POLICE SUPERVISION ORDINANCE, 1923

POLICE SUPERVISION ORDINANCE, 1923

No. 5 of 1923.
An Ordinance to provide for police supervision of certatn

persons. [1st June, 1923]

1. This Ordinance may be cited as the Police Supervision
Ordinance, 1923.

2. In this Ordinance, crime means any felony, or any
offence punishable as a misdemeanor under the Coinage
Offences Ordinance, 1865, or any offence under sections 46
or 75 of the Larceny Ordinance., 1865, or the offence of
conspiracy to defravid.





3.-(1) Where any person is convicted summarily of a
crime, and a previous conviction of a crime is proved against
him, it shall be lawful for the magistrate to make, in addition
to any other penalty that he may inflict for the second of
such crinies, all order in Form No. 1 in the Schedule, that
such person shall be subject to police supervision for a period
not exceeding two years.

(2) Whenever any such person is not imprisoned on
conviction of the second of such crimes, the date of the coin-
mencement of the period of police supervision ordered shall
be the date of such conviction, and shall be indorsed oil the
said order by the magistrate.

(3) Whenever any such person is imprisoned on conviction
of the second of such crimes, the date of the commencement
of the period of police supervision ordered shall be. the date
of the terinination of his imprisonment, and shall be indorsed
on the said order by the Superintendent of Prisons.

(4) If any person against whom a police supervision order
has been made under sub-section (1) is ordered by the Gover-
nor in Council to be deported under the provisions of the,
Deportation Ordinance, 1917, such police supervision order
shall be deemed to be of no effect is from the date on which
such deportation order takes effect.

4. Every person who is ordered to be subject to police
supervision under this Ordinance shall be served by a police
officer with a copy of such order together with all identlfica-
tion book bearing the photograph and thumb prints of such
person, so soon as conveniently may be after the issue of such
order; and all indorsement in Form No. 2 in the Schedule
on any such original order, purporting to be signed by a
police interpreter or by a police officer, shall, until the
contrary is proved, be deemed sufficlent evidence that a copy
of the said order was duly served on and explained to the
person named in such order as stated in such indorsement.

5.-(1) every person against whom a police supervision
order has been made under this Ordinance shall, within
forty-eight hours of being served with a copy of such order,
notify the place of his residence to an inspector or sergeant
on duty in the charge room at the Central Police Station,
who shall then enter in the identification book of such person
the name of the police station at which such person shall
report himself.





(2) Every such person shall further, whenever he changes,
his place of residence during the currency of the period of
such order, notify such change within forty-eight hours
thereof at the police station entered in his identification
book, and the officer in charge of such police station shall
enter in the said identification book the name of the police
station nearest to his new residence, and such person shall
then report himself at the police station specified in the said
entry.

(3) Every such person shall, on the occasion of every
such notification or report, produce his identification book.

6.-(1) Subject to any special order that may be made by
the Captain Superintendent of Police dispensing in any case
with full compliance with the provisions of this section,
every male person against whom a police supervision order
has been made under this Ordinance shall, in addition to
the notification of residence required froni him by section 5,
report himself personally once in each month at such police
station as may from time to time be entered in his identifica-
tion book, and shall on every such occasion obtain from the
officer in charge of such police station an entry in his
identification book that such report has been made.

(2) In the event of any person against whom a police
supervision order has been made being permitted by the
Captain Superintendent of Police under the provisions of
sub-section (1) to leave the Colony for any period, such
permission together with the period for which it is given
shall be entered in the identification book of such person:
and every such person shall, failing any reasonable excuse,
return to the Colony on or before the expiration of such
period, and shall, within forty-eight hours of his return,
report himself at such police station as may from time to
time be entered in his identification book, and shall obtain
from the officer in charge of such police station an entry in
his identification book that such report has been made.

7. If any person against whom a police supervision order
has been made shall at any time undergo a term of imprison-
ment during the currency, of the period of such order, the
said order shall be deemed to be suspended while such person
is undergoing such imprisonment, and shall be deemed to
be in force again on the termination of such term of impris-
onment, but no such term of imprisonment shall be reckoned
as forming part of the period of police supervision ordered.





8. In any proceedings under this Ordinance, it shall, until
the contrary is proved, be presumed that the finger prints on
any police supervision order are those of the person against
whom the order was made.

9. Every person who commits an offence against this
Ordinance shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars or to imprison-
ment not exceeding six months.
[s. 10, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

Form No.l. [s. 3.]

Police supervision order.

POLICE SUPERVISION ORDINANCE, 1923.

Hongkong.

In the police court at ...............................................................

Before. J. P. Esq., a magistrate of the said Colony sitting at the police
court.
The .......day of ................19

C.D., (hereinafter called the defendant) was this day convicted by me of
the crime of ................and a previous conviction of
the crime of ...............was proved against him.

It is hereby adjudged and ordered under section 3 of the Police super-
vision Ordinance, 1923, that the defendant shall, in addition to the penalty
of ..........................this day inflicted by me upon
him for the said crime of ...............................................................
.............................. be subject to police supervision for a period
of ...................................................

(Signed.)

.................

The above period of police supervision commences from the ...............
day of .............. 19

............................
Magistrate or superintendent of prisons.


FORM No. [s. 4.]
Indorsement as to service and explanation, of order.
POLICE SUPERVISION ORDINANCE, 1923.
I, the undersigned, hereby certify that on the ................... day of
........................... 19 at a.m. (or p.m.) I served a copy of
the within order on the said ...........and
that, I explained the within order to the said in the
..................hanguage and that I was satisfied that he understood it.

Dated the ...day of ....19

..............................................................
Police Interpreter (or as the ease may be).
[Originally No. 5 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 34 & 35 Vict.c. 112, s. 20. Ordinances Nos. 7 of 1865, and 5 of 1865. Police supervision by order of magistrate. 34 & 35 Vict.c. 112, s. 8. Schedule. Form No. 1. Ordinance No. 25 of 1917. Service and explanation of police supervision order. Schedule. Form No. 2. Notification of place of residence by person subject to police supervision. 34 & 35 Vict.c. 11, s. 8. Monthly report by persons subject to police supervision. 34 & 35 Vict.c. 112, s. 8. Suspension of police supervision order during imprisonment. Finger prints on police supervision order. Penalty.

[Originally No. 5 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 34 & 35 Vict.c. 112, s. 20. Ordinances Nos. 7 of 1865, and 5 of 1865. Police supervision by order of magistrate. 34 & 35 Vict.c. 112, s. 8. Schedule. Form No. 1. Ordinance No. 25 of 1917. Service and explanation of police supervision order. Schedule. Form No. 2. Notification of place of residence by person subject to police supervision. 34 & 35 Vict.c. 11, s. 8. Monthly report by persons subject to police supervision. 34 & 35 Vict.c. 112, s. 8. Suspension of police supervision order during imprisonment. Finger prints on police supervision order. Penalty.

https://oelawhk.lib.hku.hk/items/show/1358

1923

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No. 5 of 1923

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