PREVENTION OF CRIMES ORDINANCE, 1887

PREVENTION OF CRIMES ORDINANCE, 1887

No. 4 of 1887.

An Ordinance for the more effectual prevention of crimes.

[19th April, 1887.]

1. This Ordinance may be cited as the Prevention of
Crimes Ordinance. 1887.

2.-(1) It shall be lawful for the Governor, by an order
in writing under his hand and seal, to grarit to any convict
sentenced to imprisonment with hard labour, a licence to
be at large in this Colony or in such part thereof as in the

* As amended by Law Rev, Ord., 1923.





licence may be expressed, during such portion of his term
of imprisonment and on such conditions in all respects as
to the Governor may seem fit.

(2) It shall be lawful for the Governor to revoke or alter
any such licence by a like order at his pleasure.

3. So long as the licence continues in force and un-
revoked, the convict shall not be liable to be imprisoned by
reason of his sentence, but shall be allowed to go and remain
at large according to the terms of the licence.

4 -(1) Provided always that if it pleases the Governor
to revoke any such licence as aforesaid, it shall be law
for him, by warrant under his hand and seal, to signify to a
magistrate that thh licence has been revoked, and to
require him to issue his warrant for the apprehension of
the convict to whom the licence was granted, and the
magistrate shall issue his warrant accordingly, which shall
be executed by the constable to whom the same is deliver
for that purpose.

(2) The convict, when apprehended, shall be brought,
soon as conveniently may be, before, a magistrate who shall
thereupon issne his warrant for the recommitment of
convict to the prison or place of confinement from which
was released by virtue of the licence, and the convict shall
be so recommitted accordingly, and shall thereupon be
remitted to his original sentence, and shall undergo the
residue thereof its if no such licence had been granted.

5.-(1) A licence granted under this Ordinance may
in the form in the Schedule.
(2) If any holder of a licence is convicted, either by
verdict of a jury or on his own confession, of any offence,
his licence shall be forthwith forfeited by virtue of
Conviction.

6. Every holder of a licence who-
(1) fails to produce his licence when required to do so by
any judge or magistrate before whom he may be brought
charged with any offence or by any officer of police in whose
custody he may be, and also fails to shew good cause why
he does not produce the same; or



* As amended by Law Am, Ord., 1923.






(2) breaks any of the other conditions of his licence by an
act that is not of itself punishable,

shall be deemed guilty of an offence punishable summiarily
by imprisonment for any term not exceeding three months.

7. Any police officer may, without warrant, take into
custody any holder of a licence whom he may reasonably
suspect of having committed any offence or of having broken
any of the conditions of his licence, and may detain him in
custody until he can be taken before it magistrate and dealt
with according to law.

8. Where any licence is forfeited or revoked the convict
after undergoing any punishment to which he may
be sentenced for the offence in consequence of which his
licence is forfeited or revoked, further undergo a term of
imprisonment with hard labour equal to the portion of the
term that remained unexpired at the time of his licence
being granted, and shall be detained in any prison in which
he may be confined, by warrant of a Magistrate, and shall
be liable to be there dealt with in all respects as if such
term of imprisonment had formed part of his original
sentence.

9.-(1) Any constable in any plice district may, if
authorised to do in writing by the chief officer of police
of that district, without warrant, take into custody any
convict who is the holder of a licence if it appears to such
constable that the convict is getting his livelihood by
dishonest means, and may bring him before a magistrate.

(2) If it appears to the magistrate that there are reason-
able grounds for believing that the convict is getting his
livelihood by dishonest means, he shall be deemed to be
guilty of an offence, and his licence shall be forfeited.

10.-(1) Where, in any licence any conditions different
from or in addition to those contained in the formin the
Schedule are inserted, the holder of the licence, if he breaks
any such conditions by an act that is not of itself punishalbe,
shall be deemed guilty of an offence, and shall be liable to
imprisonment for any term not exceeding three months.























(2) A copy of any conditions annexed to any licence other
than the conditions contained in the form in the Schedule,
shall be laid before the Legislative Council within twenty-one
days after the making thereof, or if there is no meeting of
the Comicil within that period, then it the next meeting of
the Council.

11.-(1) Every holder of a licence who is at large in the
Colony shall notify the place of his residence to an inspector
or seraeant on duty in the charge room at the Central Police
Station, who shall then indorse on the licence the police
station at which the said holder shall report himself.

(2) Whenever the said holder changes his place of res-
idence, he shall notify such change at the police station
indorsed on his licence, and the officer in charge shall indorse
on his licence the station nearest to his residence, and the
said holder shall report, himself at the police station so
directed by the indorsement.

(3) Every male holder of a licence shall, once in each
month, report himself at such time as may be prescribed by
the officer in charge of the station indorsed on his licence,
either to such officer himself or to such other person as that
officer may direct.

(4) If any holder of a licence who is at large in the Colony
remains in any place for forty-eight hours without notifying
the place of his residence at the station indorsed on his
licence, or fails to comply with the requisitions of this section
on the occasion of any change of residence or as to reporting
himself, he shall in every such case, unless he proves to the
satisfaction of the court or magistrate that he did his best to
act in conformity with the law, be guilty of an offence, and
his licence may, in the discretion of the court or magistrate,
be forfeited; or if the term of imprisonment in respect of
which his, licence was granted has expired at the date of his
conviction, he shall be liable to imprisonment for any term
not exceeding one year, or if the said term has not expired
and the remainder is less than one year, then he shall be
liable to imprisonment, (to commence at the expiration of
he said term), for such period as, together with, the remainder
of the said term, will not exceed one year.

* As amended by Law Am. Ord., 1923.





12. The following provisions are made with a view to
facilitate the identification of criminals:-

(1) a register of all persons, convicted of crime in the
Colony shall be kept, in such form and containing such par-
ticulars as may be prescribed by the Governor, under the
management of the Captain Superintendent of Police or such
otjer person as the Governor may appoint;

(2) the Superintendent of Prisons shall make returns of the
persons convicted of crime and coming within his custody,
in such form and with such particulars as the Governor may
require;

(3) the Governor may make regulation as to the photo-
graphing of all prisoners in the faol convicted of crime,
prescribing the time at which and the manner and dress
in which such prisoners are to be photograaphed, and the
number of photographs of each prisoner to be printed, and
the persons to whom such phtographs are to be sent.

Such regulations shall be deemed to be regulations for the
government of the prison and binding on all persons, in the
same manner as if they were contained in the rules made
under any Ordinance relating to prisons; and any prisoner
refusing to obey any such regulation shall be deemed guilty
of an offence against prison discipline within the meaning of
such Ordinance.

SCHEDULE. [s. 5.]
FORM OF LICENCE.

The Governor is pleased to grant to , who was
victed of at the criminal session of the Supreme
court for the Colony of Hongkong on the day of
19 , and was then and there sentenced to imprisonment with hard
labour for the term of and is now confined in the
, his licence to be at large from
the day of his liberation under this order during the remaining portion
this said term of imprisonment, unless the said
shall, before the expiration of the said term, be convicted of some
indictable offence within the Colony, in which case such licence will be
immediately forfeited by law, or unless it shall please the Governor
sooner to revoke or alter such licence.


* As amended by Law Rev. Ord., 1923.

This licence is given subject to the conditions indorsed upon the
same, on the breach of any of which it will be liable to be revoked
whether such breach is followed by a conviction or not.

And the Governor hereby orders that the said
be set at liberty within 30 days from the date of this order.

Given under my hand seal at Victoria, Hongkong, this
day of , 19

By His Excellency's Command,

(Signed.) Colonial Secretary.

CONDITIONS.

1. The holder shall preserve his licence and produce it when called
upon to do so by a magistrate, justice of the peace, or police officer.

2. He shall abstain from any violation of the law.
3. He shall not habitually associate with notoriously bad characters,
such as reputed thieves and prostitutes.

4. He shall not lead an idle and dissolute life without visible means
of obtaining an honest livelihood.

5. If his licence is forfeited or revoked in consequence of a conviction
for any offence, he will be liable to undergo a term of imprisonment
with hard labour equal to the portion of his term of years
which remained unexpired when his licence was granted, viz., the term
of years.
[Originally No. 11 of 1887. Law Rev. Ord., 1924.] Short title. Licences to be at large under sentence of hard labour. 16 & 17 Vict.c. 99, s. 9. Effect of licence. 16 & 17 Vict.c. 99, s. 10. Effect of revocation of licence. 16 & 17 Vict.c. 99, s. 11. Form and forfeiture of licence. 27 & 28 Vict.c. 47, s. 4. Schedule. Offences by holder of of licence. 27 & 28 Vict.c. 47, s. 5. Apprehension of holder of licence without warrant. 27 & 28 Vict.c. 47, s. 6. Effect of forfeiture or revocation of licence. 27 & 28 Vict.c. 47, s. 9. Forfeiture of licence if holder is getting his livelihood by dishonest means. 34 & 35 Vict.c. 112, s. 3. Penalty for breach of conditions of licence. 34 & 35 Vict.c. 112, s. 4. Duty of holder of licence to notify place of residence to police. 34 & 35 Vict.c. 112, s. 5. Register and photographing of criminals. 34 & 35 Vict.c. 112, s. 6. [cf. No. 4 of 1899.]

[Originally No. 11 of 1887. Law Rev. Ord., 1924.] Short title. Licences to be at large under sentence of hard labour. 16 & 17 Vict.c. 99, s. 9. Effect of licence. 16 & 17 Vict.c. 99, s. 10. Effect of revocation of licence. 16 & 17 Vict.c. 99, s. 11. Form and forfeiture of licence. 27 & 28 Vict.c. 47, s. 4. Schedule. Offences by holder of of licence. 27 & 28 Vict.c. 47, s. 5. Apprehension of holder of licence without warrant. 27 & 28 Vict.c. 47, s. 6. Effect of forfeiture or revocation of licence. 27 & 28 Vict.c. 47, s. 9. Forfeiture of licence if holder is getting his livelihood by dishonest means. 34 & 35 Vict.c. 112, s. 3. Penalty for breach of conditions of licence. 34 & 35 Vict.c. 112, s. 4. Duty of holder of licence to notify place of residence to police. 34 & 35 Vict.c. 112, s. 5. Register and photographing of criminals. 34 & 35 Vict.c. 112, s. 6. [cf. No. 4 of 1899.]

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