GAMBLING ORDINANCE, 1891

GAMBLING ORDINANCE, 1891

No. 2 of 1891.

AnOrdinance to consolidate and amend the, laws relating to
gambl;ng, betting, gaming, common gaming houses, and
lotteries.

[6th May, 1891.]

1. This Ordinance may be cited as the, Gambling Ordinance,

1891.

As amended by No. 5 of 1936 [31.1.36]. Revenue Officers may arrest
without warrant in respect of offences against the provisions of this
Ordinauce. See No. 2 of 1917.





2. In this Ordinance,

(a) ' Common gaming house includes any place opened, kept, or used

(i) 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 favourable 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 commission or percentage is charged in connexion
with the game, the stakes,. or the winnings; or

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

(3) for the purpose of betting with persons resorting thereto or for the
purpose of any money or valuable thing being received as or for the
consideration for any.assurance undertaking, promise, or agreem~.nt,
express or implied, to pay or give thereafter any money or valuable. thing' on
any event or contingency of or relating to any horse race, or pony race, or
other race,. fight,. game, sport, or exercise, or as or for the consideration for
securing the paying -or giving of any money or valuable thing on any such
event or contingency.

(b) ' Gambling ' applies to and includes lotteries.

(c) ' Gaming ' applies to and includes the playing of any of the games
mentioned in paragraph (i) of the definition of ' common gaming house

(d) ' Implements or appliances of gambling ' in~lude all articles which
are used in or for the purpose of gambling or a lottery.

(e) 11 Keeper ' includes the occupier or person having the use,
temporarily of any. common gaming house or any person having or
appearing to have the care or management of such place, and also any
person who acts in any . manner

Asamended by No. 40 of 1931 [1.1.321, No. 5 of 1936 [31.1.36] and Law
Rev. Ord., 1937;





assis ting in conducting the business of any such place or keeping
watch in or about. the same.

Any. place in which lottery tickets are sold, procured,
or distributed or any place in 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.

(g) ' Lottery in~ludes 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 othei than totalisators,
pari-mutuels and cash-sweeps authorized under the Betting Duty
Ordinance, 1931, and other than the sweepstakes subscriptions
contributed towards the prizes for the owners of. winners and
placed, horses or ponies in horse and pony races conducted by
race, jockey or hunt clubs, whether the same is held, drawn
exercised, or managed within Pr without the Colony.

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

(i) ' Street ' shall be deemed to include and extend to
any road, lane, alley, passage, wharf, 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 gaming house if kept or used either for the playing
of any of the games mentioned in paragraph (i) of the definition
of ' common gaming house ' in section 2, or for the purpose
mentioned in paragraph (2) of that definition, or for any of
the purposes mentioned in paragraph (j) 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 permits the same to be opened, kept, or used by
another person as a common gaming house shall upon summary

As amended by No. 5 of 1936 [31.1.36).





conviction be liable to a fine not exceeding one thousand dollars:
Provided that no prosecution under this section shall be corn-
nielnced without the fiat of the Attorney General.

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

6. The keeper of a common gaming house shall upon sum-
mary conviction be liable to a fine not exceeding one thousand
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;
(b) buys any lottery ticket; or
(c) makes any bet in a common gaming house; or pays
or receives any money or valuable thing in a common gaming
house for any of the considerations mentioned in sub-paragraph
(3) of paragraph (a) of section 2,

shall upon summary conviction be liable to a fine not exceeding
twenty-five dollars.

(2) Every person who sells or has in his possession with a
view to sale any lottery ticket shall upon summary conviction
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.

As amended by Law Rev. Ord., 1937.
As amended by No. 5 of 1936 [31.1.36].





8. Every person who furnishes or advances money for'the
purpose of gaming, gambling or betting in any common
garning house cr 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. Every person who-

(i) declares or exhibits, expressly or otherwise, the winner
or win . ning number, ticket, lot, figure, design, symbol, or other
result of any lottery; or

(2) writes, prints, or' publishes, or causes to be written,
printed, or published, any lottery ticket or list of prizes, or any
announcement of the result of a lottery, or any announcement
relating to a lottery; or

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

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

10. It shall be la wful for any justice of the peace or officer
of police duly authorized by warrant of any justice of the
peace (which shall be in the form in the Schedule) with such
assistants as may be 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 may be found therein, and to
seize all cards, dice, balls, counters, tables, lottery tickets, or
other implements of gaming or gambling or which may be
used as such, and also all betting.slips, moneys or securities
for money-which may be eith& in actual use for the purpose
of gaming, gambling or betting or be found upon the persons
of the keepers of such place, and the said implements, betting
slips and moneys or securities for money, on conviction - of the
offender, shall be forfeited.

* Aa omended by* No. 5 of 1936 [31.1.361.





. 11. Where any cards, dice, balls, counters, tables, lottery 1
tickets, books or other implements of gaming or gambling or
betting slips are found in any place susp~cted 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 gaming or gambling or betting slips have been
found were gaming, gambling or betting therein, although no
gaming, gambling or betting was actually going on in the
presence of the constable or officer entering the same under a
warrant issued under this Ordinance, o. 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 gaming or gambling afid betting slips to be'forfeited
or destroyed.

12. Every person who-

(i) wilfully prevents any justice of the peace or officer
authorized 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 authorized to be entered; or

(4) uses any means or contrivance whatsoever for the pur-
pose of preventing, obstructing, or delaying the entry of any
constable or officer authorized as aforesaid into any su-ch place
or any part thereof,

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

13. Where any officer of police authorized under section io
to enter any place is wilfully prevented from or obstructed or

* As amended by No. 5 of 1936 [31.1.36].





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 authorized to be entered is found to! be fitted - or
provided with any bolt, bar, chain, or any means or contrivance
for the purpose of preventing, delaying, or obstructing the
entry into the same or any part thereof of any constable or
officer authorized as aforesaid, or for giving an alarm in case.
of such entry, or if any such place is found to be fitted or
provided with any means or contrivance for,gaming, gambling
or betting, or with any -means or contrivance for concealing,
removing, or destroying any implements of gaming or gambling
or betting slips, 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 belawful-for any magistrate before whom
any persons are brought who have been found in any pl . ace
entered in pursuance of section lo to require any of such persons
to be examined upon oath and give evidence touching any
gaming, gambling or betting 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 constable
or officer authorized as aforesaid; and no person so required
to be examined as a witness shall be excused from being so
examin6d 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 indictme nt, information, action or suit in
.anywise relating to such unlawful gaming, gambling or betting
or any. such acts as aforesaid, or from answering any question
put to him, touching the' matters aforesaid, an 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.

As amended by No. 5 of 1936 [31.1.36).





15.-(1) Every person so required to be examined as a
witness as aforesaid who, on such examination, makes 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 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 prosecutions and penal actions, and
from all penalties, forfeitures, and ptinishments to which he
may have become. liable for anything done b efore 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 gaming, gambling or betting touching which lie
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,
indictment, 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 gaming, gambling or betting in
.the street or acting as watchman for any such person 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. Wherd any persons are found gaming, gambling or
betting in the street all implements of gaming or gambling,
all betting slips, and also all money in actual use for any such
purpose or found in the possession of such persons may be
forfeited by the magistrate.

18. Nothing in this Ordinance shall be deemed to restrict
anything authorized by the Betting Duty Ordinance, ig.3i.

19. Every rnale person convicted of an offence under this

As amended by No. 5 of 1936 [31.1.36].
Ordinance who may appear to be of such tender years as to
require punishment rather in the way of school discipline than
of ordinary criminal justice rnay, in lieu of any other punishment
hereby provided, be sentenced to be whipped.

SCHEDULE. [s.10.]

FORM OF WARRANT.
HONG KONG.

To each and all of the constables of the said Colony.

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 infor-
rnation 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, betting slips
and other implements of gaming, gambling or betting 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 gaming, gambling or
betting or be found upon the persons of the keepers of such place,
and the said implements of gaming, gambling, betting slips and
moneys or securities for money to bring before a magistrate, to be
dealt with accordine, 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

IL.S.1 (Signed) A.B., J.P.
[Originally No. 7 of 1891. No. 12 of 1930. No. 40 of 1931. No. 5 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 16 & 17 Vict. C. 119, s. 1.] [Ordinance No. 40 of 1931.] 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 authorize entry of common gaming house and to seize implements and person. 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. 5 of 1873, s. 30, and No. 41 of 1932, ss. 15(4) and 72(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 gaming or gambling, betting slips and money. Saving of matters authorized by Ordinance No. 40 of 1931. Boy convict- ed of offence may be whipped. [cf. No. 3 of 1903.]

[Originally No. 7 of 1891. No. 12 of 1930. No. 40 of 1931. No. 5 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 16 & 17 Vict. C. 119, s. 1.] [Ordinance No. 40 of 1931.] 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 authorize entry of common gaming house and to seize implements and person. 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. 5 of 1873, s. 30, and No. 41 of 1932, ss. 15(4) and 72(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 gaming or gambling, betting slips and money. Saving of matters authorized by Ordinance No. 40 of 1931. Boy convict- ed of offence may be whipped. [cf. No. 3 of 1903.]

https://oelawhk.lib.hku.hk/items/show/1439

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