine: Provided always, that six months' notice of such intention to
redeem shall
be given to the mortgagee; and the Governor is hereby authorized and
empowered to
appropriate out of the Colonial revenue such sum or sums of money as may
be required
to carry out such redemption; but so that the amount borrowed and
redeemed, added
to the amount previously drawn from the Colonial Treasury, shall not at
any time ex-
teed in the whole the sum of thirty thousand pounds.

4. Upon the completion of the said water works there shall be levied
half-yearly
on the Crown lessees of all lands in the sub-districts comprised within
the District of
Victoria, except Wong-nei-claoong and Soo-koan poo, a rate to be called
a'° Water Rate'
estimated at two per cent per afanugn on the gross annual value of
property set forth in
tile Police rate assessment for tile current year; and all the provisions
of the Ordinances'
No. 2 of 185 and No. 3 of 1851, torching valuation, and appeal, shall
extend and apply
to the said water rate.

5. The said rate shall be applied in manner following; that is to say: in
the first
place, in maintaining the said water works and in defraying all expenses
connected
therewith; ,in the second- place, in securing and repaying-any movies
which may have
No. 12 of 1860.

Water supply.

been borrowed for the purposes aforesaid under the authority of this
Ordinance and-
the interest accruing thereon; and the residue shall be carried to the
credit of the
general revenue of the Colony.

g, In the construction of this Ordinance 'The Governor' shall be taken to
include nto,m;ns s tt,e

ter, t'Uovern-

the Officer for the time being Administering the Government of the Colony.

SCHEDULE A.

FORM OF MORTGAGE.

By virtue of the Ordinance \o. 12 of 1860 I [latroiox give the vtrnno tf
the Governor executitq the
mortgage] Governor and Commander-in-Chief of the Colony of liongkong and
its dependencies, and

Vice-Admiral of the same, in consideration of the sum of
the Colonial Treasurer of the said Colony by A.B. of

paid to
for the purposes of

the said Ordinance, Do grant and assign unto the said X1,13., his
executors, administrators, and assigns
such proportion of the rates, profits, and other movies arising or
occruin- by virtue of the said Ordinance
from the water rate thereby authorized to be imposed as the said sum of
dotli or shall bear to the whole suns, which is or shall be borrowed upon
the
credit of the said rates to hold to the said A.B., his executors,
administrators, and assignsfrom this day
until the said sutra of with int°rest a8 the rate of
per cent per annum for tl a same shall bi rally paid and satisfied (tae
ptiocipal
sum to be repaid at any time after the exli ration of six mont'ts'
noire). Giver under my hand and

the seal of the said Colony this
eight hundred and

[Repealed by Ordinance N0. 12 of 1875.]
[See Ordinances No. 12 of 1860, No. 5 of 1863, No. 11 of 1867, No. 4 of 1868 and No. 16 of 1890.]
Preamble.
A sum not exceeding 30,000 pounds to be charged on the Colonial revenue, in addition to the general expenditure.
Power to borrow in case the revenue be deficient.
Mortgages to be redeemable when the Governor shall determine.
Water rate to be imposed on certain sub-districts of the City of Victoria.
Application of such rate.
477

Meaning of the term 'Governor.'

[See Ordinances No. 12 of 1860, No. 5 of 1863, No. 11 of 1867, No. 4 of 1868 and No. 16 of 1890.]
Preamble.
A sum not exceeding 30,000 pounds to be charged on the Colonial revenue, in addition to the general expenditure.
Power to borrow in case the revenue be deficient.
Mortgages to be redeemable when the Governor shall determine.
Water rate to be imposed on certain sub-districts of the City of Victoria.
Application of such rate.
477

Meaning of the term 'Governor.'

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MARINE COURT OF INQUIRY ORDINANCE

Marine Court of Inquiry.

No. 11 of 1880.

An Ordinance to constitute a Marine Court of Inquiry in Hongkong.

[10th July, 1860. ]

rmuEnhip. '( xx'~'HEREAS it is expedient to constitute a tribunal within
this Colony with author-

ity to snake inquiry into charges of incompetency or misconduct on
the.part

of masters and mates of ships, and as to casualties affecting ships: Be
it, therefore,
enacted and ordained by His Excellency the Governor of Hongkong, with the
advice of
the Legislative Council thereof, as follows:-

[' Sae Ord. .i'o. S
VIM.]

ruses it, whi0n
inyniries are to
be Instltnted 6p
such Court,

Cnnstitutien ef 1. It shall be lawful for the Governor, from time to time,
and whensoever occa.:
Dlarine Court.
sion shall arise or require, by warrant under his hand gild seal, to
appoint five persons.
to form a Court, which shall be called 'Tile Marine Court ; ' and such
Court shall

consist of the Chief Magistrate, and Harbour Master, for the time being,
an un-official
Justice of the Peace, and two other persons, who shall be both, or either
of them,,-

Government Marine Surveyors, or master mariners.

Q. In any of the cases following, (that is to say,) wheresoever a charge
of incompe`-
tency or misconduct shall be brought by any person against any master or
mate of a
British ship;
Whenever ally slim is lost, abandoned, or materially damaged, on or near
tie-;
coasts of tlieColony of Hongkong;
ORDINANCE No. 11 oF, 1860.

.Marine Court of Inquiry.

Whenever any ship causes loss or material damage to any other ship on or
near such coasts;
Whenever, by reason of any casualty happening to or on board of any ship
on or near such coasts, loss of life ensues;
Whenever any such loss, abandonment, damage, or casualty happens else.
where and any. competent witnesses thereof arrive or be found at any
place in the said Colony;
It shall be lawful for such Court to bear and inquire into any such
charge of in.
competency or misconduct, and to make inquiry respecting such loss,
abandonment,
damage or casualty; and for such purposes they shall have the powers
given by the
first part of the 'Merchant Shipping Act 1854' to inspectors appointed by
the Board
of Trade.

3. The said Court shall, so far as relates to the summoning of parties,
compelling haa-1. of Court
to comlael utterd=
the attendance of witnesses, the regulation of the proceedings and the
enforcement of O're Of Parties,
witnesses, 3;c.

penalties, have the same powers as are vested in the Court of Petty
Sessions` or in the
Chief or assistant Magistrate in proceedings relating to an offence or
cause of complaint
upon which such Court of Petty Sessions or Magistrate has power to make a
summary
conviction or order, or as near as circumstances will permit.

4. Upon the conclusion of the case, the said Court shall send a report to
the
Board of Trade containing a full statement of the case and of their
opinion thereon,
accompanied by such reports of ox extracts from the evidence, and such
observations
<if any) as the Court.may think fit.

5. The said Court may make such order with respect to the costs of any
such in-
vestigation or any portion thereof as they may. deem fit, and such costs
shall be paid
.accordingly, and shall be recoverable in the same manner as costs in
summary proceed-
ings before the Court of Petty Sessions or before the Chief or Assistant
Magistrate.

g. The said Court may, if they tbink fit, require any master or mate
possessing a
certificate of competency or service whose conduct is called in question,
or appears to
them likely to be called in question in the course of such investigation;
to deliver such
certificate to them; and they shall hold the certificate so delivered
until the conclusion:
of the investigation, and shall then either return the same to such
master or mate, or,
if their report is such as to enable the Board of Trade to cancel or
suspend such certi-
ficate under the powers given to such Board by the Third Part of the
'Merchant Ship-
ping Act 1854,' shall forward the same to the Board of Trade, to be dealt
with as such
Board thinks fit; and if any master or mate fail so to deliver his
certificate, when so
required, he shall incur a penalty not exceeding two hundred current
dollars.

7. Provided always, that nothing in this -Ordinance contained shall be
taken to .lnrisdict;on 9f

tile Court Of

affect in any way the jurisdiction of the Vice-Admiralty Court of
Hongkong, howsoever vice-Admtralty

not to be .

-the same may be acquired. _ ,- ntfeeted.

of 1862.]

I;cport of Court'
to be seat to
Board of Trade.

Costs of Snell

33

finkters and
nmtes may be
required
to deliver certi-
ficates to be held
till close of
inquiry.

[Repealed by Ordinance Aro. 8 of 187J.]
474

Preamble.
Constitution of Marine Court.
[* See Ord. No. 6 of 1862.]
Cases in which inquiries are to be instituted by such Court.
Power of Court to compel attendance of parties, witnesses, &c.
[* See Ord. No. 6 of 1862.]
Report of Court to be sent to Board of Trade.
Costs of such investigations.
Masters and mates may be required to deliver certificates to be held till close of inquiry.
Jurisdiction of the Court of Vice-Admiralty not to be affected.

474

Preamble.
Constitution of Marine Court.
[* See Ord. No. 6 of 1862.]
Cases in which inquiries are to be instituted by such Court.
Power of Court to compel attendance of parties, witnesses, &c.
[* See Ord. No. 6 of 1862.]
Report of Court to be sent to Board of Trade.
Costs of such investigations.
Masters and mates may be required to deliver certificates to be held till close of inquiry.
Jurisdiction of the Court of Vice-Admiralty not to be affected.

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MERCHANT SHIPPING - FEES ORDINANCE

Merchant Shipping -- Fees.

No. 10 of 1860.

An Ordinance to establish and regulate certain Fees to be taken for
Duties to be performed under the Merchant Shipping Act, 1854.

[12th May, 1860.]

WHEREAS it is expedient to fix a tariff of fees to be levied and taken in
the r;evnm)le.
Colony of Hongkong in respect of certain duties to be performed under 'The
Merchant Shipping Act, 1854' : Be it enacted and ordained by His
Excellency the
,Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows:-

1. That the respective fees specified in the schedule hereunto annexed
stall be rechnairiea In

selioaaic to be

paid and taken, and may be sued for, by the officer for the time being
discharging the levied. duties of Principal Officer of Customs in
Hongkong under the provisions of the Merchant

Shipping Act, 1854, as the lawful fees for the discharge of the
respective duties therein
.specified.

2. All fees levied under this Ordinance shall be paid in current dollars,
and shall ree9 ti~ be pta

.be paid by the officer receiving then into the Colonial Treasury.
No. 10 of 1860.

Merchant Shipping -- Fees.

SCHEDULE.

Dlatter or Duty in Respeot of-mlaiela tlce bee i3 to be taken.

Elmorsnt of Fec_

Effectino> an Imperial Register and granting certificate thereof,
........... $10

Copy from Registry Rook, . 5

For every declaration made in any of the forms B, C, F, G, H or L in the
schedule to thel I

Merchant Shipping Act, 1t154, . ........ J

Endorsing a memorandum of change of master upon certificate of registry,
..........

Granting a provisional certificate of registry,
...............................................................
Recording a mortgage of a ship, or shares in a ship made under a
certificate of mortgage, ...
Recordinthe transfer of a mortgage of a ship, or shares in a ship made
under a certificate ~

of mortgage, ........................ , 1

Recording the discharge of a mortgage of a ship or shares in a ship made
under a certificate 1

of mortgage, . , I

For every salt of a ship or shares in a ship under a certificate of sale,
..............................
For every alteration in agreements with seamcn .
.........................................................
For certifying a dcscrtion,
..........................................................................
.............

For attesting a seaman's will,
.............................................. .......................

For examining provisions or water (to be paid by the party failing to
support his case), ......

[Repealed by Ordinance A'o. 8 of 1879.
473

Preamble.
Fees specified in schedule to be levied.
Fees to be paid in dollars and to be accounted for to Colonial Treasury.
474

473

Preamble.
Fees specified in schedule to be levied.
Fees to be paid in dollars and to be accounted for to Colonial Treasury.
474

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FRAUDULENT TRUSTEES, AND ETC. ORDINANCE

ORDINANCE No. 9 or, 1860.

Fraudulent Trustees, 4c.

No. 0 of 1860.

An Ordinance to make better Provision for the Punishment of Frauds
committed by Trustees, Bankers, awl other Persons intrusted with
Property.

[30th April, 18G0.]

WIIEREAS it is expedient to make better provision for the punishment of
frauds Preamble.
committed by trustees, bankers, and other persons intrusted with property:
Be it enacted by His Excellency the Governor of Hongkong, with the advice
of the
Legislative Council of Flongkong, as follows:-

1. If any person being a trustee of any property for the benefit, either
wholly or
partially, of some other poison, or for any public or charitable purpose,
shall, with
intent to defraud, convert, or appropriate the same or any part thereof
to or for his
own use or purposes, or shall, with intent aforesaid, otherwise dispose
of or destroy
such property or any part thereof, lie shall be guilty of a misdemeanor.

2. If any person being a banker, merchant, broker, attorney, or agent,
and being
entrusted for safe custody with the property of any other person, shall,
with intent to
defraud, sell, negotiate, transfer, pledge, or in any manner convert or
appropriate to of
for his own use such property or any part thereof, he shall be guilty of
a misdemeanor.

3. If any person entrusted with any power of attorney for the solo or
transfer of
any property shall fraudulently sell or otherwise convert such property
or any part
thereof to his own use of benefit, ho shall be guilty of a misdemeanor.

4. If any person, been; a bailee of any property, shall fraudulently take
or convert
the same to his own use, or the use of any person outer than the owner
thereof,
although he shall not 'break bulk or otherwise determine the bailment, he
shall be
guilty of larceny.

5. If any person, being a director, member, public officer, or manager of
any body
corporate or public company, shall fraudulently take or apply, for his
own use, any of
the money or otter property o£ such body corporate or public company, he
shall be
guilty of a misdemeanor.

g, If any person being a director, public officer, or manager of any body
corporate
or public company, shall as such receive or possess himself of any of the
money or
other property of such body corporate or public company otherwise than in
payment
of a just debt or demand, and shall, with intent to defraud, omit to make
or to cause
or direct t o be made a full and true entry thereof in the books and
accounts of such
body corporate or public company, he shall be guilty of a misdemeanor.

7. If any director, manager, public officers or member o£ any body
corporate or
public company shall, with intent to defraud, destroy, alter, mutilate,
or falsify any of
the books, papers, writings, or securities belonging to the body
corporate or public
company of which he is a director or manager, public officer, or member,
or make or

Trustees trandu-
iently disposing
of property gull.
ty of a misda-
ntcanor.

Bankers, &c.,
fraudulently SO.
ling, 3;,c., propor-
Ey entrusted to
their care, guilty

of misdemeanor.

Persons under
powers of attor-
ney. flandnlentl y
selling property
guilty of ntisde
meanm.

Datlees frandu-,
lently converting
property to their
own use guilty
of larceny,

Directors, Se.,
of any boy cor-
porate or public
company fYan-
dntently appro-
priating pro-
perty;

Or keeping
fraudulent
accounts;

Or wilfully de-
stroyIng Books,
-Or publishing
fraudulent
,statements, guil-
ty of misdemean-

Persons recelv
ing proporty
fraudulently
d=d of,
knowing the
same to have
been sn, gpilty
of miademeaar.

Pnnishmont fur
-a misdemeanor
under this Ur-
dlnanco.

X0 person
exempt from
answering ques-
tions in any pro-
ceedings in the

SI

upreme Court;
-evidence not oil.
ntlasible in pro-
secutions under
tiffs Ordinance.

Nn romedv at
Law or In Equity
-shall be affected.

Convictions shall
ant be received
in evidence in
civil snits.

No prosecution
shall be com-
menced without
the sanction of
the Attorney
General.

If offence
amounts to lar-
ceny, person not
to be acquitted
of a n,fsdemean-
or.

OII,DINATNCE No. a of 1860.

Fraudulent Trustees, ,~c.

concur in the making of any false entry, or any material omission in any
book of
account or other document, he shall be guilty of misdemeanor.

$, If any director, manager, or public officer of any body corporate or
public
company shall make, circulate, or publish, or concur in making,
circulating, or publish-
ing, any written statement or account which lie shall know to be false in
any material
particular, with intent to deceive or defraud any member, shareholder, or
creditor of
such body corporate or public company, or with intent to induce any
person to become.
a shareholder or partner therein, or to intrust or advance any money or
property to
such body corporate or public company, or to enter into any security, for
the.beuefit
thereof, he shall be guilty of a misdemeanor.

9. If any person shall receive any chattel, money, or valuable security
which shall
have been so fraudulently disposed of as to render the party disposing
thereof guilty
of a misdemeanor under any of the provisions of this Ordinance, knowing
the same to
have been so fraudulently disposed of, he shall be guilty of a
misdemeanor, and may
be indicted and convicted thereof, whether the party guilty of the
principal misdemeanor
shall or shall not have been previously convicted, or shall or shall not
be amenable to
j ustice.

10. Every person found guilty of a misdemeanor under this Ordinance,
shall be

liable, at the discretion of tile Court, to be kept in penal servitude
for the term of
three years, or to suffer such other punishment, by imprisonment for not
more than
two years with or without hard labour, or by fine, as the Court shall
award.

11. Nothing in this Ordinance contained shall enable or entitle any
person to
refuse to make a full and complete discovery by answer to any bill in
Equity or to
answer any question or interrogatory in any civil proceeding in the
Supreme Court of
Hongkong, and whether in the Common Law, Equitable, Probate, or Insolvency
Jurisdiction thereof; but no answer to any such hill, question, or
interrogatory shall
be admissible in evidence against such person in any proceeding under
this Ordinance.

12. Nothing in this Ordinance contained, nor any proceeding, conviction,
or
judgment to be had or taken thereon against any person under this
Ordinance, shall
prevent, lessen, or impeach any remedy at Law or in Equity which any
party aggrieved
by any offence against this Ordinance might have had if this Ordinance
had not been
passed; but no conviction of any such offender shall be received in
evidence in any
action at Law or suit in Equity against kiln ; and nothing in this
Ordinance contained
shall affect or prejudice guy agreement entered into or security given by
any trustee,
having for its objectthe restoration or repayment of ally trust property
misappropriated.

13. No proceeding or prosecution for any offence included in the first
section, but
not included in any other section of this Ordinance, shall be commenced
without the
sanction of the Attorney General.

14. If upon the trial o£ any person under this Ordinance it shall appear
that the
offence proved amounts to larceny, he shall not by reason thereof be
entitled to be
acquitted of a misdemeanor under this Ordinance.
Ordinance No. 9 of 1860.

Fraudulent Trustees, & c.

15. In every prosecution for any misdemeanor against this Ordinance the
Court
may allow the expenses of the prosecution in all respects as in cases of
felony.

16. Misdemeanors against this Ordinance shall be prosecuted or tried at
the Su-
preme Court only. ,

1'7. The word 'Trustee' shall in this Ordinance mean a trustee on some
express
trust created by some deed, will, or instrument in writing, and shall
also include the heir
and personal representative of any such trustee, and also all executors
and administra-
tors, liquidators under the-Joint Stock Companies Acts of the Imperial
Parliament
.and all assignees in bankruptcy and insolvency:

The word 'Property' shall include every description of real and personal
pro-
perty, goods, raw or other materials, money, debts, and legacies, and all
deeds and
instruments relating to or evidencing the title or right to any property,
or giving a writ's C* rigra.i
to recover or receive any money or goods; and such word 'Property' shall
also denote
and include not only such real and personal property, as may have been
the original
subject of a trust, but also any real or personal property into which the
same may have
been converted or exchanged, and the proceeds thereof respectively, and
anything ac-
quired by such proceeds.

Casts of prose.
critione.

ltisdearieunors
not Lriable at
Petty Sessions.

[Repealed by Ordinance No. 11 of 1866.]
Preamble.
Trustees fraudulently disposing of property guilty of a misdemeanor.
Bankers, &c., fraudulently selling, &c., property intrusted to their care, guilty of misdemeanor.
Perosns under powers of attorney fraudulently selling property guilty of misdemeanor.
Bailees fraudulently converting property to thier own use guilty of larceny.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
Or keepimg fraudulent accounts;
Or wilfully destroying books, &c.;
Or publishing fraudulent statements, guilty of misdemeanor.
Perosns receiving property fraudulently disposed of, knowing the same to have been so, guilty of misdemeanor.
Punishment for a misdemeanor under this Ordinance.
No person exempt from answering questions in any proceedings in the Supreme Court; evidence not admissible in prosecutions under this Ordinance.
No remedy at Law or in Equity shall be affected.
Convictions shall not be received in evidence in civil suits.
No prosecution shall be commenced without the sanction of the Attorney General.
If offence amounts to larceny, person not to be acquitted of a misdemeanor.
473

Costs of prosecutions.
Misdemeanors not triable at Petty Sessions.
Interpretation of certain terms.
[* right.]

Preamble.
Trustees fraudulently disposing of property guilty of a misdemeanor.
Bankers, &c., fraudulently selling, &c., property intrusted to their care, guilty of misdemeanor.
Perosns under powers of attorney fraudulently selling property guilty of misdemeanor.
Bailees fraudulently converting property to thier own use guilty of larceny.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
Or keepimg fraudulent accounts;
Or wilfully destroying books, &c.;
Or publishing fraudulent statements, guilty of misdemeanor.
Perosns receiving property fraudulently disposed of, knowing the same to have been so, guilty of misdemeanor.
Punishment for a misdemeanor under this Ordinance.
No person exempt from answering questions in any proceedings in the Supreme Court; evidence not admissible in prosecutions under this Ordinance.
No remedy at Law or in Equity shall be affected.
Convictions shall not be received in evidence in civil suits.
No prosecution shall be commenced without the sanction of the Attorney General.
If offence amounts to larceny, person not to be acquitted of a misdemeanor.
473

Costs of prosecutions.
Misdemeanors not triable at Petty Sessions.
Interpretation of certain terms.
[* right.]

https://oelawhk.lib.hku.hk/items/show/149

PROBATE AND ADMINISTRATION ORDINANCE

ORvINA 11 CE No. 8 of 1860.

Probate and Administration.

No. 8 of 1860.
t&e ordy. .fin Ordinance to amend the Law in relation to the Grant and
Nn. 9 u/' 1870,

and ll'o. TO 0f
T BSG.]

Preamble.

Revocation of Probates of Wills and Letters of Administra-

tion in Honghong.

[30th April, 180.]

WHEREAS it is expedient to amend the law in relation to the grant -
and revocation of probates of wills and letters of adrninistra.tion
within the Colony .of Hongkong: : Be it therefore enacted and ordained by-
I3is Excellency the Governor of Hongkong, with the advice of the Lenis,-
lative Council thereof, as follows :-

itcpeal of 1. Sections 16 to 22 both inclusive of Ordinance No. G of 1845
shall
certain
sections of be and the same are hereby repealed.
No. 6 of 1845.

Interpre-
tntion of
terms,

2, hl the construction of this Ordinance unless the context he in-
consistent with the meaning hereby assigned.

'Till 'shall comprehend ''festahcnt' and all other testa--
rnentary instruments of which probate may now be or might at.
any tune heretofore have been granted.

'Administration' shall comprehend all letters of adminis-
tration of the effects of deceased persons, whether with or with-
out the will annexed, and -whether granted for general, special,
or limited purposes.

' Matters;'and Causes 'testamentary ' shall comprehend rill
matters and causes relating to tire grant and revocation of probate.
of wills or of administration.

'Common Form Business' shall mean the business of-
- obtaining probate and administration where there is no contention'
as to the right thereto, includinn the passing of probates and'
administrations through the Court of Probate in contentious.
cases when the content is terminated, and all business of a non--
contentious nature to be taken in the Court in hatters of testacy
and intestacy, not being proceedings in guy suit, and also the
business of lodging caveats against the grant of probate or ad-
ministration.
Testamentary 3, The voluntary and contentious jurisdiction and authority
in rela-
jnri9diction
to be eber- Lion to the Granting or revoking probate of wills and letters
of adtninis-...
°is`a by the tration of the effects of deceased persons, together with
full authority to,
OHDINAi\CE No. 8 0F' 1860.

Poobate and Adn:inistrat£o9a.

'hear and determine all questions relating to matters and causes testamen-
Supreme
Mary, shall belonto and be vested in and be exercised in the name of
court.
Her Majesty by the Supreme Court of Honblconb which shall for the
purposes of this Ordinance be deemed a Court of Probate and shall be a
Court of Record; and shall have the same powers, and its grants and
orders -
shall have the same effect, in Hongkong- and in relation to the personal
.estate in Honakong of deceased persons, as the Supreme Court and its
grants and orders respectively now have or hitherto have had in relation
to matters and causes testamentary and effects of deceased persons within
the jurisdiction of the said Supreme Court; and all duties which are or
have been imposed on or should be performed by the Supreme Court, in
respect of probates, administrations, or matters or causes testamentary
shall be performed by the said Court under the Probate Jurisdiction hereby
created : Provided that no suits for legacies, or suits for the
distribution
of residues, shall be entertained by the said Court in its Probate
Jurisdic-
tion.

4. 1\0 officer or clerk of the said Supreme Court in its Probate Juris-
wo -rnmr
undor this
-diction shall during the tune of his holdin0 such office directly or
indirectly o~ainarme to
flQt as
practise as an advocate, barrister, proctor, solicitor, or attorney, or
receive WvQOate, &e.
or participate in the fees of any other person so practising.

~. The Judge shall cause a seal to be made for the said Court in its aeai
of court.
to be
Probate Jurisdiction and may cause the same from tune to time to be
provided.
broken, altered, and renewed at his discretion ; and all probates,
letters of
administration, orders and other instruments, and exemplifications and
copies thereof, respectively, purporting to be sealed with such seal
shall be
received in evidence without further proof thereof. ' '

6. The said Court may require the attendance of any party in person,
rower to

-or of any person whom it may think fit to examine or cause to be exa-
examine

mined in guy suit or other proceedings in respect of matters or causes
testamentary, and may examine or cause to be examined upon oath,
declaration or afflrmation,'as the case may require parties and witnesses
by
word of mouth and may, either before or after or with or without such
examination cause them or any of them to be examined on interrogatories,
or receive their or any of their affidavits, declarations or solemn
affirma-
tions, as the case play be: And the Court may by writ require such
.attendance, and order to be produced before itself or otherwise any
deeds,.
evidences, or writings., in the same form, as nearly as may be as that inE

Witnesses.

As to jooduo=
tion of deeds;
&o.
ORDINANCE ''.No., 8 0>. 1860.

Probate and Administration.-

which a writ of subpct?na ad testifieandum or of subpcrna daces tecum, is.
now issued by the said Court in its Common Law Jurisdiction, and every,
person disobeying any such writ shall be considered as in contempt of the~
Court and also be liable to forfeit a sum not exceeding one hundred
pounds.

Power to en- 7, The said Court shall have the like powers, jurisdiction,
and.
force orders, -

authority for enforcing the attendance of persons required by it as afore=
said, and for punishing persons failing-, neglecting, or refusing to
produce,
deeds, evidences, or writings, or refusing to appear or to be sworn or
make
affirmation or declaration or to give evidence, or guilty of contempt; and
generally for enforcing all orders, decrees, and j udgments made or given.
by the Court under this Ordinance and otherwise in relation to the mat--
tern to be inquired into and done by or under the orders of the Court.
under this Ordinance as are by law vested in the said Supreme Court for'
such purposes in relation to any suit or matter depending in the said
Court
in its Equitable or Common Law Jurisdiction.

Order to
1) roduce an'y
instrument purporting to
be teknmen-
twry.

$. The said Cou rt may, on motion or petition, or otherwise, in CIL
suznxnary way whet-laer any suit or other proceeding shall or shall not be

pending in the Court with respect to any probate or administration,
-order--
any person to produce and bring into the Registry or otherwise as the
Court
may direct, any paper or writing being or purporting to be testamentary,,
which may be shown to be in the possession or under the control o£ such
person: And if it be not shown that any such paper or writing is in the
possession or under the control of such person, but it shall appear that
there are reasonable grounds for believing that lie has the knowledge of
any such paper or writing, the Court may direct such person to attend
for the purpose of being examined in open Court, or upon interrogatories.
respecting the same, and such person shall be bound to answer such
questions or interrogatories, and, if .so ordered, to produce and bring
in;
such paper or writing, and shall be subject to the like process of
co`xitempt
in case of default in not attending or in not answering such questions or;
interrogatories, or not bringing in such paper or writing, as he Would
have been subject to in case he had been a party to a suit in the Court
aud,had made such default; and the costs of any such motion, petition; or
other proceeding shall be in the discretion of the Court.

Registrar, &c. 9. The Registrar and any other persons whom the Judge
shall,.und!Eer.

t .o have power

to administer the seal of the Court, from ,time to, time appoint shall
respectively..hav,Et

oat.n.., full power to administer oaths and declarations and perform: such
other,
ORDINANCE No. 8 of 1$G0.

Probate and Administration.

duties in reference to matters and causes testamentary as may be assigned
to them from time to time by guy rules and orders under this Ordinance,
and tire Commissioners for taking oaths in the said Court in its Common
con,tnt-
T.aw and Equitable Jurisdiction shall be Commissioners for taking oaths
sl°n°rg.
and declarations in the said Court in its Probate Jurisdiction.

10. In cases where it is necessary, to obtain affidavits, declarations,
or affirmations
to be used in the said Court in its Probate Jurisdiction from persons
residiuo in foreign
parts the same may be sworn, declared, or aflirine<1 before the persons
empowered to
administer oaths under the Act of the 6th Goo. IV, c. 87 or under the Act
of the 18th
and 19th 'Pict. c. 42: Provided that i n places where there are no such
persons as are
mentioned in the said Acts, such affidavits, declarations, or
affirmations may be made,
declared, and affirmed before any foreign local Magistrate or other
person having
authority to administer an oath. [Repealed by Ordinance No. X of 1861 and
new sections
substituted.]

Il. Affidavits, declarations, and affirmations to be used in the said
Court in its
Probate Jurisdiction may be sworn, trade, and taken in any place out of
the Colony of
Hongkong under the Dominion of Her Majesty before any Court, Judge,
Notary Public,
or person lawfully authorized to administer oaths in such place: And all
officers of
the said Court shall take judicial notice of the seal or signature, as
the case may be, of
any such Court, Judge, Notary Public, or person which shall be attached,
suspended,
or subscribed to any such affidavit, declaration, or affirmation or to
any other docu-
ment. [Repealed by Ordinance No. 1 of 1861 and new section substituted.]

12. If any person forge the signature of any Registrar or Ccilnlnis-
sinner for taking oaths or forge or counterfeit any seal of the said
Court in
its Probate Jurisdiction or forge or counterfeit any such seal or
signature
as in the last preceding section is mentioned or any seal or signature im-
pressed, affixed, or subscribed under the provisions of the said Act of
the
6th Geo. IV. cap. $7 or the 18th and 19th' Viet. cap. 42 to any affidavit,
declaration, or affirmation to be used in the said Court in its Probate
Ju-
risdiction or willingly use or concur in using any such forged or counter-
feit signature or seal or tender in evidence any document. as aforesaid
with a false or counterfeit signature or seal knowinn the same signature
or seal to be false or counterfeit, every such person shall be guilty of
felony,
and shall upon conviction be liable to penal servitude for the term of his
life or any term not less than seven years or to imprisonment for any term
not exceeding three years with or without hard labour: And whenever
any such document has been admitted in evidence by virtue of this Act,
the Court or the person who has admitted the same may at the request
-of any party against whom the same is so admitted in evidence, direct

Affidavits, &c.
before whom t(-
be made when
persons making
thorn reside in
foreign ports.

AtHdnvit9madoitt
1Sritish domi-
71i0119 t7CfU1'C
whom to Lo
morn.

Penalty Oil
forging or
count©rf°i t-
ing seals or
signature.
X89.

ORDII`TANC)J NO. 8 of 1860.

Probate and Administration.

that the same shall be impounded and be kept in the custody of some
officer of the Court or other proper person for such period and subject to
such conditions as to the said Court or person shall seem meet; and every
person charged with committing any felony under this Act may be dealt,
with, indicted, tried, and, if convicted, sentenced, and his offence may
be
laid and charged to have been committed, and every accessory before or
after the fact to any such offence may be dealt with, indicted, tried-,
and,
if convicted, sentenced, and his offence laid and charged to have been
committed in the said Colony of Hongkong.

Practice of 13. The practice of the said Court in its Probate Jurisdiction
shall,
the Court.
except where otherwise provided by this Ordinance or by the rules or
orders to be from time to time made under this Ordinance be so far as the
circumstances of the case will admit, according to the practice heretofore
prevailing in the said Court in its Ecclesiastical Jurisdiction.
Mode of 14. Subject to the regulations established or to be established by
taking
-evidence in such rules and orders as aforesaid, the witnesses and where
necessary the
contentious
matters. parties, in all contentious matters where their attendance can be
had, shall
be examined orally by or before the Judge in open Court: Provided
always, that, subject to any such regulations as aforesaid the parties
shall
be at liberty to verify their respective cases, in whole or in part, by
afft=
davit, but so that the deponent in every such affidavit shall, on the
appli-
cation of the opposite party be subject to be cross-examined by or on
behalf of such opposite party orally in open Court as aforesaid, and after
such cross-examination may be re-examined orally in open Court as afore-
said by or on behalf of the party by whom such affidavit was filed.
,Court may 15. Provided, that when a witness in any such matter is out of
the
issue coin-
missions or jurisdiction of.the Court, or when by reason of his illness
or~otherwise,
dive orders
for 6gamina- the Court shall not think fit to enforce the attendance of
the witness in
tion of
witnesses open Court, it shall be lawful for the Court to order a
commission to issue
abroad or who
arc unable to for the examination of such witness upon interrogatories or
otherwise, Or'
attend. if the witness be within the j urisdiction of the Court, to order
the ex amina;-
tion of such witness upon interrogatories or otherwise, before any
officer of
the said Court, or other person to be named in such order for the purpose
hand all the powers given to the Courts of Law at Westminster by the Acts
13th Goo.
III. cap. 63, and 1st Will. IV. cap. 22, for enabling the Courts of Law
at Westminster
to issue commissions and give orders for the examination of witnesses in
actions depepd-
inb in such Courts, and to enforce such examination and all the
provisions of the said
Acts, and of any other Acts for enforcing or otherwise applicable to such
examination
ORDINANCE No: 8 OF. 1860.

Probate and Administration.

and the witnesses examined, shall extend and be applicable to the said
Court in its
Probate Jurisdiction and to the examination of witnesses under the
commissions and
orders of the said Court, and to the witnesses examined, as if such Court
were one of
the Courts of Law at Westminster, and the matter before it were au action
pending in
such Courts. Repealed by Ordinance No. 1 of 1561.]

16. The rules of evidence observed in the Supreme Court in its Miles of
eYidencc to b e
Common Law Jurisdiction shall be applicable to and observed in the trial
observed a5 ;Lt
of all questions of fact in the said Court in its Probate Jurisdiction.
common law.

17. It shall be lawful for the said Court to cause any question of
fact arising in any suit or proceeding cinder this Ordinance to be tried
by
a special or common jury upon the application of any party or parties to
the proceeding made in that behalf'.

18. NVhen the Court shall order a question of fact to be tried by a
jury, the Court may make all such rules and orders upon the sheriff or
any other person for procuring the attendance of a special or common jury
for the trial of such question as may now be made by the Supreme Court
in its Common Law Jurisdiction, and inay also make any other orders
which to such Court may seem requisite: And every such jury shall be
struck, summoned, ballotted for, and called in ail<e manner as if' such
jury
,vere a jury for the trial of any cause in the said Supreme Court in its
Common Law Jurisdiction ; and every juryman so summoned shall be
entitled to the same rights, and subject to the wine duties and
liabilities,
as if lie had been duly summoned for the trial of any such cause in the
said Supreme Court and every party to any such proceeding shall be en-
titled to the same rights as to challen(re and otherwise as if he were a
party to any such cause: And generally for the purposes of or auxiliary
to the trial of questions of fact by a jury before the Court itself, and
in
respect of new trials thereof, and also for the purposes in relation to or
consequential upon the direction of issues, the said Court in its Probate
Jurisdiction shall have the same jurisdiction, powers, and authority in
all
respects as belong to the said Supreme Court in its Common Law or
Equitable Jurisdiction for the like purposes.

19. When any such question shall be so ordered to be tried by a Question
to '
jury before the Court itself, such question shall be reduced into Writing
,be stated ana
a the jury
in such form as the Court shall direct, and at the trial the jury shall
be ''n to try
impanelled to try the said question, and a true, verdict to-give, thereon:

Court may
cause CjnCS-
tions of fact.
to be tried. by
a jury.

Powers o£ the
Court for the
trial of ques-
boas by jury.
'The Judge
may sit in
chambers.

Powers of.
.Judge when
pitting in
chambers.

Judge to

pause calen-
dars to be
made from
time to time.

Iteaistrar to
transmit oc-
pies to cer-
tain offices.

ORDINANCE No. b of 1860.

Probate and Administration.

according to the evidence and upon every such trial the Court shall have
the same powers, ,jurisdiction, and authority as belong to the said Judge
of the said Supreme Court sitting at nisi prius.

20. It shall be lawful for the Judge of the said Court for the time
being to sit in Chambers for the dispatch of such business of the laic!
Court under this Ordinance as can, ire the opinion of the said Judge with
advantage to the suitors, be heard in Chambers: And the times at which
such sittings shall be held shall from time to time be fixed by the
Judge. Provided always that no question shall be heard in Chambers
which either party shall require to be heard in open Court.

21. The Judge of the said Court when so sitting in Chambers shall
have and exercise the same power and jurisdiction in respect of the busi-
ness to be brought before him as if. sitting in open Court.

22. Caveats against the grant of probates or administration may be
lodged in the Registry of the avid Court in its Probate Jurisdiction and
(subject to any rules or orders under this Ordinance) the practice and
procedure under such caveats in the Court of Probate shall as near as may
be, correspond with the practice and procedure under caveats heretofore
in use in the said Supreme Court in its Ecclesiastical Jurisdiction.

23. The Judge shall cause to be made from time to time in the Tis3-
gistry of the said Court in its Probate Jurisdiction, calendars of the
grants
of probate and administration therein for such periods as the Judge may
think fit, each such calendar to contain a note of every probate or admi-
nistration with the will annexed granted within the period therein speci-
fied, and also a note of every other administration granted within the
same
period, such respective notes setting forth the dates of such grants, the
names of the testators and intestates; the place and tune of death, the.
names and descriptions of the executors and administrators, and the value
of the effects as set forth in any commission of appraisement and the ca-
lendars to be so made shall be printed as the same are from time to time
completed.

2$, The Registrar shall cause a copy of every calendar to be trans-
mitted through the post to the Principal Registry of Her Majesty's Court
of Probate in England,- to the Principal Registry of Her Majesty's Court
of Probate in Ireland; to the office of the- Commissary of the County. of
Midlothian in Edinburgh, and such other offices if any as the said Judge:
shall from timL to, time by rule or order direct.
ORDINANCE No. 8 or 1860.

Probate and Adniinastration.

26. An official copy of the whole or any part of a kill, or an official
-certificate of the grant of any letters of administration, may be
obtained
from the Registry on the payment of such fees as shall be fired for the
same by the rules and orders under this Ordinance.

26. Pending any suit touching the validity of the will of any de-
ceased person, or for obtaining, recalling, or revoking any probate or any
.grant of administration, the Court may appoint an administrator of the
personal estate of such deceased person : And tie administrator so ap-
pointed shall have all the rights and powers of a general administrator,
.,other than the right of distributing the residue of such personal estate

And every such administrator shall be subject to the immediate control
-of the Court and act under its direction.

Official copy

o£ Wole or
hart of a will
may be ob-
tamed.

t\dn,irtirtra-

tions pencdcnte
lite.

27. All the provisions contained in this Ordinance respecting grants
namit,intn,-

tion pending
.of administration pending suit shall be deemed to apply to the case of
Snit to apply
appeals to Her Majesty in Council from. any decision of the said Court in
t° appeals..
its Probate Jurisdiction.

.28. It shall and may be lawful for the said Court to allow to any
.-executor or administrator including administrators appointed pendente
-lite as aforesaid such remuneration out of the estate of the deceased as
hall be just and reasonable for their pains and trouble therein : Pro-
vided always, that no allowance whatever shall be made to any executor
-or administrator who shall neglect to pass leis accounts at such time, or
to dispose of any movies, hoods, chattels, or securities with which he
shall lie chargeable in such manner as in pursuance of any rule or order
-of the said Court shall be requisite.

29. Where any. person after the commencement of this Ordinance
renounces prolaate of the will of which he is appointed executor or one of
-the executors, the zits of such person in respect of the executorship
shall wholly cease, and the representation of the testator and the admi-
-nistrator of the effects shall and may, without any farther renunciation,
go, devolve, and be committed in like manner as if such person had not
been appointed executor.

$Q. Where a person has died or shall die wholly intestate as to his
personal estate or leaving a will affecting personal estate but without
'having appointed an executor thereof willing and competent to take pro-
hate; or where the executor shall at the time of the death of such person
be resident out of the Colony of Hongkong, or where it shall appear to the

Ttemunera-
tion allowed.
to executors
and adminis-
trar~g.

Executors
renouncing
prob<Ltc.

power as to
appointment.
of adminis--_.
trator.
An executor

not acting or
not appearing
to a citation
to be treated
as if he had
renounced.

ORDINANCE' No. 8 of 1860.

Probate and Administration.

Court to be necessary or convenient to appoint some person to be the adw
ministrator of the personal estate of the deceased or of any part of
such.,
personal estate, other than the person who if this Ordinance had not been
passed would by law have been entitled to a grant of administration of'
such personal estate, it shall be lawful for the Court, in. its
discretion, to
appoint such person as the Court shall think fit to be such administrator-
upon his giving such security (if any) as the Court shall direct and every
such administration may be limited as the Court shall think fit.

31. Whenever an executor appointed in a will survives the testator
but dies without having taken probate or being cited to take probate
does not appear to such citation the right of such person in respect of
the
executorship shall wholly- cease and the representation to the testator-
and the administration of his effects shall go, devolve, and be committed
in like manner as if such person bad not been appointed executor.

32. The provisions of an Act passed in the twenty-eighth * year of
Isis 1121Ljesty King George the 'third, chapter eighty-seven, shall be ex-
tended to all executors and administrators residing out of the
jurisdiction
of Her Majesty's said Supreme Court of Hongkong whether it be or be
not intended to institute proceedings on the Equity side of the said Su-
preme Court and it shall be lawful to alter the language of the grant
prescribed by the said Statute so as to make it apply to grants made in
the said Supreme Court in its Probate Jurisdiction under this Ordinance:

33. After any grant of administration, no person shall have power -
to sue or prosecute any suit, or otherwise act as executor of the
deceased,
as to the personal estate comprised in or affected by such grant of ad-
ministration, until such administration shall have been recalled or
revoked.

34. Where before the revocation of any temporary administration
any proceedings at Law or in Equity have been commenced in the said
Supreme Court by or against any administrator so.appointed, the Court
in its Probate Jurisdiction may order that a suggestion be made upon
the record of the revocation of -such administration, and of the grant of-
probate or administration which shall have been made consequent there-
upon, and that the proceedings shall be continued in the name of the new
executor of administrator in like manner as if the proceeding had been
originally commences by or against such new executor or administrator'
but.subject to such conditions and variations if any as the Court may
direct.:. '

Provisions of
88 Cieo. TTT.
c: 87 extend-
ed to all cases
of executors
and adminis-
trator resid-
ing out of
jurisdiction.

[* Tleirty-
crgltth.]

offer grant
of acrminis-
tration no
person to
have power
to sue as an
executor.

Revocation of
temporary
grants not to
prejudice ac-
tions or suits.
011DINANCE No. 8' oh' 1860:

Probate and Administration.

35. Where any probate or administration is revoked under this
Ordinance, all payments bond fide made to any executor or administrator
under such probate or administration before the revocation thereof shall
be a legal discharge to the person snaking the same. and tile executor or
administrator who shall have acted under any such revoked probate or
administration may detain and reimburse himself in respect of any pay-
ments made by him which the person to whom probate or adillinistra-
tion, shall be afterwards granted might have lawfully made.

36. All persons making or permitting to be made any payment or
transfer bond fide upon any probate or letters of administration granted
ill
respect of the estate of any deceased person under the authority of this
Ordinance shall be indemnified and protected in so doing, notwithstand-
iltg any defect or circumstanc.- whatsoever affection the validity, of
such
,probate or letters of administration.

37. All non-contentious business pending in the Supreme Court at
the date of this Ordinance shall be deemed to have been commenced
under this Ordinance. And all acts executed under the authority of the
.said Court with reference to such business which would have been valid
if the hereby repealed sections of Ordinance No. G of 1845 were still in
operation shall be valid and all oaths sworn and bonds executed in man-
ner required by the said Court in reference to such business prior to the
date hereof' shall continue to have and be deemed to have had the same
force and effect in law as they would have had if sworn and executed in
pursuance of the provisions of this Ordinance, or of Ordinance No. 5 of
1858.

38. The Judge of the said Court shall have and exercise the same
power of altering and amending grants of probate and letters of admi-
nistration made before the passing of this Ordinance as he has had or
-exercised before the date hereof.

39. From and after the decease of any person dying intestate and
until letters of administration shall be granted in respect of his estate
and effects, the personal estate and effects of such deceased person shall
be vested in the Registrar of the said Supreme Court.

43. Every person other than the Official Administrator to whom
.any grant of administration shall be committed shall give a bond with
~if the Court shall require) one or more surety or sureties conditioned

Payments
underrevoked
probates or
administra-
tions to be
valid.

Persons ntah-
iug payment
upon probate
granted for
estate of de-
ceased person
to be indem-
nified.

Volt-contcn-
tious business
pending Lo-
be deemed
commenced
under this
Ordinance.

Power of
Judge to alter
grants of pro-
bate and let-
ters of admi-
nistration
made prior
to this Ordi-
nance.
1;2tween the
death of the
person de-
ceased and -
the grant,
the 1>roperty-
to vest in the
Registrar. -

Ad ministra-
ton to give
bonds.
Void or void-
reblo grant
of all
and letters
of acMniuic_
tratiori.

Fees to be
taken by
officers of
Court, &c:

ORDINANCE No. 8 of 1860.

Probate and Administration.

for duly collecting, getting in, and administering the personal estate of-
the deceased, which bond shall be in such form as the Judge shall f
tune to tune direct : Provided that it shall not be necessary for the
Superintendent of Police for the time be;nn applying for or obtaining
administration of the estates of policemen dying in the Colony as herein-
after provided for to give any such bond as aforesaid.

Amount or 41. Such bond shall be in a penalty of double the amount under
1'enalty of which the estate and effects of the deceased shall be sworn,
unless the--
Court shall in any case think fit to direct the same to be reduced, in
which case it shall be lawful for the Court so to do, and the Court may
also direct that more bonds than one shall be given so as to limit the
liability of clay surety to such amount as the Court shall think rea-
sonable.

42. All grants of probates and administrations made before the date-
of this Ordinance which may be void or voidable by reason only that the
same were made under Ordinance No. 6 of 184, and all acts or things
done in respect thereof shall be as valid as if the same had been made-
under Ordinance No. 5 of 1858 : Provided that any such grants of pib-
bate or administration shall not be made valid by this Ordinance when:
the same shall before the date hereof have been revoked or determined by
the Supreme Court to have been void; nor shall this Ordinance prejudice-
or affect any proceedings pending at the time of the Passing of this Ordi-
nance in which the validity of any such probate or administration shall
be in question : If the result of such pr oceedino, shall be to
invalidate-
the same, such probate or administration shall not be rendered valid by
this Ordinance and if such proceedings abate of become defective by
reason of the death of any party, any person who but for this Ordinance
would have any right by reason of the invalidity of such probate or, ad-
ministration shall retain such right and may commence proceedings for
enforcing the same within six calendar months after the death. of such
party.

43. The Chief Justice of the Supreme Court with the concurrence
of the Legislative Council shall as soon as conveniently may be after the
passing of this Ordinance fix a table or tables of fees to be taken by th&
officers of the Court in its Probate Jurisdiction and the proctors,
solicitors, and attornies practising therein, in respect of business under
this Ordinance, and of fees to be payable in respect of searches,
inspection,.
ORDINANCE No. 8 of 1860.

Probate and Administration.

and for copies of and extracts from records, wills, and other documents in
the custody or under the control of tile said Court, and the said Chief
Justice
with such concurrence as aforesaid is hereby empowered, from time to
time after this Ordinance shall come into operation, to add to, reduce,
alter, or amend such table or tables of fees, as may seem fit: Provided
that every such table of fees, and every addition, reduction, alteration,
or
amendment to, in, or of the same, shall be published in the Hongkong
Government Gazette, and no other fees than those specified and allowed
in such table of fees shall be demauded or taken by such officers, and
proctors, solicitors and attornies.

44. -Persons employed in the Police Force of this Colony under the
rank of Inspector and dying here whilst so employed shall not be deemed
to be within the meaning of the foregoing sections of this Ordinance ; but
the Superintendent of Police for the time being is hereby constituted the
Official Administrator of their estates and required to get in and
administer the same with the sanction of the Colonial Secretary, and
within one month after the decease of any such person to certify the same
and the amount in value of the estate and effects of such persons by
certificate under his hand to the Registrar of the Supreme Court for
registry in the said Court. And shall also pay over to the Colonial
Treasurer the balance of every such estate after payment of all lawful
claims : Provided that it shall be lawful for the Colonial Secretary upon
the application of the Superintendent of Police at any time to sign an
order upon the Colonial Treasurer for the payment of the whole or any
part of such balance.

45. NV here letters'of administration have been or shall have been
granted by the said Court the Official Administrator shall within one
month after receiving any money belonging to any estate to the amount
of one hundred dollars clear of all just allowances and deductions pay the
same into the bands of the Colonial Treasurer for the time being to the
credit of the said estate, unless the Chief Justice upon a written
statement
of .facts shall report it will be snore expedient for the said estate to
be
otherwise held or disposed of. And such Treasurer shall receive from
the Official Administrator as aforesaid all such sums of money as he
shall tender to him and shall carry the same to the credit of such estates
as the said Official Administrator shall specify giving him at the same
time a receipt for the specific sums so paid in, and whenever the said

a(lrntiii,.
tratiom to
deceased
Police
constables.

Payment of
money into
Ti-ectsary.
ORDINANCE No. 8 0F 1860.

Probate and r9dpzinistration.

Official Administrator shall have occasion to draw any sum of money out
of the bands of such Treasurer he shall apply by petition to the Chief
Justice at chambers for an order for the payment (hereof stating in such
petition the purpose for which such money is required. And such
'.Creasarer shall not pay over any movies which may have been paid into
his hands as aforesaid without such order.

'Official 46. The Official Administrator shall make out and furnish to the
Administra-
tor to make Judge and to the Colonial Secretary half yearly returns
according to the
half yearly form set outin the schedule hereunto annexed of estates vested
in him during
returns. the preceding half year, and he shall from time to tune pay into
the
hands of the Colonial Treasurer for the time beinn the balances rernaininb
in respect of each estate immediately after the same shall have been
closed.

[Section 47 added by Ordinance No. 20 of 1885 relating to the
administration

of the estates of persons who die at, sea in the course of oj'a voyage to
Hongkong.]

SCI3EDULD.

lieturn of estates of Intestates for the Half fear ending 18

NAME OF INTI:S-
TATI:.

hIcnakongr 111e (,;ay of 18

AMOUNT RE-
DI:DUCTIUNS BALANCE ON
crrvEn ON
ACCOUNT of r?orl Dzslsunsu- CLOSING Ac-
T~ arxNTS. COUNT.
TIM ESTATE.

DisrosAL OF
BALANCE.

Offlicial Administrator.

cTZ:.-See also Ordinances 1'0..9 of 1810, :Vos. 1 and 10 of 1886, :1'0.
13 of 1890.
[See Ords. No. 9 of 1870, and No. 10 of 1886.]
Preamble.
Repeal of certain sections of No. 6 1845.
Intrepretation of terms.
Testamentary jurisdiction to be exercised by the Supreme Court.
No. officer under this Ordinance to act as advocate, &c.
Seal of Court to be provided.
Power to examine witnesses.
As to production of deeds, &c.
Power to enforce orders.
Order to produce any instrument purporting to be testamentary.
Registrar, &c. to have power to administer oaths.
Commissioners.
Affidavits, &c. before whom to be made when persons making them reside in foreign parts.
Affidavits made in British dominions before whom to be sworn.
Penalty on forging or counterfeiting seals or signature.
Practice of the Court.
Mode of taking evidence in contentious matters.
Court may issue commissions or give orders for examination of witnesses abroad or who are unable to attend.
Rules of evidence to be observed as at common law.
Court may cause quwstions of fact to be tried by a jury.
Powers of the Court for the trial of questions by jury.
Question to be stated and the jury sworn to try it.
The Judeg may sit in Chambers.
Powers of Judge when sitting in Chambers.
Caveats.
Judge to cause calendars tobe made from time to time.
Registraar to transmit copies to certain offices.
Official copy of whole or part of a will may be obtained.
Administrations pendente lite.
Administration pending suit to apply to appeals.
Remuneration allowed to exeutors and administrators.
Executors renouncin probate.
Power as to appointment of administrator.
An executor not acting or not appearing to a citation to be treated as of he had renounced.
Provisions of 38 Geo. III. c. 87 extended to all cases of executors adn administrator residing out of jurisdiction. [* Tirty-eighth.]
After grant of administration no person to have power to sue as an executor.
Revocation of temporary grants not to prejudice actions or suits.
Payments under revoked probates or administrations to be valid.
Persons making payment upon probate granted for estate of deceased person to be indemnified.
Non-contentions business pending to be deemed commenced under this Ordinance.
Power of Judge to alter grants of probate and letters of administration made prior to this Ordinance.
Between the death of the person deceased and the grant, the property to vest in the Registrar.
Adiministrators to give bonds.
Amount of penalty of bond.
Voild or voidable grants of probates and letters of administration.
Fees to be taken by officers of Court, &c.
Administration to deceased Police constables.
Payment of money into Treasury.
Official Administrator to make half yearly returns.

[See Ords. No. 9 of 1870, and No. 10 of 1886.]
Preamble.
Repeal of certain sections of No. 6 1845.
Intrepretation of terms.
Testamentary jurisdiction to be exercised by the Supreme Court.
No. officer under this Ordinance to act as advocate, &c.
Seal of Court to be provided.
Power to examine witnesses.
As to production of deeds, &c.
Power to enforce orders.
Order to produce any instrument purporting to be testamentary.
Registrar, &c. to have power to administer oaths.
Commissioners.
Affidavits, &c. before whom to be made when persons making them reside in foreign parts.
Affidavits made in British dominions before whom to be sworn.
Penalty on forging or counterfeiting seals or signature.
Practice of the Court.
Mode of taking evidence in contentious matters.
Court may issue commissions or give orders for examination of witnesses abroad or who are unable to attend.
Rules of evidence to be observed as at common law.
Court may cause quwstions of fact to be tried by a jury.
Powers of the Court for the trial of questions by jury.
Question to be stated and the jury sworn to try it.
The Judeg may sit in Chambers.
Powers of Judge when sitting in Chambers.
Caveats.
Judge to cause calendars tobe made from time to time.
Registraar to transmit copies to certain offices.
Official copy of whole or part of a will may be obtained.
Administrations pendente lite.
Administration pending suit to apply to appeals.
Remuneration allowed to exeutors and administrators.
Executors renouncin probate.
Power as to appointment of administrator.
An executor not acting or not appearing to a citation to be treated as of he had renounced.
Provisions of 38 Geo. III. c. 87 extended to all cases of executors adn administrator residing out of jurisdiction. [* Tirty-eighth.]
After grant of administration no person to have power to sue as an executor.
Revocation of temporary grants not to prejudice actions or suits.
Payments under revoked probates or administrations to be valid.
Persons making payment upon probate granted for estate of deceased person to be indemnified.
Non-contentions business pending to be deemed commenced under this Ordinance.
Power of Judge to alter grants of probate and letters of administration made prior to this Ordinance.
Between the death of the person deceased and the grant, the property to vest in the Registrar.
Adiministrators to give bonds.
Amount of penalty of bond.
Voild or voidable grants of probates and letters of administration.
Fees to be taken by officers of Court, &c.
Administration to deceased Police constables.
Payment of money into Treasury.
Official Administrator to make half yearly returns.

https://oelawhk.lib.hku.hk/items/show/148

IMPERIAL URLES, & ETC, OF COURT(EXTENSION) ORDINANCE

ORDINANCE 'No. ~ -OF IMf?:

Imperial Rules, 4'c, of Court--Exlension.

No. 7 of 1860.

.An Ordinance to extend to this Colony certainRules and Orders,
of the Superior Courts at Westminster.

[30th April, 18(>0. ]

3E it enacted and ordained by the Governor of Hongkong, with the
advice o£ the Legislative Council thereof, as follows:-

1. The rules, orders, and regulations of the Superior Courts of West-
Roes, cc. to

he esteuded tr
~ininster, respectively specified in the schedule hereunto annexed, are
t.i,;.~ cmon;

hereby (mutatis ouctandis) extended to this Colony.

SCHEDULE.

Date of the Mule or
Order.

Sulject matter of the
Rule or Order.

Rule of Court, Michael-
mas Term 1855.

'Orders of Court of 30th
November, 1855.

Rule of Court of tli.e
8th May, 1856.

General Orders of
the 12th November,
1856.

The like of the 15th
November, 1856.

General Order of the
2nd February, 1857.

Mule of Court of the
23rd April, 1851.

General Orders of the
18th July, 1857.

Regulation of the 9th
.. .August, 1857.

Writs issued under the
13111 n, f' Lxchange Pvoce..
dzcre .4ct,1855.

Decrees and ,~;rthies.

Service of Pleadings and
Proceedings at I,aw.

Business to be disposed of
at Chambers.

Leases and Sales of set- '
tlcd Estates.

I
Service of Writs and Pro-'
ceedings in Equity.

Notice as to Costs endorsed
on Writs of .`.~,mmons on
Contracts under .£20.

Attachment and Seques-
tration.

Conduct of business at
Chambers.

l:'avterzt ofoperation intended
to be hereb~ given to the
Rule or Order.

The whole of the Ii.ule.

The whole of the Orders 1, 2, and 3.

The whole of the Rule.

The whole of the Orders.

The whole of the Orders.

The whole of the Order.

The whole of the hale.

The whole of Order 1.

The whole of the Regulations, ex-
cept so far as they require pro-
ceedings to be printed.
Rules, &c. to be extended to this Colony.

Rules, &c. to be extended to this Colony.

https://oelawhk.lib.hku.hk/items/show/147

ORDNANCE ESTATES ORDINANCE

454 ORDINANCE No. 6 of 1360.

Ordnance Estates.

No: 6 of 1860.
An Ordinance for transferring to One of Her Majesty's Principal

S-etaries of State the Powers and Estates vested in the

eci
Principal Officers of the Ordnance,
30th April, 1860.]

Preamble. ''(~lHEREAS Her Majesty the (<Zueen hath thought fit to revoke
the

a

Letters Patent of some of the Principal Officers of Her Majesty's

Ordnance, and by other Letters Patent to transfer to one of Her
Majesty's Principal Secretaries of State the administration of the depart-
ment the duties of which were previously executed by the said Principal
Officers of Her 'Aiajesty's Ordnance: And whereas it is expedient that the
several powers and authorities at any= time heretofore given to or vested
in and exercisable by, and the lands, hereditaments, estates and property,
at any tune heretofore purchased, taken, used, occupied, and vested in
the Principal Officers of Her Majesty's Ordnance, and all title, estate,
and
interest therein respectively, should be also transferred from the said
Principal Officers, and vested iii one of Her Majesty's .Principal
Secretaries
of State: lie it therefore enacted and ordained by His Excellency the
Governor of Hongkona, with the advice of the Lebislative Council thereof,'
as follows:-

xowor3, &o., 1, All the powers, authorities, rights, and privileges
whatsoever,
vested which by virtue of any Act or Acts of the Imperial Parliament, or
of the
-Officers of the
Ordnance Colonial Legislature, or of any other law, custom, or usage
whatsoever ,

transferred to

'Her Majegtyv have been or were at any time vested in or exercisable by
the Principal
Secretary for the Officers of Her Majesty's Ordnance, or any ~ of them,
shall from hence-
mvelt°erart- forth continue in full force, and shall be and the same are
hereby declared
to be transferred to and vested in and exercisable by Her Majesty's
Principal Secretary of State for the time being to whom Her Majesty
shall think fit to entrust the Seals of the War Department, and such Iasf-
ruentioned Principal Secretary _ of State shall be entitled to the same
exemption from personal responsibility as the said Principal Officers were

entitled to.

An lands, a.c., Q, All lands, hereditaments, estates, and property
whatsoever which

vested in such

oflicers,vested by virtue of any Act or Acts of the Imperial Parliament,
or of the

i n the said
secretary of Colonial T.eaislature.,' or of any conveyance, surrender,
lease, or other`

.state. assurance, or of any law, custom, or usage whatsoever, before arid
4t-t] t
ORDINANCE 'No. G .oF .1850:

Ordnance Estates.

time of the revocation by Her Majesty hereinbefore mentioned were
vested in the Principal Officers off' the Ordnance, on behalf of Her Ma-
jesty, or which have been at any time before the passing of this Ordi-
nance held, used, or ocenpied, or purchased, vested, or taken, by or in
the
name of or by any person or persons in trust for Her Majesty, for tire
use and service of the said department or for the defence and security of
the realm; and which have not been sold, aliened, or parted with, shall
from henceforth be and the same are hereby declared to be transferred to
and vested in the last-mentioned Principal Secretary of State for tile;
tune

being, on behalf of tier said Majesty; and when and so often as the said,
last-mentioned Principal Secretary of State, and any succeeding Principal
Secretary of State to whom Her ;Majesty shall have intrusted the Seals of
the War Department, shall cease to hold such office, the said several
lands,
hereditaments, estates, and property, and all lands, here ditaments,
estates,
and property which hereafter shall be purchased or otherwise acquired by
any such last-mentioned Principal Secretary of State for the time being,
on behalf of Her said Majesty, shall by virtue of this Ordinance be
absolutely divested out of such Secretary of State so ceasing to hold
such,
office as aforesaid, and shall by virtue of this Ordinance be transferred
to and vested in his successor in the said office, immediately upon his
receiving tire Seals of the said department, absolutely; and the said
lands,
hereditarnents, estates, and property hereby vested and hereafter to be
vested in the said last-mentioned Principal Secretary of State and his
successor shall, as to such of them as were or~shall have been purchased,
or are or shall be held for an estate of inheritance in fee simple, be so
vested in such last-mentioned Principal Secretary of State and his succes-
sors in the same manner as if the fee simple thereof had been originally
conveyed to such Principal Secretary of State as a corporation sole and
his successors; and as to all lands, hereditarnen ts, and property
purchased
or held for any less estate than an estate of inheritance in fee simple,
as if
the same lands, hereditarnents, and property had been originally conveyed,
surrendered, demised, or otherwise assured to such Principal Secretary of
State as a corporation sole, and his successors, for all the existing
estates
or interests therein respectively, and so from time to time.

3. All contracts, covenants,. and- agreements heretofore ma4e or
Contracts,
entered into by any person or persons whomsoever with the said Principal
be ' e by
n~ i
Officers of the Ordnance or an person or arsons on their behalf, as -to 0
Y 1 p ~ trng to the
'Such Sec:re
tvry of fitatc
to be desorib-
~ed in convey-
ances, &o.,
as 11 Her
MnjeAty's
Principal
Secretary of
State for the
War Depart-
ment.'

'CI: No., 6 .OF 160.

Ordnance estates.

public service or concerning any lands, hereditaments, .estates, and
property vested in

to be enforced
by each Se- or agreed to be purchased by the said Principal Officers, or
in anywise
~t t~y of relating to the public service, shall be deemed and taken to
-have been
made or entered into with such Principal Secretary of State as last
aforesaid, and shall be executed and enforced by him in like manner as if
he had originally been party thereto instead of the said Principal
Officers
of the Ordnance; and all proceedings whatsoever which have been or
might or may have been commenced, taken, or done in the names of the
said Principal Officers, nn behalf of Her Majesty, shall and may hereafter
be commenced, continued, taken, and done in the, name of such Principal
Secretary of State as aforesaid, in like manner (in the case of
proceedings
already commenced, taken, or done,) as if he had originally been party
thereto, instead of the said Principal Officers of the: Ordnance.

4. In every contract, conveyance, surrender, lease, or other assurance
of any lands, hereditaments, estates or property, with, unto, or by the

last-mentioned Principal Secretary of State for the time being, and in
every other deed or instrument relating to any lands, l.iereditaments,
estates, or property, or in anywise to the public service, to which the
last-mentioned Principal Secretary of State for the time being shall be
or.
shall be intended to be a party, it shall be sufficient to call or
describe
him by the style or title of 'Her Majesty's Principal Secretary of State
for the War Department,' wvithout naming him; and every such contract,
conveyance, surrender, lease, assurance, deed, or instrument may' be
executed by such last-mentioned Principal Secretary of State, or by any
other of Her Majesty's Principal Secretaries of State for ,the time beinn,
by signing his name thereto, and if the instrument so executed be in the
form of a deed, by setting or afbxing a seal thereto and delivering the
same as his deed; and whenever any contract, conveyance, surrender,
lease, assurance, deed or instrument shall be executed by any other
Principal Secretary of State than the Principal Secretary of State for the
War Department, the Principal Secretary of State so executing the same
shall for that tune and nn that occasion, and for the purposes t>Iereof,
'be
deemed to be the Principal Secretary of State for the War Department.
Preamble.
Powers, &c., vested in the Principal Officers of the Ordnance transferred to Her Majesty's Secretary of State for the War Department.
All lands, &c., vested in such officers, vested in the said Secretary of State.
Contracts &c., made by the Principal Officers relating to the
public service to be enforced by such Secretary of State.
Such Secretary of State to be State to be described in conveyances, &c., as 'Her Majesty's Principa; Secretary of State for the War Department.'

Preamble.
Powers, &c., vested in the Principal Officers of the Ordnance transferred to Her Majesty's Secretary of State for the War Department.
All lands, &c., vested in such officers, vested in the said Secretary of State.
Contracts &c., made by the Principal Officers relating to the
public service to be enforced by such Secretary of State.
Such Secretary of State to be State to be described in conveyances, &c., as 'Her Majesty's Principa; Secretary of State for the War Department.'

https://oelawhk.lib.hku.hk/items/show/146

IMPERIAL ACTS EXTENSION ORDINANCE

Imperial Acts Extension -- Repeal.

No. 5 of 1860.

An Ordinance for repealing Ordinance No. 5 of 1858.

[30th April, 1860.]

WHEREAS it is expedient and necessary to provide by distinct le-

gislative measures for the various objects embraced by Ordinance

No. 5 of 1858; and, in order to establish such legislation on a proper
basis, it is necessary to repeal the said Ordinance: BTit therefore
enacted
and ordained by His Excellency the Governor of Hongkong, with the
advice of the Legislative Council thereof:--

1.; That Ordinance. No. 5 of 188 be, and. the same is henceforth and
hereby repealed.
433

Repeal of Ordinance No. 5 of 1858.

433

Repeal of Ordinance No. 5 of 1858.

https://oelawhk.lib.hku.hk/items/show/145

BANKERS CHEQUES - FALSE PRETENCE ORDINANCE

ORDINANCE No. 4 of 1860.

Bankers Cheques -- False Pretence.

An Ordinance to amend the Law relating to Cheques or. Drafts on Bankers,
and to amend the Law of False Pretences.

[16th April, 1860.]

BE it enacted and ordained by His Excellency the Governor of HongkoDg,
with the
advice of the Legislative Council thereof, as follows:-
1. That so much of Ordinance No. 3 of 1857 as extends to this Colony the
ActRonenlofporttou

of0rdinance To.
19th and 24th Victoria, Cap. 25, entitled 'An Act to amend the Law
relating to oioflt867.
Drafts on Bankers,' is hereby repealed.

Q. If, any person shall obliterate, add to, or alter any crossing upon
any banker's
cheque or draft with intent to defraud, or offer, utter, dispose of, or
put off with intent
to defraud, any cheque or draft on a banker, whereon such fraudulent
obliteration,
addition, or alteration has been made, knowing it to have been so made,
such person
shall be guilty of felony, and being convicted thereof, sball be liable
to penal servitude
for life, or to such other punishment as is provided for those guilty of
forgery of bills
of exchange.
$. If any person shall by any false pretence obtain the signature of any
other
person to any bill of exchange, promissory note, or any valuable
security, with intent

to, cheat or defraud, every such offender shall be gulf, of a
misdemeanour, and being
convicted thereof, shall be liable, at the discretion of the Court, to be
sentenced to
penal servitude for the term of four years, or to suffer such other
punishment by fine or
imprisonment, or by both, as the Court shall award.

[Repealed by Ordinance No. 11 of 186J.]
433

Repeal of portion of Ordinance No. 3 of 1857.
Persons obliterating, &c. crossing with intent to defraud, guilty of felony.
Any person obtaining a signature to a bill of exchange, &c. by false pretences, guilty of misdemeanour.

433

Repeal of portion of Ordinance No. 3 of 1857.
Persons obliterating, &c. crossing with intent to defraud, guilty of felony.
Any person obtaining a signature to a bill of exchange, &c. by false pretences, guilty of misdemeanour.

https://oelawhk.lib.hku.hk/items/show/144

PAWNBROKERS ORDINANCE

and certain
-sectionsof -
No. 14 of 1845.

Pawnbrokers'
licences.

Licences to be
granted by
the Governor
in Council.

ORDINANCE NO. 3 OF 1860.

Pawnbrokerx.

No. 3 of 1860.

An Ordinance for al-nending and consolidating the Law respect I -
ling Pawnbrokers.

[16th April, 1860.]

BE it enacted and ordained by His Excellency the Governor of Hong
kong, withtheadviee of the Legislative Council thereof, asfollows:-

'Repeal of 1. Ordinance No. 11 of 1858 is hereby repealed, and also sectiow
-Ordinance
No. 11 of lsrs,17, 28, 29, and 30, of No. 14 of 1845, so far as the same
concern or relate

to pawnbrokers.

2. No person shall use or exercise the trade or business of a pawn-
broker unless he be then the holder of a pawnbroker's licence.

3. Every such licence shall be granted by and. at tile discretion of
His Excellency in Executive Council, on such conditions, touching fees or
otherwise, as shall be deemed meet; and the same shall endure for one
year only, but may be renewed at the like discretion from year to year.

Pal*nbrokeTg 4. No such pawnbroker shall, during tile continuance of his
said

' to carry on no
other yradocn licence, carry on any other trade or occupation in his
place of business as

-the same pro-
mises. such pawnbroker, except that of pawnbroking, and the sale of pledges
forfeited under the provisions of this Ordinance.

Name and 6, He shall cause to be painted and kept painted in large and
legible
,calling English letters and Chinese characters, over the door of his said
place 4~
to be painted

over place of business, his came at length, and after his name the word '
Pawnbroker.''

business. '
Inspection of ` g, He shall, whensoever thereunto required by the
Superinterlde>t
gAc oods, books, of Police, or any Inspector of 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 goods pledged or deposited with him, and all books and papers
relating to'the same.

Interest on 7, Over and-2bove the principal monies lent upon any goods,
pawned
loans.
or pledged with the lender, he may demand, receive, and take from the
person 'applying to redeem the said goods, before re-delivering the same,
interest for the month, and every fractional part of a month, after such
rate as shall have been agreed upon at the time o£ the making of the said
loan ; which said principal movies and interest shall be taken in full
satin-
faction of all charges for or incident to the loan to which the same
relate:
Yrovicled. Nevertheless, that the first month's interest shall be
deemed.-tQ
ORDINANCE No. 3 -oF ,18-60.

.Pawnbrokers.

-be due on the first day of the first month, and may be deducted from the
amount of loan agreed upon.

8. Before any monies shall be advanced on any such loan as afore- Books
to be
said the lender thereof shall enter or cause to be entered in a book to
be kept by
pawnbrokers.
by him kept for that purpose, and to be called ' The General Book,' a
fair and le;ible statement according to the form in the schedule (A)
hereunto annexed.

9. The lender shall at the time of making any such loan as aforesaid
Ticket to be

givern by.
eliver to the borrower a ticket, containin(y a true and legible
statement pa~nl>roker.
to the
according to the form in the schedule (B) hereunto annexed. borrower.

10. In order to entitle any person to redeem from the lender or his
representatives the goods pledged, the picket must be returned to the
lender
or his representatives by the person applying to redeem the goods, except
.as provided for in section 13 of this Ordinance.

11. On the tender of any such ticket as aforesaid, together with the the
goods to
be given up to
full amount then due for principal and interest, if made within three
months any person,
from the day of the making of the loan, or within the further term
allowed t'.`k~cin the
by section 15, it shall be the duty of the lender or his representatives
to
..deliver up to the person tendering the ticket the goods described
therein.

12. The section next precedin; shall not extend to cases where, at
Exceptional
or previously to such tender, the lender or his representatives shall
have ''es'
had frow the borrower, or the owner of the said goods, notice not to
-deliver the same, or shall have had knowledge or notice that the same
,have been, or are suspected to have been, unlawfully obtained Xrom, or
lost by the owner; nor to tickets as to which the borrowers shall have
taken such proceedings as are provided by tile section next immediately
-.following: in all which cases it shall be the duty of the lenders or
their

representatives to withhold the goods.

13. Upon the application of any person representing himself to be
-the borrower or the owner of the said goods or ticket, 4s the case may
bg,
.and to have lost or been unlawfully deprived of the salrie, it shall be
the
duty of the lender, or his representatives, if the goods be still
unredeemed
--or unsold, forthwith to deliver to such applicant a copy of the entry in
;the General: Book, and the said applicant shall immediately thereupon
;proceed to the Court hereinafter mentioned, and obtain an appointment
there-for -the purpose of verifying by lawful evidence the truth of such
presentation ., _., And if he shall verify the same to the satisfaction
of the

Production of
goods on re-
delivery of
ticket.

Provision for
cases of lost
goods or
ticket.
ORDINANCE No. 3 of 1860.

Pawnbrokers.

Court within seven days then next following, and shall obtain a
certificatQ-
to that effect, endorsed upon the said copy, it shall be the duty of the-
lender or his representatives, upon the copy so endorsed being delivered
by,
tle said applicant, to deliver unto him according to the circumstances of
the case, and as the Court shall order, another ticket or the goods,
either
with or without payment of the principal monies or interest, or both
.prin-
cipal and interest, as the Court shall direct.

14. It shall be the duty of a Stipendiary Magistrate -upon lawful
evidence being given to his satisfaction, that there are probable grounds,
for believing that any goods have been pawned without the privity of
their,
owner, to issue his warrant for searching any place where the goods shall
appear to him to be; and if any of the goods shall upon such search be
discovered, it shall be the duty of the person executing the warrant to,
take them or cause them to be taken into safe keeping to abide the order
of the Court.

15. Subject to the provisions hereinbefore contained, foods pawned
as aforesaid shall from and after the expiration of three months, if the
swme are then still unredeemed, become and be the property of the lender
or his representatives absolutely. Provided nevertheless, that if at the
expiration of three months the borrower shall be desirous of continuing
the loan for a further period not exceeding three months, he .shall be
entitled so to do on paying the interest then due; and an entry to this:
effect. shall be made in the boob and endorsed on the ticket.

16. Every person applying to borrow shall, at the tine of his appli-
cation in that behalf, dive to tile pawnbroker to whom such application is
made true information to enable him to comply with the requirements of
sections 8 and 9 ; And every person applying to redeem hoods, or for a
copy of an entry shall, at the time of his application, dive to the
person t&
whom such application is made a full and true account of himself, his:
name, his place of abode, the name and place of abode of the owner, and
of the circumstances under which his application is made; And no person
shall pawn, or attempt to pawn, the foods of any other person without
being duty authorized or employed in that behalf.

ll. Any pawnbroker to whom any application is made to borrow or
redeem, or for a copy of an entry who shall have reasonable cause to
suspect-
an y unlawful practice on the part. of the applicant in any of the above-'

cases, is hereby required to seize and detain such applicant, and empower-
ed to call in the aid of any other person for that purpose; and every-.

Search war-
rants.

Unredeemed
goods-to
becomo the
proporty of
the pNwn-
riroker.

Applicants
for loans to
give tract
accounts of
themselves,
the goods, Sac.

No unauthor-
ized person
or other than
owner to
pledge any
goods.

Duty to seize
and deliver

into custody
applicants for
loans not giv-
ing true ac-
counts.
ORDINANCE No. 3 or 1860.

Pawnbrokers.

person so seized shall, with all reasonable speed, be delivered into the
custody of a Police constable who is hereby required to convey him before
u. Magistrate.

18. Pawnbrokers and their representatives shall be liable to make
Liabilities of
hatvubrokors.
good all loss or damage accruing to borrowers in the cases following,
that is to say :-
l. Where the goods pawned have been stolen, embezzled, lost,
or otherwise improperly disposed of, before the period for
the redemption thereof shall have elapsed.
2. Where the goods, before the said period has elapsed, shall,
by the default, neglect or misfeasance of the lenders, their
representatives or servants, have been destroyed, damaged
or impaired in value.
In any of the said cases the Court shall allow and award an amount
in satisfaction of such loss or damage from which shall be deducted the
amount of principal and interest then due, in respect of such goods.

19. No pawnbroker shall receive any goods in pawn from any one
under the age of ten years.

'20. It shall not be lawful for any pawnbroker to receive in pawn
any goods having upon them any mark or sign denoting them to be, or
to have been, the property of the Crown, or of any public department.
21. No goods shall be pawned or redeemed before sip. of the clock
in the morning, or after eight of the clock in the night.

22. All ad,tudlcatlpns, and certificates under -this Ordinance, shall
be summarily had and granted by the Court of Petty Sessions,* and
enforced according to the laws for the time being in force, for regulating
the said Court and its practice.

2$. Every person purchasing, receiving, or taking in, any goods
and paying money for, or advancing money upon, the same, to an amount
not exceeding five hundred current dollars, with or under any under=
taking, agreement, or condition, express, implied, or reasonably
inferrible,
from the nature or character of the dealing, or the usage in respect
thereof,
that the said goods in whole or part may be afterward redeemed or re-
purchased upon any terms soever, shall be deemed to be a pawnbroker
-,ri,thin the meaning of this Ordinance.

\o loans to
persons under
ten yca.ivs of -
age.
Property of
the Crown riot'
to be taken in
prawn.

I-lours of bn-
ainess.

Jurisdiction,
of the Court
of Petty
SesFiout3.
[*ed Lolixltrrl
by Ord. Nn. G

qfzsG2.7

I'annbroker
defined.

24. For offences against this Ordinance, there shall be imposed the Fenw,
tug.,
penalties foltowin, that is to say:-
0
0-II,DINAlfCE ho. ~3 of 1860.

Pauinbrohers.

2.

4.

For every offence against sections 2, 4, 5, 6, and sections
8 to 13, both inclusive, a fine not exceeding two hundred
current dollars, toaether with the forfeiture of the offender's.
licence if the Court shall so direct.
For every offence against section 1G, the penalty of impri-
sonment with or without hard labour for a term not exceed-
ing two years.

3. For every offence against section 17, or section 19, a fine not.
exceeding fifty current dollars, together with (if the Court
shall so direct) the forfeiture of the licence.

For every offence against section 20, a fine not exceeding five
hundred current dollars, and forfeiture of the licence, if the
Court shall so direct.

For every offence against section 21, a fine not exceeding
one hundred current dollars.

Tines to be 25, X111 fines received or levied under this Ordinance, shall
be paid paid into
Colonial into the Colonial Treasury to the use of the Crown.
Treasury.
p- fig, Nothing herein c.tained shall affect the right of appeal against

pAaT; jurisdio
tianofthee3u- any adjudication, nor the j>risdiction of the Supreme
Court, nor any o£`

prome. Court,
and laws re-
lating to
crimes, &c.,
not' affected.

tile laws relating to crimes or offences.

SCHEDULE (A.)
FORM OF ENTRY IN 1300K.
The Month of Year of

No. of Day of the Borrower. Place of abode of ~ Description of Amount of Rate
of
Lean. Chinese Month. Borrower. Article. Loan. i Interest.
i

NOM-Numbers of loans to continue through one month, and to commence anew
with each,
succeeding month.

SCHEDULE (I3.)

FUR:1'f OP' PAWN TICKET.

A.B., No.

( yr A.B. & Co., No.

The day of

Pawnbroker.

1\0, of Loan. l Description of Article. Amount of Loan.

Street,

Pczwnbrolurs.

Street),

Month of Year of

Rate of Interest,

Name and Abode of
Borrower.

[So nauclz of the Ordinance as is inconsistent with Ordinance x'4'0. 13
0f,188i`

repealed by Ordinance 110. 13 of 18E%.]
Repeal of Ordinance No. 11 of 1858, and certain sections of No. 14 of 1845.
Pawabrokers' licences.
Licences to be granted by the Governor in Council.
Pawnbrokers to carry on no other trade on the same premises.
Name and calling of pawnbroker to be painted over place of business.
Inspection of goods, books, &c.
Interest on loans.
Books to be kept by pawnbrokers.
Ticket to be given pawnbroker to the borrower.
Production of goods on redelivery of ticket.
The goods to be given up to any person producing the ticket.
Exceptional cases.
Provision for cases of lost goods or ticket.
Search warrants.
Unredeemed goods to become the property of the pawnbroker.
Applications for loans to give true accounts of themselves, the goods, &c.
No unauthorized person or other than owner to pledge any goods.
Duty to seize and deliver into custody applicants for loans not giving true accounts.
Liabilities of pawnbrokers.
No loans to persons under ten years of age.
Property of the Crown not to be taken in pawn.
Hours of business.
Jurisdiction of the Court of Petty Sessions.
[* Abloished by Ord. No. 6 of 1862.]
Pawnbroker defined.
Penalties.
Fines to be paid into Colonial Treasury.
Right of appeal, jurisdiction of the Supreme Court, and laws relating to crimes, &c,. not affected.

Repeal of Ordinance No. 11 of 1858, and certain sections of No. 14 of 1845.
Pawabrokers' licences.
Licences to be granted by the Governor in Council.
Pawnbrokers to carry on no other trade on the same premises.
Name and calling of pawnbroker to be painted over place of business.
Inspection of goods, books, &c.
Interest on loans.
Books to be kept by pawnbrokers.
Ticket to be given pawnbroker to the borrower.
Production of goods on redelivery of ticket.
The goods to be given up to any person producing the ticket.
Exceptional cases.
Provision for cases of lost goods or ticket.
Search warrants.
Unredeemed goods to become the property of the pawnbroker.
Applications for loans to give true accounts of themselves, the goods, &c.
No unauthorized person or other than owner to pledge any goods.
Duty to seize and deliver into custody applicants for loans not giving true accounts.
Liabilities of pawnbrokers.
No loans to persons under ten years of age.
Property of the Crown not to be taken in pawn.
Hours of business.
Jurisdiction of the Court of Petty Sessions.
[* Abloished by Ord. No. 6 of 1862.]
Pawnbroker defined.
Penalties.
Fines to be paid into Colonial Treasury.
Right of appeal, jurisdiction of the Supreme Court, and laws relating to crimes, &c,. not affected.

https://oelawhk.lib.hku.hk/items/show/143

JURORS AND WITNESSES ORDINANCE

Jurors and Witnesses.

No. 2 of 1860.

An Ordinance to amend the Law relating to Jurors and Witnesses.

[3rd March, 1860.]

BE it enacted and ordained 17y His Excellency the Governor of Hongkong,
with the advice of the Legislative Council thereof, as
follows: --
ORDINANCE No. 2 of 1860.

Jurors and yT' atnesses.

1. Every person not being a Christian who may be summoned to
serve as a juror in any case, whether civil or criminal, may, in lieu of
the form of oath now required to be taken, make the following decla-
ration

~~ I (A. B.) do solemnly, sincerely and truly declare, that I will
hearken to the evidence, and a true verdict give, to the
best of my shill and hnowledoge, without fear, favour or
affection.'
2. Every person not being a Christian, who may be summoned or appear to
give
evidence in any proceeding, civil or criminal, inay, in lieu of an oath,
mako the follow-

ing declaration, which shall be duly interpreted to every witness
ignorant of the Eng. ofontb.
lish language:- '
°°I (A. B.) do solemnly, sincerely and truly declare, that the evidence
which
I am about to give shall be the truth, the whole truth, and nothing but
the truth.' [Repealed by Ordinance No. 2 of 1889.]
3. Every person not being a Christian, who shall, make any affidavit,
information, persons not
bring ('.Itristians
deposition or testification, shall, in lieu of an oath, make and
subscribe the following tnnklug affida-
vits, &C., to make,
declaration :- doelaratifm
in lieu of oath.
'I hereby solemnly and sincerely declare, that the contents of this my
[affi-
davit, information, deposition or testification, as the case may be] are
true.' [Repealed by Ordinance 1Vo. 2 of 1889.]

4. Section 5 of Ordinance No. 7 of 1857 shall be and is hereby repealed,
and in
`iteu'thereof be it enacted, that if any person making or subscribing any
solemn de-
8dration hereby provided as a substitute for an oath, shall wilfully,
falsely and cor.
ruptly =declare or subscribe any matter or thing which if the same had
been sworn
would have amounted to wilful and corrupt perjury, every such person so
offending
shall incur the same penalties as by any Law or Ordinance in force within
this Colony
.is, or which may be provided or enacted for the punishment of any person
committing
wilful and corrupt perjury. [Repealed by Ordinance No. 2 of 1889.]

g. Every jury list in force within thp Colony shall contain the surnames
of all .Jury list.
men who shall be qualified and liable to serve on juries, together with
the Christian
or other names by which such persons are usually known, whether such
names shall
have been delivered in writing in accordance with section 2 of Ordinance
No. 3 of
1855, or have been inserted therein by the sheriff or by the Governor and
Legislative
Council. [Repealed by Ordinance No. 11 of 1864.]

6. -So much of section 11 of Ordinance No. 4 of 1851 as provides that the
persons
marked off and designated as special jurors shall be liable to serve both
as special and
common jurors, shall be and is hereby repealed; and be it enacted in lieu
thereof,
that special jurors shall be exempt from serving on any common jury.
[Repealed by
Ordinance No. 11 of 1864.]

Persons not
being Chris-
tians sum-
moned to
serve on juries.
may make
declaration
in lien of
oath.

Witnesses not
being Christians
map molts de.
ebtratton in lien

see. s of No, i
of 1857 repealed.
Persons making
false deelarn-
tlons, &c., to tie
guilty of perjury.

Special jurors
not liable to
serve an any
Cemntell jln`)'.
446
Persons not being Christians summoned to serve on juries may make declaration in lieu of oath.
Witnesses not being Christians may make declaration in lieu of oath.
Persons not being Christains making affidavits, &c., to make declaration in lieu of oath.
Sec. 5 of No. 7 of 1857 repealed.
Persons making false declarations, &c., to be guilty of perjury.
Jury list.
Special jurors not liable to serve on any common jury.

446
Persons not being Christians summoned to serve on juries may make declaration in lieu of oath.
Witnesses not being Christians may make declaration in lieu of oath.
Persons not being Christains making affidavits, &c., to make declaration in lieu of oath.
Sec. 5 of No. 7 of 1857 repealed.
Persons making false declarations, &c., to be guilty of perjury.
Jury list.
Special jurors not liable to serve on any common jury.

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CONDITIONAL PARDONS ORDINANCE

Conditional Pardons.

No. 1 of 1860.

An Ordinance empowering His Excellency the Governor to grant
Conditional Pardons in certain cases.

[3rd March, 1860.]

WHEREAS it is expedient to empower His Excellency the Governor to grant
conditional pardotrs, in accordance with the terms of the Royal Charter
of the
Colony of Hongkong: Be it therefore enacted and ordained by His
Excellency the
Governor of Hongkona, with the advice of the Legislative Council thereof,
as
follows--

1. It shall be lawful for His Excellency the Governor to grant to any
offender
convicted of any crime, a pardon subject to either of tile following
conditions, as the
case may be; that such offender shall quit the Colony of Hongls ong and
not afterwards
be found at large therein; or, that such offender shall, in lieu of the
sentence of death
which may have keen .passed upon or recorded against him, by any Court of
competent
jurisdiction, suffer such term of imprisonment or penal servitude as His
Excellency may
think fit.

2. Should any, offender to whom a pardon has been granted on conditio>,t
of his
quitting the Colony be afterwards found at large therein, contrary to
such condition it
shall be lawful for any Police officer to apprehend such offender and
convoy him before
a Magistrate, who shall make out a warrant, under his hand and seal,' for
the
recommitment of such offender to prison, there to undergo the residue of
h'is original
sentence, as if no pardon bad been ;ranted. [Revealed by Ordinances N68.
7 and 16 of
1870 and by No. 5 of 18f1.j . ' '~

[All repealed by Ordinances Nos. 8 of 1876, & 8 of 1882.]
446

[See Ords. No. 7 of 1870, and No.5 of 1871.
Preamble.
Governor may grant pardons subject to condition of offenders leaving the Colony, &c.
Offenders who have received a conditional pardon if found in the Colony may be committed for the remainder of their original sentence.

446

[See Ords. No. 7 of 1870, and No.5 of 1871.
Preamble.
Governor may grant pardons subject to condition of offenders leaving the Colony, &c.
Offenders who have received a conditional pardon if found in the Colony may be committed for the remainder of their original sentence.

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DEPORTATION OF MENDICANTS ORDINANCE

Deportation of Mendicants.

No. 7 of 1859.

An Ordinance to amend the Provisions of Ordinance No. 8 of 1858, respecting
the Deportation of Mendicants.

[26th December, 1859.]

WHEREAS it is desirable to amend the provisions, in ordinance No. 8 of 1858
y~ ,,contained, respecting the deportation of mendicants from this
Colony, and to
embody. the claw respecting such deportation in one Ordinance : . Be it
enacted and or-
dain'ed by His Excellency the Governor of Hongkong, with the advice of
the Legislative
Council thereof, as follows:-

1. That from and after the passing of this Ordinance, Ordinance No. 1 of
1859,
and also so much of Ordinance No. 8 of 1858 as provides that persons
convicted of
mendicancy in the public streets shall, if His Excellency in Council
shall so decide, be
deported to any place in the Chinese Empire or elsewhere, shall be, and
the same are
hereby, repealed.

2: That.any offender under section 23 of Ordinance No. 8 of 1858 shall,
in addi- oregnaar9,nayhe.
Deported to their
tion to the punishment for each offence provided by the said Ordinance,.
he deported to satire c mntry.
his native country, or, with the consent of such offender, to any other
place, if His Ex-
cellency the Governor shall so decide.

[Repealed by Ordinance No. 9 of 1864.] 445

Preamble.
Repeal of No. 1 of 1859, and of part of No. 8 of 1858.
Offenders may be deported to their native country.

445

Preamble.
Repeal of No. 1 of 1859, and of part of No. 8 of 1858.
Offenders may be deported to their native country.

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CHINESE PASSENGER SHIPS ORDINANCE

Chinese Passenger Ships.

No. 6 of 1859.

An Ordinance for providing Hospital Accommodation on board Chinese
Passenger Ships, and for tire Medical Inspection of the Passengers
and Crews about to proceed to Sea in such Ships.

[26th December, 1859.]

WHEREAS it is desirable to provide for the allocation of f. space o1i
board.
Chinese passenger ships, for the purposes of a hospital or sick bay, and
also
for the medical inspection of the passengers and crews on beard such ships, with a
oRDZNW cE no. s of 1859.

Chinese Passenger Ships.

view to the better securing the health of passengers therein: Be it
enacted and`
ordained, by His Excellency the Governor of Hongkong, with the advice of
the Legis--''
lative Council thereof, as follows:-

anU properly
fitted up.

Hospital noaom- 1. In every Chinese passenger ship there shall be a
sufficient space properly
moUntlon to be
prwlaetl divided off to the satisfaction of the Emi'ration Officer at the
port of clearance, to be
used exclusively as a hospital or sick bay for the passengers; this space
shall be either -
under the poop, or in the round-house, or in any deck-house which shall
be properly
built and secured to the satisfaction of such Emigration Officer, or on
the upper'pas--
senger deck, and not elsewhere, and shall in no case be of less
dimensions than eigh-
teen clear superficial feet for every fifty passengers which the ship
shall carry. Such

hospitals shall be fitted with bed places, and supplied with proper beds,
bedding, and
utensils, to the satisfaction of the Emigration Officer at the port of
clearance, -and.
shall throughout the voyage be kept so fitted and supplied.

al>aCO for he,.
pit., to be Incht-
tleft in meuautv-
ment of capa.
city for pueacn-
aera.

1'neaaugere and
crow to ho exu-
mlnoU before
culling, by some
meAlenl practt-
tlonor.

Certiflcnte not
to be granted
unless the pro.
vInna hereof
nhull have been
ConrplieV with.

2. In the measurement of the passenger decks, for the purpose of
determining:
the number of passengers to be carried in any Chinese passenger ship, the
space for
the hospital shall be included.

3, No Chinese passenger ship shall clear out or proceed to sea on any
voyage of-
more than seven days' duration, until some medical practitioner shall
have certified to.
tlio Emigration Officer, and the said Emigration Officer shall be
satis,d, that none of-
the

, passengers or crew appear, by reason of any bodily or mental disease;'.
unfit, to-
proceed or likely to endanger the health or safety of other persons about
to proceed
in such vessel; and a medical inspection of the passengers for the
purposes;:944 iving~
such certificate shall take place either on board the vessel, or, at the
diacr4,QV-0i` the
said Emigration Officer, at such convenient place on shore, before
embaAAtipn.;,,as he-
may appoint; and the master, owner, or cliarterer of the ship, shall pay
to 13u'obi, medi-
cal practitioner a sum at the rate of twenty-five current dollars, for e4
y~0.hunclred
persons so examined: Provided, that in case the Emigration Officer on any
particular
occasion shall be unable to obtain such certificate as aforesaid, or the
attendance of.a
medical practitioner within a reasonable time, or without payment of au
inspection
foe at a higher rate than chat hereby ordained, then it shall be lawful
for the said
Emigration Officer to dispense with such medical inspection as aforesaid,
and to sa-
tisfy himself by his own personal examination, (for which he shall
receive the fee
hereinbefore ordained to be paid,) of the fit sanitary state of the crew
and passengers:
Provided also, that all foes received under this section by the
Emigration Officer, or
Colonial Surgeon of Hongkong, shall be, within three days after the
receipt thereof,
paid over by the officer receiving tbom into the Treaaury,.to the use of
the Crown.

4. No Emigration Officer shall give the certificate required by the
'Chiilese Pas-.
sengera' Act, 185,' in respect of any Chinese passenger ship, unless he
be satisfied as,
aforesaid with the hospital accommodation in such ship provided, and with
the san

-

state of the crew and q5`assengers thereto belonging.
No. 6 of 1859.

Chinese Passenger Ships.

5. Thin Ordinance shall not come into operation until Her Majesty's
confirmation Saipanding

claus0.
thereof shall have been proclaimed in this Colony by His Excellency tile
Governor.

g, In the interpretation of this Ordinance the term 'Chinese Passenger
Ship' rntvrprotvti<n

clause,
shall have the same meaning as is attached thereto under the pct of the
Imperial
Parliament passed in the eighteenth and nineteeth pears of the reign of
Her present
Majesty, known as the 'Chinese Passengers' Act, 1855.'

7. This Ordinance may be cited for any purpose whatever under the name u£
the short title (it'
Ordinance.
'Chinese Passengers' Health Ordinance.'

[Confirmation Proclaimed 21st May, 1860. Repealed by Ordinance No. 5 of 1874.]
443

Preamble.
Hospital accommodation to be provided.
and property fitted up.
Space for hospital to be inlcuded in measurement of capacity for passengers.
Passengers and crew to be examined before sailing, by some medical practitioner.
Certificate not to be granted unless the provisions hereof shall have been complied with.
445

Suspending clause.
Interpretation clause.
Short title of Ordinance.

443

Preamble.
Hospital accommodation to be provided.
and property fitted up.
Space for hospital to be inlcuded in measurement of capacity for passengers.
Passengers and crew to be examined before sailing, by some medical practitioner.
Certificate not to be granted unless the provisions hereof shall have been complied with.
445

Suspending clause.
Interpretation clause.
Short title of Ordinance.

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APPROPRIATION (TO DEFRAY THE CHARGES OF THE YEAR 1859) ORDINANCE

Ordinance No. 5 of 1859.

Appropriation.

No. 5 of 1859.

An Ordinance to authorize the appropriation of a Supplementary Suin
not ezceedinn hour Thousand Pounds, to defray the charges of the
Year 1859.
[26th December, 1859.]
WITEREAS it has become uecessaq to make further provision for the public
service
of the Colony for the year 1859, in addition to the charge upon the
revenue for
the service of the said year already provided for in the Estimates
submitted to the Legis-
lative Comlcil : , Be it enacted and ordained by His Excellency the
Governor of Ilon g-
kong, with the advice of the Legislative Council thereof, as follows:-

1. A sitnl not exceeding four thotisatld pounds shall be, and the same is
hcrehy, siippl<mentury
1ati~nntey 1FB.p,
charged upon the revenue of this Colony for the service of the year 1859,
and the said
sum so charged shall be expended as hereinafter spocifiod, tholt is to
aay:-

.£ s. rl.
792 6 10
2'74 6 3
12 6 9
404 12 3
1,568 4 4

PENSIONS, RETIRED ALLOWANCES, AND GRATUITIES, ... 262 3 10

........................................... 506 13 g.

148 17

443

Preamble.

,CIVIL ESTABLISHMENTS :-
The Governor, .................................................

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

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

MEDICAL ESTAI1LISfI1IENT, .

POLICE, :A ,

TRANSPORT, ,

-SPECIAL EXPENSES,

[Repealed by Ordinance No. 4 of 1887.] 443

Preamble.
Supplementary Estimates, 1859.

443

Preamble.
Supplementary Estimates, 1859.

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APPROPRIATION (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1860) ORDINANCE

442

ORDINANCE No. 4 of 1859.

Appropriation.

No. 4 of 189.

An Ordinance to apply a Sum not exceeding Ninety Thousand Pounds.
to the Public Service of the Year ISGO.

21st November', 1859.].

PreambleI-IEItEAS the expenditure required for the service of this Colony
for the year 1860,

has been estimated at the sum of eighty-nine thousand six hundred and
twezzty

five pounds, eighteen shillings, and eight pence, : Be it enacted and
ordained by His
Excellency the Governor of I-longlcong, with the advice of the
Legislative. Council
. thereof, as follows :-

>rstut at:s, zsao. A sum not exceeding ninety thousand pounds shall he and
the same is hereby charged
upon the revenue of this Colony for the service of the year 1860, and the
said sum s~
charged shall be expended as hereinafter specified, that is to say:-

CIVIL ESTAI3LISI3MENTS:-

Colonial Secretary, ,
Colonial Treasurer, . ,

Auditor Geuoral,
.............................................................

Surveyor Goneral, ,

Clerk of Councils, , ,

Harbour Master and Emigration Officer, .................................
Police Rate Collector
..........................................................

JUDICIAL ES1'ABLISI3Mh:NT, . .........

ECCLESIASTICAL ESTABLISHMENT, ..............................

CHARITABLE ALLOWANCES, ' ,

EDUCATIONAL ESTABLISHMENT . ....................................
MEDICAL 'I;STABLISI3MENT, ...........................................
CHIEF MAGISTRATE, ......................................................

PENSION'S, RETIRED ALLOWANCES AND GRATUITIES,...

MI

ISCELLANEOUS SERVICES, .............................................

3,300

3,00
1,'785
1,530
2,570
205
1,994
2,002
672
6,58
800
00
1,042
3,362
3;320
12,990
3,305
150
50

WORKS AND BUILDINGS, , 22,550

ROADS, STREETS, AND BRIDGES, 1'1,500

SPECIAL EXPENSES, &c.,. ................. 300

Repealed by Ordinance 11'0. 4 of 188 f.1

s. d-
0 U-
0 0
0 01
0 0~
0 0..

10 ~ (~
10 U
1.U U

0 0
li 0
0 U
10 U~
11 8
0 U
10
0 U
0 0
0. 0~
0 U

0' a
o. a~

I;89,62518 ; 8
Preamble.
Estimates, 1860.

Preamble.
Estimates, 1860.

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SUPREME COURT -- PRACTITIONERS IN LAW ORDINANCE

Supreme Court -- Practitioners in Law.

No. 3 of1859.

An Ordinance to amend Ordinances No. 3 and No. 12 of 1858.

[18th May, 1859.]

WHEREAS it is desirable to amend Ordinances No. 3 of 1858, and No. 12 of 1858
respectively: Be it emacted and ordained by His Excellency the Acting
Governor of the Legislative Council thereof, as follows:--

1. Nothing in Ordinance No. 12 of 1858 shall operate to extend the list of persons
authorized by Ordinance No. 6 of 1845 to be admitted to practise in the Supreme Court
of Hongkong, in any capacity.

2. Section 8 of Ordinance No. 3 of 1858 is hereby amended, by substituting for
the word 'August,' the word 'September,' and for the word ' October ' the word
November.'

[Repealed by Ordinance No. 11 of 1866, and by Ordinance No. 4 of 1887.]
441

Preamble.
Qualification for practitioners in law.
Period of Court vacation changed.

441

Preamble.
Qualification for practitioners in law.
Period of Court vacation changed.

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PENAL SERVITUDE ORDINANCE

Penal Servitude.

No. 2 of 1859.

An Ordinance to amend Ordinance No. 10 of 1858.

[20th January, 1859.]

WHEREAS it is desirable to amend Ordinance No. 10 of 1858: Be it enacted and
ordained by His Excellency the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :--

1. That the fourth section of Ordinance No. 10 of 1858 be, and the same is hereby
repealed.

[Repealed by Ordinance No. 4 of 1887.]
441

Preamble.
Section 4 of Ordinance No. 10 of 1858 repealed.

441

Preamble.
Section 4 of Ordinance No. 10 of 1858 repealed.

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REGULATION OF CHINESE (AMENDMENT) ORDINANCE

Regulation of Chinese -- Amendment.

No. 1 of 1859.

An Ordinance to amend Ordinance No. 8 of 1858.

[20th January, 1859.]

WHEREAS it is desirable to put some limit on the selection of the
localities to Preamble.
WHEREAS persons may be deported from this Colony under the provision of
Ordi-
nance No. 8 of 1858: Be it enacted and ordained by His Excellency the
Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. That no person who shallbe deported by His Excellency the Governor in
Council, unilt teio,enls-
ties to be selrcted
under the twenty-eighth section of Ordinance No. 8 of 1858, shall be
deported to tiny for aeuortatioll
under Ordinance
place other than the native country of such person, without such person's free will and
consent.

[Repealed by Ordinance Rio. 7 of 1859.]
441

Preamble.
Limit to localities to be selected for deportation under Ordinance No. 8 of 1858.

441

Preamble.
Limit to localities to be selected for deportation under Ordinance No. 8 of 1858.

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APPROPRIATION (TO APPLY A SUM TO THE PUBLIC SERVICE OF THE YEAR 1859) ORDINANCE

Appropriation.

No. 15 of 1858.

An Ordinance to apply a Sum not exceeding Seventy-six Thousand
Pounds to the Public Service of the Year 1859.

[8th December, 1855.]
~fIEREAS the expenditure required for the service of this Colony for the
year

1859, has been estimated at the sum of seventy-file thousand nine hundred and
'9pecinl tq,pni-
)nriAtiou of ttttms
for work', lull

tntiltlfnia.

ORDINANCE No. 15 car, 1$58.

Appropriation.

eight pounds, five shillings, and five pence: Be it enacted and ordained
by the Honourable.
the Acting Governor of Hongkong, with the advice of the Legislative
Council thereof, as
follows :-

tat;n,8te9, )sca. 1, A sum not exceeding seventy-six thousand pounds shall
he and the same is hereby
charged upon the revenue of this Colony for the servit;e of the year
1859, and the 'staid
sum so charged shall he expended as hereinafter specified, that is to
say:-
CIVTL ESTABLISHMENTS,-

The Governox,

Lieutenant-Governor, ............ .................. ............

Colonial Secretary,
...............................................................

Colonial Treasurer I

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

Surveyor General, .

Clerk of Councils,
...............................................................
Registrar General,
..............................................................
Harbour Master and Emigration Officer,
....................................
JUDICIAL ESTABLISFTIIIENT, .............................................

T:CCLESIASTICAL Do., :

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

EDUCA'T'IONAL ESTABLISHMENT,

MEDICAL

C;T11 ,'.F df AftT,r,T'R,A'I'T,`.-

Do.,

PENSIONS, RETIRED ALLOWANCES, AND GRATUITIES, ....

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

WC)R.KQ ANT) 1TTTTT.nTN(t,

450
2,250
8,298
1,905
1,365
2,5 20
210
2,642
2,022
6,745
800
100
1,500
2,330
3,304
12,477
3,785
100
100

S, ............ .... ................................. 20,790

ROADS, STREETS, AND BRIDGES, 6,912

SPECIAL EXPENSES, &c.,. .............................................. .. 300

U 0
U U
G 8
0 U
0 0
0 0
0 0
0 U
10 0
0 ()
17 0
0 0

00

10 0

0 0
0 f)
j0 0

0 0
12. 0

9 9
0 0

£75,908 5 5-

2. That out of the sum of twenty thousand seven hundred and ninety
pound's and
twelve shillings, so authorized as aforesaid to be expended, during the
year 1859, cu
works and buildings, the sum of five thousand pounds shall be expended on
certain works
already planned under direction of the Surveyor General, for the purpose
of carrying out
engagements long since entered into between the Government and certain
marine
lot-holders, for the completion of the public way in front of the Lower
Bazaar anti
Central Market.

Repealed by Ordinance No. 4 nf 1887.3
439

Preamble.
Estimates, 1859.
Special appropriation of sums for words and buildings.

439

Preamble.
Estimates, 1859.
Special appropriation of sums for words and buildings.

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APPROPRIATION (TO DEFRAY THE SUPPLEMENTARY CONTINGENT CHARGES OF THE YEAR 1858) ORDINANCE

Appropriation.

No. 14 of 1858.

An Ordinance to authorize the applocation of a Sum not exceeding
Twenty-dive Thousand Pounds, to defray the Supplementary
continbent Charges of the Year 1858.

[1st November, 1858.]

WHEREIS it has become necessary to make further provision for the public
service of the Colony, for the year 1858, in addition to the charge upon
the-
revenue for the service of the said year already provided for in the
Estimates submitted
to the Legislative Council: Be it enacted and, ordained by His Excellency
the-
Governor of Hongkong, tvitli the advice of the Legislative Council
thereof, as.
follows:-

snrplernentnrv 1 A sum not exceeding twenty-five thousand pounds shall be
and the same is.:.
t:scnn:,tw 108. hereby charged upon the revenue of this Colony for the
services mentioned in the,.

schedules A, B, and C, to this Ordinance annexed, in addition to all sums
heretofore
lawfully charged upon the said revenue on any account whatsoever.
ORDINANCE No. 14 op 1858.

.

Appropriation.

SCH,EDULE (A.)

Ti-dinwice refent.
t

Bead rf S ,
ertidae. ~ ':~

CO~,,(,tKAL, SECRETARY,-

COLONIAL T1tEASURhR,-

2nd Clerk, ,

AUDITOR GENERAL,-
Temporary Clerk, .. , , ,

CLI:RE. OP' COUNCILS,-

Cldik of Councils
...................................................................

...:Temporary Clerk
...................................................................

SURVEYOR GENERAL,-
ActiAtunt Engineer and Clerk of 11'orks, , .............

2nd Clerk, .
................................................................

I nspector of Nuisances, , .................... ,
Extra Clerks, . , , ,

REGISTRAR, GENERAL,-
2nd European, Clerk, , , , ..................

Sub-Collector of Police Rate
....................................................

Tepo of Sei-ying-pooh, , ..................
, , ,
Tai-pine-sham , ,
Ha-wan, ,

HARBOUR DIASTER,-

lst Clerk, ,

Indian Interpreter, ......................................

MARKETS,-

2 Extra Constables, ............................... ,

SUPREME COURT,-

MEIS-Lf',AL.-

100 0 0
20 lfi 8

100 0 0

62 to 0

22 0 0
lUl i 10J

83 12 8
lfi 18 4
12 10 0
18 15 0
12 10 U
18 I:i 0
12 10 0
3 2 fi
9 7 fi
li 6 0
3 2 fi
3 2 fi
S 2 (i
9 7 fi
3 2 fi
12 10 0
3 2 6

64 13 2
40 U 0
75 0 0
14 11 8

r>o 0 0

12 10 U
26 0 0

398 0 91
45 0 U

Amtot<n~snto be

34 0 0
fit 10 0
159 4- 9
Go 0 0
16 0 0
35 U U

30 0 0
62 10 0

11 6 0

Gross Antrnarat
of Vote.

:392 14 9

27 14 3

120 lfi 3

326 1;; 10J

lsllo 7

- 443 0 91
11,887 1 .2-.
438 ORDINANCE 10: 14 of 188.

Appropriation.

SCHEDULE, (A.)-Continued.

CHIEF

Ilcad of ..serx ice.

13ruxigJct forward, .............

Amounts to be
Yoted.

£ s. d.

MAGISTRATE,-

Gross Axrrxnmt
of Tote.
£ s. rd.

`1,887 1,l

I st Clerk, . 33 G 8

2nd Do., 52 10 4
3rd Do., . . . 50 0 0
European Usher, ............................................. 40 0 0

TSTABL ISHMENT OF THE LOCK HOSPITAL,-

Ir7cidental and-Contingent-Expenditure,~ . .

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

TOTAL ESTABLI6Ft'1<1CNTS, ........4

F.%PE\SES ON 'lHE CALDWI.LL COMMISSION . .......................

two pence.

llepurt *
B'rtinuatc.

-20 of 18~i7

Sul). Do.

21 Do.

21 Do.

180 160

IRO 0 0
7'0 0 0
20 0 0

12 10 0
12 10 0
180 11 8
170 12 2

494 76

GG:i 3 10
2,733 1 R
494 7 fi

TOTAL, ..........................

Amounting in sell to three thousand two hundred duct twenty-seven pounds,
nine shillings; and'

SCHEDULE (B.) , ,

!n w7oicTx this OrrLixa.xcewfer:e.

Read of Serxv7eo.

Reconstruction of Central Market .........

Completion of the Alteration of Central Market,
...........................

Erection of market Sheds, East and West , ........... ,

Alteration, &c., of Western Market .. ...........

Paid to G. Duddell for Western Market,

2;i Do. I Erection of Two Slaughter Houses,

Gross Ainowet
of Vote.

A q. d.

4,027 G

1,024 0

3,268 13

G
0
fi

1,966 1 4
1,875 0 0

2,073 11 G

14,734 12 11

Amounting in all to fourteen thousand seven hundred and thirty-four
pounds, twelve shillings,
-and eleven pence.
No. 14 of 1858.

Appropriation.

SCHEDULE (C.)

To which this Ordinan.te rc

.Report of Estimate. Service. `
_ I
Acs. Buildings. '

1 of 1848. ' Erection of Government House, .Cc.,

18 of '56, 10 of :i 7 , 1 of 58, 2 of 58, 5 of
58, 8r,. 13 of 58.

31of57,S3of58.
7 of :is.

11 of 55, 17 of D5, 1 of 57, 4 of 53, ',~ 17
of 58.

2 of 56, 22.of 57, 23 of 67, 26 of 57, 28
of 57,29 of 57, 30 of 67, 14 of 58; C 16
of 58.

16 of 55.
15 of :i$.

5 of 56, 15 of 57, 27 of 57, 11 of 58, Jc 12
of 58.

10 of55,8of58,9of58,10oP58,&19oP51

8 of56,&17 of 57.
4 of57,& 6 of58.

Sundry, Works to Government Building',
I

Erection of Police Stations,

Do. Chinese School TTouses, ...,..

Beads.
Construction of Roads, &.., set Victoria,...

Repairs of Roads, Cc., at Victoria, .........

Formation of howls out of Victoria, .....

Repairs of Roads out of Victoria, ....

Drains.

(7onsttuction of Drains in Victoria, ......

Do. Culverts, &c., in and
about Victoria, ..
Szcndry Works. i

i
`Punks in case of -Fire, and Waters to

Police station i

Planting Trees in 1'ictoria, I

I
TOTAL,. ......

Balane,.eaeailablefrom Zikpilrt AI~Istlntate D of 5E, asprorided in
t7a.e EFtianates of 18GR,
Gross amount to be provided for in Excess, z9

Amounting in all to six thousand nine hundred and thirty-four pounds,
five shillings, and ten pence.

Gross Amount
cf Vote.

. F. d.

89 6 3

4#6 12, 11

413 8 81
125 U ()

2,217 1#

4

4G;i 13 11
5 to3

343 19 C¢
43 2 2

(i,952 6 6

18 U S

6,9345 lU

[Repealed by Ordinance No. 4 of 1887.] 436

Preamble.
Supplementary Estimates, 1858.
439

436

Preamble.
Supplementary Estimates, 1858.
439

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CHINESE PASSENGER SHIPS ORDINANCE

ORDI V ANCE No. 13 of 1358.

Clan. ese Passenger Ships.

No. 13 of 1868.
An Ordinance for the continuance of the heretofore existing Regulations
,respecting Chinese Passenger Ships; and in the case of British Ships,
respecting the '.Creatment of the Passengers tbereih- while at Sea.,
. and for making Regulations in addition thereto.
[21st October, 1858.]
WHEREAS it is desirable to make further provision, in addition to that
made by
the ' Chinese Passengers' Act, 1855,' for the regulation of Chinese
passengers'
tships, and in the case of British ships, for the treatment of the
passengers therein
while at sea, with a view to the better securing the health of passengers
in such ships
Be it enacted and ordained, by His Excellency the Governor of Hongkong,
with the
.advice of the Legislative Council thereof, as follows:-

1. No Chinese passenger ship shall clear out or proceed to sea on any
voyage of
more than seven days' duration, without strictly conforming in every
respect with the
iegulations contained in schedule (A) annexed to the 'Chinese Passenger'
Act, 1855,'
-amd heretofore in force under the second section of the said Act:
Provided always,
that for voyages to places eastward of the Cape of Good Hopo or on the
West Coast of
America, a Chinese medical practitioner, properly qualified to the
satisfaction of the
Emigration Officer, shall be considered a surgeon in terms of the said
schedule in all
cases where a properly qualified European or American surgeon is not
found ready to
take medical ebarge of the ship on the payment of such remuneration as to
the
Emigration Officer shall appear reasonable.

2. In every Chinese passenger ship, there shall be a sufficient space
properlyII itproperlyII 'n to be
divided off to the satisfaction of the Emigration Officer at the port of
clearance, to be '''°°''e`t.
used exclusively as 4 hospital or hospitals for the passengers; this
space shall be under
the poop, or in the round-house, or in any deck-house which shall be
properly built
and secured to the satisfaction of such Emigration Officer, or on the
upper passenger
-deck, and not elsewhere, and shall in no case be less than eighteen
clear superficial
feet for every fifty passengers which the ship shall carry. Such
hospitals shall be fitted
with bed places, and supplied with proper beds, bedding, and utensils, to
the satisfaction
of the Emigration Officer at the port of clearance, and throughout the
voyage kept so
fitted and supplied.

3. In the measurement of the passenger decks, poop, round-house, or
deck-house,
for the purpose of determining the number of passengers to be carried in
any Chinese
passenger ship, the space for the hospital sball be included.

4. No Chinese passenger ship shall clear out or proceed to sea on any
voyage as
aforesaid, until some medical practitioner shall have certified to the
Emigration Officer,
and the said Emigration Officer shall be satisfied, that none of the
passengers or crew
appear, by reason of any bodily or mental disease, unfit to proceed, or
likely to endan-
ger the health or safety of other persons about to proceed, in such
vessel-. and .a
nnedic'al inspection of the passengers for the purposes of giving such
certificate, shall

Preamble.

Existing rcqn'a

times to continue.
in t,,ree.

SS

pace for bas.
))its) to be indnd
ed in measnre-
n~enf ot'capaaitc
i'or passengers.

Passengers and

crew to be
examined before-

sailing by some

medical pro 'cti-
Liouer.
Chinese Passenger Ships.

No. 13 of 1858.

take place either on board the vessel, or, at tote discretion of the said
Emigration
Officer, at such convenient place on shore, befot'eiltbarkation, as he
may appoint; and
tle master, owner '-.o'r charterer of the ship, ~~31r
pay to such medical practitioner a
Burn at the rate p;~,~tw>~t`y-five Mexican dollars, for every hundred
persons so examined:
Provided, that in'fastlie Emigration Officer on any particular occasion
shall be .V ~rle
to obtain such certificate as aforesaid, or the attendance of a medical
practfti ner
within a reasonable time, or without payment of an inspection fee at a
higher rate
than that hereby ordained, then it shall be lawful for the said
Emigration Officer to
dispense with such medical inspection as aforesaid, and to satisfy,
himself by his own
personal examination, (for which he shall receive the fee hereinLefore
ordained to be-
paid,) of the fit sanitary state of the crew and passengers: Provided
also, that all fees
received under this section by the Emigration Officer or Colonial Surgeon
of Hongkong,
shall be within three days after the receipt thereof paid over by the
officer receiving,
them into the Treasury, to the use of the Crown.

g. No Emigration Officer shall give the certificate required by the
'Chineg,e4Pas-
sengors' Act, 1855,' in respect of any Chinese passenger ship, unless he
be saia'i~a3
aforesaid with the hospital accommodation therein provided, and with
the;'a4uiuryy

state of the crew and passengers.

g. This Ordinance shall not come into operation until Her Majesty's
confirmation-
theteoF stall have been proclaimed in this Colony by His Excellency the
Governor.

[Confirmation never proclaimed. Ilepcaledby Ordinance 11'0.4 of T88%.]
Preamble.
Existing regulations to continue in force.
Hospital accommodation to be provided.
Space for hospital to be included in measurement of capacity for passengers.
Passengers and crew to be exmined before sailing by some medical practitioner.
436

Certificate not to be granted unless sanitary regulations are complied with.
Suspending clause.

Preamble.
Existing regulations to continue in force.
Hospital accommodation to be provided.
Space for hospital to be included in measurement of capacity for passengers.
Passengers and crew to be exmined before sailing by some medical practitioner.
436

Certificate not to be granted unless sanitary regulations are complied with.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/131

PRACTITIONERS IN LAW ORDINANCE

ORDINANCE No: 1? of 1858.

Practitioners in Laze.

No. 12 of 1858.

An Ordinance for Practitioners in Law.

[12th July, 1858.]

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

1. Legal practitioners of the Supreme Court, howsoever qualified, are
hereby au-
thorized to act as barristers and attornies, or as barrister, or as
attornies according to
their instructions, and as they may think fit: except in the cases
hereinafter specified.

2. When the same practitioner acts as barrister and attorney in the same
matter,
the remuneration receivable by him shall be regulated accordingly:
exempli qratid, he
shall not be allowed to make any charge or take any fee for or upon
pretence of attor-
nies' consultations, with instructions to or attendances on counsel, or
the drawing or
-copying of briefs to counsel, or preparing or copying of papers for the
perusal of counsel,
-or the like.

3. No barrister shall become or be in any wise interested in the profits
of the
business of any other practitioner in law, directly or indirectly, and
whether under
the name of law partner, or under any other name, or be or act as agent
for, or clerk
to, any such practitioner: And no attorney having a law partner shall be
allowed to
act as barrister in any matter where himself or his said partner is, or
shall be, retained
or acting as attorney.

4, The laws for the time being in force, with reference to attornies,
their fees or i :.tension to i,ari
ri~tere nPlwre
,costs, the taxation thereof, and the right of lieu and suit in respect
of the same, are reiatitti; to atter-
II1VN.
hereby extended to all practitioners when acting as attornies, and to all
fees and costs
claimed or received in respect of business done by any practitioner in
the law as au
attorney, and by virtue of this Ordinance, subject to section 2.

5. From the beginning to the end, or at any intermediate period or
periods, of any what persott,
may appear sue,

prosecution, action, suit, or appeal or proceeding, it shall be lawful
for any person be- and tte beard.
longing to any or either of the classes next hereinafter mentioned, to
appear, prosecute,
sue, defend, or proceed, in the said Court and the offices thereof,
subject only to the

,provisions of sections 3 and 6, and to the general jurisdiction of the
said Court in re-
spect of the orderly transaction of the business of the same, and of the
said offices, that
is to say:

[.SrP Ord. \o. $ 'of

1558.]

Barristers and
attornieH.

Mode of renttutet4.
atioa.

Law partner-
nitipx.

1st. Any of the parties on either side to the prosecution, action, suit,
appeal,
or proceeding, not being represented therein by some person willing and
able to act i1 his stead:

isl. The parties
tLemselreK,
it utnepre-
seute<l.

2nd. Any barrister of the said Court duly retained by or on behalf of and
2tta. nnos5rers`'

retained,.

representing any of the said parties, but without any right of exclusive
audience or preaudience, or (save as to rank in the profession) any pri-
vilege over any other party, or over his retained practitioner or
represeli-
tative in that.behalf:
3rd, Attornies
retained.

4th. Other per.
sons by leave
of the Court.

Special privileges
ofthe Attorney
General reserved.

Order of prece-
dence.

When to be de-
neriVed as barris-
ter, and when as
attorney.

Barristers and

attnrnics Incapa-
citate,dtolnstract
aM 4(tl'fl8tere in
cortalpmCases.

Damages for neg-
ligence.

Deceit or colln
Sion.

ORDINANCE No. 12 of 18,58.

Practitioners in Law.

3rd. Any attorney of the said Court duly retained by and representing any
of
the said parties in that behalf:

4th. Any' other person having the special leave of the Court to appear pro
re
nata in the stead of any of the said parties as his ox their
representative,,
in the premises.

6. Nothing herein contained shall affect the privileges of exclusive
audience and:
preaudience, which Her Majesty's Attorney General or other counsellor for
the Crown
bath or may have by virtue of his said office or of Her Majesty's warrant.

7. The order of precedence amongst practitioners in the law shall be in
this wise:,
The barristers shall rank according to their respective seniorities next
after the said
Attorney General or junior counsellor for the Crown (if any), and the
attornies accord-.
ing to their respective seniorities next after the junior barrister.

$. Without prejudice to the said order of precedence, every legal
practitioner shall,
at every step in any proceeding describe himself, and be described on the
record and
otherwise, as barrister or as attorney, according to the truth of the
case, and the asps-;
city in which be may be then acting.

9. No barrister acting in his capacity of attorney shall instruct or
authorize aroy
other legal practitioner to appear for him as barrister, and no attorney
acting as such
shall instruct or authorize any other attorney, to appear for him as
barrister; and in all
such cases the instructions and authority shall be absolutely null and
void.

tlnqualifledprac- 10. The penalties contained in Ordinance No. 13 of 1856,
section 13, are hereby
titionors,
extended to every person not being a practitioner in the law, who shall
set or practise
as such, or vho shall claim or receive any reward, compensation, or
gratification what-
soever, from any other person, for or on pretence of introducing him to
any such prac--
titiouer, or taking the advice or securin g the services o£ any such
practitioner, upon the,
said last mentioned person's behalf: and in all other respects the said
section is hereby
confirmed and made applicable to this Ordinance.

11. Any legal practitioner shall be liable to damages in respect of his
cras8a7cegli_-

gentiu, misconduct, or fraud, at the suit of his client or any other
person who may have-
sustained damage thereby.

12. Any legal practitioner who is guilty of deceit or collusion, or
consents thereto,.
with intent to deceive a Court, Judge, or party to any such proceeding as
aforesaid, is
punishable for a misdemeanour; and the party (if any) injured thereby
shall be entitled
either upon his conviction of such misdemeanour, or else by action ox
suit, to recover
from the offender treble damages for the same.

Deftnitions
« Itnrrister.'
'ACtorney.'

13. In the construction of this Ordinance, and of all Ordinances relating
to legal
practitioners, the word 'Barrister' shall also mean 'Serjeant-at-Law,'
'Advocate,'
~`Couusellor''
and the-
word''Attorney' shall also mean 'Solicitor,' 'Writer,' 'Proctor,' and
'Notary.'

[Repealed by Ordinance \'o: 18 of 18G2J
[See Ord. No. 3 of 1859.]
Barristers and attornies.
Mode of remuneration.
Law partnerships.
Extension to barristers of laws relating to attornies.
What persons may appear, sue, and be heard.
1st. The parties themselves, if unrepresented.
2nd. Barristers retained.
3rd. Attornies retained.
4th. Other persons by leave of the Court.
Special privileges of the Attorney General reserved.
Order of precedence.
When to be described as barrister, and when as attorney.
Barristers and attornies incapacited to instruct as barristers in certain cases.
Unqualified practitioners.
Damages for negligence.
Deceit or collusion.
Definitions: 'Barrister.' 'Attorney.'

[See Ord. No. 3 of 1859.]
Barristers and attornies.
Mode of remuneration.
Law partnerships.
Extension to barristers of laws relating to attornies.
What persons may appear, sue, and be heard.
1st. The parties themselves, if unrepresented.
2nd. Barristers retained.
3rd. Attornies retained.
4th. Other persons by leave of the Court.
Special privileges of the Attorney General reserved.
Order of precedence.
When to be described as barrister, and when as attorney.
Barristers and attornies incapacited to instruct as barristers in certain cases.
Unqualified practitioners.
Damages for negligence.
Deceit or collusion.
Definitions: 'Barrister.' 'Attorney.'

https://oelawhk.lib.hku.hk/items/show/130

PAWNBROKERS, & c. -- OFFENCES ORDINANCE

ORDINANCE No. 11 or 1858.

Pawnbrokers,. 8yc.-- Offences.

No. 11 of 1858.

An Ordinance for the prevention of Offences touching Securities, Sales,

and Deposits.
6th July, 1858.]
E it enacted and ordained by His Excellency the Governor of Hongkong,
with the
~' advice of the Legislative Council thereof, as follows:-

1. All additions to drafts on bankers within the meaning of Ordinance No.
3 of Additions teehe-
1857, shall be deemed to be (by whomsoever and at whatsoever time the
said additionsqnea on bankers.

may be made) part of tile drafts themselves, for the purpose of the
payment thereof
respectively; and any cancellation or erasure of such additions, and
likewise any alte-
ration thereof (except for the mere purpose of filling up any blanks
therein), shall be
deemed a forgery of the said drafts respectively.
2. A person obtaining by fraud or false pretence the acceptance of a bill
of ex-
change (whether drawn by himself or any other person) from a third party,
shall (whether
the said bill so accepted remain in his hands or not) be deemed to have
obtained a
valuable security, by fraud, or (as the case may be) false pretence,
within the meaning
-of the Laws in force for the repression of the said offences; and
persons fraudulently
,obtaining movies or chattels upon or by moans of a draft order or
warrant addressed to

any person, society, company, or firm, who, to the knowledge of the
persons so obtaining
the said movies or chattels, at the time of obtaining the same, have
stopped payment
'or suspended business, shall be deemed to have obtained the said movies
or chattels
by a false pretence, and shall be punishable accordingly.
3. No person shall act as a lender of money to an amount being less than
five
hundred current dollars in any one transaction upon deposit of goods and
chattels,
unless he be then the actual holder of a pawnbroker's licence, or as a
public salesman,
unless he be then the actual holder of an auctioneer's licence.

4. Every such licence shall be granted by and at the discretion of His
Excellency in

Executive Council, on such conditions, touching fees or otherwise, as
shall be deemed
meet; and the same shall endure for one year only, but may be renewed at
the like
discretion from year to year.

5. No such lender of money as aforesaid shall, during the continuance of
his said No lender ro
. carte on another
licence, carry on any other trade or occupation in his place of business
as such leader. trade.

6. He shall cause to be painted and kept painted in large and legible
English :aa,nea and busi-
ness of lenders
letters and Chinese characters, over the door of his said place of
business his name at to be painted.
.length, and after his name the word 'Pawnbroker' (or 'Pawnbrokers' if he
be the
member of a firm of such lenders).

7, He shall, whensoever thereunto required by tile Superintendent of
Police, or
nay Inspector of 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 inspec-
tion of the party so-requiring him all or any goods and chattels pledged
or deposited
-with him on loan of movies, and all books arid papers relating to the
same.

Acceptances ob-
tained by fraud
or false pretence,
and drafts &c.,
anon nerFons
who have stop-
ped payment,
e.

Pawnbrokers'
and auctioneers,
licences.

To be granted
by the Governor
in Council.

Inspection of
books; &c., by
Police.:
428 ORDINANCE No. 11 of 1858.

Pawnbrokers, Ac.-00ffences.

Interest oulonnn. $, Over and above the principal movies lent upon any
goods or chattels, pawned or-
pledged with the lender, he may demand, receive, and take from the person
applying to-
redeem the said goody or chattels, before re-delivering the same to such
person, interest
upon the said principal movies for the month, anti every fractional part
of a month, after-,
such rate as shall have keen agreed upon at the time of the making of the
said loan;-
which said principal movies and interest shall be taken in full
satisfaction of all charges.
for or incident to the loan to which the same relate; yet so as that the
first month's-
intcrest shall be deemed to be due on tire first day of the first month,
unless redemption
he applied for within tile first three days thereof.
Ne'furtVCrpm- 9, Every such loan shall be hots&,fide made v; itlront
deduction out of the amount
fit to be nuule.

` expressed to be lout, anti no profit or interest over arid above the
rate aforesaid shall be

i
oil any pretext received or demanded.

A General Book 10. Before any movies shall be advanced on any yuck loan as
aforesaid, the lender--
to be kept, and
curries uuule, thereof shall enter or cause to be catered in a book, to be
by him kept for that purpose,.
and numbered.
and to be called 'The General Book,' a fair, true, and regular statement
of the nature
and <loscription, and also of tire actual condition, of the goods or
chattels upon which the-
vaid loan shall be made, and of the exact amount in value of the said
loan, and of the
exact rate of interest thereon, and of the name, description, and abode
of the borrower,,
and of the number (if any) of the place and the name (if any) of the
street of such hip
abode (distinguishing him, if the occupier of his place of abode by the
Chinese characters
,;-- ~ and by the English letter 0, and if only au inmate thereof by the
Chinegq-
characters r ~ , ~' and by, the English hotter I); and also of the like
particulars,.
(distinguished in like manner) of the name, description, and abode of
such other person
(if arty) as the said borrower shall represent to the seal lender to be
the true owner of the

said goods and chattels; and lastly, of the day of the English month and
year upof>,
which the said loan shall be made: yet so as that, before any of the said
entries shall be
made in the said crook, the said lender shall to the boat of his ability
ascertain from the
said borrower the truth thereof respectively: And' every loan, the
particulars whereof
shall have been so entered as aforesaid, shall be numbered in the said
book from number
ono progressively to the end of the month as they are received in pawn:
exempli grati&,.
the first pledge that is received in pawn after the commencement of this
Ordinance shall.
be numbered one the second two and so on progressively until the end of
'the now
instant month of July; and tire first pledge that is received in pawn in
the month of August
next, shall be in like manner numbered one and the second two and so on
progressively
until the end of that mouth: And the like regulation shall be observed in
every succeed-
ing month for ever after.

A eaPpomentttt 11. If arty of the said goods and chattels shall consist of
articles, not of Chinese
book to be kept
for rtrtieas trot manufacture, and not especially adapted for Chinese use,
the said lender shall, immediately
of Chinese maun
fhctW a or nee, before or immediately after catering such particulars . as
aforesaid in the said General.
73ook, make a second awl separate entry of the same tenor in another
book, to be kept by

lriln for that, purpose, and to be called 11 The Supplemental Book.'
ORDI\ANC.C No.- Il .oF 1$58.

Pawnbrokers, arc.-Offences.

12. Together with the full amount of the said principal monies, the
lender shall at
the time of making any such loan as aforesaid deliver to the borrower a
ticket, containing
a fair, legible, and true extract of the number of the entry of the said
loan in the said
Book, and also of the statement of the said particulars thereof so
entered as aforesaid,
and further settin- forth in a fair, legible; and true manner, the name
and description,
and abode, of the said lender, and of the street (if guy), arid of the
number (if any) of the
place of his said abode, which said ticket shall be so delivered gratis;
and if the said
borrower shall decline, neglect, or omit to accept and take the swine; it
shall not be
lawful for the said lender to receive or retain the goods and chattels
therein mentioned.
13. In order to entitle any person to redeem and re-demand from the said
lender
or his representatives the said goods and chattels, the said ticket must
be produced and
re-delivered to the said lender or his representatives by the person
applying to redeem
the same: and upon such redemption being effected, the said lender or his
representa-
tives shall fairly and legibly enter or cause to be entered on the said
ticket a true and
exact note of the amount of interest taken by or for him upon the said
principal monies,
and shall retain the same ticket in his custody for the space of twelve
months next
following the day of the making of such last-mentioned entry.

14. On the production and tender of any such ticket as aforesaid,
together with
the full amount then due for principal and interest in respect of the
loan to which the'
same refers, if made at the end of six months from the day of the making
of the said
loan, it shall be the duty of the lender therein named and his
representatives, to receive
the same, and to deliver up to the person producing and tendering the
same the goods
and chattels described in the said ticket, whether such person shall be
or not the bor-
rower therein named.
15. The section next preceding shall not extend to cases where, at or
previously
to such production and tender, the said lender or his representatives
shall have 'had
from the said borrower, or the owner of the said goods and chattels,
notice not to
deliver the same upon the said production and tender, or shall have had
knowledge or
notice that the salve have been, or are suspected to-have been,
unlawfully obtained
from or lost by the owner thereof, before the making of the said loan,
nor to tickets
as to which the borrowers shall have taken such proceedings as are
provided by the
section next immediately following:-in all which cases it shall be the
duty of the
lenders and their representatives to withhold such delivery if required,
merely upon
the production and tender aforesaid.

16. Upon the application of any person (other than the said borrower)
represent-
,ing himself to be the owner of the said goods and chattels, or of any
person (other
than the holder of the said ticket) representing himself to be the owner
thereof, and
to have lost or been unlawfully deprived of the same, it shall be the
duty of the said
lender, or his representatives, if the said goods and chattels be still
unredeemed,
forth pith to deliver to such applicant li copy of the entry in the- said
General Book,
or ,(as ,the case tray be) of the said ticket, which said applicant shall
immediately
thereupon proceed to the office of the Court hereinafter mentioned, and
obtain an

'rickets to be
denvmed by the
lender to the
borrower,

r reduction on
re-dclivcrx of
tlt,xety.

'rite goods to Lo
given up to any
person Prodav.-Inx
the ticket.

Exception of
Mot&

Provision for
lost goods or
tickets.
Search warrants
may be issued.

After six months
the cootie, fPun-
retlcemed, to be
the property of
the lender.

Applicants to
give taste ac-
cnupts of them-
selves, the goods,
&c.

Duty to seize mid
deliver 17110 CUa-

rndy applicants

not giving true
accounts.

ORDINANCE No. 11 of 1858.

Pawnbrokers, &.-0ffences.

appointment there for the purpose of verifying by lawful evidence the
truth of such
representation; and if he shall verify the same to the satisfaction of
the said Court.
within seven days then next following, and shall obtain from the said
Court a certifi-.
Gate to that effect, endorsed upon the said copy, it shall be the duty of
the said lender=
or his representatives, upon the said copy so endorsed being produced and
delivered
by the said applicant, to deliver onto him, according to the
circumstances of the case,
and as the said Court shall order, the said goods and chattels, and
either with or
without payment of the said principal monies or interest, or both
principal and inter-
est, as the circumstances of the case shall require, and the said Court
shall direct.

1'7. It shall be the duty of a Stipendiary Magistrate upon lawful
evidence being
given to his satisfaction, that there are probable grounds for believing
that any goods
or chattels have been pawned without the privity of their owner, to issue
his warrant
for searching within the hours of business any place where the said goods
and chattels
shall appear to him to be; and it shall be the duty of the lender, or his
representatives,
and of all persons in or about the said place, to give effect and be
obedient to the said
warrant; and if any of the said goods and chattels shall have been upon
such search
discovered, it shall be the duty 0f the person executing the said warrant
to take them
or cause them to be taken to the said office, there to abide the order of
the said Court.

18. Subject to the provisions hereinbefore contained for securing the
delivery of
goods and chattels to the said holder of the ticket, borrower, owner, or
other person;
the acid goods and chattels, from and after the expiration of the said
six months,. if
the same are then still unredeemed, shall become and be the property of
the said
lender and his representatives absolutely.

19. Every person applying to borrow shall, at the time of his application
in that
behalf, give to the person to whom such application is made, a full,
true, and satisfac-
tory account of himself, his name, his place of abode, the goods and
chattels, with
respect to which the said application is made, his possession thereof,
the right of
property therein, and the name and place of abode of the owner thereof;
and every
person applying to redeem any goods and chattels, or for a copy of
a-ticket, shall, at
the time of his application in that behalf, give to the person to whom
such application
is made a full, true, and satisfactory account. of himself, his name, his
place of abode;
the name and place of abode of the owner thereof, and of the
circumstances under
which such his application is made.

20. Any person to whom any application is made to borrow or redeem, or
for a:
copy of a ticket, without such full, true, and satisfactory account
having been in that
behalf given by the applicant, as in the section next immediately
preceding is specified,
or who shall have reasonable cause to suspect any unlawful practice on
the part of an
applicant in either of the above cases, is hereby required to seize and
detain any such
applicant, and empowered to call in the aid of any other person for that
purpose: yet
so as that the applicant when so seized, shall be by the person seizing
him delivered
over with all reasonable speed (together with the goods and chattels (if
any) or the,
ticket or document (if any) produced or tendered by the applicant at the
time of his
ORDINANCE N o.' 11 of -1858.

Pawnbrokers, ~rc.-Offences.

said application,) into the custody of a member of the Police Force, who
is hereby
required to receive him and convey him and the articles (if any) so
produced or
tendered as aforesaid, unto a Stipendiary Magistrate, to abide his order
and direction
as to custody, commitment to the Court of Petty Sessions, or liberation,
or otherwise.

21. Lenders and their representatives shall be liable to make good all
loss or
damage accruing to borrowers in the cases following, that is, to say :-
1. Where the goods and chattels pawned have been dispose of by the lenders
or their representatives otherwise than according to the provisions of
this Ordinance:

2. Where the same have been stolen, embezzled, or lost, before the period
for 2. In ease of
theft or loss..
the redemption thereof is elapsed:'

3. Where the same, before the said period is elapsed, have been by the
default,
neglect, or misfeasance of the lenders, their representatives, or
servants,
destroyed, damaged, or impared in value (but not otherwise, except where
division two of this section is applicable)
And in any of the said cases the Court shall allow and award the full
amount in
satisfaction of such loss or damage, to be settled and deducted or paid
in manner next
hereinafter mentioned.

22. Where the amount so allowed shall be less than the amount due from
the' How settled for.
borrower for principal monies and interest, the same shall Le deducted
from the latter,
and the said borrower shall be charged with the balance alone after
making such
deduction; and where the amount so allowed shall exceed the amount so
due, the latter
shall be in like manner deducted from the amount so allowed, and the
borrower shall
be entitled to receive from the lender or his representatives the balance
alone, after
making such last-mentioned deduction.

23. Allowances so made and awarded shall be immediately and without
condition
carried into effect by the lenders and their representatives, according
to the tenor
thereof.
24. No person sball receive any goods or chattels in pawn from, or lend
to, any
one not being of the age of twelve years at the least.
25. No person in the employment of Government, or being a member of the
family of any such person, or an agent of, or in the employment of, any
such person,
or of any member of such family, sball lend or advance or act as lender
of, any monies
under this Ordinance.
26. It shall not be lawful for any person to receive in pawn any goods or
chattels,
having upon them any mark or sign denoting them to be, or to have been,
the property
of the Crown, or of any Public Department.

27. No business shall be transacted at any of the said places of business
after eight Hour of business:
ef the clock in the night, or before eight of the clock in the
morning,-except only for
one week, next before the first day of the Chinese New Year.

2$. Forms of tickets and entries in books, for the purposes of this
Ordinance,
shall be notified from time to time in the Hongkong Government Gazette,
in English and

Liabilities of
lenders:

1. For Improper-
y disposing
of goods
pawned.

R. In Case &f
damage or
neglect.

Lenders to carry
into effect such
allowances.

No loans to
persons under
twelve years.

Persons In the
employment of
Government and
their families
disqualified.

Public property.

Forms of tickets
and entries to be
notified in the
ORDINANCE No. 11 ov 1858.

Pawnbrokers, 4c.-Ofemees.

Govermnent
Qarette.

1Hee Oazette 27th
August, 1809.]

'rhe court of

Petty Sessions.

renderde8ned.

Penalties:

t, Against aces,
3, 6, and 8.

'2, AgOTtat sees.
7.to 18.

3, AKaInst see.
Ifl.

Against seta.
20 and 28.

.a. Against sec.
24.

t. Against see.
2b:

Chinese; and of all such notifications cognisance shall be taken, and due
obedience
rendered. thereunto, by all persons whom they may concern, at the peril
of the .said
persons respectively.
29. All adjudications and certificates under this Ordinance, except
sections i and
2 thereof, shall be summarily had and granted by the Court of Petty
Sessions, and
enforced according to the Laws for the tune being in force for regulating
the said
Court and its practice.
30. Every person purchasing, receiving, or taking in, any goods or
chattels,
and paying money for, or advancing money upon, the same, with or under any
understanding, agreement, or condition, express, implied, or reasonably
inferable, from
tho nature or character of the dealing, or the usage in respect thereof,
that the said
goods or chattels in whole or part may be afterwards redeemed or
re-purchased upon
any terms soever, shall be deemed to be o-v lender within the meaning of
this Ordinance.
31. For violations of or defaults in obedience to this Ordinance, there
shall be
imposed the penalties following, that is to say :-
1. For every offence against section 3, section 5, or section 6, a fine
not ex-
ceeding two hundred current dollars; and moreover, for a third or tiny
subsequent offence against section 6, the forfeiture of the offender's
said
licence.
2. For every offence against either of the sections, from 7 to 16 both
inclusive,;
a fine not exceeding five hundred current dollars, together with (if the
Court shall so direct) the forfeiture of the said licence.
fi. For every offence against section 19, the penalty of imprisonment with
or without hard labour for a term not exceeding two years.
4. For every offence against section 20, or section 23, a fine not
exceeding fifty
current dollars.
i, For every offence against section 24, a fine not exceeding one hundred
current dollars, together with (if the Court shall so direct) the
forfeiture
of the said licence.

For every, offence, against section ?5, a fine not exceeding fifty current
dollars, and also (where applicable) the forfeiture of, and
disqualification
for, office under Government.

7. AQasnat.ee. 7. For every offence against section 26, a fine not
exceeding five hundred
current dollars.

B. Against sec. 8.For every offence against section 27, a flue not
exceeding one Hundred
current dollars.
Fines to be paid 32. All fines received or levied under this Ordinance,
shall be paid into the
Into Treasury.
Treasury to the use of the Crown.

Right of Appeal 33. Nothing herein contained shall affect the right of
appeal by Crown or party,-
not atYected.
against any adjudication, nor the general jurisdiction of the Supreme
Court, nor any
of the laws relating to crimes or ovences.

[Repealed by Ordinance No. 3 of If60.1
Additions to cheques on bankers.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneer' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
Interest on loans.
No further profit to be made.
A General Book to be kept, and entries made, and numbered.
A supplemental book to be kept for articles not of Chinese manufacture or use.
Tickets to be delivered by the lender to the borrower.
Production on re-delivery of tickets.
The goods to given up to any person producing the ticket.
Exception of cases.
Provision for lost goods or tickets.
Search warrants may be issued.
After six months the goods, if unredeemed, to be the property of the lender.
Applicants to give true accounts ofthemselves, the goods, &c.
Duty to seize and deliver into custody applicants not giving true accounts.
Liabilities of lenders :
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Perosns in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Government Gazette. [See Gazette 27th August, 1859.]
The Court of Petty Sessions.
Lender defined.
Penalties:
1. Against secs. 3, 5, and 6.
2. Against secs. 7 to 16.
3. Against sec. 19.
4. Against secs. 20 and 23.
5. Against sec. 24.
6. Against sec. 25.
7. Against sec. 26.
8. Against sec. 27.
Fines to be paid into Treasury.
Right of Appeal not affected.

Additions to cheques on bankers.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneer' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
Interest on loans.
No further profit to be made.
A General Book to be kept, and entries made, and numbered.
A supplemental book to be kept for articles not of Chinese manufacture or use.
Tickets to be delivered by the lender to the borrower.
Production on re-delivery of tickets.
The goods to given up to any person producing the ticket.
Exception of cases.
Provision for lost goods or tickets.
Search warrants may be issued.
After six months the goods, if unredeemed, to be the property of the lender.
Applicants to give true accounts ofthemselves, the goods, &c.
Duty to seize and deliver into custody applicants not giving true accounts.
Liabilities of lenders :
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Perosns in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Government Gazette. [See Gazette 27th August, 1859.]
The Court of Petty Sessions.
Lender defined.
Penalties:
1. Against secs. 3, 5, and 6.
2. Against secs. 7 to 16.
3. Against sec. 19.
4. Against secs. 20 and 23.
5. Against sec. 24.
6. Against sec. 25.
7. Against sec. 26.
8. Against sec. 27.
Fines to be paid into Treasury.
Right of Appeal not affected.

https://oelawhk.lib.hku.hk/items/show/129

PENAL SERVITUDE ORDINANCE

Penal Servitude.

No. 10 of 1868.

An Ordinance for Penal Servitude.

[15th June, 1858.]

BE it enacted and ordained by His Excellency the Governor of Hongkong,
with the
advice of the Legislative Council thereof, as follows:-
1. Where no place bath been or sball hereafter be appointed by Her
Majesty or
Her Governor of Hongkong, whereunto offenders convicted in this Colony,
and being
under sentence or order of transportation, may according to law be sent
or transported,
every such offender sball (subject to section 3) be kept in penal
servitude within the
said Colony for any period not exceeding a period of the same duration as
the term or
terms, or unexpired portion of the term or terms, of transportation under
which the said
offender now is or shall hereafter be; and until no such place as
aforesaid is appointed,
and so often as no such place shall be hereafter appointed as aforesaid,
any offender
who, but for this Ordinance, might have been sentenced to transportation
shall (subject
to section 3) be liable to be sentenced to be kept in ,penal servitude
for a period or
periods not exceeding a term or terms of the same duration as the term or
terns of
transportation to which such offender would, but for this Ordinance, have
been liable,
and subject to the same discretion on the part of the Court.
426

Laws of trans-
portation to
apply to offend-

ers under penal
servitude.

Computation of
time,

ORDINANCE NO. 10 OF .188:

Penal Servitude.

2. All laws and gaol regulations relating to the removal,
transportation,; care,
custody, management, employment, and discipline of offenders under
sentence or order
of transportation, and the punishment of such offenders if at large
without lawful
cause, whilst the said sentence or order is in force, and all other Laws
relating to such
offenders, shall apply to offenders kept in penal servitude.

3. Any of the said offenders may be removed and transported to any such
pla:e^e~
as aforesaid during his term of punishment, and tile whole of the time
(if any) during
which he may have been kept in penal servitude or imprisonment during the
term
specified in his sentence or order, shall be computed and allowed unto
hits in deter--
mitling°the duration of his term of transportation.

Gangs made 4. In case any offender kept in penal servitude shall escape,
under circumstances:
responsible for
escapes. which, being proved by lawful evidence before the Court of Petty
Sessions, shall satisfy
the said Court that any other offender with whom, or offenders with or
amongst whom,.
the said offender was at the time of his said escape, might, if so
disposed, have
prevented him from effecting or attempting it, the said Court shall have
power to order=
and adjudge that any term of penal servitude not exceeding three years
shall be
allotted unto every'such offender: in addition to, and by way of increase
of, the periods
or period still unexpired of the punishment to which such offender as
last aforesaid was.
liable at the time of the said escape. [Repealed by Ordinance No. 2 of
1859.E

5. The laws for the time being in force within England for the prevention
or
punishment of the offences of prison breach, escape, rescue, and bringing
or carrying
in or out of prohibited articles, when committed, attempted, or allowed
by, or with
reference to, or in favor of, prisoners ordered to be detained in convict
prisons, shall
be applicable to the like offences, when committed or attempted by, or
with reference-
to, or in favor of, offenders kept in penal servitude, whether original
or substituted as-
aforesaid.

Certain convict
prison Laws
extended to this
Colony.

Power to His
L~xeellency in
Cyneil to make
regulations.

Rower ofimpri.
aonment not
affected by this
Ordinance.

° 6, His Excellency the Governor in Executive Council is hereby empowered
from
time to time to make, alter, repeal, or revive such regulations (in any
manner, nut
being inconsistent with this Ordinance) for the diet, clothing,
maintenance, employment,
instruction, discipline, correction, removal, and discharge of offenders
undergoing the
said punishment of penal servitude, and for the duties and conduct of
their kPepexs.
and overseers, and other the officers employed in or about the premises,
as to His said
Excellency in Council shall in the premises seem meet; yet so as that
overt' such
regulation, alteration, repeal, and reviver, be forthwith notified in the
FIongkoily
Government Gazette for general information: .

7. The jurisdiction to sentence offenders to imprisonment with or without
hard

labour, and the execution of such sentences, are not affected by this
Ordinance.

[Repealed by Ordinance 14'0. 10 of 1887.1

For Regulation as to employment of Venal Servitude Prisoners of the 28th
December;:
1882.=fee Gazette, 80th of the same month.
For Rules as t0' management of Prisoners of 23rd January, 1883, see
Gazelle
27th January, 1883.
425

Until places of transportation are appointed, penal servitude may be substituted.
Laws of transportation to apply to offenders under penal servitude.
Computation of time.
Gangs made responsible for escapes.
Certain convict prison Laws extended to this Colony.
Power to His Excellency in Council to make regulations.
Power of imprisonment not affected by this Ordinance.