BOYCOTT PREVENTION ORDINANCE, 1912

BOYCOTT PREVENTION ORDINANCE, 1912

No. 41 of 1912.
To prevent the undue and improper interference with or hamper-
ing or lawful business and commercial undertakings.

[20th December, 1912.]

1. The Boycott Prevention Ordinance, 1912.

2. In this Ordinance:-

Boycotting--- means and includes the use of any words; or the
importing, making, printing, reproducing, having in possession,

having under, control, placarding, posting, disseminating, or in any
other manner whatsoever dealing with any printed, written, or
otherwise produced documents, papers, matter, or pictorial re-
presentations; or the doing of any acts; intended or calculated to
persuade or induce any person or persons
(a) not to let, hire, use, make use of, or occupy any immovable
or movable property in any lawful manner; or
(b) not to deal with, trade with, work for or hire in any lawful
manner any person or persons in the ordinary course of trade, busi-
ness, occupation, employment, or undertaking; or
(c) not to carry out or comply with the requirements of the Law;
or





(d) to refuse to comply with or to interfere with the administra-
tion of the Law.

Intimidation includes any words or acts intended or calculated
to put any person in fear of any injury or danger to himself, or to
any member of his family, or to any person in his employment, or
in fear of any injury to or loss ot property, business, employment,
means of living, or membership of or status in any society as defined
in this Ordinance.

---Person--- includes the public generally or any portion of the
public or any society as defined. in this Ordinance.

Society--- includes any company, corporation, club, guild or
any conibination or association of any kind whatsoever consisting of
more than two persons whether such coinbination or association. bc
known or designated by any distinctive name or not.

3. Any person who shall be a member of or take part in any
society which shall use violence, threat, or intimidation to or
towards any person or persons with the view of causing any person
or persons either to do any act which such person or persons has
or have a legal right to abstain from doing or to abstain from doing
any act which such person or persons has or have a legal right to do
shall be deemed to have committed an offence against the provisions

of this Ordinance.

4. Any person who shall use violence, threat, or intimidation to
or towards any person or persons with the view of causing any per-
son or persons either to do any act which such person or persons
has or have a legal right to abstain from doing or to abstain from
doing any act which such person or persons has or have a, legal right
to do shall be deemed to have committed an offence against the
provisions of this Ordinance.

5. Any person who shall commit boycotting as defined in this
Ordinance shall be deemed to have committed an offence against the
provisions of this Ordinance,

6. Any person who shall aid, abet, incite, induce, or attempt to
incite or induce any person or persons to commit any offence agains
the provisions of this Ordinance shall be deemed to have committed
an offence against the provisions of this Ordinance.





7.-(1) Any person who commits any offence against the provi-
sions of this Ordinance shall be guilty of a misdemeanor and shall
be liable upon summary conviction to a fine not exceeding 1,000
dollars and to imprisonment for any period not exceeding one year in
addition to any other penalty or civil claim to which such person
may be legally liable In respect by any act committed by him in or

in connection with the conimission by him of any offence against
the provisioDs of this Ordinance.

(22) Any printed, written, or otherwise produced documents,
papers, matter, or pictorial representations seized in connection
with any prosecution relating to the commission of any offence
against the provisions of this Ordinance and which shall be in the
opinion of the Magistrate before whom such prosecution may have
been brought such as may be intended or calculated to persuade or
induce any person or persons to coinmit or to aid, abet, incite, or
induce any person or persons to commit any offence against the
provisions of this Ordinance shall be confiscated and dealt with as
such magistrate may direct.

8. It shall be, lawful for any Justice of the Peace or -Magistrate
upon the application of any offleer of Police or the person em-
ployed under the provisions of this Ordinance for the purpose of
carrying out ellectively the provisions of this Ordinance to issue to
such officer or person a warrant authorising such officer or person
to enter with or without assistance using force in either ease if

necessary into any dwelling house or other building or any place
where such officer or person may have reasonable cause to believe
that there are any printed, written, or otherwise produced docu-
ments, papers, matter, or pictorial representations intended or cal-
culated. to persuade or induce any person or persons to commit or
to aid, abet, incite, or induce any person or persons to commit any
offence against the provisions of this Ordinance and having entered


upon such premises to search for the same and any such printed,
written, or otherwise produced documents, papers, matter, or
pictorial representations so found on such premises shall be there-
upon seized by such police officer or person and shall be forthwith,
as soon as may be, taken by such police officer or person before
Magistrate who shall in he is of the opinion that such printed
written, or otherwise produced documents, papers, matter, or
pictorial representations are intended or calculated to persuade or
as amended by no. 43 of 1912 supp sched.






induce any person or persons to commit or to aid, abet, incite, or
induce any person or persons to commit any offence against the
provisions of this Ordinance order the same to be confiscated and
dealt with in such manner as he may direct.

9.-(1) The governor-in-council may whenever it shall appear
to him desirable for the prevention, detection, or punishinent of
offences against the provisions of this Ordijiance declare by Pro-
clamation published in the Gazette that any area in the Colony shall
be deemed to be a boycotting area.


(2) Upon any such area being declared to be a boycotting area in
manner provided in the preceding sub-section the Governor-in-
Council may order by Proclamation published in the, Gazette that
a special rate be levied upon such proclaimed area.

(3) Any such order lor the levy and payment of a special rate as
aforesaid shall prescribe the amount of such rate, the class or classes
of property upon which such rate shall be levied, and the period for
which such rate shall be levied.

(4) The payment of any speelal rate imposed under the provisions
of this section shall be made and shall be capable of being enforced
in the same manner as are rates levied under the provisions of the
Rating Ordinance, 1901, provided however that notwithstanding any
express or implied agreeinent as to the payment of rates levied under
the provisions of the Rating Ordinance, 1901, between the owner
and occupier of any tenement upon which any, special rate shall be
levied under the provisions of this section any such special rate so
levied shall be deemed to be an occupier's rate and the amount
thereof, if paid by the owner, may be recovered by such owner from
the occupier in an action for money paid to his use or, if such
occupier is still in occupation of such tenernent, by distress in the
same manner as for rent.

(5) The Governor-in-Council may in his discretion exempt from
the payment of any special rate levied under the provisions of this
section. any person who is an occupier of or owner of property in
any area proclaimed as a boycotting area. under the provisions of
this section.

(6) it shall be lawful for the Governor-in-Council to order the
payment to any person who may have incurred pecuniary loss or
suffered damage by reason of any offence committed or believed by

the Governor-in-Council to have been committed against the provi-





sions of this Ordinance of the whole or any part of the amount of
any special rate levied under the provisions of this section.

(7) It shall be lawful for the Governor in council to order the
payment from the amount of any special rate levied under the pro-
visions of this section of such sum or sums its as he may think fit by
way of reward to any person or persons who may have given such
information as shall have in the opinion of the Governor-in-Council
been of utility in the prevention, detection, or punishment of any
offence about to be committed or committed against the provisions
of this Ordinance or by way of remuneration to any person or persons
whom it may be, in the opinion of the governor-in-council desir-
able to employ for the purpose of carrying out or assisting in carry-
ing out effectively the provisions of this Ordinance..

(8) No special rate levied under the provisions of this Ordinance
shall be liable to assessment for Military contribution under the
provisions of the Defence Contribution Ordinance, 1901.

10. It shall be lawful for the Governor at any time and from time
to time by proclamation published in the Gazette to order that the
operation or this operation or of any part of this Ordinance shall be
suspended from such day and for such period as the Governor shall
in such proclamation determine and it shall further be lawful for
the Governor in like manner at any tinte and from time to time to
rescind or vary any such order.

11. This Ordinance shall come into operation on the 19th day of
December, 1912, but if at the expiration of seven days after the date
of the coming into operation of this Ordinance or at the expiration.

of a like period after the date of the coming into operation of any
order rescinding the suspension of the operation of this Ordinance
issued under the provisions of section 10 of this Ordinance any state
of boycotting or condition of boycotting which may be in existence
at the date of the coming into operation of the Ordinance or of any
order as aforesaid has not entirely ceased and abated it shall be
lawful for the Governor-in-Council to declare by Proclamation
published in the Gazette that the provisions of section 9 of this
Ordinance shall operate retrospectively and shall be deemed to have
been in force as from such date as may by the said Proclamation be
determined and upon the publication of such Proclamation the pro-
visions of section 9 of this Ordinance shall be as from such date so
determined in such Proclamation of full legal force and effect. For

the purpose of this section the expressions 'state of boycotting'
and 'condition of boycotting' shall mean any such state or con-
dition of affairs as may in the opinion of the Governor-in-Council
be regarded as a state of boycotting or condition of boycotting.
Short title. Definitions. Boycotting. Intimidation. Person. Society. Member of a Society which commits violence, threat or intimidation guilty of an offence. Person committing violence, threat or intimidation guilty of an offence. Boycotting an offence. Aiding or inciting to commit offence. Penalty for offence against Ordinance. Forfeiture of provocative matter. Power to enter and search under warrant premises for provocative matter. Proclamation of boycotting area. Levy of special rate in proclaimed area. Order to prescribe amount and mode of levy. Payment of special rate. No.6 of 1901. Exemption from payment. Compensation to person suffering damage. Reward to informers and remuneration for assistance. Special rate not assessable for Military contribution. No.1 of 1901. Power to suspend operation of Ordinance. Date of coming into operation. Power to give retro-spective effect.

Short title. Definitions. Boycotting. Intimidation. Person. Society. Member of a Society which commits violence, threat or intimidation guilty of an offence. Person committing violence, threat or intimidation guilty of an offence. Boycotting an offence. Aiding or inciting to commit offence. Penalty for offence against Ordinance. Forfeiture of provocative matter. Power to enter and search under warrant premises for provocative matter. Proclamation of boycotting area. Levy of special rate in proclaimed area. Order to prescribe amount and mode of levy. Payment of special rate. No.6 of 1901. Exemption from payment. Compensation to person suffering damage. Reward to informers and remuneration for assistance. Special rate not assessable for Military contribution. No.1 of 1901. Power to suspend operation of Ordinance. Date of coming into operation. Power to give retro-spective effect.

https://oelawhk.lib.hku.hk/items/show/1009

1912

v2

No. 41 of 1912

6