VAGRANCY ORDINANCE, 1897

VAGRANCY ORDINANCE, 1897

No. 9 of 1897.

An Ordinance to amend the law relating to vagrants.

[22nd November, 1897.]

1. This Ordinance may be cited as the Vagrancy Ordinance,
.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
(b) ' Mendicant means any person wandering abroad, or
placing himself or herself in any public place, street, highway,
court, passage or waterway to beg or gather. alms, or causing
or procuring or encouraging any child or children so to do;
and ' mendicancy ' shall be interpreted accordingly;
(c) it 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, provided
however that no action shall be taken under the provisions of

As amended by No. 19 of 1932 [10.6.32].





this, Ordinance against any prostitute save under the authority
of the. Governor in Council.

3.-(1) The Governor may provide houses of detention for
vagrants and may appoint superintendents thereof and. other
officers and may rem ove them at pleasure..
(2) The Governor may by notification certify any building .
or part of a building to be a house of detention.
(3) Every house of detention shall be under the immediate
charge of the superintendent thereof.
[s. 4, rep. Law Revision Ordinance, 1937.]

5. Any police officer may require any person who is ap-
parently a vagrant to accompany him or any othcr 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 inqui ry into his circumstances 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 such vagrant
is not likely to obtain employment at once, or if he has.reason
to believe that a declaration of vagrancy has on any former
occasion been. recorded 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.

8. Such va rant shall then be placed in charge of a police
officer and the said order shall be a sufficient authority to any
police officer for retaining him in his charge while such vagrant
is on his way to a house of detention, and to the superintendent
thereof for receiving and detaining such vagrant.

9.-(1) Where the magistrate dealing with such vagrant is
of opinion that he is likely to obtain employment in the Colony,
he may send him in charge of a police officer 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 any police
officer for retaining the vagrant in his charge while such vagrant

* As amended by Law Rev. Ord., 1937.





is on his way to such place of employment, and afterwards, in case he 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 direct that in the
meantime subject to the provisions of sub-section (2), the vagrant shall be
kept in police custody.

(2) If the vagrant fails to obtain suitable employment within a
reasonable time, not exceeding at the most seven days, the magistrate shall
send 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 a prison with respect to

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

(b) custody of his clothing and effects;

(c) the wearing of a distinctive dress;

(d) personal cleanliness; and

(c) hours, meals, labour, and general conduct:

Provided always that such . regulations may be 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 carrying 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 amisdemeanant in prison.

15. The superintendent of every house of detention shall forward
weekly to the Harbour Master a list of such vagrants

As amended by Law Rev. Ord., 1937.





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.

[s. 16, 7ep. No. 19 of 1932.]

17. Any vagrant may be allowed to enter into an agreement
in writing with the Colonial Secretary, binding himself to
embark on board such ship and at such time as the superin-
tendent of the house of detention in which such vagrant js
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 superintendent
may enforce such agreement and cause such vagrant to be
removed from the Colony, and, if he deeins 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 has been iciund for a vagrant detained in a house
of detention, and he has not entered into the agreement herein-
before mentioned, or it is not thought desirable to remove him
from the Colony, the superintendent of such house of detention
may cause sections 26 and 29 to be read to 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,

* As a-mended by Law Rev. Ord., 1937.





compan 1 y, association, or body of persons, in any capacity; and X

(2) whenever a non-commissioned officer or soldier in His i
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, withoutthe 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 (i)
and (2), the person, firm, company, association, or body of
persons with w ' horn 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 Govern-
ment all costs and charges incurred on his behalf since he
became a vdgrant, including hospital costs and charges and the
cost of his removal 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 Colony as a vagrant ghall
he 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 handed over to the police on the arrival
of the 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 master of,a ship, or if such master
departs from the Colony before repaying such costs and charges
as are mentioned in sections 21 and 22, the owner, agent, and
consignee of such ship at the tirne the person landed, or, in the
case of a seaman 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 agreement to repay them had been entered into
with the Colonial Secretary by the personj firni, company,
association, body, master, owner, agent, or consignee charge-
able.

25.-(1) In any,proceeding under this Ordinance, a certified
copy of the declaration of the magistrate shall be primd 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 a vagrant, the following
documents shall be p7it~iii facie evidence that they have been
incurred:-

(a) as regards hospital charges, a written statement signed
or purporting to be signed by the Director of Medical Services;
and

(b) as regards.other costs and charges, inc luding those of
removal, if any, a written statement thereof signed or purporting
to he signed by the Colonial Secretary.

26. Any person, being apparently a vagrant, who refuses
or fails to accompariv a police officer to or to appear before a
magistrate when required to do so forthe purpose's of this Ordin-
ance may be arrested without warrant, and shall upon summary
conviction be liable to imprisonment for any term not exceeding
one month.





27. Any vagrant who escapes.from the police whilst corn-
mitted 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 deten-
tion for. a limited time or a specified purpose, fails to return on the
expiraticin of such time or when such purpose has'been accom-
plished or proves to he 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 term not exceeding three months.

28A.-(i) Mendicancy is forbidden.

(2) Every person who is guilty of mendicancy shall upon
summary conviction be liable to a fine not'exceeding twenty-five
dollars or to imprisonment for~ any term not exceeding one
month.

29. Every person who asks for alms in a threatening or
insolent manner, or 1 continues to ask for alms of any' person
after he has been required to desist, shalLupon summary con-
viction be liable to imprisonment for any term not exceeding
three months.

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

SCHEDULE. Is. 1S.]

Fonm OF AGREEMENT TO LEAVE THE COLONY.

ARTicLEs OF AGREEMENT made this day'of
19 , between the Colonial Secretary of Hong Kong of the one
part and A.B., of etc., [the vagrant] of the other part: Each of
the parties hereto (so far as relates to the acts on his own part to
be performed) hereby agrees with the other of them as follows,:-

As amended by No. 19 of 1932 [10.6.32).

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

2. The said A.B. shall remain on board such ship until such
ship shall have arrived at the port off

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

4. The said Colonial Secretary of Hong Kong shall contract
with the owner of such ship or his agent for the passage of the said
A.B. on board such ship, and for his subsistence during the voyage
for which he shall embark as aforesaid.

In witness whereof the said Colonial Secretary of Hong Kong
and the said A.B. have hereunto set their hands ihe 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 1928. No 19 of 1932. No. 45 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. 5 Geo. 4, c. 83, s. 3. Provision of houses of detention, and appointment of officers thereof. [cf. No. 39 of 1935, s. 15.] 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 send 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 seamen vagrants to be sent to Harbour Master. [10.6.32.] 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. No. 3 of 1924.] Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidences in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person convicted of mendicancy. Punishment of person asking alms in threatening manner, etc. Rules.

[Originally No. 25 of 1897. No. 5 of 1928. No 19 of 1932. No. 45 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. 5 Geo. 4, c. 83, s. 3. Provision of houses of detention, and appointment of officers thereof. [cf. No. 39 of 1935, s. 15.] 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 send 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 seamen vagrants to be sent to Harbour Master. [10.6.32.] 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. No. 3 of 1924.] Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidences in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person convicted of mendicancy. Punishment of person asking alms in threatening manner, etc. Rules.

https://oelawhk.lib.hku.hk/items/show/1460

1937

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No. 9 of 1897

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