VAGRANCY ORDINANCE, 1897

VAGRANCY ORDINANCE, 1897

No. 9 of 1897.

an ordinance to amend the law relating to cagrants.
[22 nd November, 1897]

1. this ordinance may be cited as the vagrancy ordi-
nance, 1897.

2. in this ordinance,
(a) agent of a vessel includes any person who under-
takes the agency of such vessel, although he may not be
the consignee thereof.



As amended by Law Rev. Ord., 1924.
As amended by No, 5 of 1913,





(b) Vagrant means any person, other than a Chinese,
found asking for alms or being without either employment
or visible means of subsistence or being a prostitute,
however that no action shall be taken under the provisions
of thts Ordinance against any prostitute save under the
authority of the Governor in Gouncil.

3.-(1) The governor may provide houses of detention for
vagrants and may appoint superintendents thereof any other
officers and may remove them at pleasure.

(2) The Governor may by notification certify any
or part of a building to be a house of detention.

(3) until such house is provided, victoria gaol may be
used as such house for th purposes of this ordinance.

4.(1) every house of detention shall be under the
immediate charge of the superintendent thereof.

(2) Until any other appointment Is inade, the Super-
intendent of Prisons shall be the superintendent of the house
of detention authorised by section 3 (3).

5. Any police officer may require person who is
apparently a vagrant to accompany him or any other police
officer to, and to appear before, a magistrate.

6. the magistrate shall, in such case or in any other case
where a person apparently a vagrant comes before him, make
a summary inquiry into his circumstance and, if satisfied
that he is a vagrant, shall declare him to be such, adding,
where practicable, any prior date from which, in his opinion,
such person has, in this colony, been a vagrant.

7. if the magistrate is further of opinion that suhc vagrant
is not likely to obtain employment at onece, or if he has reason
to believe that a declaration of vagrancy has on any former
occasion been reocred in respect of such vagrant, he shall
require him to go to a house of detention, and shall draw up
an order to that effect.

* As amended by Law Rev. Ord., 1921.





8. Such vagrant shall then be placed in charge of the
police snd the said order shall fle a sufficlent mithoritY to the
police for retaining him in their. charge while he is on his way
to a, house of detention, and to the superintendent thereof for
receinging and detaining him.

9.(1) where the magistrate dealing with such. Vagrant
of opinion that he is likely to obtain employment in the
Colony, he may forward. him in charge. of the police to the
place where such employment is likely to be obtained, and
shall draw up an order to that effect.

(2) such order shall be a sufficient authority to the police
for retaining the vagrant in their charge while he is on his
way to such place of employment, and afterwards, in case be
does not succeed in obtaining such employment.

10.(1) the magistrate dealing with any vagrant shall,
to the best of his ability, assist him in seeking employment,
and may in the meantime keep such vagrant in charge of
the police,

(2) if the vagrant fails to obtain suitable employment with-
in a reasonable time, not exceeding at the most seven days,
the magistrate shall forward him to a house of detention, as
provided in section 7.

[s, 11, rep no. 2 of 1905]

12. every vagrant detained in a house of detention shall
be allowed the same scale of diet as is allowed to adult
prisoners who have completed the first seven days of their
imprisonment,

13. every vagrant admitted to a house of detention shall
be subject to the same regulations as are prisoners in goal
with respect to



(a) search of his person, clothing, and effects;
(b) custody of his colthing and effects

(c) the wearing of a distinctive dress
(d) pensonal cleanliness ; and

(e) hours, meals, Labour, and general conduct

As amended by Law Rev. Ord., 1924.





Provided always that such regulations may he modified in
relation to vagrants by regulations approved by the
Governor in Council, and further, that any money or effects
of any vagrant may be applied towards the expense of carry-
ing, this Ordinance into execution for his benefit.

14. Any vagrant who knowingly disobeys any regulation
shall be liable to the same punishment as if he were a mis-
demeanant in gaol.

15. the superintendent of every house of detention shall
forward weekly to the harbour master a list of such vagrants
under his charge as are seamen, and shall otherwise use his
best endeavours to obtain suitable employment outside such
house for the vagrants admitted thereto.

16. when such employment is obtained, any vagrant who
refuses or neglects to avail himself thereof shall upon sum-
mary conviction be liable to imprisonment for any term not
exceeding one month,

17. any vagrant may be allowed to enter into an agree-
ment in writing with the colonial secretary, binding himself
to embark on board such ship and at such time as the
superintendent of the house of detention in which such
vagrant is detained may direct, for the purpose of being
removed from the colony at the expense of the government,
to remain on board until such ship has arrived at the port
named in such agreement, and not to return to the colony
within five years.

18. every such agreement may be on unstamped paper,
and shall be in the form in the schedule or as near thereto
as may be.

19. the cost of the removal from the colony of any vagrant
under this ordinance shall be defrayed by the government,
subject to the provisions hereinafter contained for its refund.

20.(1) when a vagrant has entered into such agreement,
unless, in the opinion of the superintendent of the house of
detention in which such vagrant is detained, suitable employ-
ment for him is likely to be speedily found, such superintend-
ent may enforce such agreement and cause such vagrant to



As amended by Law Rev. Ord., 1924.





be removed from the colony, and, If he deems it desirable
may call in the assistance of the police to place such vagrant
on board ship, and he may be detained on board and shall
be deemed in lawful custody while the ship is within the
waters of the colony.

(2) if, after the lapse of a reasonable time, no suitable
employment is obtainable for a vagrant detained in a house
of detention, and he has not entered into the agreement here-
inbefore mentioned, or it is not thought desirable to remove
him from the colony, the superintendent of such house of
detention may cause section 26 and 29 to be read to such such
vagrant and may then release him.


21.-(1) Whenever any person, not being a Chinese, arrives
in the Colony, under an engagement to serve any person,
firm, conipany, association, or body of persons, in any
capacity ; and

(2) whenever a non-commissioned officer or soldier in his
Majesty's army leaves the army in the Colony, under such
an engagement ; and

(3) whenever any seaman, other than a Chinese, is dis-
charged from his ship in the Colony, without the sanction of
the Superintendent of the Mercantile Marine Office or his
deputy, and without reasonable provision having been made
as to his subsistence, or, not being a deserter, is wrongfully
left behind in the Colony,

and within six months from the date of such arrival, leaving
the army, or discharge, such person, non-commissioned officer
or soldier, or seaman respectively becomes chargeable to the.
Colony as a vagrant, then, in cases within sub-sections
(1) and (2), the person, firm, company, association, or
body of persons with whom such engagement was made,
and, in cases within sub-section (3), the master of the
ship from which such seaman has been so discharged or by
whom he has been so left behind, shall respectively be liable
to repay to the Government all costs and charges incurred
on his behalf since he became a vagrant, including hospital
costs and charges and the cost of his rernoval under this
Ordinance. Such person shall be deemed to have become a
vagrant at and from the date mentioned in the magistrate's
declaration as that from which, in his opinion, such person
has been a vagrant.





22. The master of any ship, British or foreign, which
brings into the Colony any person, other than a Chinese and
not having been shipwrecked, who within two months from
the time of his arrival becomes chargeable to the Coloiiy as.
a vagrant shall be liable to repay to the Government all costs
and charges incurred on behalf of the said person, unless it
be proved, to the satisfaction of the court, that the said
person, at. the time of his arrival, either was under an
engagement as provided in section 21, or was possessed of
not less than fifty dollars : Provided that where the. person
so brought into the Colony came as a stowaway, the master
shall incur no such liability if such stowaway is promptly
halided over to the police on the arrival. of flie ship and is
duly prosecuted under any Ordinance relating to stowaways
or any other enactment applying to the case, and no
money or compensation in respect of such person's passage is
paid or received.

23. In the absence of the intaster of a ship, or if such
master departs from the Colony before repaying such cost's
and charges as are mentioned in sections 2.1 and 22, the
owner, agent, and consignee of such ship at the time the
person landed, or, in the case of a seanian discharged or left
behind, at the time of such discharge or of his being so left
behind, shall be liable to repay such costs and charges to the
Government.

24. Such costs and charges shall be recoverable by action
as if an express agreenient to repay thein had been entered
into with the Colonial Secretary by the person, firm,
company, association, body, master, owner, agent, or con-
signee chargeable.


25.-(1) In any proceeding under this Ordinance, a
certified copy of the declaration of the magistrate shall. be
prima facie evidence that the person therein referred to was
a vagrant from the date of such declaration, and also from
any earlier date in such declaration mentioned as that from
which, in the magistrate's opinion, such person has been a
vagrant.
(2) As regards costs and charges incurred by the Colony
on behalf of a destitute person or of it vagrant, the following
documents shall be prima facie evidence that they have
incurred:-

As amended by Law Rev. Ord, 1924.





(a) as regards hospital charges, a written statement signed
or purporting to be slIgned by the Principal Civil Medical
Officer; and,

(b) as regards other costs and charges, including those of
removal, if any, a written statement thereof signed or pur-
porting to be signed by the Colonial Secretary.


26. Any person, being apparently a vagrant, whe, refuses
or fails to accompaiiy a police officer to or to appear before a
magistrate when required to do so for the purposes of this
Ordinance may be arrested without warrant, and shall upon
sumniary conviction be liable to imprisonment for any term
not. exceeding one month.


27. Any vagrant who escapes from the police whilst
committed to their charge under this Ordinance, or who
leaves a house of detention without permission from the
superintendent thereof, or who, having with such permission
left a house of detention for a limited time or a specified
purpose, fails to return on the expiration of such time or
when such purpose has been accomplished, or proves to be
impracticable, shall upon summary conviction be liable to
imprisonment for any term. not exceeding three, months.

28. Every person who enters into an agreement under
section 17 and wilfully violates that agreement in any respect,
shall upon summary conviction be, liable to imprisonment for'
any terin not, exceeding three months.

29. Every person who asks for alms in a threatening or
Insolent manner, or continue,, to ask for alms of any person
after he has been required to desist, shall upon summary
conviction be liable to imprisonment for any term not
exceeding three months.

30. The Governor in Council may make rules for the
guidance of officers in matters connected with this
Ordinance.

* As amended by Law Rey, Ord., 1924.

SCHEDULE. [s. 18.]
FORM OF AGREEMENT TO LEAVE THE COLONY

ARTICLES OF AGREEMENT MADE THIS day of 19
between the Colonial Secretary of Hongkon a ofthe one part and A.B.
of etc., [the vagrant] of the other part: Each of the parties hereto
(so far as relaies to the acts on his own part to be performed)
agrees with the other of them as follows:-

1. The said A.B shall embark on board such ship, and at such
time, as the superintendent, of the house of defection
at ........shall direct.

2. The said A.B. shall remain on board such ship until such
ship shall have arrivod at the port of +

3. The said A.B, shall not return to Hongkong until five years
shall have elapsed from the date of such embarkation,
unless he shall be specially permitted to return by the
Governor of Hongkong.


4. The said colonial Secretary of hongkong shall contract
with the owner of such ship or his agent for the passage of n
the said A.B. on board such ship, and for his
during the voyage for which he shall embark as -aforesaid.
In witness whereof the said colonial Secretary of hongkong
and the said A.B. have hereunto set their hands the day
and year first above written.

(Signed.) Colonial secretary

A. B
+ Here insert the port to which the person agrees to go.
[Originally No. 25 of 1897. No. 5 of 1913. Law Rev. Ord,. 1924.] Short title. Interpretation. Provision of houses of detention, and appointment of officers thereof. Superintendents of houses of detention. Taking of vagrant before magistrate. Power to magistrate to declare person to be vagrant. Committal of vagrant to a house of detention. Power to detain vagrant on order of committal. Power to magistrate to forward vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment of vagrant for misconduct. Weekly list of seamen vagrants to be sent to Harbour Master. Penalty on vagrant for refusing employment. Agreement by vagrant to leave the Colony. Form of agreement. Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. [cf. Ordinance No. 5 of 1903.] Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidence in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person asking alms in threatening manner, etc. Rules.

[Originally No. 25 of 1897. No. 5 of 1913. Law Rev. Ord,. 1924.] Short title. Interpretation. Provision of houses of detention, and appointment of officers thereof. Superintendents of houses of detention. Taking of vagrant before magistrate. Power to magistrate to declare person to be vagrant. Committal of vagrant to a house of detention. Power to detain vagrant on order of committal. Power to magistrate to forward vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment of vagrant for misconduct. Weekly list of seamen vagrants to be sent to Harbour Master. Penalty on vagrant for refusing employment. Agreement by vagrant to leave the Colony. Form of agreement. Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. [cf. Ordinance No. 5 of 1903.] Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidence in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person asking alms in threatening manner, etc. Rules.

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1923

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