REGISTRATION AND CENSUS ORDINANCE
Title
REGISTRATION AND CENSUS ORDINANCE
Description
Registration and Census.
No. 6 of 1857.
An Ordinance for Registration and Regulation of the Chinese People,
and for the Population Census, and for other Purposes of Police.
[5th May, 1857.]
'BE the enacted and ordained by His Excellency the Governor o£ Hongkong,
with Preamble.
the advice of the Legislative Council thereof, in manner following, that
is to say :-
1. Ordinances No. 13 of 1844, No. 7 of 1846, and No. 3 of 1853, and so
much of Repeal of nras.
nances and part
Ordinance No. 12 of 1844 as relates to the charging or investing the
Chief Magistrate of nn ordinance.
of Police with any direction or superintendence of, or control over, the
Police Force
thereby established, other than such control as any other Magistrate or
Justice of the
Peace may in his magisterial capacity exercise, are hereby repealed.
2. The Census and Registration Office presently existing in Victoria
shall, for Census area re-
.the purposes of this Ordinance, be continued and established; together
with the establishe ~ee~
Registrar General and other the officers and assistants by whom the
duties and
business thereof have been hitherto performed.
ORDINANCE No. 6 of 1857.
Registration and Census.
Appointments of $; The several persons now being the Registrar General,
officers and assistants,
officers.
of the said office, shall continue to discharge the said duties and
business at their
present salaries during His Excellency's pleasure; and upon any vacancy,
His Excel-
lency may from time to time nominate and appoint such person or persons
to be such
Registrar General, officers, and assistants respectively, and at such
salary axed salaries
as to His Excellency shall seem meet, and also remove him or there at His
Excellency's
discretion from time to time, and nominate and appoint another or others
in his or
their room; yet so as that Her Majesty's pleasure shall be taken as to
every nomnna-
tion, appointment, and removal of a Registrar General, and as to every
new limitation.
of salary under the provisions of this section.
Powers and an- 4. The Registrar General is, by virtue of his office, and
for the execution of this.
rtes of the (regis-
trar General, Ordinance, and not otherwise, a Justice of the Peace, a
joint Superintendent of Police,,
and the Protector of Chinese inhabitants within this Colony, and as such
is bounders
to use his best endeavours to prevent the commission of crime, and, if
committed, to.
discover and apprehend the parties guilty thereof, and generally to watch
overAnd
protect the said Chinese inhabitants; and for the purposes aforesaid ho
is empowered
and required to.use and exercise all the authorities of a Justice and
Superintendent
of Police, and also to enter at any time or times, as he shall find meet,
any building
soever within this Colony, or vessel or boat soever within the waters of
the same or'
adjacent thereto, if such building, vessel, or boat shall then have any
Chinaman within
or on board of the same.
Duties of the g, The other officers and assistants in the said Census and
Registration Office
other officers
and asststUnes. shall be obedient and assisting unto the said Registrar
General in the execution of
this Ordinance.
The Chief uo- 6. The powers and authorities which by the said Ordinance
No. 12 of 1844 were
cvtc'oaeY~i~c'°r' vested in the Chief Magistrate of Police, are from
henceforth vested in and shall be
neon the Super,
~ntonuent and exercised by the Superintendent of Police for the time being
constituted under the,
Registrar Ueuc-
''t- said Ordinance, in all matters wherein any of the provisions for the
census registration
and protection of Chinese people are not concerned, and by the Registrar
General in
all matters wherein any of the said provisions are concerned; and the
same obedience,
shall be rendered by the Police Force of this Colony to the orders of the
said Superin-,
tendent of Police and Registrar General respectively, and to all rules
and regulations
to be by them respectively made seder section 3 of the said Ordinance No.
12,of-
1841, and this section, with the approbation of the Governor; due regard
being had to
the respective matters to which such powers and authorities, rules and
regulations,
respectively shall relate.
nivis°n;t° al,- 7. The Registrar General, with- the approbation of the
Governor, shall divide.
trios autt nun- _
Lering. this Colony into districts, and cause every house therein, whether
occupied by a
Chinaman or by an European, to be numbered, and aickets to be prepared
and issued:
for the purposes of section 8 ; and it shall be the duty of every Chinese
occupier,
or inmate of a house, or of a boat or vessel having a certificate or
licence under this.
ORDINANCE No. 6 of 1857.
Registration and Census.
Ordinance, to procure and retain in his possession one such ticket from
the said Re-
gistrar General for the purposes -of this Ordinance ; and every Chinaman
not so pro-
curing, or not so retaining such ticket, or not producing the same
whensoever required,
shall, unless lie shall make proof of some reasonable justification or
excuse, be deemed
a vagrant:
8. Every Chinaman occupying a house, or any boat or vessel as aforesaid,
shall
cause the number thereof to be painted and affixed to such house, boat or
vessel in
such wise as the Registrar General shall direct, and shall cause to be
inscribed in such,
wise as he shall direct, upon a board exhibited in some conspicuous part
of such house,
boat or vessel, a true and full list of all the inmates thereof,
distinguishing in the
case of a house the inmates of the upper and lower floors thereof, for
the time being;
and shall deliver to every such inmate a ticket, stamped by the Registrar
General, and
containing such particulars, and in such form, as he shall also direct ;
and every such
ticket shall from time to time, and when the bolder thereof shall cease
to be such
inmate, be obtained back from him by the said occupier and cancelled.
9. Possession by a Cbinainan of any of the tickets mentioned in sections
7 and
8 shall be primtd facie evidence of the delivery thereof to him as an
inmate by the
Chinaman therein mentioned as occupier.
10. Every Chinese occupier shall be held responsible as surety for the
good con-
duct of every inmate to whom he shall have delivered any such ticket
unless the said
occupier shall show some matter of justification or excuse.
11. Every such occupier is hereby commanded to furnish at all times to
the Re-
gistrar General whatsoever information the said Registrar General shall,
for the purposes'
of this Ordinance, require of him; and every occupier of a house is
further commanded,
upon the occurrence of any marriage, birth, death, arrival, or departure
of inmates
within his house, forthwith to report the name to the proper Chinese
officer of his
district.
12. Within ten days next after the commencement of any future hiring by an
European of a Chinaman as a servant to reside within the hirer's house or
place of
business, or (in case of any such hiring which bath already commenced)
within ten days
from the passing of this Ordinance, such Chinaman shall apply to the said
Registrar
General for a registration ticket, and shall at the same time produce
unto the said Re-
gistrar General a certificate of his hiring under the hand of the said
hirer, and (if so
required by the latter) satisfy the said Registrar General that he bath
obtained sufficient
security after Chinese custom for the indemnity of the said hirer against
his acts and
defaults; and thereupon it shall be the duty of the said Registrar
General to make out
under his. hand the said registration ticket, inserting therein such
particulars as to him
shall seem meet, and to deliver the same unto the said Chinaman.
13. 911 Chinese houses shall be divided into tithings or kztp of ten
houses each,
wherein gvery occupier of a house shall answer to Her Majesty for the
good conduct
of the occupiers of the other nine ; and over every tithing or Up one of
the occupiers ,
Nmnbers to be
painted, list, of
inmates to be
exhibited, and
tickets to be de-
livered to them.
Possession of
tickets to be pri-
Inlb,fncie proof of
deliver. .
The occupier to
be reslion..ible-
for the inmates.
statistical Infor-
mation to be
furnished by
occupiers.
Registration
tickets in case
of Chinese
servants resident
with 1'snropeans.
Chinese tithings
or k6p.
Duties of UP.
Duties of the
k6pcheonR.
,rho medium of
exocnttiig
process, &c., in
v kdp.
t'mvor to elect
nod appoint
tepos.
Powers and
duties of the
tepo.
The tepos and
kdpcheongs
shall be
rrgulatod by the
Registrar
General,
SS
alary of tire
tepo.
ORDINANCE No. 6' of 187.
Registration and Census.
of the houses comprised in the same shall be kfipcheong or tithiugman, to
be elected
by common vote of the said tithing or krip to that office, subject to the
approval of
this Government, and he shall be the proper representative of the said
tithing or ktip,
and be distinguished by some badge to be appointed by His Excellency, and
he shall
hold his said office during one year; and no other person shall assume
the title or
badge of kapcheong of such tithing or kup.
14. It shall be the duty of every such occupier of a house to report to
his ktip-
cheong without delay, to the utmost of his skill and knowledge, all
eases, or suspicions
of crime, committed or to be committed, and generally, for all the
purposes of this
Ordinance, to be aiding and assisting to the said ka.pcheong in the
execution of the
same; and further, to do his utmost to prevent all crimes, felonies, and
misdemeanours,
and to apprehend all persons whom he shall find in the actual commission
of the same.
15. It shall be the duty of the kApcheong to communicate forthwith to the
Re-
gistrar General all such reports as in section 14 are mentioned, when and
as the
same are received by him; and likewise to report to him to the utmost of
his skill and
knowledge, and without delay, all such cases, or suspicions, whether so
reported from
the k~tp or not; and in all other respects to discharge the duties arid
exercise the
powers of a constable of the Police Force of Hongkong, save so far as the
same are
altered by this Ordinance.
18. The kapcheong, as the proper representative of his Up, shall be
aiding and
assisting unto the Civil, Naval, and Military authorities of this Colony,
in the execu.
tion of warrants, writs, and process, and the making of searches,
inquiries, and arrests;
within any house of his Up; and the said authorities are authorized to
com>riunicate
with the said kitpcheong, for the purposes of this section.
17. His Excellency in Council shall have power to approve for, and
appoint to,
the office of tepo in each town, village, hamlet, and district, of this
Colony, a proper
person to be presented unto him by the occupiers of Chinese houses
therein,. or (in
default of such presentment) to be nominated by His Excellency in Council
for that
purpose.
18. Every tepo shall have, throughout his town, village, hamlet, or
district, the
same powers and authorities, and perform the same duties, as are
horeinbeforo con-
ferred and imposed on a kapcheong, with respect to his kHp.
19. All tepos and Upchoongs shall be immediately subordinate unto the
Registrar
General, and shall conform to his orders, and obey and enforce whatsoever
rules and
regulations he shall, with the approbation of His Excellency, frame and
issue for the
better execution of their respective duties under this Ordinance.
20, The amount of the salary of each tepo shall be fixed by His
Excellency iii
council, acid shall be raised by way of levy, at the same time with the
Police tax of his
town, village, hamlet, or district, upon the annual value of the Chinese
houses -within
the same, according to the assessment thereof to the said tax, and at a
rate per cetjt~;
sufficient to raise the acid amount; and it shall be the duty of the
Registrar General
ORDINANCE No. 6 -OF 185i.,,
Registration and Census.
to ascertain the said rate, and to receive the amount of the said levy
when made, and to
pay tbereout to the tepo his said salary, and to account with the
Government, and also
with the said town, village, hamlet, or district, for the remainder, if
any, of the amount
levied; anti the provisions of all Ordinances for the enforcement of the
payment of
Police taxes, sball be extended to the enforcement of the said levy.
2l.. A tepo shall be permitted to act as arbitrator in disputes of a
civil nature re.e,. ef
only, arising bo^tween Chillamau, willing to submit the same to his
arbitrament; and ttrbltrntian.
his award being reduced to writing, and approved by the Registrar
General, shall be
received in evidence, and may be carried into effect by ally Court
wherein the same
shall come in question.
22. The bawking of goods or wares in the streets or roads of this Colony
without
a licence from the Registrar General is hereby prohibited.
23. No licence for such bawkitv; shall be granted by the Reistrar General
to any
person except after proper enquiry into the character of the applicant,
and upon due
and ample security for his good conduct, and subject to forfeiture on his
conviction of
any offence before any Justice of the Peace. And every applicant, on
receiving his
said licence, shall pay therefor to the Registrar General, to the use of
the Crown, the
fee in that behalf mentioned in tile schedulo hereunto annexed.
2$. The Registrar General shall grant to such fit and proper persons,
being China.
men, as shall male application unto him in that behalf, licences to
undertake and per.
form the burials of Chinese dead in the cemeteries, and after the manner
prescribed
by law; and every such licence shall be limited in duration to one year,
but renewable'
at the expiration of each year; and there shall be paid to him to the use
of the Crown
for every such grant or renewal the fee in that behalf specified in the
schedule hereunto
annexed.
25. No person, not being an undertaker licensed under section 24, shall
hence- None b,tt
licensed
forward undertake or perform any burials of Chinese (lead, or dig any
grave within nndertnkera to
bury or dig
any such cemetery as aforesaid.
graves.
26. Every licensed undertaker is hereby required to use his best skill
and endea-
vour, to prevent and repress all offences against, and violations of, the
laws for regula-
ting Chinese burials, and to apprehend, or cause to be apprehended, all
persons accused
thereof, and from time to time to report every such offence or violation
to the Regis-
trar General with all reasonable speed.
2'7. It shall be lawful for the Registrar General to grant to such
persons, upon Licensing of
such security and in such form as he shall think fit, and upon payment to
him made
to, the use of the Crown of such fee therefor according to size as in the
said schedule
hereunto annexed is in that behalf specified, certificates of licence of
Chinese boats or
vessels plying for hire within the waters of this Colony, or carrying
passengers between
this Colony and the ports on the Chinese Main (other than Chinese boats
or, vessels
visiting this Colony merely for trading; purposes ;) and every such boat
or vessel shall
carry, on, each of her bows and on her stern, legibly,painted upon wood
or tin, the true,
Unlicensed
lmvkina
prolibltcd.
Conditions and
fens of hawking -
licences.
The licgistrnr
(ienernl to smut
undertaker's
licences.
1'be undertakers.
are required to
prevent and
repress offences
against Burial
Power to grunt
protection
tickets.
ate of boat
fares and coolly
hire.
Licences to
receive find
lodge coolies, 3:c.
ORDINANCE No. 6 of 1857.
Registration and Census.
number of her certificate aforesaid, which number shall be supplied by
the Registrar
General for that purpose; and no such certificate or number shall be
transferred or
lent unto any other boat or vessel, or the persons on board of the same,
nor shall any
certificate or number other than such as the said Registrar General shall
have granted
under this section be assumed or exhibited by any such boat or vessel, or
the persons
on board of the same. And every person having charge of any such boat or
vessel is
hereby commanded, whensoever thereunto required, to exhibit the
certificate granted
in respect thereof under this section. And all persons having charge of
Chinese boats
or vessels, and not having obtained or not having on board such
certificate as aforesaid
(other than as aforesaid) are hereby forbidden to employ their said boats
or vessels in
plying here within the said waters, ox in carrying passengers between
this Colony and
the said ports, or to cause, suffer, or connive at their said employment.
28. Upon security given to the Registrar General and to his satisfaction
for the
character and conduct of the persons concerned, and upon payment made to
him by
them of such fee therefor as in the said schedule hereunto annexed is in
that behalf
specified, the Registrar General, when thereunto requested by the said
persons, may
make out in such form as he shall think fit, and deliver unto the said
persons, a ticket
under his hand, entitling any Chinese boat or vessel having such
certificate as aforesaid
to the protection of Her Majesty's Naval Forces against pirates. And it
is hereby
required, that no such person shall lend any such protection ticket to
any other person,
and that no person shall use or borrow any protection ticket whereof he
is not the
grantee.
29. Scales of fares for all licensed boats and vessels within the said
waters, and
also scales for the hire of all coolies and labourers by the day, hour,
or job, with all
proper regulations for exceptional eases, shall be prepared and fixed,
and, if expedient,
from time to time altered and varied, by the Registrar General, subject
to the approval
of His Excellency the Governor in Council; and every such scale and
variation thereof
shall, when and as approved, be notified in the Government Gazette, and
shall be evi-
dence of the right of the parties concerned to the fares or hires therein
mentioned.
And a correct and complete copy of every scale of fares for the time
being in force shall
be furnished by the Registrar General to every such boat or vessel, which
copy the
persons owning or having charge of the said boat or vessel shall cause to
be fixed and
exhibited in some conspicuous part thereof. And no person owning or
having charge of
any such boat or vessel, or being such coolie or labourer, shall demand
or receive a
greater fare or hire than by the scale for the time being in force and
relating thereto
is sanctioned; and no such person shall refuse, without reasonable and
sufficient cause,
t6.accept employment according to his scale, whensoever offered in
conformity with this
Ordinance, or use any abusive or insolent language to any person soever,
so employing
on offering him such employment.
30. No person soever, Chinaman or European, shall lodge, receive, or
keep: any
Chinese labourers or coolies, (not being persons in his actual employment
as suohf.ort
bona fade inmates of his, tenement, boat, or vessel), nor any Chinese
emigrants, or-
ORDINANCE No. 6 of 187.
Registration and G'enszts.
intending emigrants, in or upon any tenement within this Colony, or on
board of any
boat or vessel lying within the same or the waters thereof, and not bein;
at the time
actually and bona fide engaged in or for the lawful voyage of the
labourers, coolies or
-('Migrants then on board thereof, unless such person shall have first
obtained from the
said Registrar General his licence in writing in that behalf, which
licence the said
Registrar General is hereby empowered to grant for such term and upon
such conditions
as he shall think fit, upon proof first made of the fitness of such
person to receive the
said licence, and upon payment by him to the said Registrar General
advanced and
made for the same of such yearly or other fee, as in the schedule hereto
is expressed,
.and he may from time to time call in and revol:o or alter the same so
often as lie shall
deem expedient.'
31. The Registrar General is charged especially for the purposes of this
Ordinance
to visit, inspect, and approve of any tenement, boat, or vessel, in
respect whereof appli-
cation shall be made to him for a licence, under section 30, before he
shall grant
or renew the same; and it shall be at all tunes during the continuance of
any licence
by him so granted or renewed, his duty to enforce the observance of good
order, decency,
and morality, and the prevention or punishment of nuisances and other
abuses among
the inmates thereof, and whether by them or by any other person
committed, and to
secure to the said inmates the enjoyment of their personal rights, as
British subjects
whether permanently or for the time being.
32. No private person shall occupy or erect any building or other thing
sooner
upon land not being under lease from the Crown, without the licence of
the Registrar
General, nor with such licence, if the same could not have been lawfully
occupied or
erected before the passing of this Ordinance.
33. Any Stipendiary Magistrate or Justice of the Peace may cause any
Chinese
person to find reasonable security for his appearance in any Court for
any purpose and
at any time within twelve months, and every adjudication to that effect
shall be re-
ported forthwith to His Excellency; and such Chinese not finding such
security shall
be deemed a person dangerous to the peace of the Colony, within the
meaning of Or-
dinance No. 2 of 1857.
34. Written licences under the hand of the Governor or Registrar General,
for r.ieenec9 for
public meetings.
the holding of meetings to consider in a lawful way the redress of
supposed grievances,
-or for religious or theatrical entertainments, or for any other purposes
of public in-
terest, may be granted to any Chinese occupiers applying for the same;
and without
such licences, no Chinese people shall hold or be present at any meetings
sooner of a
public nature, not convened by the Governor or sheriff, and not being
solely for the
purposes of religious worship.
35. Mendicancy in the public highways or streets is hereby
forbidden. Mendicancy
forbidden.
36: The Governor in Council is empowered to direct the census of
population to The powet tr.
direct censas.
be taken within this Colony from time to time as to His said Excellency
in Council
hall seem meet, -and every such direction may be addressed to the
Registrar General.
Visitation,
inspection, and
aPProTal of
tenements, &e.,
for the purpose
and prevention
of abase.
Residing or
building, &c.0 on
Crown land.
security to
appear within
twelve months.
Blank returns to
be prepared and
ORDINANCE No. G of 1s53; ..
Registration and Census.
3'l. Upon receiving any such direction, the Registrar General shall
prepare and
cause to be delivered at every dwelling and place of business throughout
this Colony,
a blank return, to be filled up before a certain day to be therein named
with tlie-
names and number of the occupiers and inmates of every such dwelling or
place of .
business, and the persons in their employment or residing with them or
within their
tenements according to their several names, sexes, occupations, and
countries.
niauiankqteve 38. Every such blank return shall, according to its tenor
and the truth of the
need up and
returned case, be filled up by the occupier of the dwelling or place of
business where the salve
shall have been left; anal he shall upon demand, within five days after
the day on
which the salve was so left, return, or deliver it, so filled up as
aforesaid, to the Re-
gistrar General.
1'cnnltles 39, persons violating, or disobeying, or failing to comply
with, tile several, pro-
visions of this Ordinance shall, upon summary conviction of such offence
before the
Registrar' General, or (if the said person shall so demand) before a
Stipendiary Ma-
gistrate, or any two Justices of the Peace, incur, and pay, or suffer the
several penal-
ties and forfeitures hereinafter respectively made applicable to the
same, that is-:
J. Against sec. i.
2. Against see. 8.
& ARninet cots.
11 and 12.
4. Against sets.
18, 14, 15, 18
and 19,
,
5, Against sec.
Against sec.
25, ,
7. Agninstsec.
24.
8. Against see-
27.
see-
8. Against sec.
28.
1. For every offence of vagrancy, (being a first offence), within the
meaning =
of section 7, the penalty of exposure in the stocks for a period not
exceed-
ing three hours, nor less than half-an-hour; or (being a second or subse-
quent offence) the like penalty together with the public infliction of not
more than thirty-six blows, nor less than five blows with a rattan; and
also together with deportation if His Excellency in Council shall think .
fit.
2. For every offence against section 8, a sum not exceeding forty
dollars, _nor
less than two.
3. For every offence against section 11, or section 12, a sum not
exceeding
twenty dollars, nor less than one dollar.
4. For every- offence against section 13, section 14, section 15, section
18, or
section 19, a sum not exceeding fifteen dollars, nor less than one dollar.
5. For every offence against section 2°_, a sum not exceeding ten
dollars,- nor.
less than fifty cents.
G. For every offence against section 25, a sum not exceeding twenty-five
dol-,..
lags, nor less than one dollar.
For every offence against section 26, a sun) not exceeding twenty-five
dol-'
lags, nor less than one dollar.
8. For every offence against section 27, a sum not exceeding fifty
dollars, nor-,
. less than five, or the forfeiture of the boat or vessel.
9. For every offence against section 28, a sum not exceeding fifty
dollars, nor
less than five, or if the Court shall so think fit tile forfeiture of the
boat;
-or vessel, either in lieu of, or in addition to, the said sum.
ORDINANCE No. G or 1857.
Registration and Census.
10. For every offence against section 29, a such not exceeding twenty
dollars,
nor less than fifty, cents.
11. For every offence against section 30 or section 31, a sum not
exceeding fifty
dollars nor less than five dollars.
12. For every offence against section 32, a sum not exceeding fifty
dollars, nor
less than five, (besides the expenses of the removal of the building or
thing occupied or erected).
13. For every offence against section 33, (unless the same shall be dealt
with
under the Ordinance therein mentioned,) a sum not exceeding fifty dollars,
nor less than five.
14. For every offence against section 34, a sum not exceeding one hundred
14. Agalt,.,tSt(c.
dollars, nor less than five.
15. For every offence against section 35, a sum not exceeding five
dollars, nor ls. Against .fe.
less than twenty cents; or the offender shall, at the discretion of the
Court, receive not more than thirty-six blows, nor less than five blows,
with a rattan; and he shall also, if His Excellency in Council shall so
decide, be deported to ally place in the Chinese Empire.
16. For every offence against. section 38, a sum not exceeding fifty
dollars, nor
less than one dollar.
17. And for every such disobedience, violation, or default, for which no
specific
penalty is hereinbefore provided, such sum, not, exceeding in any ease
twenty-five dollars, as the Court shall think fit.
40. In case of non-payment of any of the said pecuniary penalties, the
same may
'be recovered by any of the ways and means whereby, on any summary
proceedings
before Justices, penalties are or shall be recoverable; yet so as that no
offender against
section 38 shall be liable to be imprisoned in such case.
41. Over and above the pecuniary penalties appointed by section 39,
Chinese
offenders, if holding the office of k4tpcheong or tepo, shall be liable
to ignominious
removal or dismissal by His Excellency in Council after the methods and
usages of
the Chinese, and, if holding any licence herein specified, shall be
liable to the forfeit-
ure thereof.
10. Against sec.
Il. Against seas.
3U'and 31.
72. Agains 800.
32.
18. Against sec.
33.
34.
¢2. Where, upon the conviction of guy offender, it shall appear that,
before the
'Commission of the offence, he had given security to the Registrar
General under this
Ordinance, and that by such offence tile same is become forfeited, the
amount of such
security shall be deemed to be the penalty actually incurred by him, and
it shall not be
lawful for the Court to impose any penalty for his said offence, save and
except the
-amount of his said security.
43. Every adjudication under this Ordinance shall be final, unless
certiorari for
removing the proceedings, either before or after judgment, shall be
obtained, by tile
Crown or by the defendant, as the case may be, within ten days from the
first comb
16. Against sae.
38.
li. For eVery ...
i7Pfenee not -
speoiflcallP '
provided fur.
Enforcement
penalties.
Chinese officers
or licensees of-
fending liable to
ignominious dis-
3igsal,
In case of seen
city, the amount
of penalty to be
that of the secu-
rity.
ORDINANCE No. G of 1557.
Registration sand Census.
mencement of the said proceedings, and unless the proceedings upon the
said certiorari:
shall be prosecuted, with effect, in the Supreme Court, within six weeks
after the ob-.
taining thereof. And the costs of such certiorari and proceedings shall
be paid to or
by the Crown according to the event thereof.
Construction of 44. For the purposes of this Ordinance, the following-
terms. and words shall be
words.
severally taken, not only in their received sense, but also to extend to
and include the.
meanings hereinafter specified, that is to say:
-
4ovenpicr: 'Occupier,' 'Person occupying,' and ''.Master of a House or
Tenement' or-
'of a Boat or Vessel,' shall include every person acting as master
thereof,
occupant of the groundfloor thereof (if a house or tenement) at a rent,,
and (in the event of a vacant house, tenement, boat or vessel or of no
other occupier thereof being found) owner thereof, or his agent. And
'House,' 'Tenement ' or 'Building' shall include any shop, Outhouse,,
4 liouse or build- , t, 1>> ing.'
sued, or roof,1., And 'European' shall include all persons
other than Asiatics, and also all
such Asiatics (not being Chinese) as owe or shall owe permanent alleg-
iance unto Her Majesty:
And tchlno,e: And ' Chinese' shall include natives of Hongkong and other
places out of
the Empire of China, being of Chinese blood or following Chinese
usages:
xrcclttlou. Save only and except where by the express letter of this
Ordinance a more
limited meaning hath been attributed to any or either of the said terms
and words.
netrosnecclve. 45. All acts done before the passing of this Ordinance
which, if done after the
passing thereof, would have been legal and valid, shall be deemed legal
and valid for,
all purposes soever.
SCHEDULE TO WHICH THIS ORDINANCE REFERS
Fee for hawkers, , ,
1st Class Boats plying for hire,
.............................................
0.50 Quarterly.
10.00 Annually.
3rd 3.00
4th 0.50
Trading and fishing boats, 10.00
Undertakers' Liccnca, . , , 10.00
Licences of tenements and boats or boats for coolies (for every ten
inntatcs) if by the year, ,
And if by a lesser term (for every ten inm:rtes), . ,., 0.10 per dieau.
E Repealed by Ordinance 11-o. 8 of 1858.E
o r e.-For tire divisions into districts under section 8 see Government
Not cation-,
Grrzctle 9th !)IaJ, .857.
371
Title.
Preamble.
Repeal of ordinances and part of an ordinance.
Census and registration officer established.
Appoinments of officers.
Power and duties of the Registrar General.
Duties of the other officers and assistants.
The Chief Magistrate's authority to devolve upon the Superintendent and Registrar General .
Divison into districts, and numbering.
Numbers to be painted, lists of inmates to be exhibited, and tickets to be delivered to them.
Possession of tickets to be prima facie proof of delivery.
The occupier to be responsible for the inmates.
Statistical information to be furnished by occupiers.
Registration tickets in case of Chinese servants resident with Europeans.
Chinese tithings or kap.
Duties of kap.
Duties of the kapcheong.
The medium of executing process, &c., in a kap.
Power to elect and appoint tepos.
Powers and duties of the tepo.
The tepos and kapcheongs shall be regulated by the Registrar General.
Salary of the tepo.
Power of arbitration.
Unlicensed hawking prohibited.
Conditions and fees of hawking licences.
The Registrar General to grant undertaker's licenses.
None but licensed undertakers to bury or dig graves.
The undertakers are required to prevent and repress offences against Burial Laws.
Licensing of China boats, &c.
Power to grant protection tickets.
Scale of baot fares and coolie hire.
Licences to receive and lodge coolies, &c.
Visitation, inspection, and approval of tenements, &c., for the purpose and prevention of abuse.
Residing or building, &c., on Crown land.
Security to appear within twelve months.
Licences for public meetings.
Mendicancy forbidden.
The power to direct census.
Blank returns to be prepared and delivered.
The blanks to be filled up and returned.
Penalties.
1. Aginst sec. 7.
2. Against sec. 8.
3. Against secs. 11 and 12.
4. Against secs. 13, 14, 15, 18 and 19.
5. Against sec. 22.
6. Against sec. 25.
7. Against sec 26.
8. Against sec. 27.
9. Against sec. 28.
10. Against sec. 29.
11. Against sec. 30 and 31.
12. Against sec. 32.
13. Against sec. 33.
14. Against sec. 34.
15. Against sec. 35.
16. Against sec. 38.
17. For every offence not specifically provided for.
Enforcement of penalties.
Chinese officers or licensees offending liable to ignominious dismissal.
In case of security, the amount of penalty to be that of the security.
Certiorari.
Construction of words.
'Occupier.'
'House or building'
'Europeans.'
And 'Chinese.'
Exception.
Retrospective.
No. 6 of 1857.
An Ordinance for Registration and Regulation of the Chinese People,
and for the Population Census, and for other Purposes of Police.
[5th May, 1857.]
'BE the enacted and ordained by His Excellency the Governor o£ Hongkong,
with Preamble.
the advice of the Legislative Council thereof, in manner following, that
is to say :-
1. Ordinances No. 13 of 1844, No. 7 of 1846, and No. 3 of 1853, and so
much of Repeal of nras.
nances and part
Ordinance No. 12 of 1844 as relates to the charging or investing the
Chief Magistrate of nn ordinance.
of Police with any direction or superintendence of, or control over, the
Police Force
thereby established, other than such control as any other Magistrate or
Justice of the
Peace may in his magisterial capacity exercise, are hereby repealed.
2. The Census and Registration Office presently existing in Victoria
shall, for Census area re-
.the purposes of this Ordinance, be continued and established; together
with the establishe ~ee~
Registrar General and other the officers and assistants by whom the
duties and
business thereof have been hitherto performed.
ORDINANCE No. 6 of 1857.
Registration and Census.
Appointments of $; The several persons now being the Registrar General,
officers and assistants,
officers.
of the said office, shall continue to discharge the said duties and
business at their
present salaries during His Excellency's pleasure; and upon any vacancy,
His Excel-
lency may from time to time nominate and appoint such person or persons
to be such
Registrar General, officers, and assistants respectively, and at such
salary axed salaries
as to His Excellency shall seem meet, and also remove him or there at His
Excellency's
discretion from time to time, and nominate and appoint another or others
in his or
their room; yet so as that Her Majesty's pleasure shall be taken as to
every nomnna-
tion, appointment, and removal of a Registrar General, and as to every
new limitation.
of salary under the provisions of this section.
Powers and an- 4. The Registrar General is, by virtue of his office, and
for the execution of this.
rtes of the (regis-
trar General, Ordinance, and not otherwise, a Justice of the Peace, a
joint Superintendent of Police,,
and the Protector of Chinese inhabitants within this Colony, and as such
is bounders
to use his best endeavours to prevent the commission of crime, and, if
committed, to.
discover and apprehend the parties guilty thereof, and generally to watch
overAnd
protect the said Chinese inhabitants; and for the purposes aforesaid ho
is empowered
and required to.use and exercise all the authorities of a Justice and
Superintendent
of Police, and also to enter at any time or times, as he shall find meet,
any building
soever within this Colony, or vessel or boat soever within the waters of
the same or'
adjacent thereto, if such building, vessel, or boat shall then have any
Chinaman within
or on board of the same.
Duties of the g, The other officers and assistants in the said Census and
Registration Office
other officers
and asststUnes. shall be obedient and assisting unto the said Registrar
General in the execution of
this Ordinance.
The Chief uo- 6. The powers and authorities which by the said Ordinance
No. 12 of 1844 were
cvtc'oaeY~i~c'°r' vested in the Chief Magistrate of Police, are from
henceforth vested in and shall be
neon the Super,
~ntonuent and exercised by the Superintendent of Police for the time being
constituted under the,
Registrar Ueuc-
''t- said Ordinance, in all matters wherein any of the provisions for the
census registration
and protection of Chinese people are not concerned, and by the Registrar
General in
all matters wherein any of the said provisions are concerned; and the
same obedience,
shall be rendered by the Police Force of this Colony to the orders of the
said Superin-,
tendent of Police and Registrar General respectively, and to all rules
and regulations
to be by them respectively made seder section 3 of the said Ordinance No.
12,of-
1841, and this section, with the approbation of the Governor; due regard
being had to
the respective matters to which such powers and authorities, rules and
regulations,
respectively shall relate.
nivis°n;t° al,- 7. The Registrar General, with- the approbation of the
Governor, shall divide.
trios autt nun- _
Lering. this Colony into districts, and cause every house therein, whether
occupied by a
Chinaman or by an European, to be numbered, and aickets to be prepared
and issued:
for the purposes of section 8 ; and it shall be the duty of every Chinese
occupier,
or inmate of a house, or of a boat or vessel having a certificate or
licence under this.
ORDINANCE No. 6 of 1857.
Registration and Census.
Ordinance, to procure and retain in his possession one such ticket from
the said Re-
gistrar General for the purposes -of this Ordinance ; and every Chinaman
not so pro-
curing, or not so retaining such ticket, or not producing the same
whensoever required,
shall, unless lie shall make proof of some reasonable justification or
excuse, be deemed
a vagrant:
8. Every Chinaman occupying a house, or any boat or vessel as aforesaid,
shall
cause the number thereof to be painted and affixed to such house, boat or
vessel in
such wise as the Registrar General shall direct, and shall cause to be
inscribed in such,
wise as he shall direct, upon a board exhibited in some conspicuous part
of such house,
boat or vessel, a true and full list of all the inmates thereof,
distinguishing in the
case of a house the inmates of the upper and lower floors thereof, for
the time being;
and shall deliver to every such inmate a ticket, stamped by the Registrar
General, and
containing such particulars, and in such form, as he shall also direct ;
and every such
ticket shall from time to time, and when the bolder thereof shall cease
to be such
inmate, be obtained back from him by the said occupier and cancelled.
9. Possession by a Cbinainan of any of the tickets mentioned in sections
7 and
8 shall be primtd facie evidence of the delivery thereof to him as an
inmate by the
Chinaman therein mentioned as occupier.
10. Every Chinese occupier shall be held responsible as surety for the
good con-
duct of every inmate to whom he shall have delivered any such ticket
unless the said
occupier shall show some matter of justification or excuse.
11. Every such occupier is hereby commanded to furnish at all times to
the Re-
gistrar General whatsoever information the said Registrar General shall,
for the purposes'
of this Ordinance, require of him; and every occupier of a house is
further commanded,
upon the occurrence of any marriage, birth, death, arrival, or departure
of inmates
within his house, forthwith to report the name to the proper Chinese
officer of his
district.
12. Within ten days next after the commencement of any future hiring by an
European of a Chinaman as a servant to reside within the hirer's house or
place of
business, or (in case of any such hiring which bath already commenced)
within ten days
from the passing of this Ordinance, such Chinaman shall apply to the said
Registrar
General for a registration ticket, and shall at the same time produce
unto the said Re-
gistrar General a certificate of his hiring under the hand of the said
hirer, and (if so
required by the latter) satisfy the said Registrar General that he bath
obtained sufficient
security after Chinese custom for the indemnity of the said hirer against
his acts and
defaults; and thereupon it shall be the duty of the said Registrar
General to make out
under his. hand the said registration ticket, inserting therein such
particulars as to him
shall seem meet, and to deliver the same unto the said Chinaman.
13. 911 Chinese houses shall be divided into tithings or kztp of ten
houses each,
wherein gvery occupier of a house shall answer to Her Majesty for the
good conduct
of the occupiers of the other nine ; and over every tithing or Up one of
the occupiers ,
Nmnbers to be
painted, list, of
inmates to be
exhibited, and
tickets to be de-
livered to them.
Possession of
tickets to be pri-
Inlb,fncie proof of
deliver. .
The occupier to
be reslion..ible-
for the inmates.
statistical Infor-
mation to be
furnished by
occupiers.
Registration
tickets in case
of Chinese
servants resident
with 1'snropeans.
Chinese tithings
or k6p.
Duties of UP.
Duties of the
k6pcheonR.
,rho medium of
exocnttiig
process, &c., in
v kdp.
t'mvor to elect
nod appoint
tepos.
Powers and
duties of the
tepo.
The tepos and
kdpcheongs
shall be
rrgulatod by the
Registrar
General,
SS
alary of tire
tepo.
ORDINANCE No. 6' of 187.
Registration and Census.
of the houses comprised in the same shall be kfipcheong or tithiugman, to
be elected
by common vote of the said tithing or krip to that office, subject to the
approval of
this Government, and he shall be the proper representative of the said
tithing or ktip,
and be distinguished by some badge to be appointed by His Excellency, and
he shall
hold his said office during one year; and no other person shall assume
the title or
badge of kapcheong of such tithing or kup.
14. It shall be the duty of every such occupier of a house to report to
his ktip-
cheong without delay, to the utmost of his skill and knowledge, all
eases, or suspicions
of crime, committed or to be committed, and generally, for all the
purposes of this
Ordinance, to be aiding and assisting to the said ka.pcheong in the
execution of the
same; and further, to do his utmost to prevent all crimes, felonies, and
misdemeanours,
and to apprehend all persons whom he shall find in the actual commission
of the same.
15. It shall be the duty of the kApcheong to communicate forthwith to the
Re-
gistrar General all such reports as in section 14 are mentioned, when and
as the
same are received by him; and likewise to report to him to the utmost of
his skill and
knowledge, and without delay, all such cases, or suspicions, whether so
reported from
the k~tp or not; and in all other respects to discharge the duties arid
exercise the
powers of a constable of the Police Force of Hongkong, save so far as the
same are
altered by this Ordinance.
18. The kapcheong, as the proper representative of his Up, shall be
aiding and
assisting unto the Civil, Naval, and Military authorities of this Colony,
in the execu.
tion of warrants, writs, and process, and the making of searches,
inquiries, and arrests;
within any house of his Up; and the said authorities are authorized to
com>riunicate
with the said kitpcheong, for the purposes of this section.
17. His Excellency in Council shall have power to approve for, and
appoint to,
the office of tepo in each town, village, hamlet, and district, of this
Colony, a proper
person to be presented unto him by the occupiers of Chinese houses
therein,. or (in
default of such presentment) to be nominated by His Excellency in Council
for that
purpose.
18. Every tepo shall have, throughout his town, village, hamlet, or
district, the
same powers and authorities, and perform the same duties, as are
horeinbeforo con-
ferred and imposed on a kapcheong, with respect to his kHp.
19. All tepos and Upchoongs shall be immediately subordinate unto the
Registrar
General, and shall conform to his orders, and obey and enforce whatsoever
rules and
regulations he shall, with the approbation of His Excellency, frame and
issue for the
better execution of their respective duties under this Ordinance.
20, The amount of the salary of each tepo shall be fixed by His
Excellency iii
council, acid shall be raised by way of levy, at the same time with the
Police tax of his
town, village, hamlet, or district, upon the annual value of the Chinese
houses -within
the same, according to the assessment thereof to the said tax, and at a
rate per cetjt~;
sufficient to raise the acid amount; and it shall be the duty of the
Registrar General
ORDINANCE No. 6 -OF 185i.,,
Registration and Census.
to ascertain the said rate, and to receive the amount of the said levy
when made, and to
pay tbereout to the tepo his said salary, and to account with the
Government, and also
with the said town, village, hamlet, or district, for the remainder, if
any, of the amount
levied; anti the provisions of all Ordinances for the enforcement of the
payment of
Police taxes, sball be extended to the enforcement of the said levy.
2l.. A tepo shall be permitted to act as arbitrator in disputes of a
civil nature re.e,. ef
only, arising bo^tween Chillamau, willing to submit the same to his
arbitrament; and ttrbltrntian.
his award being reduced to writing, and approved by the Registrar
General, shall be
received in evidence, and may be carried into effect by ally Court
wherein the same
shall come in question.
22. The bawking of goods or wares in the streets or roads of this Colony
without
a licence from the Registrar General is hereby prohibited.
23. No licence for such bawkitv; shall be granted by the Reistrar General
to any
person except after proper enquiry into the character of the applicant,
and upon due
and ample security for his good conduct, and subject to forfeiture on his
conviction of
any offence before any Justice of the Peace. And every applicant, on
receiving his
said licence, shall pay therefor to the Registrar General, to the use of
the Crown, the
fee in that behalf mentioned in tile schedulo hereunto annexed.
2$. The Registrar General shall grant to such fit and proper persons,
being China.
men, as shall male application unto him in that behalf, licences to
undertake and per.
form the burials of Chinese dead in the cemeteries, and after the manner
prescribed
by law; and every such licence shall be limited in duration to one year,
but renewable'
at the expiration of each year; and there shall be paid to him to the use
of the Crown
for every such grant or renewal the fee in that behalf specified in the
schedule hereunto
annexed.
25. No person, not being an undertaker licensed under section 24, shall
hence- None b,tt
licensed
forward undertake or perform any burials of Chinese (lead, or dig any
grave within nndertnkera to
bury or dig
any such cemetery as aforesaid.
graves.
26. Every licensed undertaker is hereby required to use his best skill
and endea-
vour, to prevent and repress all offences against, and violations of, the
laws for regula-
ting Chinese burials, and to apprehend, or cause to be apprehended, all
persons accused
thereof, and from time to time to report every such offence or violation
to the Regis-
trar General with all reasonable speed.
2'7. It shall be lawful for the Registrar General to grant to such
persons, upon Licensing of
such security and in such form as he shall think fit, and upon payment to
him made
to, the use of the Crown of such fee therefor according to size as in the
said schedule
hereunto annexed is in that behalf specified, certificates of licence of
Chinese boats or
vessels plying for hire within the waters of this Colony, or carrying
passengers between
this Colony and the ports on the Chinese Main (other than Chinese boats
or, vessels
visiting this Colony merely for trading; purposes ;) and every such boat
or vessel shall
carry, on, each of her bows and on her stern, legibly,painted upon wood
or tin, the true,
Unlicensed
lmvkina
prolibltcd.
Conditions and
fens of hawking -
licences.
The licgistrnr
(ienernl to smut
undertaker's
licences.
1'be undertakers.
are required to
prevent and
repress offences
against Burial
Power to grunt
protection
tickets.
ate of boat
fares and coolly
hire.
Licences to
receive find
lodge coolies, 3:c.
ORDINANCE No. 6 of 1857.
Registration and Census.
number of her certificate aforesaid, which number shall be supplied by
the Registrar
General for that purpose; and no such certificate or number shall be
transferred or
lent unto any other boat or vessel, or the persons on board of the same,
nor shall any
certificate or number other than such as the said Registrar General shall
have granted
under this section be assumed or exhibited by any such boat or vessel, or
the persons
on board of the same. And every person having charge of any such boat or
vessel is
hereby commanded, whensoever thereunto required, to exhibit the
certificate granted
in respect thereof under this section. And all persons having charge of
Chinese boats
or vessels, and not having obtained or not having on board such
certificate as aforesaid
(other than as aforesaid) are hereby forbidden to employ their said boats
or vessels in
plying here within the said waters, ox in carrying passengers between
this Colony and
the said ports, or to cause, suffer, or connive at their said employment.
28. Upon security given to the Registrar General and to his satisfaction
for the
character and conduct of the persons concerned, and upon payment made to
him by
them of such fee therefor as in the said schedule hereunto annexed is in
that behalf
specified, the Registrar General, when thereunto requested by the said
persons, may
make out in such form as he shall think fit, and deliver unto the said
persons, a ticket
under his hand, entitling any Chinese boat or vessel having such
certificate as aforesaid
to the protection of Her Majesty's Naval Forces against pirates. And it
is hereby
required, that no such person shall lend any such protection ticket to
any other person,
and that no person shall use or borrow any protection ticket whereof he
is not the
grantee.
29. Scales of fares for all licensed boats and vessels within the said
waters, and
also scales for the hire of all coolies and labourers by the day, hour,
or job, with all
proper regulations for exceptional eases, shall be prepared and fixed,
and, if expedient,
from time to time altered and varied, by the Registrar General, subject
to the approval
of His Excellency the Governor in Council; and every such scale and
variation thereof
shall, when and as approved, be notified in the Government Gazette, and
shall be evi-
dence of the right of the parties concerned to the fares or hires therein
mentioned.
And a correct and complete copy of every scale of fares for the time
being in force shall
be furnished by the Registrar General to every such boat or vessel, which
copy the
persons owning or having charge of the said boat or vessel shall cause to
be fixed and
exhibited in some conspicuous part thereof. And no person owning or
having charge of
any such boat or vessel, or being such coolie or labourer, shall demand
or receive a
greater fare or hire than by the scale for the time being in force and
relating thereto
is sanctioned; and no such person shall refuse, without reasonable and
sufficient cause,
t6.accept employment according to his scale, whensoever offered in
conformity with this
Ordinance, or use any abusive or insolent language to any person soever,
so employing
on offering him such employment.
30. No person soever, Chinaman or European, shall lodge, receive, or
keep: any
Chinese labourers or coolies, (not being persons in his actual employment
as suohf.ort
bona fade inmates of his, tenement, boat, or vessel), nor any Chinese
emigrants, or-
ORDINANCE No. 6 of 187.
Registration and G'enszts.
intending emigrants, in or upon any tenement within this Colony, or on
board of any
boat or vessel lying within the same or the waters thereof, and not bein;
at the time
actually and bona fide engaged in or for the lawful voyage of the
labourers, coolies or
-('Migrants then on board thereof, unless such person shall have first
obtained from the
said Registrar General his licence in writing in that behalf, which
licence the said
Registrar General is hereby empowered to grant for such term and upon
such conditions
as he shall think fit, upon proof first made of the fitness of such
person to receive the
said licence, and upon payment by him to the said Registrar General
advanced and
made for the same of such yearly or other fee, as in the schedule hereto
is expressed,
.and he may from time to time call in and revol:o or alter the same so
often as lie shall
deem expedient.'
31. The Registrar General is charged especially for the purposes of this
Ordinance
to visit, inspect, and approve of any tenement, boat, or vessel, in
respect whereof appli-
cation shall be made to him for a licence, under section 30, before he
shall grant
or renew the same; and it shall be at all tunes during the continuance of
any licence
by him so granted or renewed, his duty to enforce the observance of good
order, decency,
and morality, and the prevention or punishment of nuisances and other
abuses among
the inmates thereof, and whether by them or by any other person
committed, and to
secure to the said inmates the enjoyment of their personal rights, as
British subjects
whether permanently or for the time being.
32. No private person shall occupy or erect any building or other thing
sooner
upon land not being under lease from the Crown, without the licence of
the Registrar
General, nor with such licence, if the same could not have been lawfully
occupied or
erected before the passing of this Ordinance.
33. Any Stipendiary Magistrate or Justice of the Peace may cause any
Chinese
person to find reasonable security for his appearance in any Court for
any purpose and
at any time within twelve months, and every adjudication to that effect
shall be re-
ported forthwith to His Excellency; and such Chinese not finding such
security shall
be deemed a person dangerous to the peace of the Colony, within the
meaning of Or-
dinance No. 2 of 1857.
34. Written licences under the hand of the Governor or Registrar General,
for r.ieenec9 for
public meetings.
the holding of meetings to consider in a lawful way the redress of
supposed grievances,
-or for religious or theatrical entertainments, or for any other purposes
of public in-
terest, may be granted to any Chinese occupiers applying for the same;
and without
such licences, no Chinese people shall hold or be present at any meetings
sooner of a
public nature, not convened by the Governor or sheriff, and not being
solely for the
purposes of religious worship.
35. Mendicancy in the public highways or streets is hereby
forbidden. Mendicancy
forbidden.
36: The Governor in Council is empowered to direct the census of
population to The powet tr.
direct censas.
be taken within this Colony from time to time as to His said Excellency
in Council
hall seem meet, -and every such direction may be addressed to the
Registrar General.
Visitation,
inspection, and
aPProTal of
tenements, &e.,
for the purpose
and prevention
of abase.
Residing or
building, &c.0 on
Crown land.
security to
appear within
twelve months.
Blank returns to
be prepared and
ORDINANCE No. G of 1s53; ..
Registration and Census.
3'l. Upon receiving any such direction, the Registrar General shall
prepare and
cause to be delivered at every dwelling and place of business throughout
this Colony,
a blank return, to be filled up before a certain day to be therein named
with tlie-
names and number of the occupiers and inmates of every such dwelling or
place of .
business, and the persons in their employment or residing with them or
within their
tenements according to their several names, sexes, occupations, and
countries.
niauiankqteve 38. Every such blank return shall, according to its tenor
and the truth of the
need up and
returned case, be filled up by the occupier of the dwelling or place of
business where the salve
shall have been left; anal he shall upon demand, within five days after
the day on
which the salve was so left, return, or deliver it, so filled up as
aforesaid, to the Re-
gistrar General.
1'cnnltles 39, persons violating, or disobeying, or failing to comply
with, tile several, pro-
visions of this Ordinance shall, upon summary conviction of such offence
before the
Registrar' General, or (if the said person shall so demand) before a
Stipendiary Ma-
gistrate, or any two Justices of the Peace, incur, and pay, or suffer the
several penal-
ties and forfeitures hereinafter respectively made applicable to the
same, that is-:
J. Against sec. i.
2. Against see. 8.
& ARninet cots.
11 and 12.
4. Against sets.
18, 14, 15, 18
and 19,
,
5, Against sec.
Against sec.
25, ,
7. Agninstsec.
24.
8. Against see-
27.
see-
8. Against sec.
28.
1. For every offence of vagrancy, (being a first offence), within the
meaning =
of section 7, the penalty of exposure in the stocks for a period not
exceed-
ing three hours, nor less than half-an-hour; or (being a second or subse-
quent offence) the like penalty together with the public infliction of not
more than thirty-six blows, nor less than five blows with a rattan; and
also together with deportation if His Excellency in Council shall think .
fit.
2. For every offence against section 8, a sum not exceeding forty
dollars, _nor
less than two.
3. For every offence against section 11, or section 12, a sum not
exceeding
twenty dollars, nor less than one dollar.
4. For every- offence against section 13, section 14, section 15, section
18, or
section 19, a sum not exceeding fifteen dollars, nor less than one dollar.
5. For every offence against section 2°_, a sum not exceeding ten
dollars,- nor.
less than fifty cents.
G. For every offence against section 25, a sum not exceeding twenty-five
dol-,..
lags, nor less than one dollar.
For every offence against section 26, a sun) not exceeding twenty-five
dol-'
lags, nor less than one dollar.
8. For every offence against section 27, a sum not exceeding fifty
dollars, nor-,
. less than five, or the forfeiture of the boat or vessel.
9. For every offence against section 28, a sum not exceeding fifty
dollars, nor
less than five, or if the Court shall so think fit tile forfeiture of the
boat;
-or vessel, either in lieu of, or in addition to, the said sum.
ORDINANCE No. G or 1857.
Registration and Census.
10. For every offence against section 29, a such not exceeding twenty
dollars,
nor less than fifty, cents.
11. For every offence against section 30 or section 31, a sum not
exceeding fifty
dollars nor less than five dollars.
12. For every offence against section 32, a sum not exceeding fifty
dollars, nor
less than five, (besides the expenses of the removal of the building or
thing occupied or erected).
13. For every offence against section 33, (unless the same shall be dealt
with
under the Ordinance therein mentioned,) a sum not exceeding fifty dollars,
nor less than five.
14. For every offence against section 34, a sum not exceeding one hundred
14. Agalt,.,tSt(c.
dollars, nor less than five.
15. For every offence against section 35, a sum not exceeding five
dollars, nor ls. Against .fe.
less than twenty cents; or the offender shall, at the discretion of the
Court, receive not more than thirty-six blows, nor less than five blows,
with a rattan; and he shall also, if His Excellency in Council shall so
decide, be deported to ally place in the Chinese Empire.
16. For every offence against. section 38, a sum not exceeding fifty
dollars, nor
less than one dollar.
17. And for every such disobedience, violation, or default, for which no
specific
penalty is hereinbefore provided, such sum, not, exceeding in any ease
twenty-five dollars, as the Court shall think fit.
40. In case of non-payment of any of the said pecuniary penalties, the
same may
'be recovered by any of the ways and means whereby, on any summary
proceedings
before Justices, penalties are or shall be recoverable; yet so as that no
offender against
section 38 shall be liable to be imprisoned in such case.
41. Over and above the pecuniary penalties appointed by section 39,
Chinese
offenders, if holding the office of k4tpcheong or tepo, shall be liable
to ignominious
removal or dismissal by His Excellency in Council after the methods and
usages of
the Chinese, and, if holding any licence herein specified, shall be
liable to the forfeit-
ure thereof.
10. Against sec.
Il. Against seas.
3U'and 31.
72. Agains 800.
32.
18. Against sec.
33.
34.
¢2. Where, upon the conviction of guy offender, it shall appear that,
before the
'Commission of the offence, he had given security to the Registrar
General under this
Ordinance, and that by such offence tile same is become forfeited, the
amount of such
security shall be deemed to be the penalty actually incurred by him, and
it shall not be
lawful for the Court to impose any penalty for his said offence, save and
except the
-amount of his said security.
43. Every adjudication under this Ordinance shall be final, unless
certiorari for
removing the proceedings, either before or after judgment, shall be
obtained, by tile
Crown or by the defendant, as the case may be, within ten days from the
first comb
16. Against sae.
38.
li. For eVery ...
i7Pfenee not -
speoiflcallP '
provided fur.
Enforcement
penalties.
Chinese officers
or licensees of-
fending liable to
ignominious dis-
3igsal,
In case of seen
city, the amount
of penalty to be
that of the secu-
rity.
ORDINANCE No. G of 1557.
Registration sand Census.
mencement of the said proceedings, and unless the proceedings upon the
said certiorari:
shall be prosecuted, with effect, in the Supreme Court, within six weeks
after the ob-.
taining thereof. And the costs of such certiorari and proceedings shall
be paid to or
by the Crown according to the event thereof.
Construction of 44. For the purposes of this Ordinance, the following-
terms. and words shall be
words.
severally taken, not only in their received sense, but also to extend to
and include the.
meanings hereinafter specified, that is to say:
-
4ovenpicr: 'Occupier,' 'Person occupying,' and ''.Master of a House or
Tenement' or-
'of a Boat or Vessel,' shall include every person acting as master
thereof,
occupant of the groundfloor thereof (if a house or tenement) at a rent,,
and (in the event of a vacant house, tenement, boat or vessel or of no
other occupier thereof being found) owner thereof, or his agent. And
'House,' 'Tenement ' or 'Building' shall include any shop, Outhouse,,
4 liouse or build- , t, 1>> ing.'
sued, or roof,1., And 'European' shall include all persons
other than Asiatics, and also all
such Asiatics (not being Chinese) as owe or shall owe permanent alleg-
iance unto Her Majesty:
And tchlno,e: And ' Chinese' shall include natives of Hongkong and other
places out of
the Empire of China, being of Chinese blood or following Chinese
usages:
xrcclttlou. Save only and except where by the express letter of this
Ordinance a more
limited meaning hath been attributed to any or either of the said terms
and words.
netrosnecclve. 45. All acts done before the passing of this Ordinance
which, if done after the
passing thereof, would have been legal and valid, shall be deemed legal
and valid for,
all purposes soever.
SCHEDULE TO WHICH THIS ORDINANCE REFERS
Fee for hawkers, , ,
1st Class Boats plying for hire,
.............................................
0.50 Quarterly.
10.00 Annually.
3rd 3.00
4th 0.50
Trading and fishing boats, 10.00
Undertakers' Liccnca, . , , 10.00
Licences of tenements and boats or boats for coolies (for every ten
inntatcs) if by the year, ,
And if by a lesser term (for every ten inm:rtes), . ,., 0.10 per dieau.
E Repealed by Ordinance 11-o. 8 of 1858.E
o r e.-For tire divisions into districts under section 8 see Government
Not cation-,
Grrzctle 9th !)IaJ, .857.
371
Title.
Preamble.
Repeal of ordinances and part of an ordinance.
Census and registration officer established.
Appoinments of officers.
Power and duties of the Registrar General.
Duties of the other officers and assistants.
The Chief Magistrate's authority to devolve upon the Superintendent and Registrar General .
Divison into districts, and numbering.
Numbers to be painted, lists of inmates to be exhibited, and tickets to be delivered to them.
Possession of tickets to be prima facie proof of delivery.
The occupier to be responsible for the inmates.
Statistical information to be furnished by occupiers.
Registration tickets in case of Chinese servants resident with Europeans.
Chinese tithings or kap.
Duties of kap.
Duties of the kapcheong.
The medium of executing process, &c., in a kap.
Power to elect and appoint tepos.
Powers and duties of the tepo.
The tepos and kapcheongs shall be regulated by the Registrar General.
Salary of the tepo.
Power of arbitration.
Unlicensed hawking prohibited.
Conditions and fees of hawking licences.
The Registrar General to grant undertaker's licenses.
None but licensed undertakers to bury or dig graves.
The undertakers are required to prevent and repress offences against Burial Laws.
Licensing of China boats, &c.
Power to grant protection tickets.
Scale of baot fares and coolie hire.
Licences to receive and lodge coolies, &c.
Visitation, inspection, and approval of tenements, &c., for the purpose and prevention of abuse.
Residing or building, &c., on Crown land.
Security to appear within twelve months.
Licences for public meetings.
Mendicancy forbidden.
The power to direct census.
Blank returns to be prepared and delivered.
The blanks to be filled up and returned.
Penalties.
1. Aginst sec. 7.
2. Against sec. 8.
3. Against secs. 11 and 12.
4. Against secs. 13, 14, 15, 18 and 19.
5. Against sec. 22.
6. Against sec. 25.
7. Against sec 26.
8. Against sec. 27.
9. Against sec. 28.
10. Against sec. 29.
11. Against sec. 30 and 31.
12. Against sec. 32.
13. Against sec. 33.
14. Against sec. 34.
15. Against sec. 35.
16. Against sec. 38.
17. For every offence not specifically provided for.
Enforcement of penalties.
Chinese officers or licensees offending liable to ignominious dismissal.
In case of security, the amount of penalty to be that of the security.
Certiorari.
Construction of words.
'Occupier.'
'House or building'
'Europeans.'
And 'Chinese.'
Exception.
Retrospective.
Abstract
371
Title.
Preamble.
Repeal of ordinances and part of an ordinance.
Census and registration officer established.
Appoinments of officers.
Power and duties of the Registrar General.
Duties of the other officers and assistants.
The Chief Magistrate's authority to devolve upon the Superintendent and Registrar General .
Divison into districts, and numbering.
Numbers to be painted, lists of inmates to be exhibited, and tickets to be delivered to them.
Possession of tickets to be prima facie proof of delivery.
The occupier to be responsible for the inmates.
Statistical information to be furnished by occupiers.
Registration tickets in case of Chinese servants resident with Europeans.
Chinese tithings or kap.
Duties of kap.
Duties of the kapcheong.
The medium of executing process, &c., in a kap.
Power to elect and appoint tepos.
Powers and duties of the tepo.
The tepos and kapcheongs shall be regulated by the Registrar General.
Salary of the tepo.
Power of arbitration.
Unlicensed hawking prohibited.
Conditions and fees of hawking licences.
The Registrar General to grant undertaker's licenses.
None but licensed undertakers to bury or dig graves.
The undertakers are required to prevent and repress offences against Burial Laws.
Licensing of China boats, &c.
Power to grant protection tickets.
Scale of baot fares and coolie hire.
Licences to receive and lodge coolies, &c.
Visitation, inspection, and approval of tenements, &c., for the purpose and prevention of abuse.
Residing or building, &c., on Crown land.
Security to appear within twelve months.
Licences for public meetings.
Mendicancy forbidden.
The power to direct census.
Blank returns to be prepared and delivered.
The blanks to be filled up and returned.
Penalties.
1. Aginst sec. 7.
2. Against sec. 8.
3. Against secs. 11 and 12.
4. Against secs. 13, 14, 15, 18 and 19.
5. Against sec. 22.
6. Against sec. 25.
7. Against sec 26.
8. Against sec. 27.
9. Against sec. 28.
10. Against sec. 29.
11. Against sec. 30 and 31.
12. Against sec. 32.
13. Against sec. 33.
14. Against sec. 34.
15. Against sec. 35.
16. Against sec. 38.
17. For every offence not specifically provided for.
Enforcement of penalties.
Chinese officers or licensees offending liable to ignominious dismissal.
In case of security, the amount of penalty to be that of the security.
Certiorari.
Construction of words.
'Occupier.'
'House or building'
'Europeans.'
And 'Chinese.'
Exception.
Retrospective.
Title.
Preamble.
Repeal of ordinances and part of an ordinance.
Census and registration officer established.
Appoinments of officers.
Power and duties of the Registrar General.
Duties of the other officers and assistants.
The Chief Magistrate's authority to devolve upon the Superintendent and Registrar General .
Divison into districts, and numbering.
Numbers to be painted, lists of inmates to be exhibited, and tickets to be delivered to them.
Possession of tickets to be prima facie proof of delivery.
The occupier to be responsible for the inmates.
Statistical information to be furnished by occupiers.
Registration tickets in case of Chinese servants resident with Europeans.
Chinese tithings or kap.
Duties of kap.
Duties of the kapcheong.
The medium of executing process, &c., in a kap.
Power to elect and appoint tepos.
Powers and duties of the tepo.
The tepos and kapcheongs shall be regulated by the Registrar General.
Salary of the tepo.
Power of arbitration.
Unlicensed hawking prohibited.
Conditions and fees of hawking licences.
The Registrar General to grant undertaker's licenses.
None but licensed undertakers to bury or dig graves.
The undertakers are required to prevent and repress offences against Burial Laws.
Licensing of China boats, &c.
Power to grant protection tickets.
Scale of baot fares and coolie hire.
Licences to receive and lodge coolies, &c.
Visitation, inspection, and approval of tenements, &c., for the purpose and prevention of abuse.
Residing or building, &c., on Crown land.
Security to appear within twelve months.
Licences for public meetings.
Mendicancy forbidden.
The power to direct census.
Blank returns to be prepared and delivered.
The blanks to be filled up and returned.
Penalties.
1. Aginst sec. 7.
2. Against sec. 8.
3. Against secs. 11 and 12.
4. Against secs. 13, 14, 15, 18 and 19.
5. Against sec. 22.
6. Against sec. 25.
7. Against sec 26.
8. Against sec. 27.
9. Against sec. 28.
10. Against sec. 29.
11. Against sec. 30 and 31.
12. Against sec. 32.
13. Against sec. 33.
14. Against sec. 34.
15. Against sec. 35.
16. Against sec. 38.
17. For every offence not specifically provided for.
Enforcement of penalties.
Chinese officers or licensees offending liable to ignominious dismissal.
In case of security, the amount of penalty to be that of the security.
Certiorari.
Construction of words.
'Occupier.'
'House or building'
'Europeans.'
And 'Chinese.'
Exception.
Retrospective.
Identifier
https://oelawhk.lib.hku.hk/items/show/112
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 6 of 1857
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“REGISTRATION AND CENSUS ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 17, 2025, https://oelawhk.lib.hku.hk/items/show/112.
