USURY LAWS ORDINANCE

Ordinance No. 7 of 1844.

Usury Laws.

No. 7 of 184.

An Ordinance for removing doubts respecting the application to Hongkong
of the laws and statutes of England relating to usury, and to limit,
and define the rate of interest which may be recovered in cases,
where it hath not been previously agreed on between the parties.

[20th March, 1844.]

WHEREAS it is expedient to remove all doubts respecting the
application to
VV Hongkong, of the laws and statutes of England relating to usury, and
to limit
and define the rate of interest, for the forbearance of money which may,
be recovered
in any Court of law, or equity, in cases wherein the rate of interest has
not been fixed
by the parties before the Court, be it therefore enacted, and declared by
His Excellency
the Governor of Hongkong, with the advice of the Legislative Council
thereof, that the
laws and statutes of England relating to usury, shall be deemed, taken,
and adjudged
not to extend to the said Colony, or its dependencies or to be in force
within the same.

2, And be it further enacted, that in all cases where interest for the
loan of
money, or upon any other contract, may be lawfully recovered, or allowed
in any action,
or suit in, any Court of law or equity; but where the rate of such
interest bath not been
previously agreed upon, by, or between the parties, it shall not be
lawful for the party
entitled to interest to recover, or be allowed ixa any such action, or
suit above the rate
of twelve dollars, for the interest, or forbearance of one hundred
dollars for a year, and
so after that rate for a greater or lesser sum, or for a longer, or
shorter time. Provided
always that it shall be lawful for the Court awarding such interest, to
allow such lower
rate thereof, as the circumstances of the case may'render just and
expedient.

[Repealed by Ordinance No. 7 of 1886.}
17

Title.
Preamble.
Declaring the usury laws of England not to be in force.
Not above 12 per cent to be allowed in cases before the Court where no rate has been previously agreed upon.

17

Title.
Preamble.
Declaring the usury laws of England not to be in force.
Not above 12 per cent to be allowed in cases before the Court where no rate has been previously agreed upon.

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CIVIL ACTIONS -- ARBITRATION ORDINANCE

Civil actions -- Arbitration.

No. 6 Of 1844.

An Ordinance to authorize His Excellency the Governor of Hongkong to
refer all civil actions or suits to arbitration.

[ 20th March, 1844.]

WHEREAS the accumulation of public business prevents His Excellency the
Governor of Eongkong from being able to give his time or attention to the
hearing and decision of civil actions and suits, be it therefore enacted
by His Excellency
the Governor of Hongkong with the advice of the Legislative Council
thereof: That his
said Excellency the Governor of Hongkong shall have full .power and
authority by any
order of reference, under his baud to refer all civil actions or suits
whatsoever, whether
now pending, or hereafter instituted and also all matters in difference
between the
parties thereto to the award, and arbitrament of such persons, and on
such terms, or
conditions as shall be named, or set forth in the said order of reference.
Ordinance No. 6 of 1844.

Civil actions-Arbitration.

2. And be it enacted that the said order of reference shall to all intents and purposes
be as valid and effectual as if the parties named therein had
consented thereto effectual as if

made by consent.,
and to be deemed
a rule of Court,

and that the same proceedings in every respect shall be had therein as if
same had been
duly made a rule of any competent Court of Judicature in England.

$, And be it enacted that any award made in,pursuance of such order of
reference A.a,.dliabletobe

set aside.

shall be liable to be set aside by the said Governor in like manner as
any award made
in pursuance of any order of reference made by any competent Court of
Judicature in
England.

4. And be it enacted that the said power and authority hereby vested in
the said
Governor shall cease and determine upon the arrival in the said Colony
of, and the
assumption of his functions by any Judge of soot Supremo Court of
Judicature as shall be,
hereafter erected in Hongkong.

[Disallowed in C. O. D., No. 26, 18th August, 1844.]
16

Title.
Preamble.
Governor to make order of reference to arbitration. Order of reference to be as effectual as if made by consent and to be deemed a rule of Court.
Award libable to be set aside.
Power herein given to the Governor to cease on arrival of Judge in the Colony.

16

Title.
Preamble.
Governor to make order of reference to arbitration. Order of reference to be as effectual as if made by consent and to be deemed a rule of Court.
Award libable to be set aside.
Power herein given to the Governor to cease on arrival of Judge in the Colony.

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GOOD ORDER AND CLEANLINESS ORDINANCE

14
ORDINANCE NO. 5 of 1844.

Good order and cleanliness.

No. 5 of 1844.

An Ordinance for the preservation of good order and cleanliness within
the Colony of Hongkong.

[20th March, 1844.]

WHEREAS it is expedient to provide for the preservation of good order and
cleanliness within the Colony of Hongkong, be it therefore enacted by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof,
that if any person, after the passing and publication of this Ordinance, shall throw, or
lay, or cause, or knowingly permit to be thrown or laid any carrion, dirt, soil, straw, or
dung, or any other filth, rubbish, or noisome or offensive matter whatsoever on any of
the roads, streets, ways or public passages, or into any o£ the drains or sewers made or
to be made within the said Colony, or shall permit or suffer any such noisome or offen-
sive subatance as aforesaid to remain exposed in any drain, sewer, or elsewhere, opposite
to or within the immediate neighbourhood o£ his house, or shall allow any, accumulation
of filth or offensive substances within-the premises occupied by him, or shall commit
any nuisance by easing himself, ox otherwise, in the neighbourhood of any dwelling
house or place of public passage, or shall set out or leave, or cause to be set out or left,
any scaffolding, carriages, bricks, lime, barrels, bales or cases of merchandize, or any
other matter or thing which shall obstruct, incommode, or endanger any
person or
carriage in any public passage or road, or shall erect any shed, or house
of matting, or
other easily inflammable material, so as in case of fire to endanger any
neighbouring
building, or shall encroach on any public way or Crown land, by erecting
any building,
either on or projecting over the same, or shall construct any spout which
shall project
the rain water thereon, or shall neglect to repair or remove ally
building, erection, or
bank of earth in a ruinous or unsafe state, and which shall endanger any
person on
any public passage or road, or shall east or throw any ballast, rubbish,
or other sub.
stance, either from the shore or from any vessel into the harbour of
Victoria, or shall
neglect, within a reasonable time, to remove any sunken vessel in the
said harbour,
belonging to him, or in his charge or keeping, or shall aide or drive on
any foot-path
without obvious necessity, or shall ride or drive in a furious manner in
any public road,
or in passing ox meeting another horse or carriage shall not keep to the
customary side
of the road, or being a foot passenger shall not keep as much as possible
on the foot-
path, or shall keep any dog accustomed to annoy passengers by barking or
otherwise,
or shall not properly confine any dangerous or savage dog or other animal
belonging
to him, or shall blow any horn, beat any gong or drum, or explode any
firework or
firearm, or shall make any other improper noises likely to endanger,
annoy, or terrify
any persona or horses in any public road or passage, or shawl. commit
such or other
acts anywhere whatsoever in the night-time, so as to create unnecessary
alarms, or if
any person shall expose or proffer for sale in any market, or elsewhere,
any liquor,
meat, fish, vegetable, or other article of food in a tainted, noxious,
adulterated or
unwholesome state, or shall sell any spirituous liquor, without being
duly licensed, 'or
to any intoxicated person, .or shall commit any act of mischief, by
destroying, defacing,
ORDINANCE No. 5 or 1844.

Good order and cleanliness.

removing, or otherwise injuring any property whatsoever, or shall neglect
to affix to
his house and keep alight during the night, such lamp or lanthorn as may
be required
and approved of by the Superintendent of Police, or shall keep any house
for the
occupancy of public prostitutes, olnsball keep or be found in any
gambling shop whereof
notice shall not have been given to the Chief Magistrate of Police, or
shall have in his
possession any spear, bludgeon, or other offensive weapon, or any
crowbar, picklock,
skeleton key, or other instrument fit for unlawful purposes, with intent
to use the same
for such unlawful purpose, or if any persons shall assemble together in
the night-time
without a lawful reason for so assembling, or if any person seeing any
such assemblage,
or knowing or having reason to suspect that such assemblage, was about to
be or had

been made, shall not raise an alarm and give immediate notice thereof to'
t'heA ^ Not givingnotice.

of ettelt asse,o-
blage; Behaving
riotously. Being
drunk; Using,
improper lan-
gangs; Insulting
females; Pro-
voking a breaelt
of the peace; '

Committing

wanton mischief;

Neglecting to
nHis', light to
house.; Keeping
hnuso fur prosti
totes; 1'reqneut-
ing gambling
lnntses; Haring
nnhtwthl imple-
ment in his pos-
session with
intent to use the
same; Asseu,-
bling in the
night-time;

nearest guard house or police station, or if any person shall behave in a
riotous, noisy,
or disorderly manner, although no actual breach of the peace shall take
place, or shall
be seen drunk in any public road or passage, or shall use any profane or
indecent
language, or insult any female in public, or shall make any offensive
jokes, gestures,
or threats towards any one present which shall be likely to create a
breach of the peace,
or shall challenge any one to fight, or if any person shall beg, or
expose any sore or

infirmity to view with the object of exciting compassion and obtaining
alms, or shall Begging or ex-
posing person;
lewdly or indecently expose his person by bathing or otherwise near any
public road, Not t~ ~f.°gucy't~
or shall not be able to give a satisfactory account of himself and o£ his
way of living, a't'nt of nintyele;
or who being abroad at night-time shall not give a satisfactory reason
for so being, or
if any persons shall pretend to tell fortunes, or to exercise any magic
arts, or shall

otherwise impose on the credulity or superstition of any one whatsoever,
with a view to
gain, or shall attempt to defraud any person of any money by pretending
that the same
is counterfeit, or if any person shall play at any game in any public
passage-2r road so
as to obstruct the same or create a noisy assembly therein, or shall
resist any Justice
of the Peace, constable, peace officer, or policeman in the execution o£
his duty, or shall
neglect to assist such officer therein when called upon so to do, or if
any, person
employed as a domestic servant or otherwise shall quit his employer's
service without
giving such warning thereof as shall afford. reasonable time to his
employer to procure
another person to act in his stead, or shall neglect or absent himself
from his duty
without leave, so as to destroy injure or endanger the safety of his
employer's property,
or shall wilfully disobey such employer's lawful and reasonable orders,
or if any person
employed as a guard or watchman shall sleep at his post, or be negligent
remiss ox
cowardly in the execution of his duty, or if any person shall want only
and cruelly
mutilate or otherwise illuse any horse, mule, dog or other animal without
necessity
Then and in every such case the person so offending shall forfeit and pay
to Her
Majesty Her Heirs and Successors for the public purposes of the Colony of
Hongkong
such sum not exceeding two hundred dollars as shall be adjudged in the
manner here-
inafter mentioned.

$, And be it enacted that after conviction for any offence against this
Ordinance,
the offender shall be ordered by the convicting Justice or Justices to do
such act as

(;bests or intp,st-
nres; Playing -
in public roads;
Obstructing or
refusing t0 assist
officer fn his
duty;

Servant quitting
employ without
giving warning
or exposing his
employer's pro-
perty to injury or
wilfully disobey-
ing orders:
Watchmen

sleeping being

negligent or .

cowardly; Cruelly
injuring animals;
Cc. Penalty.

After one convic=
tion offender
liable to double
Penalties.
Ordinance No. 5 of 1844.

Good order and cleanliness.

the subject matter of the case may require and shall be allowed a
reasonable time to
perform such order, but that at the expiration of such time, if he shall
still be an
offender against the provisions of this Ordinance, be shall be liable to
be convicted in
double the penalty formerly inflicted, notwithstanding sucydouble penalty
shall amount
to more than the sum of two hundred dollars, and if such offender shall
still persist in
offending against this Ordinance he shall be liable to be repeatedly
convicted in such
double penalty.

$. And be it enacted that it shall be lawful for the Superintendent of
Police of
the Colony of Hongkong, or other officer duly authorized by the Chief
Magistrate of
l?oliGe of the said Colony, to require any person whose duty it shall be
to remove any
filth or obstruction, or do any other matter or thing required to be done
by this Ordi-
nance, so to do within a certain time to be then fixed by the said
Superintendent of
Police ox other officer, and that in default of such requisition being
complied with, the
said Superintendent of Police or other officer shall and map cause to be
removed such
filth or obstruction, or do or cause to be done such other matter or
thing as aforesaid,
himself, and the person so in default shall, in addition to the penalties
hereinbefore
mentioned, be liable to pay double the expense thereof which shall be
recoverable in the
same manner as any penalty provided by this Ordinance.

4. And be it enacted that the 'penalties provided by this Ordinance shall
be
recovered in a summary manner by proceeding to be had before the Chief,
Marine, or
Assistant Magistrates of Police sitting singly, ox before any two
Justices of the Peace
for the said Colony of Hongkong.

[Repealed by Ordinance No. 14 of 1845.]
Title.
Preamble.
Any person throwing filth into any street or drain;
Negiecting to clean street, drain , or house;
Committing nuisance; Obstructing public road;
Constructing inflammatory buildings;
Encroaching on road or Crown land; Neglecting to remove ruinous buildings;
Throwing ballast into or not removing sunken vessels in the harbour;
Riding or driving on a footpath, or in a furious manner and not keeping the right side;
Keeping savage dogs or other animals;
Making improper noises near any road or in the night-time;
Exposing for sale unwholesome provisions;
Selling spirits without licence or to drunken person;


Committing wanton mischief; Neglecting to affix light to house; Keeping house for prostitutes; Frequenting gambling houses;
Having unlawful implement in his possession with intent to use the same; Assembling in the night-time;
Not giving notice of such assemblage; behaving riotously. Being drunk; Using improper language; insulting females; Proviking a breach of the peace;
Begging or exposting person; Not giving a satisfactory account of himself;
Cheats or impostures; Playing in public roads; Obstructing or refusing to assist officer in his duty;
Servant quitting employ without giving warning or exposing his employer's property to injury or wilfully disobeying orders; Watchmen sleeping being negligent or cowardly; Cruelly injuring animals; &c. Penalty.
After one conviction offender liable to double penalties. 16

Person refusing to comply with this Ordinance.
Superintendent of police to act for him and charge him double the expense.
Recovery of penalties.

Title.
Preamble.
Any person throwing filth into any street or drain;
Negiecting to clean street, drain , or house;
Committing nuisance; Obstructing public road;
Constructing inflammatory buildings;
Encroaching on road or Crown land; Neglecting to remove ruinous buildings;
Throwing ballast into or not removing sunken vessels in the harbour;
Riding or driving on a footpath, or in a furious manner and not keeping the right side;
Keeping savage dogs or other animals;
Making improper noises near any road or in the night-time;
Exposing for sale unwholesome provisions;
Selling spirits without licence or to drunken person;


Committing wanton mischief; Neglecting to affix light to house; Keeping house for prostitutes; Frequenting gambling houses;
Having unlawful implement in his possession with intent to use the same; Assembling in the night-time;
Not giving notice of such assemblage; behaving riotously. Being drunk; Using improper language; insulting females; Proviking a breach of the peace;
Begging or exposting person; Not giving a satisfactory account of himself;
Cheats or impostures; Playing in public roads; Obstructing or refusing to assist officer in his duty;
Servant quitting employ without giving warning or exposing his employer's property to injury or wilfully disobeying orders; Watchmen sleeping being negligent or cowardly; Cruelly injuring animals; &c. Penalty.
After one conviction offender liable to double penalties. 16

Person refusing to comply with this Ordinance.
Superintendent of police to act for him and charge him double the expense.
Recovery of penalties.

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MERCHANT SHIPPING ORDINANCE

ORDINANCE No. 4 of 1844.

Merchant Shipping.

No. 4 of 1844.

An Ordinance to restrain masters of merchant vessels belonging to Her
Majesty's subjects from leaving seamen and others in a destitute
state in the Colony of Hongkong, and from refusing to convey dis-
tressed seamen from thence to England, and also to provide for the
good conduct of seamen within the same.

[ 28th February, 1844.]

WHEREAS by reason of the distance of Hongkong from Great Britain, great delay
and expenseaire incurred in recovering such sums of money as are expended
on Her Majesty's behalf, in conveying home destitute seamen unlawfully left behind
in Hongkong by masters of British merchant vessels.

And whereas it is expedient to effectually provide against masters of
merchant
vessels belonging to Her Majesty's subjects leaving behind seamen or
other persons in
a destitute state in Hongkong, and against .masters of merchant vessels
refusing to
convey distressed seamen thence to England, and also to provide means of
affording
satisfaction to persons who may have suffered injury from the crew of any
vessel
belonging to Her Majesty's subjects.

1. Be it therefore enacted and ordained by His Excellency the Governor of
.Hongkong, with the advice of the Legislative Council thereof; that the
master of every
merchant vessel belonging to any of Her Majesty's subjects, as such
master and in that
character, on his arrival at Hongkong, shall together with sufficient
sureties subject to
the jurisdiction of the Courts of Justice at Hongkong enter into a bond,
conditioned
as and in the form in the schedule to this Ordinance annexed. Provided
always that
only one such bond shall be required within the space of one year, unless
the same
shall become forfeited, and that any bond of a similar nature, taken at
any port in the
dominions of the Emperor of China, and conditioned to extend to Hongkong,
shall be
of the same force and effect as if entered into at Hongkong aforesaid.
Provided also
,chat the Superintendent of the Trade of Her Majesty's subjects in China
may demand
and take such other security as he may deem necessary or sufficient from
the owners
master consignees or other persons interested in any vessel, for the due
performance of
the conditions in such bond as aforesaid, conditioned to extend both to
Hongkong and
the dominions of the Emperor of China, and that thereupon no master of
any vessel,
in respect of which such other security shall be taken, shall be required
to enter into
such bond as hereinbefore mentioned.

2. And be it enacted that the Harbour Master at Hongkong or such other officer
as may be duly authorized in that behalf, shall be entitled to demand and take possession
of such bond, and shall deliver a certificate of the taking thereof to such master as
aforesaid, and that the sureties therein shall be to the satisfaction of and approved by
the said Harbour Master or other officer.

ORDINANCE No. 4 or 1844.

Merchant Shipping.

Yenaity for not
entering into
bond or not
giving other
Is. -It.

Master and ship
detained to be
liable as if bond
entered into.

Proceedings
against the crew
of any ship not
in part, damages
to be paid by
sureties in band
or other security.

Band or other
seenrlty to be pat
)n slit and whole
penalty levied.
Superintendent
at his discretion
to return part
thereof.

3. And be it enacted if any master of such vessel as aforesaid shall
neglect for the
space -of ten days after his arrival at Hongkong, or after the forfeiture
of, or after the
expiration of the space of one year from the previous taking of any such
similar bond,
or shall at any, time upon lawful demand made by tlsaid Superintendent of
Trade for
such other-security, or by such officers as aforesaid for such bond,
neglect or refuse to
enter into the same, or to provide such sureties or other security as
aforesaid, that it
shall be lawful for the said Superintendent of Trade, or for such
officers as aforesaid, to
arrest and detain such master and the vessel commanded by him, until such
time° as
the said demand shall be complied with, and also summarily to impose on
the said
master a fine not exceeding the sum of one hundred dollars, to be paid to
Her Majesty
H'er~Heirs and Successors for the public purposes of the Colony of
Hongkong, and in
case of nonpayment thereof, to forthwith cause the same to be levied of
the apparel
boats tackle.or furniture of the vessel commanded by the said master.

4. And be it enacted that the said master and the said ship whilst so
detained or
arrested shall be subject in every respect to the same liabilities as if
such bond or other
security had been duly entered into.

5. AlSd be it emoted, upon any complaint made of any injury, either iu
person or
property, sustained from the act of any of the crew of any vessel
belonging to Her
Majesty's subjects done or committed within Hongkong or the dominions of
the
Emperor of China, or within 100 miles from the coast of China which said
vessel
shall not then be in Hongkong or in any port in China at which a British
Consular
establishment may exist, and in respect whereof such bond or other
security as afore-
said shall have been entered into, that it shall be lawful for any
competent tribunals
to summon the sureties in such bond or other security as aforesaid to
appear and
answer such complaint, and thereupon to proceed to enquire of hear and
determine
the namo in the absence of the party alleged to have committed the injury
complained
of, and to award such damages, (to be paid and borne by the sureties ill
the bond or
other security aforesaid) toauch injured party, as may be just and
reasonable. Provided
always that such adjudication shall slot be pleadable in bar of any,
criminal proceeding,
instituted in respect of the subject hatter thereof, and that no such
complaint shall be
inquired of or heard unless it shall clearly appear that the party
preferring the same
lags used all possible diligence in so doing whilst such vessel was in
port, and that no
such adjudication of damages or compensation shall be made, if the said
sureties show
special cause for delaying the same, or shall undertake to produce the
party alleged to
have committed the injury complained of, within a reasonable time to be
then fixed by
such tribunal as aforesaid.

6. And be it enacted, that upon any such bond or other security as herein
mentioned becoming forfeited, the same shall be put in suit by such
person as may
lleresfter be duly authorized in that behalf by the said Superintendent
of Trade, and the
whole penalty thereof recovered and levied, but that it shall be lawful
for the Superin-
tendent of Trade aforesaid, uponpetition being made to him to that
effect, to order that
ORDINANCE No. 4 of 1844.

Merchant Shipping.

such part thereof as shall not be actually expended, in consequence of
thebreach of the
conditions of the said bond or other security, or as may nut be required
to liquidate any
legal penalty which may have beenincurred by the toaster or other person
bound thereby,
to be returned to the party or parties from whom the same may have been
levied, at
T
such time and on such conditions as the said Superintendent of Trade may
think fit and
reasonable.

The schedule to which this Ordinance refers.

KNOW all men by these presents that
master of the vessel the
of
and we
British merchants resident at

arc held and
firmly bound unto Her Most Gracious Majesty Victoria, by the Grace of God
of Great Britain and
Ireland Queen, Defender of the Faith, in the fall sum o£ one thousand
lawful current dollars of the
currency of the Colony of Hongkong, to be paid to Her said Majesty, Her
Heirs and Successors, for which
payment to be well and truly made we bind ourselves and each of us for
himself in the whole our and
every of our heirs executors and administrators firmly by these presents
sealed with our seals, dated this
day of 184

WHEREAS the within bound
have agreed to execute this obligation as sureties for the within bound
now the condition of this obligation is such, that if the

master of the vessel the
aforesaid do not within one year from the date hereof

unlawfully discharge or leave behind any of the crew of the said vessel
the
in Hongkong, and also within the space of one year
aforesaid within the limits aforesaid do not refuse to receive on board
the said vessel the
such distressed seamen as may be sent on board thereof
for conveyance to Great Britain, according to the provisions o£ the
statute made and passed in the first year
of the reign of His late Majesty William the Fourth, in tituled ' An Act
to amend and consolidate the
Laws relating to the pay of the Royal Navy,' and if no person formerly a
seaman of the said vessel, or
no subject of Her Majesty conveyed in the said vessel the to Hongkong,
shall within
three calendar months from having been such seamen, or from having been
so conveyed, be found
destitute or requiring public relief in Hongkong aforesaid, and also if
the within named obligors shall
forthwith discharge all or any sums of money which shall be awarded by
way of satisfaction, (in the
manner provided by the ordinance in pursuance of which this bond is
entered into) to any person or
persons by any competent tribunal, for any injury sustained within one
year from the date hereof from
the crew of the said vessel the or any one or more of them. Then this
obligation
shall be void and of no effect, but otherwise shall remain in fall force
and virtue,

within named

Signed sealed and delivered
at
in the presence of

L. S.

[Disallowed in G'. 0: .D., No: 41, 29th April, 1846.
Title.
Preamble.
masters of merchant vessels to enter into bond with sureties, as in form annexed.
Harbour master to take bond and give certificate thereof and approve of sureties.
Penalty for not entering into bond or not giving other security.
Master and ship detaind to be liable as if bond entered into.
Proceedings against the crew of any ship not in port, damages to be paid by sureties in bond or other security.
Bond or other security to be put in suit and whole penalty levied. Superintendent at his descretion to return part thereof.

Title.
Preamble.
masters of merchant vessels to enter into bond with sureties, as in form annexed.
Harbour master to take bond and give certificate thereof and approve of sureties.
Penalty for not entering into bond or not giving other security.
Master and ship detaind to be liable as if bond entered into.
Proceedings against the crew of any ship not in port, damages to be paid by sureties in bond or other security.
Bond or other security to be put in suit and whole penalty levied. Superintendent at his descretion to return part thereof.

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REGISTRARION OF DEEDS WILLS & c. ORDINANCE

Registration of deeds wills & c.

No. 3 of 1844.

An.Ordinance to provide for the registration of deeds wills judgmemts
and conveyances affecting real or immovable property
in Hongkong.
[28th February, 1844.]
Where it is expedient to prevent secret and fraudulent conveyances
in the Colony of Hongkong, and to provide means whereby
the title to real and immovable property may be easily traced and
ascertained. Be it therefore enacted by His Excellency the Governor of
Hongkong and its dependencies, with the advice of the Legislative Council
thereof, that from and after the passing of this Ordinance, the Land Office
in the said Colony shall be a public office for the registration of deeds
conveyances and other instruments wills and judgments in manner
hereinafter mentioned: and that all conveyances and other deeds, wills and
devises and other instruments in writing, now or hereafter to be made or
executed, and all judgments hereafter to be obtained, by which conveyances
deeds and other instruments in writing wills and judgments, any parcels
of ground, tenements or premises in Hongkong aforesaid or its dependencies
now are, or shall or may hereafter be affected may be entered and registered
in the said office in the manner hereinafter directed.
2. And be it futher enacted that all such judgments and conveyances
or instruments in writing obtained made or executed respectively after
the passing of this Ordinacne, and registered in pursuance hereof, shall
have priority one over the other according to the priority of their respective
Notice oA
-

n_ egiatered
i ~trument
not to affect
instruments
duly regis-
tered.

Such instru.
went to be
regiatnerede
withi a
certain time
after execu-
tion.

Mode of re~ie.
tration by a
memor*l .
corlta~ing _
certain-'parti-
culars ;to be ,
delivered to - .
the Land..
Offlcer.

ORDINANCE No. 8 0F 1844.

Registration of deeds wills 4e.

dates of registration, and that all such. judgments deeds conveyances or
instruments in writing as last aforesaid, and all future devises which
shall
not be registered in pursuance of this Ordinance shall (as against any
subsequent bona fide purchaser or mortgagee of the same parcels of ground
tenements or premises for valuable consideration) be absolutely null and
void to all intents and purposes. Provided that nothing herein contained
shall extend to bona fide leases at rack rent for any term not exceeding
three years.

~. And be it enacted that no notice whatsoever, either actual or
constructive, of any prior unregistered deed judgment will conveyance or
instrument in writing, shall affect the priority of any such instrument as
aforesaid as shall be duly registered in pursuance of this Ordinance.

4. And be it further enacted that all judgments deeds wills conveyances
or instruments in writing hereafter obtained made or executed, which shall
be duly registered within the respective times next mentioned: that is
to say, all deeds conveyances and other instruments in writing (except
wills) which (%f executed in Hongkong or its dependencies) shall be
registered within one month, or which if executed in any other place shall
be registered within twelve months after , the time o£ execution thereof
respectively, and all wills which (if the devisor die in Hongkong or its
dependencies) shall be registered within one month, or which (if the
devisor die in any other place) shall be registered within twelve months,
after the decease of every devisor respectively, and all future judgments
which shall be registered within one month after the entry or recording
thereof, shall severally be in like manner entitled to priority, and shall
take effect respectively by relation to the date thereof, only in the same
manner as if this Ordinance had never been made.

S. And be it further enacted that the registration intended by this
Ordinance shall be made in manner following: that is to say; a memorial.
containing tire particulars hereinafter specified shall be.delivered into
the
said Land Office, signed (in case of deeds conveyances or other
instruments
in writing except w ills). by some or one of the parties to the original
deed
or instrument, or if such parties be dead or absent from the Colony, then
by one or more of the witnesses to such deed or instrument, and (in case
of wills rind devises) signed by some or one of the devisees or his or her
guardian or trustees, and (in case of judgments) signed by the plaintiff
or plaintiffs: and every such memorial shall be verified by the oath of
ORDINANCE No. 8 op 1844.

Pegistrdtion of deeds wills atc.

i3ome competent person, that the same contains a just and true account of
the several particulars therein set forth, which oath shall be taken
before
the * Chief Magistrate of Pglice, or before any Justice of the Peace of
the

said Colony.

6. And be it further enacted that every memorial of any judgment
shall contain the following particulars; that is to say, the names and
additions of the plaintiffs and defendants respectively, the sum' thereby
recovered or secured, the time of entry or recording the same, and the sum
of money bond fide due thereon; and every memorial of any deed or
conveyance will or other instrument shall contain and set forth the dale
of
such deed conveyance will or other instrument, and the particular nature
and object thereof the names and additions of all the parties to such deed
conveyance or instrument, and of the devisor devisee or devisees of such
will, and the names and additions of all the witnesses thereto, and shall
especially particularize and express the parcels of ground tenements and
premises affected or intended to be affected by such deed conveyance will
or instrument, and the proper and ordinary or accustomed names of the
places where the same shall be situated, and (except in cases of wills)
the
pecuniary or other consideration for the same, in the form or to the
effect
of the form numbered i in the schedule. hereunto annexed. Provided
always, that when there shall be more writings than one for perfecting.the
same conveyance devise or security affecting the same parcels of ground
tenements and premises, all such writings shall be stated in one and the
same memorial, in which it shall be sufficient to particularize such
parcels
tenements and premises only once.
7. And be it further enacted, that on delivery of any such memorial
as aforesaid, the said Land Officer shall number the same according to the
order of time in which it shall have been so delivered, and shall give a
receipt for the same, in which receipt shall be specified the certain day
and
time of day when such memorial shall have been so delivered, and the
proper number thereof in the Register of the said Land Office, and he
shall
also in like manner immediately indorse on the back of such memorial a
certificate, containing the day and time of day when the same was so
delivered, and the name and place of abode of the person verifying the
same
and shall sign the certificate when so indorsed and such certificate
shall be
taken and allowed as evidence of the registration, and time of
registration
of every such. judgment deed will devise conveyance or other instrument

whereof such memorial shall be so made.

[* See Ordi-
namae No. E
of zesz,]

Particulars
which it is
necessary for
the memorial
to contain.

such memo.
rial to be
numbered by
the Land
Officer and a,
receipt to be
given for the
same and'
LandOfficer r
shall endorse
thereon a
certificate of
the day and
hour when
suchmemorial
was delivered
into his office,
such certifi-

cate to be -
evidence of
the time of

registrAtion of
the memorial.
ORDINANCE No. 3 0F 1844.

Registration of deeds wills ~c.

$. And be it further enacted that every such memorial shall, as soon
after the receipt thereof as practicable, be carefully registered by the
Land
Officer, in regular succession as received, according to its proper
dumber,
in a particular book to be kept by him for that purpose, and shall
afterwards
be deposited by him in some secure place in hid office, and there kept for
future reference when required, and he shall also keep an index of the
parcels of ground tenements and premises mentioned in every such
memorial, and also a like index or indexes .of the names of the several
parties to conveyances and other deeds and instruments, and of devisors
Pnd uevisees in wills, and o£ the plaintiffs and defendants in case of
judgments with accurate references in all such indexes respectively to the
number and page of registry of the memorial to which any entry in-such
index or indexes shall relate.

9. And be it further enacted that in case of mortgages and judgments
registered in pursuance of this Ordinance, if at any time afterwards such
verified certificate as is hereinafter next mentioned shall be brought
;.to the
said Land Officer, signed by the respective mortgagors and mortgagees or
plaintiffs and defendants or their agents respectively, and attested by
two
credible witnesses, whereby it shall appear that the ~whole'of the monies
due on any such mortgage or judgment have been fully paid, or that such
mortgage or judgment is otherwise satisfied, then the said Land OMcer
shall, make a short entry or memorandum thereof on the memorial and, on
the margin of the registry of such mortgage or judgment, and shall after-
wards carefully register the same certificate in one of the registry
books of
his office, and the Land Officer, shall make an entry thereof in his
index or
indexes, referring accurately to the page of registry of such certificate.

10. And be it further enacted that every such certificate shall contain
the following particulars; that is to say, in case of judgments the
names and additions of the plaintiffs and defendants, the time of entering
up or recording -the same, the sum or sums thereby recovered, the date or
dates of payment or other satisfaction of the amount bond fide due
thereon,
and in case of mortgages the names and additions of the original parties,
the date of the instrument, the sum thereby secured, and the time or times
of payment or other satisfaction thereof, and every such eertific.e,
shall tie
verified by the oath of some competent person, that the same contains a
just and true account of the several particulars therein set forth, which
oath shall be made and taken before the said Chief Magistrate, or before

memorial

'. fi35e r~gia.-
teftd . as soon
as possible in
`a.groper book
and be aepo-
slWl`in a
secureplaoein
the office.

Lend Officer to
keep an index
df places and
names con-
iected with
the instru-
ments so re-
gistered with
correct refer.
ences to the
proper page
of the re-
gistry book,

In case of
mortgages
and judg- ,

gents Land
~.pfEcex shall
enter satiafac-
tion for the

acne on re.
` petving a veri

:1~e~1 certificate

od.
rl

Form, of the
certificate of
satisfaction
ou a judgment
or znorEgage.
ORDINANCE No. 3 of 1844.

Registration of deeds wills ~c.

any, Justice of the Peace of the said Colony, and on the back of such
verified
certificate the Land Officer ~shall immediately indorse the date when the
same was: received by him, an4 the name and place of abode of the person
verifyinthe same and the sA-id certificate shall after being so indorsed
?and entered as aforesaid be safely kept in his office for future
reference
4
;
when, required.

11. -;And be it further enacted that it shall be lawful for any person.
Any person

may deposit -
or person's whatsoever to deposit in the said Land Office for safe
custody ^n the said,

officer'
any conveyance deed power of attorney or instrument in writir-,,deed~iuer

other inatru-
whatsoever or his or her last will and testament of which deeds wills
went for safe
conveyances or other instrument the said Land Officer shall (first giving
a enst°dy'

receipt fdr. the same) immediately make an entry or entries in a book to
be kept,., for that purpose to which book he shall keep an accurate
alphabetical index having reference therein as well to the name of the
testator or parties to each such deed or instrument as to the person
wills then se
or persons depositing the same and the said Land Officer shall. carefully
deposted ; dyr
end securely keep all such deeds wills or other instruments in his said
to an sped
office until required by 'the party or parties depositing the same to
deliver , envelope, seal

,them back again. Provided that every such will or testament shal be=
ottestatnx.:=:
enclosed within a cover or envelope, sealed with the seal of the testator
or testatrix, whose name shall be endorsed by the Land Officer on such

envelope or cover, and every such will shall remain in the said office
until the decease of the testator or testatrix unless he or she shall
previously require the salve to be delivered back, and upon the death of
the testator or testatrix the said Land Officer shall (after examining
such will) deliver the same to the executor first named therein, or to
such other person as shall be duly authorized to receive the same.

12. And be it further enacted that if the said Land Officer or any
other person employed in the said Land Office shall wilfully neglect or
omit
to number register or enter in manner hereinbefore directed any memorial
or certificate delivered into the said bffice, he shall for every such
offence
forfeit and be liable to pay to Her Majesty, Fier Heirs and Successors for
the public purposes of the said Colony, the penalty or sum of five hundred
dollars, and'bfurther liable in damages td the party injured to the
Alent of the loss or injury sustained. And if the said Land Officer or
any clerk or person whatsoever shall wilfully destroy embezzle or secrete
forge counterfeit raze deface. or alter any memorial or any part thereof
or

0 the death
o testator
land Officer
shall deliver

the will to
the first
named execu.
for or to any
person order-
ed to receive
the same.

1'enaltv nn
Land Offi.edr
or subordi-
nate officers
wilfully
neglecting
their duty.

Wilful des- _
ttuetiou £or-:.

fiery or altera-
tion 6f any

registered; .
instrurneini'
with infei t to
Fees to be
taken by the
Land Officer.

defraud or
injure
punishable
with 7 or 14
years trans-
portation.

OR.DINA.fChJ No. 3 of 1844.

Registration of deeds wills 8,rc.

any indorsement made thereon or any entry or registry thereof in any book
in the said office, with intent to defraud or injure any person or
persons,
such Land Officer clerk or person so offending shall be guilty of felony,
and
being thereof' duly convicted shall be liable >~b be transported beyond
seas
for any term not less than seven years and not exceeding fourteen years.

Correction to 13. And be it enacted that all corrections by erasure inter]
ineation
st gnat ue of y or . otherwise in any memorial of the registry o any
document required
Land Officer. to be registered by this Ordinance shall be noted and set
forth at length
~n rid ink in the margin of the memorial wherein they may be made
together with the reasons for making the same and shall be attested and,

verified by the signature of the Land Officer for the time being.

14. And be it further enacted that the several fees or sutras of money,-,
mentioned in the list numbered 2 in the said schedule (and no higher ors
other fees) shall be demanded and paid by and to the said Laud Officer
for `
and in respect of the several matters and things to be by him performed
and done under or by virtue of this Ordinance, and the sand Laud Officer=
is hereby required to keep an accurate account of such fees and to pay:.
over the same to the Colonial Treasurer for tire -public purposes of the
Colony of IIongkong.

Sclzedmle referred to ~g dais Ordinance.
No. 1.

1. Date of will or instrument.

2. Nature and object thereof.

3. Names and additions of the pardon or devisors or <levkee::.

4. -Names ;cud additions o£ the witnesses thereto.

5. Description o£ the land or premises conveyed in or affected
by the deed or will.

6. Name and description of the place where situate.

i. Consideration and to whom and how paid.

8. Any other particulars the ease may require.

No. 2.

1. For registering every assignment mortgage or other
alienation ,.

2, For registering every will or judgment or receiv-
ing any verified certificate ........................

3. Far receiving for safe custody any deed will or
other instrument ....................................

4. For every search ..........................................

5. For certificate of receipt of any document or
certifying a copy thereof and every other

certificate .

C. For every uncertified copy of any will deed memo- l 25 cents,
rial or other instrument per folio of 80 words J

5 dollars.

5 dollars.

1 dollar.

5 dollars.
5

Title. [See Ordinance No. 10 of 1856 as to 'Lis Pendens.']
Preamble that it is desirable to facilitate the tracing of titles to landed property.
Establishment of a Registry Office.
From the passing of this Ordinance all instruments affecting land may be registered within the said office.
Such instruments to have priority according to their respective dates of registration.

Notice of unregistered instrument not to affect instruments duly registered.
Such instrument to be registered within a certain time after execution.
Mode of registration by a memorial containing certain particulars to be delivered to the Land Officer.
[* See Ordinance No. 6 of 1862.]
Particulars which it is necessary for the memorial to contain.
Such memorial to be numbered by the Land Officer and a receipt to be given for the same and Land Officer
shall endorse thereon a certificate of the day and hour when such memorial was delivered into his office,
such certificate to be evidence of the time of registration of the memorial.
The memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the office.
Land Office to keep an index of places and names connected with the instruments
so registered with correct references to the proper page of the registry book.
In case of mortgages and judgments Land Officer shall enter satisfaction fo rthe same on receiving a verified certificate as after described.
Form of the certificate of satisfaction on a judgment or mortgage.
Any person may deposit in the said office any deed will or other instrument for safe custody.
Wills when so deposited for safe custody to be wrapped up in an envelop under the seal of testator or testatrix.
On the death of testator Land Officer shall deliver the will to the first named executor or to any perosn ordered to receive the same.
Penalty on Land Officer or subordinate officers wilfully neglecting their duty.
Wilful destruction forgery or alternation of any registered instrument with intent to
defraud or injure punishable with 7 or 14 years transportation.
Correction to be verified by signature of Land Officer.
Fees to be taken by the Land Officer.

5

Title. [See Ordinance No. 10 of 1856 as to 'Lis Pendens.']
Preamble that it is desirable to facilitate the tracing of titles to landed property.
Establishment of a Registry Office.
From the passing of this Ordinance all instruments affecting land may be registered within the said office.
Such instruments to have priority according to their respective dates of registration.

Notice of unregistered instrument not to affect instruments duly registered.
Such instrument to be registered within a certain time after execution.
Mode of registration by a memorial containing certain particulars to be delivered to the Land Officer.
[* See Ordinance No. 6 of 1862.]
Particulars which it is necessary for the memorial to contain.
Such memorial to be numbered by the Land Officer and a receipt to be given for the same and Land Officer
shall endorse thereon a certificate of the day and hour when such memorial was delivered into his office,
such certificate to be evidence of the time of registration of the memorial.
The memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the office.
Land Office to keep an index of places and names connected with the instruments
so registered with correct references to the proper page of the registry book.
In case of mortgages and judgments Land Officer shall enter satisfaction fo rthe same on receiving a verified certificate as after described.
Form of the certificate of satisfaction on a judgment or mortgage.
Any person may deposit in the said office any deed will or other instrument for safe custody.
Wills when so deposited for safe custody to be wrapped up in an envelop under the seal of testator or testatrix.
On the death of testator Land Officer shall deliver the will to the first named executor or to any perosn ordered to receive the same.
Penalty on Land Officer or subordinate officers wilfully neglecting their duty.
Wilful destruction forgery or alternation of any registered instrument with intent to
defraud or injure punishable with 7 or 14 years transportation.
Correction to be verified by signature of Land Officer.
Fees to be taken by the Land Officer.

https://oelawhk.lib.hku.hk/items/show/7

PRINTING REGULATION ORDINANCE

Printing Regulation.

No. 2 of 1844.

An Ordinance to regulate the printing of books and papers, and the
keeping of printing presses within the Colony of Hongkong.
[28th February, 1844.]

BE it enacted, that from and after the first day of April now next ensuing, no
printed periodical work whatever, containing public news or comments on public
news, shall be published within the Colony of Hongkong, except in conformity with
the rules hereinafter laid down.

(1.) The printer and the publisher of. every suet periodical work shall appear
before the Chief Magistrate of Police at Hongkong, and shall make and subscribe
in duplicate the following declaration ' I A. B. declare that I am the printer
' (or publisher, or printer and publisher) of the periodical work intitled
' and printed (or published,
'or printed and publislied) at Hongkong,'
and the last blank .in this form of declaration shall be filled up with a true and precise
account of the premise where the printing or publication is conducted.

(2.) As often as the place of printing or publication is changed a new declaration
shall be necessary.

(3.) As often as the printer or the publisher, who shall have made such
declaration
as is aforesaid, sball leave the Colony of Hongkong, a new declaration
from a printer
,or publisher resident within the said Colony shall be necessary.

2. And .be it enacted, ,that whoever shall print or publish any such
periodical
work as is berpinbefore prescribed, without conforming to the rules
hereinbefore laid
down, or whoever sball print or publish, or shall cause, to be printed or
published, any
such periodinal work, knowing that the said rules have not been observed
with respect
to that work, shall on conviction be punished with fine, to an amount not
exceeding
three thousand dollars, and imprisonment for a term not exceeding two
years.

3. And be it enacted, that each of the two originals, ,of every
declaration so
made and subscribed as is aforesaid, shall be authenticated by the
signature and seal
of the said Chief Magistrate of Police; and one of the said originals
shall be, deposited
among the, records of the office, of the said Chief Magistrate, and the
other original
shall be deposited among the records of such Supreme Court of Judicature as may

perron cfeslng to
be prioter or
pa~lieher jo
make dealsration

ORDINAINCE No. -2 of 184.

Printing Regulation,

hereafter be established in Hongkong, and the officer, in charge of each
original, shall
allow any person to inspect that original, on payment of a fee of one
dollar, and shall
give to any person applying a copy of the said declaration, on payment of
a fee of two
dollars.
copyotaecaarar ¢, And be it enacted, that in any legal proceeding
whatever, as well civil as cri_
tion Ib e
evidence. urinal, the production of a copy of such a declaration as is
aforesaid, attested by the
seal of such Magistrate or Court, as are ,empowered by this Ordinance to
have the
custody of such declarations, shall be held (unless, the contrary be
proved) to be sufii.

cient evidence, as against the person whose )lame shall be subscribed to
such declaration,
lat the said person was printer or publisher or,printer and publisher
(according as
the words o£ the said declaration may.be). of every portion of every
periodical work
whereof the title shall correspond with the title of the periodical work
mentioned in
the said declaration. ,
$, Provided always, that any person who may have subscribed any such
declare.
tion as is aforesaid, and who may subsequently cease to be the printer or
publisher of
the periodical work mentioned in such declaration, may appear before such
Chief
Magistrate as aforesaid, and make anal subscribe in duplicate the
following declaration.
'° p .A:. B. declare that : have ceased to be the printer (or publisher,
or printer
4 and publisher) of the periodical work -entitled
'° a ' and each original of the latter declaration shall be
authenticated by the signature and seal of the said Chief Magistrate, and
one original
of the said latter declaration shall be filed along with each original of
the former
declaration, and the officer in charge of each original of the latter
declaration shall
allow any person applying to inspect that original, on payment of a fee
of one dollar,
and shall give to any person applying a copy of the said latter
declaration, attested by
the seal of the Magistrate or Court having custody of the original, on
payment of a fee
of two dollars.
And be it enacted, that in all trials in which a copy attested as is
aforesaid of
the former declaration shall have been put in evidence, it shall be
lawful to put in
evidence a copy attested as is aforesaid of the latter declaration, and
the former deelar.
anon. shall not be taken to be evidence, that the declarant was, at any
period subse-
quent to the date of the latter declaration, printer or publisher of the
periodical work
therein mentioned.

ZCop of such
ration to be
aauttteiraa-

Every book or
paper t9 pdntain
name ofprfnter
or publisher and
p?ace of printing
or pnbltcattop.'

Declaration by
the-possessor of
any printing
press:

'l. And be it enacted that every hook or paper, printed after the passing
and
publishing o£ this Ordinance, within the Colony of Hongkong, shall have
printed on, it
at the end thereof the name of the printer and of the publisher, and the
place of printing
and of publication, and whoever shall print or publish any book or paper,
otherwise
than in, conformity with this rule, shall on conviction be punished by
fine, to an amount
not exceeding three thousand dollars, and by imprisouzxtant for a term
not exceeding
two years.

8. And be it enacted, that after the first day of April now next ensuing
no person
shall within the Colony of Hongkong keep in Ws possession any gross for
the printing
ORDINANCE No. 2 of 1844.

Printing Regulation.

of books or papers, who shall not have made and subscribed the following
declaration
before the Chief Magistrate of Police at Hongkong; and whoever shall keep
in his
possession any such press, without making such a declaration, shall on
conviction be
punished by fine, to au amount, not exceeding three thousand dollars, and
by imprison:
ment for a term not exceeding two years.

'I A. B. declare that I have a press for printing at

' and this last blank shall be filled up with a true and precise

description of the premises where such press may lie.
9. And be it enacted, that any person who shall, in making any
declaration under ranianment and
the authority of this Ordinance knowingly, affirm an untruth shall on
convict oiT penalty any Ube
maki
y ~ 13 ~i declaration.

thereof be punished by fine, to an amount not exceeding three thousand
4ollars, aim
imprisoned for a term not exceeding two years.

Repealed by Ordinance No. 6 of 1886.
No newspaper to be published save in accordance with the rules hereinafter mentioned.
Printer and publisher to make declaration.
New declaration on change of residence.
New declararion on former printer or publisher leaving the Colony.
Punishment and penalty for non-observance of above rules.
Declaration to be deposited in office of Chief Magistrate and in the Supreme Court.
Copy of declaration to be evidence.
Perosn ceasing to be printer or publisher to make declaration thereof.
Copy of such declaration to be admitted as evidence.
Every book or paper to contain name of printer or publisher and place of printing or publication.
Declaration by the possessor of any printing press.
5

Punishment and penalty for making any false declaration.

No newspaper to be published save in accordance with the rules hereinafter mentioned.
Printer and publisher to make declaration.
New declaration on change of residence.
New declararion on former printer or publisher leaving the Colony.
Punishment and penalty for non-observance of above rules.
Declaration to be deposited in office of Chief Magistrate and in the Supreme Court.
Copy of declaration to be evidence.
Perosn ceasing to be printer or publisher to make declaration thereof.
Copy of such declaration to be admitted as evidence.
Every book or paper to contain name of printer or publisher and place of printing or publication.
Declaration by the possessor of any printing press.
5

Punishment and penalty for making any false declaration.

https://oelawhk.lib.hku.hk/items/show/6

SLAVERY ORDINANCE

ORDINANCE No. 1 of 1844.

Slavery.

No. 1 of 1844.

An Ordinance to define the law relating to slavery in Hongkong.

[28th February, 1844.]

WHEREAS it is expedient to define and promulgate the law respecting slavery
in the Colony of Hongkong.

1. Be it therefore enacted and declared by the Governor of Hongkong, with the
advice of the Legislative Council thereof, that the laws of England prohibitory of
slavery, together with the punishments and penalties provided therein, shall be in full
virtue and operation and shall be duly enforced and infiicted in the said Colony, save
as hereinafter excepted.

2. And be it enacted, that every one whatsoever using or treating, or attempting
to use or treat, any person as a slave in Hongkong, shall upon conviction thereof
before the Chief Magistrate of Police of Hongkong, or before such Court of Justice as
may hereafter be established in Hongkong, be liable to be imprisoned for any period
not exceeding two years, with or without- hard labour and corporal punishment, and
shall forfeit to Her Majesty Her Heirs and Successors, for the public uses of the said
Colony of Hongkong, such sum not exceeding five hundred dollars for each offence,
and also such other additional sum not exceeding two hundred dollars to be paid to
any person giving information of the said offence, as shall be adjudged by the said
Chief Magistrate or Court aforesaid.
3. And be it enacted that if any person, not being a subject of Her Majesty,
shall come within the precincts of the Colony of Hongkong, bringing with him any
person previously a slave, and shall not forthwith on being lawfully requested, or
within ten days after his arrival as aforesaid (whether thereto being required or not)
convey such previous slave before the Chief Magistrate of Police at Hongkong, or
before the nearest Justice of the Peace, such person shall, on being convicted thereof
as aforesaid, be liable to be imprisoned for any period not exceeding six months, with
or without hard labour and corporal punishment, and shall forfeit to Her Majesty Her
Heirs and Successors, for the public uses of the Colony, such sum not exceeding one
hundred dollars for each offence,,and also such additional sum not exceeding fifty
dollars, to be paid to the person giving information of the said offence, as shall be
adjudged as aforesaid.
4. And be it enacted, on any such previous slave being produced before such
Magistrate as aforesaid, that it shall be explained to hmi, apart from his former owner,
that slavery is prohibited in the Colony of Hongkong, and that he is free to depart
whithersoever he pleases, and such Magistrate as aforesaid shall take due care that
such liberty is freely exercised.
5. And be it enacted in case of any such previous stave expressing a, wish to
remain with his former owner, that such owner shall, together with two approved
sureties, resident householders in Hongkong aforesaid, enter into a bond, to Her
We for inter.
p etiag this and
ocher ordiVane98.

ORDINANCE No. 1 of 1_844.

Slavery.

cpadittoned fdr
non-removal Of
lave,

slave to Us Sup.
ported and sp-

=d: In case
t re-,,

..

inaintag with
Former owner, or
of former oiKaer
sot entsrtg into
bond.

Majesty in the sum of five hundred dollars, conditioned against the
removal of such
previous slave from the Colony of Hongkong by his said former owner,
without the
said previous slave having been produced before the Chief Magistrate, or
any other
Justice of the Peace of the said Colony of Hongkong; And examined apart
as to his
voluntarily departing with his said former owner, and being. informed
that by his so
doing be will revert to his former state of slavery,

6. And be it enacted in cane any such previous slave shall at any time
leave his:
former owner, or in case such former owner shall be unable or unwilling
to enter into
such bond as aforesaid, that such previous slave shall be maintained at
the public coat,
li tl such time as he is enabled to gain his own. livelihood; and the
Chief Magistrate
nizJresaid is hereby authorized, with the approbation of the Governor in
Council, to
apprentice or otherwise place out such previous slave as- aforesaid, with
a. view to his.
obtaining a livelihood by his owe labour.

siavstunnd;n 7. And be it enacted, if any such previous slave as last
aforesaid shall' te

owner~

proof ofor thereafter found in the possession or employment of his former
owner, that such
-due, hiring to lay
tptrma* possession or employment shall be deemed prind facie proof of
such owner having
owner.
unduly repossessed himself of the said previous slave; and such owner in
default of
rebutting such presumption shall be liable to the penalties herein
arflased to the'

Liabilities Inctir.
red by any pereon
no,-glviag infor.
mation oP owner
of,davee lab&-,,
bltingLphon~

treating or using any one as a slave in Hongkong.

. $. .And be it enacted, that any person knowingly receiving in his;
house any one
having any person previously a slave in his possession, or a person used
or intendecT
to be used ox claimed as 'such, and not giving immediate information
thereof to the
Chief Magistrate of Hongkong or the nearest Justice of the Peace, shall
upou
conviction thereof before the Chief Magistrate, or such Court at Hongkong
as herein
aforesaid, be liable to be imprisoned for any period not exceeding three
months, with
or without hard labour end corporal punishment, and shall forfeit such
sum not
exceeding one hundred dollars for each offence, and also such sum not
exceeding fifty
dollars to be paid to the person giving information of the same; as shawl
be adjudged
in manner aforesaid.

=es to be 9. And be it enacted that the punishments and penalties herein
provided shall

Ory.

be held and deemed to be in addition to those inflicted by the law of
England for any
offence mentioned herein, and not in any way in the stead, lieu, or
substitution thereof.
Provided always and it is hereby enacted that no part of any sum
forfeited, and declared
by the laws of England to be payable to any informer, shall be paid to
such informer
without the express direction of the Chief Magistrate or Court aforesaid,
who shall
have full power to make such deductions therefrom as may be deemed
expedient.

10. And be it enacted that whenever this or any other ordinance, in
describing
or referring to any offence, or the subject matter on, or with respect to
which it shall
be committed, or the offender or, the.. party affected or intended to be
affected by
the offence, bath used or shall 'use words importing the singular number
or' the
masculine gender only, yet the ordinance shall be understood to include
several
ORDINANCE No. 1 of 1844.

Slavery.

matters as well as one matter, and several persons as well as one person,
and females
as well as males, and bodies corporate as well as individuals, unless it
be otherwise
specially provided, or there be something in the subject or context repugnant to such
construction.

[Disallowed in C.O.D., No. 26, 12th August, 1844.]
1
Title.
Preamble.
Laws of England prohibitory of slavery to be in force at Hongkong.
Liabilities incurred by every one treatng any person as a slave in Hongkong.
Liabilities incurred by foreigners coming to Hongkong with slaves and not conveying them before Chief or other Magistrate.
Slave produced before Magistrate to be set free.
Owner of slave retaining slave in his service to enter into a bond with sureties conditioned fornon-removal of slave.
Slave to be supported and apprenticed in case of his not remaining with former owner, or former owner not entering into bond.
Slave found in service of former owner proof of due hiring to lay upon former owner.
Liabilities incurred by any person not giving information of owner of slaves inhabiting his house.
Penalties to be cumulatory.
Rule for interpreting this and other ordinances.

3

1
Title.
Preamble.
Laws of England prohibitory of slavery to be in force at Hongkong.
Liabilities incurred by every one treatng any person as a slave in Hongkong.
Liabilities incurred by foreigners coming to Hongkong with slaves and not conveying them before Chief or other Magistrate.
Slave produced before Magistrate to be set free.
Owner of slave retaining slave in his service to enter into a bond with sureties conditioned fornon-removal of slave.
Slave to be supported and apprenticed in case of his not remaining with former owner, or former owner not entering into bond.
Slave found in service of former owner proof of due hiring to lay upon former owner.
Liabilities incurred by any person not giving information of owner of slaves inhabiting his house.
Penalties to be cumulatory.
Rule for interpreting this and other ordinances.

3

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