PEACE OF THE COLONY ORDINANCE
Title
PEACE OF THE COLONY ORDINANCE
Description
Peace of the Colony.
No. 2 of 1857.
An Ordinance for better securing the Peace of the Colony.
[6th January, 1857.]
WHEREAS it is expedient, in consequence of the present circumstances of
this
Colony, to adopt immediate and further means for the preservation of the
peace and security thereof: Be it therefore enacted and ordained by His
Excellency
the Governor of Hongkong, with the advice of 'the Legislative Council
thereof, in
manner following, that is to say:-
operation of tile 1. This Ordinance shall take effect within this Colony
until His Excellency in
Ordinance, and
power to suspend
and revive it.
Gazette, suspend the operation of the same; and His said Excellency in
Council is hereby
authorized from time to time, by any Proclamation so published as
aforesaid to revive
the operation of this Ordinance and again to suspend it, so often as
shall be deemed meet.
ORDINANCE No. 2 oF.1857.
Peace of the ColomW. .
2. Engraved copper plates, or printed forms of passes, shall be provided
by the
Superintendent of Police according to the form following, that is to say:
° This is to certify, that the .bearer hereof [name] is authorized to pass
land repass during the night season from and to the house of [employer's
'name] in [street or road] Victoria, during the period of days from the
date hereof. Dated this day of A.D., 1857.
A.B., Superintendent of Police.'
which plates or forms shall bear Her Majesty's Arms and be sealed with
the Police
Office seal, and shall be from time to time issued by the said
Superintendent to such
of the occupiers of the several houses within Victoria, for use as he
aball find to be fit
and proper persons to receive and use the same, and according to the
wants of such
occupiers; yet so as that no Chinese occupiers shall receive or hold more
than one such
plate or form at any one time. And that no further issue of plates or
forms be made
to any occupier but upon his delivering up or proving the loss or
destruction of those
whereof he was previously the holder.
3. Every occupier using or allowing to be used any pass, shall first fill
up or cause
to be filled up the blanks therein according to the truth of the case;
and be shall not
use nor allow to be used any pass except in conformity with the facts
thereby appearing;
and'every offence against this section shall be a misdemeanor.
4. The Superintendent of Police is empowered from time to time to call in
and
recind any plates or forms previously issued by him, whether the times
for which tbey
h'issued shall have then expired or not; and any person wilfully
disobeying any
sucfeh call shall be guilty of a misdemeanor.
g. Any Chinaman found at large elsewhere than in his own habitation
between Penalty for not
the hours of eight in the evening and sunrise and not having a pass duly
issued and payees antsl~t
made out in conformity with sections 2 and 3 of this Ordinance, shall be
sum-
marily punished by any Justice of the Peace f9r every such offence,
either by a fine
not exceeding fifty dollars, nor less than one dollar; or by imprisonment
and hard
labour for a term not exceeding fourteen days, nor less than one day; or
by public
whipping or public exposure in the stocks, yet so as that no such
offender shall receive
more than twenty blows, or be exposed for more than two hours, for any
one offence.
6. Any Justice of the Peace may lawfully arrest, or cause to be arrested,
with or
without warrant, any person whom he shall reasonably suspect to be an
emissary or
ahettor of Her Majesty's enemies, or of pirates, or of Chinamen
disaffected to Her
NA
'~esty's Government, or otherwise dangerous to the peace and good order
of this
Colony, and him safely keep until he can be dealt with according to law.
7; His Excellency in Executive Council is authorized to deport or cause
to be
deported to any, place within the Empire of China, any Chinamen liable to
arrest
under section 6 of this Ordinance.
° [Seal] (Signed)
Forma of night
passes to be pro-
vided, scales, and
issued, by the Su-
perintendent of
Police.
36~'
Blanks to be
illlod up by the
oceaplor.
penalty..
Power to rescind
passes.
Power to arrest
and keep sns
pected emissaries
or abettors of
enemies, &c
power of depor-
tation. -
Co=operation
with Fire
Brigades.
Ordinance No. 1
of 1866 (sections
8 to 8j revived
and made
perpetual.
Ordinance No. 14
of 1846 (section
3, division 8)
amended.
Power to fire on
Chinese abroad
at night-time.
Cltittafion not
holding passes
shall not
carry arms.
Rata not to be
olneatfonod.
Further powers
to persona
aervlng in the
sea and land
fofces of Her
;VCSJeaty and of
Her Allies.
Courts )<fartial
not to obtain
Jnriadletion over
ocher persona.
Indemnity for
punt acts.
ORDINANCE No. 2 0F 1857.
Peace of the Colony.
S. Every person whomsoever required by the Superintendent of Police to
co-operate with any Fire Brigade, whether consisting of Volunteers or
not, so that the
same be approved by His Excellency, or in the working of fire engines, or
in the
suppression of fire, shall be bound to obey such requisition under the
penalty for every
case of disobedience of not less than ten dollars, nor more than fifty
dollars, to be
imposed by any Justice of the Peace, or (if such Justice shall think fit
and the offender
shall be a Chinaman) of not more than fifteen blows, nor less than five
blows. `
8. Section 3 to 8, both inclusive, of the expired Ordinance No. i of
1855, are
hereby revived and made perpetual. >
10. Division 8 of section 3 of Ordinance No. 14 of 1845 is hereby amended
by expunging the words `One Hundred and fifty' and inserting the words I
three
hundred' in the stead thereof.
11. Every person lawfully acting as a sentry or patrol at any time
between the
hour of eight in the evening and sunrise is hereby authorized whilst so
acting, to firs
upon, with intent or effect to kill, any Chinaman whom be shall meet with
or discover
abroad and whom be shall have reasonable ground to suspect of being so
abroad for an
improper purpose, and who being challenged by him shall neglect or refuse
to make
proper answer to his challenge.
12. If any Chinaman, not being the holder o£ a night pass, shall carry
abroad
with him, whether by night or day, any deadly weapon whatsoever, he shall
be guilt-.y
of a misdemeanor.
13. No act done or attempted in pursuance of this Ordinance shall be
questioned
in any Court.
14. Person serving in the sea or land forces of Her Majesty or of Her
Allies shall,
if acting or aiding in the execution of this Ordinance, be deemed and
taken to have
such further and other powers and authorities for the better securing the
public peace
and orderys they would have had if Martial haw lead been proclaimed
within this
Colony; and it shall not be lawful to try and punish any such. persons
for any act done
or attempted in .pursuance of such further or other powers or
authorities, or any of
them, save only (in the case of Her Majesty's said forces) before a Court
Martial to be
holden under any statute for holding such a Court.
15. Nothing in the last section contained shall be construed to confer
upon q.
Court Martial any jurisdiction whatsoever over persons not serving in Her
said Majesty's
sea or land forces.
16. A11 acts done or attempted before the passing of this Ordinance, and
which
would have been lawful it' so done or attempted after the passing
thereof, are hereby
authorized and made valid; and no man shall at any time hereafter be
called in question
for or in respect of the same.
~ Suspended under section 1 by Proclamation 1 v~`th July, 1857. Repealed
by Ordinance
11b. 4 of 1887.
366
Preamble.
Operation of the Ordinance, and power to suspend and revive it.
Forms of night passes to be providedm sealed, and issued, by the Superintendent of Police.
Blanks to be filled up by the occupier.
Penalty.
Power to rescind passes.
Penalty for not having a night pass.
Power to arrest and keep suspected emissaries or abettors of enemies, &c.
Power of deportation.
Co-opration with Fire Brigades.
Ordinance No. 1 of 1855 (sections 3 to 8) revived and made perpetual.
Ordinance No. 14 of 1845 (section 3, division 8) amended.
Power to fire on Chinese abroad at night-time.
Chinamen not holding passes shall not carry arms.
Acts not to be questioned.
Further powers to persons serving in the sea and land forces of Her Majesty and of Her Allies.
Courts Martial not to obtain jurisdiction over other persons.
Indemnity for past acts.
No. 2 of 1857.
An Ordinance for better securing the Peace of the Colony.
[6th January, 1857.]
WHEREAS it is expedient, in consequence of the present circumstances of
this
Colony, to adopt immediate and further means for the preservation of the
peace and security thereof: Be it therefore enacted and ordained by His
Excellency
the Governor of Hongkong, with the advice of 'the Legislative Council
thereof, in
manner following, that is to say:-
operation of tile 1. This Ordinance shall take effect within this Colony
until His Excellency in
Ordinance, and
power to suspend
and revive it.
Gazette, suspend the operation of the same; and His said Excellency in
Council is hereby
authorized from time to time, by any Proclamation so published as
aforesaid to revive
the operation of this Ordinance and again to suspend it, so often as
shall be deemed meet.
ORDINANCE No. 2 oF.1857.
Peace of the ColomW. .
2. Engraved copper plates, or printed forms of passes, shall be provided
by the
Superintendent of Police according to the form following, that is to say:
° This is to certify, that the .bearer hereof [name] is authorized to pass
land repass during the night season from and to the house of [employer's
'name] in [street or road] Victoria, during the period of days from the
date hereof. Dated this day of A.D., 1857.
A.B., Superintendent of Police.'
which plates or forms shall bear Her Majesty's Arms and be sealed with
the Police
Office seal, and shall be from time to time issued by the said
Superintendent to such
of the occupiers of the several houses within Victoria, for use as he
aball find to be fit
and proper persons to receive and use the same, and according to the
wants of such
occupiers; yet so as that no Chinese occupiers shall receive or hold more
than one such
plate or form at any one time. And that no further issue of plates or
forms be made
to any occupier but upon his delivering up or proving the loss or
destruction of those
whereof he was previously the holder.
3. Every occupier using or allowing to be used any pass, shall first fill
up or cause
to be filled up the blanks therein according to the truth of the case;
and be shall not
use nor allow to be used any pass except in conformity with the facts
thereby appearing;
and'every offence against this section shall be a misdemeanor.
4. The Superintendent of Police is empowered from time to time to call in
and
recind any plates or forms previously issued by him, whether the times
for which tbey
h'issued shall have then expired or not; and any person wilfully
disobeying any
sucfeh call shall be guilty of a misdemeanor.
g. Any Chinaman found at large elsewhere than in his own habitation
between Penalty for not
the hours of eight in the evening and sunrise and not having a pass duly
issued and payees antsl~t
made out in conformity with sections 2 and 3 of this Ordinance, shall be
sum-
marily punished by any Justice of the Peace f9r every such offence,
either by a fine
not exceeding fifty dollars, nor less than one dollar; or by imprisonment
and hard
labour for a term not exceeding fourteen days, nor less than one day; or
by public
whipping or public exposure in the stocks, yet so as that no such
offender shall receive
more than twenty blows, or be exposed for more than two hours, for any
one offence.
6. Any Justice of the Peace may lawfully arrest, or cause to be arrested,
with or
without warrant, any person whom he shall reasonably suspect to be an
emissary or
ahettor of Her Majesty's enemies, or of pirates, or of Chinamen
disaffected to Her
NA
'~esty's Government, or otherwise dangerous to the peace and good order
of this
Colony, and him safely keep until he can be dealt with according to law.
7; His Excellency in Executive Council is authorized to deport or cause
to be
deported to any, place within the Empire of China, any Chinamen liable to
arrest
under section 6 of this Ordinance.
° [Seal] (Signed)
Forma of night
passes to be pro-
vided, scales, and
issued, by the Su-
perintendent of
Police.
36~'
Blanks to be
illlod up by the
oceaplor.
penalty..
Power to rescind
passes.
Power to arrest
and keep sns
pected emissaries
or abettors of
enemies, &c
power of depor-
tation. -
Co=operation
with Fire
Brigades.
Ordinance No. 1
of 1866 (sections
8 to 8j revived
and made
perpetual.
Ordinance No. 14
of 1846 (section
3, division 8)
amended.
Power to fire on
Chinese abroad
at night-time.
Cltittafion not
holding passes
shall not
carry arms.
Rata not to be
olneatfonod.
Further powers
to persona
aervlng in the
sea and land
fofces of Her
;VCSJeaty and of
Her Allies.
Courts )<fartial
not to obtain
Jnriadletion over
ocher persona.
Indemnity for
punt acts.
ORDINANCE No. 2 0F 1857.
Peace of the Colony.
S. Every person whomsoever required by the Superintendent of Police to
co-operate with any Fire Brigade, whether consisting of Volunteers or
not, so that the
same be approved by His Excellency, or in the working of fire engines, or
in the
suppression of fire, shall be bound to obey such requisition under the
penalty for every
case of disobedience of not less than ten dollars, nor more than fifty
dollars, to be
imposed by any Justice of the Peace, or (if such Justice shall think fit
and the offender
shall be a Chinaman) of not more than fifteen blows, nor less than five
blows. `
8. Section 3 to 8, both inclusive, of the expired Ordinance No. i of
1855, are
hereby revived and made perpetual. >
10. Division 8 of section 3 of Ordinance No. 14 of 1845 is hereby amended
by expunging the words `One Hundred and fifty' and inserting the words I
three
hundred' in the stead thereof.
11. Every person lawfully acting as a sentry or patrol at any time
between the
hour of eight in the evening and sunrise is hereby authorized whilst so
acting, to firs
upon, with intent or effect to kill, any Chinaman whom be shall meet with
or discover
abroad and whom be shall have reasonable ground to suspect of being so
abroad for an
improper purpose, and who being challenged by him shall neglect or refuse
to make
proper answer to his challenge.
12. If any Chinaman, not being the holder o£ a night pass, shall carry
abroad
with him, whether by night or day, any deadly weapon whatsoever, he shall
be guilt-.y
of a misdemeanor.
13. No act done or attempted in pursuance of this Ordinance shall be
questioned
in any Court.
14. Person serving in the sea or land forces of Her Majesty or of Her
Allies shall,
if acting or aiding in the execution of this Ordinance, be deemed and
taken to have
such further and other powers and authorities for the better securing the
public peace
and orderys they would have had if Martial haw lead been proclaimed
within this
Colony; and it shall not be lawful to try and punish any such. persons
for any act done
or attempted in .pursuance of such further or other powers or
authorities, or any of
them, save only (in the case of Her Majesty's said forces) before a Court
Martial to be
holden under any statute for holding such a Court.
15. Nothing in the last section contained shall be construed to confer
upon q.
Court Martial any jurisdiction whatsoever over persons not serving in Her
said Majesty's
sea or land forces.
16. A11 acts done or attempted before the passing of this Ordinance, and
which
would have been lawful it' so done or attempted after the passing
thereof, are hereby
authorized and made valid; and no man shall at any time hereafter be
called in question
for or in respect of the same.
~ Suspended under section 1 by Proclamation 1 v~`th July, 1857. Repealed
by Ordinance
11b. 4 of 1887.
366
Preamble.
Operation of the Ordinance, and power to suspend and revive it.
Forms of night passes to be providedm sealed, and issued, by the Superintendent of Police.
Blanks to be filled up by the occupier.
Penalty.
Power to rescind passes.
Penalty for not having a night pass.
Power to arrest and keep suspected emissaries or abettors of enemies, &c.
Power of deportation.
Co-opration with Fire Brigades.
Ordinance No. 1 of 1855 (sections 3 to 8) revived and made perpetual.
Ordinance No. 14 of 1845 (section 3, division 8) amended.
Power to fire on Chinese abroad at night-time.
Chinamen not holding passes shall not carry arms.
Acts not to be questioned.
Further powers to persons serving in the sea and land forces of Her Majesty and of Her Allies.
Courts Martial not to obtain jurisdiction over other persons.
Indemnity for past acts.
Abstract
366
Preamble.
Operation of the Ordinance, and power to suspend and revive it.
Forms of night passes to be providedm sealed, and issued, by the Superintendent of Police.
Blanks to be filled up by the occupier.
Penalty.
Power to rescind passes.
Penalty for not having a night pass.
Power to arrest and keep suspected emissaries or abettors of enemies, &c.
Power of deportation.
Co-opration with Fire Brigades.
Ordinance No. 1 of 1855 (sections 3 to 8) revived and made perpetual.
Ordinance No. 14 of 1845 (section 3, division 8) amended.
Power to fire on Chinese abroad at night-time.
Chinamen not holding passes shall not carry arms.
Acts not to be questioned.
Further powers to persons serving in the sea and land forces of Her Majesty and of Her Allies.
Courts Martial not to obtain jurisdiction over other persons.
Indemnity for past acts.
Preamble.
Operation of the Ordinance, and power to suspend and revive it.
Forms of night passes to be providedm sealed, and issued, by the Superintendent of Police.
Blanks to be filled up by the occupier.
Penalty.
Power to rescind passes.
Penalty for not having a night pass.
Power to arrest and keep suspected emissaries or abettors of enemies, &c.
Power of deportation.
Co-opration with Fire Brigades.
Ordinance No. 1 of 1855 (sections 3 to 8) revived and made perpetual.
Ordinance No. 14 of 1845 (section 3, division 8) amended.
Power to fire on Chinese abroad at night-time.
Chinamen not holding passes shall not carry arms.
Acts not to be questioned.
Further powers to persons serving in the sea and land forces of Her Majesty and of Her Allies.
Courts Martial not to obtain jurisdiction over other persons.
Indemnity for past acts.
Identifier
https://oelawhk.lib.hku.hk/items/show/108
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 2 of 1857
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PEACE OF THE COLONY ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 16, 2025, https://oelawhk.lib.hku.hk/items/show/108.
