PEACE PRESERVATION ORDINANCE, 1886

PEACE PRESERVATION ORDINANCE, 1886

No. 10 of 1886.

AnOrdinance to make Provision for the preservation )f the
Public peace.

[2nd June, 1886.]

1. This Ordinance may be cited as the Peace Preservation
Ordinance, 1886.

PART I.
SPECIAL CONSTABLES.

2. Whenever it'appears to the Governor that any tumult or
riot has taken place or may be reasonably apprehended, and
that the ordinary officers appointed for preserving the peace
are not sufficient therefor, it shall be lawful for the Governor
to authorize any magistrate to summon, by writing in Form
No. 1 in the First Schedule, before him, any number of persons
resident or being then within the Colony, then and there tc;
be appointed and to act as special constables so long as the said
authority remains in force: Provided that it shall be lawful
for the said magistrate, if it appears to him, upon the oath of
any person, that there is good and sufficient cause to believe
that any person intended to be appointed a special constable is
concealing himself in order to avoid service of the summons
or that he is likely to disobey the same, to issue a warrant, in
Form No. 2 in the First Schedule, in the first instance, for the
purpose of bringing before him such person so to be appointed.

3. Every special constable shall have the same powers for
the *preservation of the peace, the prevention of offences, the
apprehension of offenders, and for all other purposes, and the
same privileges, protection, and immunities, as the members of

Seealso No. 41 of 1932 [Magistrates], s. 90, and No. 2 of 1933 [Arms
and Ammunition], s. 26.
As amended by Law Rev. Ord., 1937.





the police force, except as to pay and pension or other reward,
and shall be subject to the orders of the Governor, the magis*-
trates, the Commissioner of Police, and any one or more justices
of the peace who shall be authorized by the Governor to act
in that behalf.

4. Every person required to serve as a special constable
under this Ordinance who refuses or otherwise omits, without
reasonable excuse, to appear as a special constable shall upon
summary conviction be liable to a fine not exceeding one hundred
dollars, and to imprisonment for. any term not exceeding two
months.

5. Every person so. appointed a special constable, and called
upon to serve, who, without reasonable excuse, refuses. or
neglects to serve and to obey such lawful orders and directions
as may be given to him for the performance of the duties of his
office, as provided in section 3, shall upon summary conviction
be liable to a fine not exceeding one hundred dollars, and to
imprisonment for any term not exceeding two months: Provided
always that no person shall be subject to any penalty under
this section who is unable to perform the duties of a special
constable, by reason of old age, sickness, or other infirmity,
proved to the satisfaction of the magistrate.

PART II.

PROCLAMATION OF THE PEACE.

6. Whenever it appears to be necessary for the preservation
of the public peace, it shall be lawful for the Governor in Council
to declare, by proclamation, that the Colony shall be subject to.
the following provisions of this Ordinance; and every such
proclamation shall remain in force until cancelled by Government
notification.

7.-0) Whenever and wherever the peace is being broken
during the continuance. of any such proclamation, it shall be
lawful for the Governor, or the Colonial Secretary, or any justice
of the peace to call upon all bystanders and persons in the
vicinity to give their aid in preserving the peace and in
apprehending persons breaking the peace.





(2) Every person who, without lawful excuse, refuses or
omits to give such aid shall upon summary conviction be liable
to a fine not exceeding fifty dollars, or to imprisonment for any
term not exce~ding three months.

8.-(1) Whenever any persons are found, during the
continuance of any. such proclamation, unlawfully, riotously, or
tumultuously assembled to the disturbance of the peace and to the
terror of His Majesty's subjects, any justice of the peace may,
in an audible voice, warn such persons that they are acting in
contravention of the law, and require them to disperse and
depart to their habitations or to their lawful business.

. . (2) All persons remaining so assembled after such warning,
may be dispersed and taken into custody by any officer of police
or special constable, or by any other person acting under the
orders of a justice of the peace, and shall upon su ' minary
conviction be liable to a fine not exceeding fifty d611ars, or to
imprisonment for any term not exceeding three months.
(3) If any person so warned to disperse is hurt, maimed,
or killed in the dispersing, seizing, or apprehending - or the
endeavouring to disperse, seize, or apprehend, the. persons
hurting, maiming or killing him shall be free, discharged, and
indemnified from the consequences, except on evidence of gross
carelessness, wantonness, or malice.

9. It shall be lawful for any justice of the peace, acting
under the powers prescribed by this Ordinance, to enter, with or
without a written warrant and with or.without assistance, and
to authorize any 6fficer of police or special constable to enter,
with or without a written warrant and with or without assistance,
and using in either case force, if necessary, into any dwelling-
house or other building, and into any place in which lie may
suspect that any arms or instruments or ammunition may be,
contrary to the provisions of the Arms and Ammunition Ordin-
ance, 1933, and such arms and instruments or ammunition may
be seized and confiscated.

[s. 10, rep. No. 52 Of 1911.]

11. During the continuance of any such proclamation, any
justice of the peace may enter, with or without assistance, or
may order any officer of police or special constable, or other

As amended by Law Rev. Ord., 1937.





person to enter, without a warrant and with or without
assistance, using force in either case, if necessary, into any
divelling-house or other building, or into any place into which
lie niay have reasonable cause to suspect ihat 'persons lately
riotously assembled or engaged on any unlawful purpose have
made tfieir escape, or in which lie may have reasonable cause
to suspect that persons about to break the peace are assembled,
and may apprehend and take into custody the said persons;
and every erson so arrested rnay be detained until he can be
z ' p
conveniently brought before a magistrate to be dealt with
according to law.

Every person who, during the continuance of any such
proclamation-

(i) unlawfully combines to procure a stoppage of the sate
or transit from place to place of provisions or other articles; or

(2) unlawfully combines to procure shopkeepers, dealers, or
other persons to discontinue the sale or transit from. place to
place of provisions or other articles; or

(-) pre~,ents or endeavours to prevent any person from pur-
chasing or from being supplied with any suc~ articles,

shall upon Summary conviction be liable to a fine not exceeding
fifty dollars, and to imprisonment for any term not exceeding
three months.

12A.-(i) Notwithstanding anything in any other Ordin-
ance to the contrary, every male person who during the
continuance of any proclamation under this Ordinance, commits
any offence against any of the enactments mentioned in the
Second Schedule shall, in addition to any 'other punishment by
law provided, be liable on conviction, whether on indictment or
A1v, to be flogged.
summari

(2) In all cases where the punishment of flogging is awarded
under this section the following provisions shall have effect:-

(a) the sentence shall prescribe the number of strokes to be
inflicted;

(b) the number of strokes shall not exceed twenty-four in
the case of an offender whose age exceeds sixteen years, or

.,As amended by No. 33 of 1936 [28.8.36].





twelve in the case of an offender whose age does not exceed
sixteen years;

(C) the instrument used in the case of an offender whose
age exceeds sixteen years shall be the instrument commonly
known as the - cat ' or else a light cane or rattan as the court
or magistrate may specify in the sentence, and in the case of
an offender whose age does not exceed sixteen years it shall be
a light cane or rattan ; and

(d) the flogging shall be inflicted in prison and within six
months of the sentence.

PART III.

MISCELLANEOUS.

[s. 13, rep. No. 9 of 1912.]

14. No person acting in good faith under the provisions
of this Ordinance shall be liable in damages or otherwise for
any act done by him in pursuance of the obligation and duty
imposed, or reasonably supposed to, be imposed, on him by
this Ordinance, or in respect of any act, matter or thing
done durincy the continuance of any proclamation issued
tinder this Ordinance, or within the period of five days
before the date of any such proclamation, if done in good
faith, and done or purported to be done in the execution
of his duty or for the public safety or for the defence of the
Colony or for the enforcement of discipline or otherwise in the
public interest, if such person be a person holding office under
or employed in the service of the Crown in any capacity, whether
naval, niffitary, air force, or civil, or be a person holding offide
tinder or employed in the service of the Government of the
Colony in any capacity, or be a person acting under the authority
of a person so holding office or so employed, or be a public
officer, a member of the Hong Kong Volunteer Defence Corps,
a member of the Flong Kong Naval Volunteer Force, a member
of the Hong Kong Police Reserve, or a special constable.

* As amended by No. 30 of 1931. [16.10.31].
As amended by Law Rev. Ord., 1937.





1 FIRST SCIELEDULE.

FoRm No. 1. Is. 2.1

Summons.
To
WHEREAS His Excellency the Governor has authorized the
appointment of special constables in this Colony, and whereas you
are appointed to be a special constable in this CoJony: , This is there-
fore to require you to attend at the police court at
in this Colony instanter, [01- at o'clock on day, the
day of 1 ' 19 j there to be enrolled as
a special constable, under the Peace Preservation Ordinance, 1886;
and herein fail not.
Given,at this. day of 19
(Signed)Magistrate~.
Fonm No. 2. Is. 2-1

Warrant.
To
Commissioner of Police and all police officers.
WHEREAS His Excellency the Governor has authorized the
appointment of special constables in this Colony, and whereas A.B.
has been appointed to be a special constable in this Colony: This
is therefore to require you to bring the said A.B. before me
instanter [or as the case may be] to be enrolled as a special con-
stable, under the Peace -Preservation Ordinance, 1886.
Given at this d ay of 19
(Signed) Magistrate.

SECOND SCHEDULE. Is. 12A.]

The Offences aaainst the Person Ordinance, 1865, (No. 2 of
0
1865), sections 5, 10, 11, 12, 13, 14, 15, 17, 10, 20, 21, 22, 23, 27,
28, 29, 80, 30A, 34, 37, 38, 42, 43, 55.
The Malicious Dama.e Ordinance, 1865, (No. 6 of 1865), sections
0
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 25, 27, 27A, 28, 29, 30,
33, 35, 36, 37, 41, 42, 43, 44, 45.

As amended by Law Rev. Ord., 1937.
t As amended by No. 2 of 1933 117.2.33], No. 32 of 1935 [6.9.351 and
Law Rev. Ord., 19.37.

The Suppression of Piracy Ordinance, 1868, (No. 1 of 18W),
sections 2, 4, 5, 6.

The Peace Preservation Ordinance, 1886, (No. 10 of 1886),
sections 8, 12.

The Tramway Ordinance, 1902, (No. 10 of 1902), section 58.

The Criminal Intimidation Ordinance, 1920, (No. 13 of 1920),
section 3.

The Police Force Ordinance, 1932, (No. 37 of 1932), section 28.

The Summary Offences Ordinance, 1932, (No. 40 of 1932),
sections 3 (13), 8.

The Arms and Ammunition Ordinance, 1933, (No. 2 of 1933),
sections 4, 24.

The Larceny Ordinance, 1935, (No. 032 of 1935), sections 25, 26,
40, 41, 42, 43, 44, 45, 46 (1) (i), 47.
[Originally No. 15 of 1886. No. 18 of 1929. No. 30 of 1931. No. 2 of 1933. No. 32 of 1935. No. 33 of 1936. Law Rev. Ord., 1937.] Short title. Power to Governor to appoint special constables in case of tumult, etc. 1 & 2 Will. 4, c. 41, s. 1. First Schedule. Form No. 1. Form No. 2. Powers of special constable. 1 & 2 Will. 4, c. 41, s. 5. Punishment for refusing to appear as special constable. 1 & 2 Will. 4, c. 41, s. 7. Punishment for refusing to act as special constable. 1 & 2 Will. 4, c. 41, s. 8. Power to Governor in Council to issue proclamation. Power to call for assistance from bystanders. Dispersion of riotous assembly. [cf. Second Schedule.] Power to enter house and seize arms, etc. Ordinance No. 2 of 1933. Power to enter house and to arrest persons. Combination to stop trade. [cf. Second Schedule.] Flogging for offences during continuance of proclamation. Second Schedule. Indemnity to person acting under the Ordinance.

[Originally No. 15 of 1886. No. 18 of 1929. No. 30 of 1931. No. 2 of 1933. No. 32 of 1935. No. 33 of 1936. Law Rev. Ord., 1937.] Short title. Power to Governor to appoint special constables in case of tumult, etc. 1 & 2 Will. 4, c. 41, s. 1. First Schedule. Form No. 1. Form No. 2. Powers of special constable. 1 & 2 Will. 4, c. 41, s. 5. Punishment for refusing to appear as special constable. 1 & 2 Will. 4, c. 41, s. 7. Punishment for refusing to act as special constable. 1 & 2 Will. 4, c. 41, s. 8. Power to Governor in Council to issue proclamation. Power to call for assistance from bystanders. Dispersion of riotous assembly. [cf. Second Schedule.] Power to enter house and seize arms, etc. Ordinance No. 2 of 1933. Power to enter house and to arrest persons. Combination to stop trade. [cf. Second Schedule.] Flogging for offences during continuance of proclamation. Second Schedule. Indemnity to person acting under the Ordinance.

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