GAMBLING ORDINANCE, 1891

GAMBLING ORDINANCE, 1891

No. 2 of 1891.

An Ordinance to consolidate and amend the laws relating
to gambling, common gaming houses, and lotterics.

1. This Ordinance May be cited as the Gambling Ord-
nance, 1891.

2. In this Ordinance,

(a) Common gaming house means and includes any
place opened, kept, or used-
(1) for playing therein at any game of chance or any mixed game
of chance and skill-

(i) in which a bank is kept by one or more of the players
exclusively of the other or others; or

(ii) in which the chances of the game are not alike favour-
able to all the players, including among the players the
banker or other person by whom the game is managed or
against whom the players stake, play, or bet; or

(iii) in which any commisson or percentage is charged in
connexion with the game, the stakes, or the winnings; or

(2) for the purpose of a lottery or lotteries.

(b) Gambling applies to and includes lotteries.

(c) Implements or appliances of gambling include all
articles which are used in or for the purpose of gambling or
a lottery.

As amended by Law Rev. Ord., 1923. Revenue Officers. may arrest without
warrant in respect of offences against the provisions of this Ordinance.
See No. 2 or 1917.
As amended by law, Rev. Ord., 1923.





(d) Keeper means and includes the occupier or person
having the use temporarily of any common gaining house, or
any person having or appearing to have the care or manage-
ment of such place, and also any person who acts in any
manner assisting in conducting the business of any such
place or keeping watch in or about the same.

(e) Any place In which lottery tickets are sold, procured
or distributed or any place ill which money or money's worth
in connexion with a lottery is paid or distributed, shall be
deemed to be kept for the purpose of a lottery.

(f) Lottery includes any game, method, or device
whereby money or money's worth is distributed or allotted
in any manner depending upon or to be determined by
chance or lot or the result of any race or contest, whether the
same is held, drawn, exercised, or managed within or with-
out the Colony.

(g) Place means and includes any house, room, office
agency, boat, vehicle, or vessel, or any erection movable or
otherwise, or any spot on land or water.

(h) Street shall be deemed to include and extend to
any road, lane, alley, passage, pier, park, recreation
ground, or other open space whatsoever.

3. A place which is used as an ordinary social club to
which the public at large have not access shall nevertheless
be deemed a common gaining house if kept or used either
for the playing of any of the games mentioned in paragraph
(1) of the definition of Common gaining house in Section
2, or for the purpose mentioned in paragraph (2) of that
definition.

4. In case of any complaint made under this Ordinance, it
shall not be necessary to prove that any person found playing
at any game Was Playing for any money, wager, or stake.

5. - (1) Every Person, being the owner of any place, who
knowingly the same to be opened, kept, or used by
another person as a common gaming house shall upon
summary conviction be liable, to a fine not exceeding one
thousand dollars: Provided that no prosecution under this
section shall be commeneed without the fiat of the Attorney
General.

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





(2) In this section, owner means and includes the holder
or any tenement direct from the Crown, whether under lease,
licence, or otherwise, or the immediate landlord of any tene-
ment, or the agent of any such holder or landlond who is
absent or under disability.

6. The keeper of a common gaining house shall upon
Sumimary convictioll be liable to a fine not exceeding one
dollars, and imprisonment: Provided that the
aggregate term of imprisonment imposed, whether for default
in payment of the penalty or otherwise, shall in no case
exceed the term of nine months.

7.-(1) Every person, who---
(a) plays in a common gaming house; or
(b) buys any lottery ticket,
shall upon summary conviction be liable to a fine not exceed-
ing twenty-five dolfars.
(2) Every person who sells or has in his possession with a
view to sale any lottery ticket shall upon summary con-
viction be liable to a fine not exceeding one thousand dollars.
(3) Every person found in a common gaming house or found
escaping therefrom on the occasion of its being entered
under this Ordinance shall, until the contrary is proved, be
presumed to be or to have been playing therein.
(4) Every person found in possession of any lottery ticket
shall, until the contrary is proved, be presumed to have the
said ticket in his possession with a view to sale.

8. Every person who furnishes or advances money for the
purpose of gaming in any common gaming house or for the
purpose of establishing or conducting a common gaming
house or a lottery shall upon summary conviction be liable
to a fine not exceeding one thousand dollars.

9. Exery person who----
(1) declares or exhibits, expressly or otherwise, the winner
or winning number, ticket lot, figure, design, symbol, or
other result of any lottery; or
(2) writes, prints, or publishes, or cause to be written,
printed, or published, any lottery ticket or list to prizes, or
any announcemnet of the result of a lottery, or any announce-
ment relating to a lottery; or

As amended by Law Am. Ord., 1923.





(3) announces or publishes, or causes to be announced
published, either orally or by means of any print, writing,
design, sign, or otherwise, that any place is opened, kept, or
used as a common gaming house,

shall upon summary conviction be liable to a fine not exceed-
ing one hundred dollars, or to imprisonment, without hard
labour, for any term not exceeding three months.

10. It shall be lawful for any justice of the peace or officer
of police duly authorised by syaily justice of the
peace (which shall be in the form in the Schedule) with such
assistants as may he necessary, to enter and, if necessary, to
break into any place which such justice of the peace, from
sworn information or of his own knowledge, has reasonable.
grounds to suspect and believe to be a common gaming
house, and to arrest such persons as be found therein,
and to seize all cards, dice, balls, counters, tables, lottery
tickets., or otherof implements of gambling or which may be
used as such, and also all moneys or securities for money
which may be either in actual use for the purpose of gain
bling or be found upon the persons of the keepers of such
place, and the said implements of gambling and moneys or
securities for money, on conviction of the offender, shall be
forfeited.

11. Where any cards, dice, balls, counters, tables, lottery
tickets, books or other implements of gambling are found in
any place suspected of being a common gaming house and
entered under a warrant issued under this Ordinance, or
about the person of any of those who may be found therein,
it shall be evidence (until the contrary is made to appear)
that such place is used as a common gaming house, and that
the persons found in the place where such implements of
gambling have been found were playing therein, although
no play was actually going on in the presence of the con-
stable or officer entering the same under a warrant issued
under this Ordinance, or in the presence of any assistants
by whom he may be accompanied as aforesaid; and it shall
be lawful for the magistrate before whom any person may
be taken by virtue of the warrant to direct all such imple-
ments of gambling to be forfeited or destroyed.

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






12. Every person who

(1) wilfully prevents any justice of the peace or officer
authorised by warrant under this Ordinance to enter any
place from entering the same or any part thereof; or

(2) obstructs or delays any such justice of the peace or
officer in so entering; or

(3) by any bolt, bar, chain, or other contrivance, secures
any external or internal door of or means of access to any
place so authorised to be entered; or

(4) uses any means or contrivance whatsoever for the
purpose of preventing, obstructing, or delaying the entry of
any constable or officer authorised as aforesaid into any such
place or any part thereof,

shall upon summary conviction be liable to a fine not exceed-
ing five hundred dollars, or to imprisonment for any term
not exceeding six months.

13. Where any officer of police authorised under section
10 to enter any place is wilfully prevented from or obstructed
or delayed in entering the same or any part thereof, or
where any external or internal door of or means of access to any
such place so authorised to be entered is found to be fitted or
provided with any bolt, bar, chain, or any means or contriv-
ance for the purpose of preventing, delaying, or obstructing
or provided with any means or contrivance for gaming, or
with any means or contrivance for concealing, removing, or
destroying any implements of gambling, it shall be evidence
(until the contrary is made to appear) that such place is a
common gaming house within the meaning of this Ordinance,
and that the persons found therein were unlawfully gaming
therein.

14.-(1) It shall be lawful for any magistrate before whom
any persons are brought who have been found in any place
entered in pursuance of section 10 to require any of such
persons to be examined upon oath and give evidence touch-
ing any gaming in any such place or touching any act done
for the purpose of preventing, obstructing, or delaying the
entry into such place or any part thereof of any contable or






officer authorised as aforesaid; and no person so required to
be examined as a witness shall be exensed from being so
examined when brought before such magistrate, or from
being examined at any subsequent time by or before the
same or any other magistrate or any court on any proceeding,
or the trial of any indictment, information, action or suit in
anywise relating to such unlawful gaming or any such acts
as aforesaid, or from answering any question put to him,
touching the matters aforesaid, on the ground that his
evidence will tend to criminate himself.

(2) Any such person so required to be examined as a
witness who refuses to make oath accordingly, or to answer
any such question as aforesaid, shall be subject to be dealt
with in all respects as any person appearing as a witness
before any magistrate or court in obedience to a summons or
subpoena, and refusing, without lawful cause or excuse, to
be sworn or to give evidence, may be dealt with according
to law.

15.-(1) Every person so requied to be examined as a
witness as aforesaid who, on such seamination, make true
and faithful discovery to the best of his knowledge of all
things as to which he is so examined shall, if the magistrate
or judge by whom he is so examined is satisfied that such true
and faithful discovery has been made, receive from such
magistrate or judge a certificate in writing under his hand
to that effect, and shall be freed from all criminal prosecu-
tions and penal actions, and from all penalties, forfeitures,
and punishments to which he may have become liable for
anything done before that time in respect of the matters
touching which he has been so examined.

(2) If any action, indictment, or information is at any time
pending in any court against any person so examined in
respect of any act of gambling touching which he was so
examined, and if any action, indictment, or information is at
any time pending in any court against any person so examined
as a witness in manner before mentioned, for any such matter
or thing, such court shall, on the production and proof of
such certificate, stay the proceedings in such action, indict-
ment, or information, and may award to such person such
costs as he may have been put to by such action, indictment,
or information.





16. Every person found gambling in the street or acting as
watchman to street gamblers shall upon summary conviction
be liable to a fine not exceeding twenty-five dollars, or to
imprisonment for any term not exceeding two months.

17. Where any persons are found gambling in the street
all implements of gambling, and also all money in actual use
for the purpose of gambling or found in the possession of
such persons, may be forfeited by the magistrate.

[s. 18, rep. No. 9 of 1912.]

19. Every male person convicted of an offence under this
Ordinance who may appear to be such tender years as to
require punishment rather in the way of school discipline
than of ordinary criminal justice may, in lieu of any other
punishment hereby provided, be sentenced to be whipped.

SCHEDULE.
FORM OF WARRANT.

HONG KONG
To each and all of the constables of the said Colondy.

WHEREAS it appears to me A.B., one of the justices of the peace
for the said Colony of my own knowledge, [or by the information upon
oath of C.D., of ,] that the place [here insert description of the
place] is kept or used as a common gaming house within the meaning
of the Gambling Ordinance, 1891: This is, therefore, to require you,
with such assistance as may be necessary, to enter and, if necessary, to
break into the said place, and to arrest all such persons as may be
found therein, and to seize all cards, dice, balls, counters, tables, lottery
tickets, and other implements of gambling or which may be used as
such, and also all moneys or securities for money which may be either
in actual use for the purpose of gambling or be found upon the persons
of the keepers of such place, and the said implements of gambling and
moneys or sercurities for money to bring before a magistrate, to be
dealt with according to the Ordinance; and for so doing this shall be
your warrant.

Given under my hand and seal at Victoria, in the said Colony this
day of , 19.

[L.S.] (Signed) A.B., J.P.


As amended by Law Am. Ord., 1923.

[Originally No. 7 of 189]. Law Rev. Ord., 1924. Short title. Interpretation. Club used as gaming house. Proof of gaming for money not necessary. 8 & 9 Vict, c. 109, s. 5. Penalty on owner of place permitting same to be used as common gaming house. 17 & 18 Vict, c. 38, s. 4. Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and persons. Schedule. Evidence of gaming. 8 & 9 Vict, c. 109, s. 8. Penalty on person obstructing entry of justice, etc. 17 & 18 Vict, c. 38, s. 1. Obstructing entry of constable, etc., to be evidence of house being used as common gaming house. 17 & 18 Vict, c. 38, s. 2. Power to magistrate to require person apprehended to be sworn and give evidence. 17 & 18 Vict, c. 38, s. 5. [cf. No. 3 of 1873, s. 30, and No. 3 of 1890 ss. 17(4) and 69(2).] Person required to be examined as witness and making full discovery to be free from all penalties. 17 & 18 Vict, c. 38, s. 6. Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

[Originally No. 7 of 189]. Law Rev. Ord., 1924. Short title. Interpretation. Club used as gaming house. Proof of gaming for money not necessary. 8 & 9 Vict, c. 109, s. 5. Penalty on owner of place permitting same to be used as common gaming house. 17 & 18 Vict, c. 38, s. 4. Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and persons. Schedule. Evidence of gaming. 8 & 9 Vict, c. 109, s. 8. Penalty on person obstructing entry of justice, etc. 17 & 18 Vict, c. 38, s. 1. Obstructing entry of constable, etc., to be evidence of house being used as common gaming house. 17 & 18 Vict, c. 38, s. 2. Power to magistrate to require person apprehended to be sworn and give evidence. 17 & 18 Vict, c. 38, s. 5. [cf. No. 3 of 1873, s. 30, and No. 3 of 1890 ss. 17(4) and 69(2).] Person required to be examined as witness and making full discovery to be free from all penalties. 17 & 18 Vict, c. 38, s. 6. Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

https://oelawhk.lib.hku.hk/items/show/1143

1923

v2

148

No. 2 of 1891

7