REGULATION OF CHINESE ORDINANCE, 1888

REGULATION OF CHINESE ORDINANCE, 1888

No. 3 of 1888.

An Ordinance to make provision for the regulation of
Chinese.

[7th May, 1888.]

1. This Ordinance may be cited as the Regulation of
Chinese Ordinance, 1888.

2. In this Ordinance,

(a) House means any dwelling, shop, out-house, shed
or roof.

(b) Householder means the actual tenant or occupant
of the whole of any building or tenement in a district of
Victoria or, in any case where there is no such person, then
the immediate landlord of the whole of such building or
tenement, but does not include or extend to any person
other than a Chinese, unless a portion of his house is rented
by any Chinese, and, in the case of any corporation, or if the
corporation is the immediate landlord, the secretary or
manager thereof shall be deemed the householder, and shall
be liable to all the provisions of this Ordinance.

(c) Occupier means any person acting as master of or
in charge of a house, or the occupant of the ground floor at
a rent, or, if no such person call be found, the owner of the
house or his agent.

(d) Vessel means any ship, junk, or boat of any kind
whatever, whether propelled by steam, sails, or oars, or
merely kept afloat as a residence or otherwise.

PART I.

REGISTRATION OFFICE.

3. The registration office at present existing shall be
continued, and the Secretary for CHinese Affairs and officers
and assistants of the said office shall discharge the duties
thereof.

[s. 4, rep. No. 62 of 1911.]

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
























PART II.

REGULATIONS.

5. It shall be for the Governor in Council to make
regulations necessary for the better carryll out of this
Ordinance, and may prescribe forms to be used thereunder.

[s. 6, rep. Law Amendment Ordinance 1923.]

PART III.

REGISTRATION OF HOUSEHOLDERS.


7.-(1) The City of Victoria shall, for the purposes of
registration of householders, be divided into the following
ten districts:-

(i) Kennedy Town; (vi) Chung Wan;
(ii) Shek Tong Tsui: (vii) Ha Wan;
(iii)Sai Ying Pun; (viii)Wanchai;
(iv) Tai Ping Shan; (ix) Bowrington; and
(v) Sheung wan; (x) Sookunpoo.

(2) The Governor in Council may order extend the
provisions of this Part to any part of the Colony, and such
part shall thereupon constitute a district for the purposes of
registration.

(3) The Governor in Council may alter any district or
boundaries thereof.

(4) The boundaries of every district shall be set-out in a
map to be kept at the office of the Secretary for Chinese
Affairs, a dulplicate of which shall be kept at the office of the
Director of Public Works.

8.-(1) Separate register books respect of each district
shall be kept in the office of the Secretary for Chinese Affairs.

(2) Any register book kept under any Ordinance hereby
repealed ahall form part of the register to be kept under this
Ordinance.

As amended by Law Rev. Ord., 1923. See also G.N. 231 of 1911. In addition
to the offices mentioned in section 7 (4) a sigined copy of the map dated 7th
June 1911 is also kept in the Land Office.
As amended by Law Rev. Ord., 1923.
























13. The Secretary for Chinese Affairs may summon in
writing before him any agent of a householde, any agent of a house-
holder, any, rent-collector, or any teneant of a portion of any
house, and such householder, agent, ren-collector, or tenant
shall appear at the time and place specified and furnish all
particulars respecting himself which are required by this
Ordinance to be recorded by the Secretary for Chinese
Affairs.

14.-(1) Whenever a fine is imposed upon any person
resident in any house, and not being he householder within
the meaning of this Ordinance, for any violation of the
provisions of any Ordinance as to the sale of intoxicating
liquors, every such fine or any part thereof, in case the same
has not been recovered from the actual offender or in case
the actual offender cannot be found or brought to trial, may
be covered from the householder by action or by summary
warant of distress, to issue out of the court by which such
fine has been imposed and to be executed against the goods
and chattels of such householder.

(2) The amount of every such fine, howsoever recovered,
from every such householder or voluntarily paid by him,
may be recovered by such householder from the offender
primarily liable for the same in an aciton for money paid to
his use.

15. In every case where personal service of it magistrate's
summons against any householder for any offence against
the provisions of this Part cannot be effected, it shall be
sufficient service to aflix one thereof outside the house
in respect of which such offence is charged, and to leave
another copy thereof at the registered address or last-known
place of abode or business of such householder, and, in case
such householder does not appear according to the exigency
of such summons, the magistrate may investigate the charge
against such householdeeer in his absence, and deal with the
same in evey respect as if such householder were present.

16. Whenever there are several persons householders in
respect of the same house, by reason of being tenants in
common or joint tenants, they shall each be equally liable
to the provisions of this Ordinance, until such provisions
have been complied with by one of such housholders.

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


































17. The fees specified in the First Schedule shall be
charged in respect of the matters mentioned therein.

PART IV.

DISTRICT WATCHMEN.

18. The Governor may appoint any person whom he may
consider to be sufficiently recommended by the inhabitants
of any district to the office of chief watchman of such
district; and such chief watchman shall be immediately
subordinate to the Secretary for Chinese Affiars and have,
within his district, all the powers and authorities of a
constable.

19. The governor may appoint for each district any
number of persons whom he may consider to be sufficiently
recommended to him by the inhabitants of such district to
fill the office of watchmen in such district; and every such
watchman shall be under the control of the Secretary fro
Chinese Affairs and immediately subordinate to the chief
watchman, and shall, within his district have all the powers
and authorities of a constable.

20. The Secretary for Chinese Affairs, with the approval
of the Governor in Council, shall make rules to be ovserved
by the said watchmen.

21. The Secretary for Chinese Affairs may remove any
chief or other watchman from the district to which he has
been appointed to any other district, may summarily dismiss
him, and may also inflict upon him any fine not exceeding
ten dollars for misconduct.

PART V.

RELIGIOUS CEREMONIES AND THEATRICAL PERFORMANCES.

22.-(1) Except as by this Ordinance provided, no person
shall, in any public stree or road within the City of Victoria,
play any musical instrument or bear any drum or gong in
connexion with any religious ceremony (except a funeral or
marriage) or with any annual or other festival.

* As amended by Law Am. Ord., 1923.
+ cf. No. 31 of 1911, s. 39B.
++ As amended by Law rev. Ord., 1923.


























(2) No person shall, within the City of Victoria, play the
Chinese reed pipe (except in connexion with a funeral or
marriage), or beat any drum or gong within any remises,
knowingly suffer or allow any such instrument to be played
or beaten upon his premises between the hours of 11 p.m.
and 6 a.m.

23.-(1) Except as by this Ordinance provided, no person
shall organise, equip, or take part in any procession, with
without music, in any public street or road in the City of
Victoria.

(2) This section shall not apply to any funeral or marriage
procession, whether with or without music, except in cases
where the Governor may so direct.

24.-(1) Except as by this Ordinance provided, no person
shall, in thee City of Victoria, or in any village of the
or nearer to any building than one hundred yards, erect any
inflammable structure, awning, or decoration in connexion
with any religious or other festival or ceremony, or any
exhibition connected with any such festival or ceremony.

(2) This section shall not apply to any scaffolding of wood
or bamboo necessary for the reinoval of a dead body, if such
scaffolding is removed within forty-eight hours form the
time of its erection.

25. Except as by this Ordinance provided, no person
shall discharge, kindle, or let off any firework in the City of
Victoria, or within three hundred feet of the praya wall, or
attempt to do so.

26. No person shall advertise, notify, or carry on any,
Chinese theatrical performance of a public nature unless an
abstract of the plot or nature of such performance has first
been furnished to the Secretary for Chinese Affairs, who may
issue a permit for such performance, without which permit
no such performance shall be advertised, notified, or carried
on.

27.-(1) The Governor may authorise the issue of permits
for-

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





(a) processions or music in the City of Victoria (other
than funeral or marriage processions), at suitable hours and
under suitbale conditions;

(b) the erection in the City of Victoria, or in villalges, of
cloth-covered sheds or decorations in suitable plaes, with
proper precautions for safety and for the extinction of fire;

(c) the discharge of fireworks in suitable places in or near
the City of Victoria; and

(d) Chinese Public theatrical performances.

(2) All such permits shall be issued in such manner and
on such conditions as the Governor may direct.

(3) The Governor may cancel or withdraw any such
permit.

(4) Permits for processions, theatricals, and other such
acts as are to be joined in by it number of persons shall be
issued one person only by name, the words and others
being added after such person's name.

(5) The person so named shall be responsible for the due
observance of all the conditions of the permit, and shall, if
so required, furnish such security for the observance of such
conditions as the Governor may direct.

28. all the provisions of sections 22 to 27 shall apply not
only to the places therein specifiec respectively, but also to
all such other places or districas may be specified in
regulations made by the Governoor in Council.

PART I.

ENCLOSURES AND NIGHT PASSES.

29. It shall be lawful for THe Governor iN Council to
direct that any district or street in Victoria or any part
thereof be inclosed by means of gates or otherwise, and that
all ingress or egress into or out the same be prohibited
at such times and for such period and in such manner as
to the Governor in Council may seem fit.

30.-(1) It shall be lawful for the Governor in Council
notification to direct no Chinese of either sex, with-
out, reasonable excuse, shall be at large in the City of
Victoria between such hours of the night as may be fixed, by
such notification, without a valid pass under this Ordinance.


(2) For the purposes of this section, night means from
9 p.m. to 5 a.m.

(3) Any contravention of such notification shall be, deemed
all offence against this Ordinance.

31.-(1) It shall be lawful for the Governor in Council,
by notification to direct that all or any Chinese, who may be
out in or about the City of Victoria or any part thereof at
night, shall, during the hours therein specified carry lamps
or lanterns: Provided always that one lamplantern shall
be sufficient for any number of persons, not exceeding twelve,
who belong to the same party.

(2) Every person who disobeys any such notification shall
be liable to a fille not: exceeding fifty dollars or to imprison-
ment, without hard labour, for any period not exceediing one
month.

(3) It shall be in the discretion of any officer of police, in
taking any charge under this section, to discharge the person
charged without bail, if he is satisfied, that such person is
either the lawful owner or holder of a vaild pass or has
his real, name and address.

32. The Colonial Secretary may, in his discretion, issue
the following passes:-

(1) to any Chinese resident in the Colony an annual
valid during the whole of the current year; and

(2) to any non-resident Chinese a special pass for such
period as the Colonial Secretary may think fit.

33. Any application for an annual special pass shall be
made through the Secretary for Chinese Secretary Affairs, who shall
keep a record of all such passes with the names and
addresses of the persons to whom they are issued.

34. The Colonial Secretary may at any time cancel and
call in any annual or special pass issued by him.

35. No annual or special pass shall be transferable, and
no person may use any such pass except the person to whom
it has been issued.

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



36. Notwithstanding anything contained in the Official
Signatures Fees Ordinance, 1888, or in this Ordinance, no
fee whatever0 shall be charged or payable upon the issue of
an annual or special pass.

37. If any annual or special pass is lost or destroyed or
cannot be found, it shall be lawful for th Colonial Secretary
to issue a duplicate thereof, on payment of a fee of one
dollars

38. The Captain Superintendent of Police may issue
to any applicant passes for each quarter of the carrent
year.

39. The Captain superintendent of Police shall cause a
register of passes to be kept in which the following particu-
lars hsall be entered:-

(1) the name and address of every person to whom passes
have been issued by him;

(2) the number of passes issued;

(3) the period for which the same were issued; and

(4) any other particulars which he may think it expedient
record.

40. No application shall, with it the order of a magistrate,
be entitled lo a greater number of passes than the Captain
Superintendent of Police may deem reasonable.

41. The Captain Superintendent of Police may, on reason-
ble grounds, refuse to issue passes to any applicant, without
the order of magistrate.

42.-(1) The Captain Superintendent of Police may, on reason-
able grounds, cancel and call in any pass issued by
him.

(2) Any person aggrieved by any such cancellation of a
pass may apply for redress to a magistrate, who may make
such order as the case may require.

43.-(1) A pass issued by the Captain, Superintendent of
Police used by any Chinese with the authority of the
person to whom such pass has been issued.




















(2) Any Chinese using such pass without such authority
shall be guilty of an offence against this Ordinance.

44. If any quarterly pass is lost or destroyed or cannot
be found, it shall be lawful for the Captain Superintendent
of Police to issue a duplicate thereof, on payment of a fee
fifty cents.

45. The forms of all passes issued under this Ordinance
shall, until the same are altered by the Governor in Council,
be those set forth in the Second Schedule.

46. Every person who, with intent defraud, forges
or alters any pass, or offers, utters, disposes of, or puts off
any pass, knowing the same to be forged or altered, shall be
guilty of felony, and shall be liable to imprisonment for any
term not exceeding two years.

47. Every person who, without reasonble excuse, has in
his custody or possession a forged or counterfeit pass or a
pass which has been unlawfully altered, knowing the same
to be forged or counterfeit or to have been so altered, shall
be guilty of a misdemeanor, and shall liable to imprison-
ment for any term not exceeding two years.

48. Every person who steals, or for ny unlawful purpose
takes from its place of deposit for time being or from
any person having the lawful custody thereof, any pass issued
under this Ordinance, or without reasonable excuse receives,
such pass, knowing the samee to have en feloniously stolen
or taken for any unlawful purpose aforesaid, shall be
guilty of felony, and shall be liable to imprisonment for any
term not exceeding two years.

49. Refusal or neglect, without, reasonable excuse, to
return on demand any pass which has been cancelled and
called in shall be an offence must his Ordinance.

PART VI

PLACARDS AND MEETINGS.

50.-(1) No person shall post up or exhibit, or cause to
be poseted up or exhibited, in or near any street, any public
notice or proclamation in the Chinese language without the
permission of the Secretary for Chinese Affairs.

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









(2) The Secretary for Chinese Affairs may refuse such
permission whenever he considers that the publication of
such notice or proclamation would be prejudicial to peace or
good order: Provided that this section shall not apply to
Government notices.

51. No Chinese shall hold or be present at any Chinese
public meeting whatever, not being meeting solely for
religious worship, without a permit under the hand of the
Governor, which may be issued to the occupier of the house
in or near which the meeting is to take place or to the person
convening the meeting.

PART VIII

OFFENCES AND PENALTIES.


52. Offences against this Oridnance shall be considered
to be-
(1) refusal, neglect, or omission to do any act required
to be done by this Ordinance or by any regulation made
thereunder;

(2) refusal to permit or obstruction of any scuh act;

(3) the doing of any act prohibited by this Ordinance or
by any regulation made thereunder; and

[(4), rep. No. 41 of 1922.]

(5) using or attempting to use any certificate issued under
this Ordinance which has not been duly issued to the person
so using or attempting to use it.

53. Every person convicted of an offence against this
Ordinance for which no penalty is specially provided shall
be liable for a first offence to imprisonment for any term not
exceeding two months and to a fine not exceeding one
hundred dollars; and for a second or subsequent offence
to imprisoment for any term not exceeding two months,
and to a fine not exceeding one hundred dollars.

54. All penalties incurred and compensations awarded
under, and expenses incurred in enforcing, this Ordinance,
may be recovered in a summry way before a magistrate.

* As amended by No. 24 of 1913 and Law Am. Ord., 1923.

























55. All copies or extracts of from any register or public
record kept in the office of the Secretary for Chinese Affairs
for the purpose of this Ordinance, and purporting to be
sealed with the seal of the said office and to be certified as
true copies or extracts by the Secretary for Chinese Affairs,
shall be received in evidence in all courts in lieu of the
originals.

FIRST SCHEDULE. [s. 17.]
FEES.

$ c.
1. Bond by non-resident householder ................ 5.00

SECOND SCHEDULE. [s. 45.]
FORMS OF PASSES.
[FACE.]



1. Or Special or Quarter as the case may be.
2. Leave blank for the pary, or insert Pirst quarter of,
Second quarter of , etc.
3. In the case of a quarterly pass, Captain Superintendent of Police.
4. In the case of a quarterly pass, omit these words.
5. In the case of a quarterly pass, add valid only for the
quarter of 19 .

As amended by Law Rev., 1923.
As amended by No. 24 of 1913 and Law Am. Ord., 1923.
[Originally No. 13 of 1888. No. 24 of 1913. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Registration office. Regulations. Division of City of Victoria into districts. Extension of Part III to any part of the Colony. Boundaries. Keeping of district registers. Particulars to be furnished by house-holder. Report of change of tenants. Certificate of registration. Giving of bond and appointment of agent by householder not resident in the Colony. Secretary for Chinese Affairs may summon householder or tenant, etc. Fines to be recoverable from householder in certain cases. [cf. No. 9 of 1911.] Mode of service of summons where personal service cannot be affected. [cf. No. 3 of 1890, s. 10(2).] Case of several householders. Fees. First Schedule. Appointment of chief watchmen of district. Appointment of watchmen for distrcit. Rules ofr watchment. Secretary for Chinese Affairs may remove watchmen. Provisions as to music. Provisions as to processions. Prohibition of erection of inflammable structures. Provisions as to fireworks. Provisions as to Chinese theatricals. Permits for processions, etc. One person to be named in permit. Extension of Part V to other places. Power to Governor in Council to inclose parts of City. Governor in Council may require night passes for Chinese. Governor in Council may require lights to be carried by Chinese at night. Issue of annual and special passes by Colonial Secretary. Application for annual for special pass; which may be cancelled; is not transferable; and is granted free. Ordinance No. 1 of 1888. Fee for duplicate. Issue of quartely passes by Captain Superintendent of Police. Register. Number to be issued; may be refused; and cancelled. Quarterly pass transferable. Duplicate quarterly pass. Forms of passes. Second Schedule. Forgery, etc., of pass. Having possession of forged pass. Stealing pass. Failure to return cancelled pass. Posting up of placards. Holding of public meetings. Offences. Penalties. Recovery of penalties and compensations.

[Originally No. 13 of 1888. No. 24 of 1913. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Registration office. Regulations. Division of City of Victoria into districts. Extension of Part III to any part of the Colony. Boundaries. Keeping of district registers. Particulars to be furnished by house-holder. Report of change of tenants. Certificate of registration. Giving of bond and appointment of agent by householder not resident in the Colony. Secretary for Chinese Affairs may summon householder or tenant, etc. Fines to be recoverable from householder in certain cases. [cf. No. 9 of 1911.] Mode of service of summons where personal service cannot be affected. [cf. No. 3 of 1890, s. 10(2).] Case of several householders. Fees. First Schedule. Appointment of chief watchmen of district. Appointment of watchmen for distrcit. Rules ofr watchment. Secretary for Chinese Affairs may remove watchmen. Provisions as to music. Provisions as to processions. Prohibition of erection of inflammable structures. Provisions as to fireworks. Provisions as to Chinese theatricals. Permits for processions, etc. One person to be named in permit. Extension of Part V to other places. Power to Governor in Council to inclose parts of City. Governor in Council may require night passes for Chinese. Governor in Council may require lights to be carried by Chinese at night. Issue of annual and special passes by Colonial Secretary. Application for annual for special pass; which may be cancelled; is not transferable; and is granted free. Ordinance No. 1 of 1888. Fee for duplicate. Issue of quartely passes by Captain Superintendent of Police. Register. Number to be issued; may be refused; and cancelled. Quarterly pass transferable. Duplicate quarterly pass. Forms of passes. Second Schedule. Forgery, etc., of pass. Having possession of forged pass. Stealing pass. Failure to return cancelled pass. Posting up of placards. Holding of public meetings. Offences. Penalties. Recovery of penalties and compensations.

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1923

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