TRAVELLERS RESTRICTION ORDINANCE, 1915

TRAVELLERS RESTRICTION ORDINANCE, 1915

No. 19 of 1915.
An Ordinance to regulate the entrance of persons into the
Colony and the departure of persons from the Colony
and to confer various powers in connexion therewith.
[12th July, 1915.]
1. This Ordinance may be cited as the Travellers Re-
striction Ordinance, 1915.

2. In this Ordinance,
(a) Examination officer means any officer in the exam-
ination service which was notified by Government Notifica-
tion No. 286 published in the Gazette Extraordinary of the
3rd day of August, 1914.
(b) Master means any person (except a pilot) having
command or charge of any ship.
(c) Passenger means any person on a ship other than
the master and persons employed in the working or service
of the ship.
(d) Police officer includes all special constables and all
members of the Police Reserve.
(c) Ship includes every description of vessel used in
navigation other than Chinese junks propelled solely by sails
and oars.
(f) Vessel includes any ship or boat and any other
description of vessel used in navigation.

3.-(1) Except with the permission of a police officer or
examination officer, no person shall leave any ship which
arrives in the Colony until such ship has been examined by
a police officer.

(2) Any such permission may be general or may be limited
to particular persons or classes of persons.

4. Every person to whom section 10 may for the time
being apply who arrives in the Colony and who is not
examined by a police officer or examination officer at the
time, of his arrival shall report himself at a police station
within twelve hours of his arrival in the Colony.

The operation of this Ordinance is not limited by the Boarding-house Ordinance,
1917. See No. 23 of 1917, s. 8.
As amended by Law Rev. Ord., 1924.





5. Except with the permission of a police officer or
examination officer, no ship which arrives in the Colony,
shall be taken alongside any pier or wharf or other vessel,
nor shall any other vessel be taken alongside such ship,
until such ship has been examined by a police officer.

6.-(1) The master of every ship which arrives in the
Colony shall hoist the police call flag ( S in the Inter-
national Code of Signals) whenever ordered to do so by any
examination officer or police, officer, and whenever hailed by
any police officer, and shall keep the said flag flying untlil
authorised by a police officer to take it down.

(2) Except with the permission of a police officer, no person
shall leave any ship which is flying the Police call flag.

(3) Except with the permission of a police officer, no ship
which is flying the Police call flag shall be taken alongside
any pier or wharf or other vessel, nor shall any other vessel
be taken alongside such ship.

(4) The provisions of this section shall apply notwith-
standing any permission given before such ship is ordered
to hoist the Police call flag or is hailed by a police officer, as
the case may be.

7.-(1) Every person who arrives in the Colony, or who
is about to leave the Colony, shall truthfully and fully
answer all questions und inquiries put to him by any police
officer or examination officer, notwithstanding that the
answer to any such question may tend to render such person
liable to any restriction whatsoever or may tend to in-
criminate him, and shall disclose and produce to any police
officer or examination officer, on demand all documents in
the possession of such person tending directly or indirectly
to establish his identity, nationality or occupation, or any
absolute or conditional liability on his part to any military
or naval service under any state whatsoever.

(2) This section shall extend to any inquiry made of any
person who is suspected of having arrived in the Colony
since the 4th day of August, 1914, or who shall hereafter
so arrive, or who shall hereafter be suspected of being about
to leave the Colony.





(3) Any answer to any such question or inquiry shall be
admissible in evidence in any proceedings under this Ordi-
nance against the person making such answer: Provided
that nothing in this section shall be construed as rendering
any such answer inadmissible in any other proceedings in
in which it would otherwise be admissible.

8. Every person who arrives in the Colony, or who is
about to leave the Colony shall, if so directed by any police
officer, proceed, at or before such time as may be directed by
such police officer, to such place or places as such police
officer may direct, for further inquiry into his case.

9. The master of every ship which arrives in the Colony,
or which is about to leave the Colony, shall whenever required
to do so by any police officer or examination officer-

(a) exhibit to such officer a complete list of the crexy:

(b) furnish the said officer with a complete list of the
passengers :

(C) produce to such officer for inspection and interrogation
all the passengers and all the members of the crew.

10.-(1) No person shall without the permission of the
Governor leave or attempt to leave the Colony without a pass
issued by or under the authority of the Captain Superintend-
ent of Police.

(2) This section shall apply only to the persons referred
to in the First Schedule : Provided that the Governor in
Council shall have power to amend the said Schedule in any
way whatsoever.
(3) The granting of any such permission and the issuing
of any such pass shall be in the absolute discretion of the
Governor and Captain Superintendent of Police respectively.

11.-(1) No ship shall leave the Colony until it has been
examined by a police officer.

(2) Except with the permission of a police officer or an
examination officer, no person shall, after the police examina-
tion has been begun, board any ship which is about to leave
the Colony.
* As amended by Law Rev. Ord., 1924.





(3) Except with the permission of a police officer or
an exainination officer, no thing shall, after the police
examination has been begun, be put on board any ship which
is about to leave the Colony.

12. The, master of every ship which arrives in the Colony
or which is about to leave the Colony shall report forth-
with to a police officer or examination officer every case in
which he has anv reason to believe that an offence against
this Ordinance as been or is about to be committed.

13.-(1) Whenever the Governor shall, under the powers
conferred on him by sub-clause 3 of clause III of the Order
of Her late Majesty Queen Victoria in Council made on the
26th day of October, 1896, order any person to quit the
Colony, it shall be lawful for the Governor by warrant under
his hand to orcler that such person be arrested and kept in
custody until his departure from the Colony.
(2) Every person ordered to quit the Colony shall leave
the Colony on such date and by such route or by such ship,
train, or other conveyance, as may be directed by the
Governor, and no person so ordered to quit the Colony shall
leave the Colony except by such route or by such ship, train,
or other conveyance.
(3) Any warrant under this section may be in the form in
the Second Schedule.

14.-(1) It shall be the duty of the keeper of every hotel,
inn, boarding house, and lodging-house, and of the secretary
of every club, to ascertain and enter in a register kept for
the purpose the names and nationality of all persons over the
age of fourteen years staying at the hotel, inn, boarding-house,
lodging-house or club, to whom section 10 may for the time
being apply, together with the dates of their arrival and
departure, their destinations on departure, and such other
particulars as may be prescribed by the Captain Superintendent
of Police, and if the keeper of an hotel, inn, boarding-house, or
lodging-house, or the secretary of a club, fails to do so, or if
he makes any entry in any such register which he knows or
could by the exercise of reasonable diligence have ascertained
to be false, he shall be guilty of a contravention of this Ordi-
nance.

As amended by Law Rev. Ord., 1924.





(2) The keeper of every hotel, inn, boarding-house, or
lodging-house, and the secretary of every club, shall also
make to the Captain Superintendent of Police such returns
as to the particulars aforesaid, at such times or intervals, and
in such form as the Captain Superintendent of Police may
direct, and every such keeper or secretary who fails to do so,
or makes any false return, shall he guilty of a contravention
of this Ordinance.

(3) It shall be the duty of every person who stays at an
hotel, inn, boarding-house, lodging-house, or club, to furnish
to the keeper or secretary and sign a statement containing
such information as such keeper or secretary may require
for the purpose of compiling such register as aforesaid, and
every person who fails to do so, or gives any false informa-
tion, shall be guilty of a contravention of this Ordinance.

(4) Every register kept under this section shall, at all
reasonable hours, be open to inspection by any officer of
police, or by any other person authorised by the Captain
Superintendent of Police.

(5) For the purposes of this section, keeper of a lodging-
house includes any person who for reward receives any
other person to lodge with him or in his house; and where
any hotel, inn, boarding-house, or lodging-house is under the
management of a manager, keeper in relation thereto
includes such manager.

15.-(1) It shall be lawful for any police officer authorised
by the Captain Superintendent of Police in writing in that
behalf, either generally or for a particular occasion-
(a) to detain for further inquiries during a period not
exceeding four days any person in whose case suich police
officer may have reason to believe that further inquiry is
necessary;

(b) to arrest and bring before a magistrate any person
whom such police officer may have reason to suspect of having
contravened or attempted to contravene any of the provisions
of this Ordinance;

(c) to search the person and property and effects of any
person whom it may be lawful for such police officer to detain
or arrest, or who may arrive in or be about to leave the
Colony: Provided that no female person shall be searched





except by a female, and provided that no person shall be
searched in a public place if he objects to be so searched;

(d) to search any place or vessel (not being a ship of war)
in which such police officer may have reason to suspect that
there may be anything-

(i) which may be evidence of any contravention or intended
contravention of any of the provisions of this Ordinance, or

(ii) which may belong to or be in the possession or under
the sole or partial control of any person whom it may be
lawful for such police officer to detain or arrest; and

(e) to seize, remove and detain anything which may appear
to be evidence of any contravention of the law, or which it
may be desirable to detain for further examination, or which
may appear to belong to or to be in the possession of or to
be under the sole or partial control of any person whom it
may be lawful for such police officer to detain or arrest.

(2) Such police officer may-

(a) break open any outer or inner door of or in any such
place;

(b) forcibly enter any such vessel and every part thereof;

(c) remove by force any personal or material obstruction
to any arrest, detention, search, seizure, or removal which be
is empowered to make;

(d) detain every person found in such place or on board
such vessel until such place or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search,
seizure, or removal, which is authorised by this Ordinance.

16. Every person who acts in contravention of or fails to
comply with any of the provisions of this Ordinance, and
every person who permits or knowingly is a party to any such
contravention or failure, shall be guilty of a misdemeanor
and shall be liable upon conviction either summarily or on
indictment, to imprisonment for any term not exceeding
twelve months and to a fine not exceeding five thousand
dollars.

As amended by Law Rev. Ord., 1924.





17. Nothing in this Ordinance shall be construed as
derogating in any way from any rights or powers of the
Crown in existence immediately before the coming into
operation of this Ordinance.
[s. 18, rep. Law Revision Ordinance, 1924.]

FIRST SCHEDULE. [s. 10.]
Persons to whom section 10 of the Ordinance is to apply.

All persons except-
(a) Members of His Majesty's regular naval or military forces travelling
on duty.

(b) Persons of Chinese race.

SECOND SCHEDULE. [s. 13.]

WARRANT.

(Travellers Restriction Ordinance, 1915.)

To each and all of the police officers of the Colony of Hongkong and to
the Superintendent of Prisons in the said Colony.

Whereas under the powers conferred upon me by the Order of Her late
Majesty Queen Victoria in Council made on the 26th day of
October, 1896, I have ordered ...............................................
........................... to quit the Colony
Now these are to command you forthwith to arrest the said .........
....................... and to keep him in custody until
his departure from the Colony.
Dated at Victoria in the Colony

of Hongkong this day

of ...........9 19

Governor.

Served on the said ..................................................................
this ..day of .... 19
.............By me,

(Signature) ..............................................

(Description) ............................................................

As amended by G.Ns. Nos. 27 of 1919, and 104 and 115 of 1922.
As amended by Law Rev. Ord, 1924.

* I hereby direct that the said ......................................................
........................... shall leave the Colony on
(date or alternative dates) ...............................................................
by (route or ship or other conveyance) .............................................
............

Dated at Victoria in the Colony

of Hongkong this day

of .......19
.........................................
Governor.

Served on the said ..................................................................
this .......day of ..........19

By me,

(Signature) .............................................

(Description) ...........................................

[Originally No.19 of 1915. Law Rev. Ord., 1924] Short title. Interpretation. No person to leave without permission any ship arriving in the Colony. Persons not examined to report themselves. No ship arriving in the Colony to go alongside any pier or other vessel without permission. Master to hoist police flag if directed. Persons arriving or leaving to answer all inquiries. Persons arriving or leaving to proceed for further inquiry to place directed. Certain duties of masters of ships. Certain persons not to leave the Colony without permission. First Schedule. Examination of ships about to leave the Colony. Masters of ships to report contraventions. Powers with regards to persons ordered to quit the Colony. Second Schedule. Registration of visitors at hotels. Powers of detention, arrest, search, seizure and removal. Penalties. Saving of rights and powers of the Crown.

[Originally No.19 of 1915. Law Rev. Ord., 1924] Short title. Interpretation. No person to leave without permission any ship arriving in the Colony. Persons not examined to report themselves. No ship arriving in the Colony to go alongside any pier or other vessel without permission. Master to hoist police flag if directed. Persons arriving or leaving to answer all inquiries. Persons arriving or leaving to proceed for further inquiry to place directed. Certain duties of masters of ships. Certain persons not to leave the Colony without permission. First Schedule. Examination of ships about to leave the Colony. Masters of ships to report contraventions. Powers with regards to persons ordered to quit the Colony. Second Schedule. Registration of visitors at hotels. Powers of detention, arrest, search, seizure and removal. Penalties. Saving of rights and powers of the Crown.

https://oelawhk.lib.hku.hk/items/show/1294

1923

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