LICENSING PUBLIC HOUSES & c. ORDINANCE
Title
LICENSING PUBLIC HOUSES & c. ORDINANCE
Description
ORDINA~cE 1\o. 11 or 18-E4..
I icen; ?Wg Public douses, ,5c.
No: 1.1 of 1844.
An Ordinance for licensing Pliulic Houses, ('tend certaingames' (rs
amended nt:~.
(.gee ordo. So.
by Ordinance No. 'r o f 1858] and for regulating the retail of fermented,
av~',','~g.1
and spirituous liquors in the Colony of Honakonb.
[lst iNtay,-1844.]
-'f 't~')'HEREAS it is expedient to provide for the licensing of public
houses, arid
promoting good order therein, and for regulating the retail of fermented,
and
spirituous liquors, and preventing the illicit sale thereof in the Colony
of Hongkong
Be it therefore enacted by His Excellency the Governor of Hongkong, with
the advic^o
of the Legislative Council thereof, that from and after the first clay of
July, now next
ensuing, all licenses to sell spirituous liquors hitherto granted in the
Colony of
Hongkong, shall be null and void, and that if any person shall, from and
after the
said first clay of July, sell or dispose of by retail in any quantity,
less than two gallons,
any ale, beer, or other malt liquor, or any wine, cider, ginger beer,
spruce beer, brandv.
rum, or other fermented or spirituous liquor, in any house, or place,
within the Colony of
Hongkong, or its dependencies, or shall permit, or suffer, any such
liquors, as aforesaid
to be sold, or disposed of by retail, as aforesaid by any other person,
in his, or her
house, or other place, within the said Colony, or its dependencies,
without having first
obtained a license, in the manner and form hereinafter directed, every
such person sball
forfeit, for every such first offence, a sum not exceeding two hundred
dollars, and for .
every subsequent offence a sum not exceeding four hundred dollars,
togethet with the
costs of prosecution, in every case to be recovered in a summary manner,
as hereinafter
provided, and every such person shall further upon conviction of any such
offence, be
rendered incapable of holding any license to keep a public house, for the
period of
three years, from the time of such conviction. Provided always, that
nothing in this
Ordinance shall be deemed, or taken to extend, or apply to any person,
practising as
an apothecary, or druggist, who may administer, or sell any of the
liquors before
mentioned as medicines, or for medicinal purposes. (Amended by Ordinance
No. 4 of
1813.]
2, And be it further enacted, that every license, granted for selling and
retailing
liquors as aforesaid, under the provisions of this Ordinance, shall be
valid for one year,
from the yrautinc, of the certificate hereinafter mentioned, and no
longer. [Amended
L?J Ordinance No. 10 of'1868.]
$. And for the better preventing the granting licenses to unfit or
improper persons,
be it further enacted, that every person, desirous of obtaining a license
for keeping a
public house, under the provisions of this Ordinance, or of obtaining the
renewal of a
license before granted, shall ten days before the day, on which his
application is to be
taken in consideration, deliver to the Chief Magistrate of Police, a
notice in writing,
of his, or her intention to apply for such license, and that in every
such notice, there
shall be contained a full description of the- house proposed to be
licensed, with a
statement of the applicant's trade or calling, and situation in life, and
whether married,
Not to oaronU to
aputlthcnt9Pc.
Licenses to te
v alid fur one year.
Forms to be
observed m
persons rtltj,lyiu;;-
for liconsca.
.ORDINANCE No. 11 or 1844.
Iicensing Public Houses, 4c.
or unmarried; togoher with the names, residence, and additions of his or
her proposed
sureties, and that every person, giving such not ice, shall in like
manner deliver, or
cause to be delivered, with such notice, a certificate signed, by three
or more known,
and respectable housekeepers residing within the sai(fColonv as
aforesaid, in the form
prescribed in tile schedule hereunto annexed, marked A.
cai;et Magistrate 4. And be it enacted, that the Chief Magistrate of
Police may appoint, from time
of Toiiae GogranG
eerrifteates to time, as may be necessary, a day for the granting, or
transferring of licenses, whictl
shall be advertised in a public newspaper, at least one month previously,
and tile said.
Chief Magistrate of Police, with the assistance of such other Justices of
the Peace, as
ihay attend on any such day at his office in Victoria, shall take into
consideration all
applications, which shall have been made for licenses, for the sale of
liquors in Honn-
h;oug, and its dependencies, and it shall he lawful, for the said Chief
Magistrate of
Police, to grant to such persons, after taking the required
recognizanees, certificates in
the form contained in the schedule hereunto annexed, marked $., for
authorizing the
granting of such license, and it stall bo lawful, for the said Chief
Magistrate of Police,
to adjourn the consideration of all, or any of the applications then made
to such other
clay, or days, as the Chief Magistrate, shall from time to time, deem
expedient. Pro-
vided always, that in case of disagreement, concerning the 1)granting, or
with-holding
such licenses, the power of granting, or with-holding, the same, shall be
at the time
vested in the said Chief Magistrate of Police, and that all Justices,
dissenting from hint,
may enter the reasons of their dissent in the proceedings of the Court,
and the said
Chief Magistrate shall submit them to the Governor of Hongkong, and take
his final
decision thereon. -
.~.i,prvnnt to
.toner into -
rctngnizance
'bernre certificate
Sim 1w granted.
Proviso for
peranps
proc©nted from
nlyxarinn b~.
illness.
Certificate to I e
IuUetc.i with
~aiotatt.i
ha
win pz,nr a
Jj. And be it further enacted, that every person applying for a license
shall, before;
the Chief Magistrate of Police deliver to him or her a certificate as
aforesaid, to
authorize the issue of such license, enter into a recognizance in the
form, and with the
conditions, contained in the schedule hereunto annexed, marked C., with
two sureties
in tile sunl of three hundred dollars catch, and all such recognizances
with their con-
ditions, shall be regularly recorded.
6. And be it further enacted, that in case any person, desirous of
obtaining such
certificate for a license, shall be hindered by sickness or infirmity, or
by any other
reasonable cause, from attending in person on any such licensing day,
such cause of
absence being proved to the satisfaction of the sati<1 Cliief Magistrate
of Police, it shall
be lawful for the said Chief Magistrate, to certify in favour of such
person, neon three
sufficient sureties to be approved as aforesaid catering into such
recognizance, each in
the sum of three hundred dollars, for performance of the conditions of
the sail recog-
111Za11(.e.
7. And he it further enacted, that every certificate which stall be
granted by the
said Chief Magistrate, to authorize the issuing of a license as
aforesaid,~shall after the
passing of this Ordinance, be null and roil, unless the same, and the sum
required to
be paid for such license, be lodged in the offlce'of tile Colonial
Treasurer, of in such
ORDINANCE No. 11 or 1814.
Licensing Public flouscs, 4-c.
other office its may hereafter be appointed by the said Governor for that
purpose, within
fourteen days aft ar the date of such certificate, and the said Colonial
Treasurer, or other
officer who may hereafter be appoiixted for that purpose, shall and lie
is hereby author.
ized and required forthwith, after Ne receipt of every such certificate,
to issue a license
in the form contained in the schedule hereunto annexed, marked D., and
shall register
the same in his office, upon payment being made to the said Colonial
Treasurer or other
officer of the sufn of fifty dollars [S100 as amended by Ordinance No. 4
of 1845 ] for
every such license. [Amended by Ordinances No. 7 of 1858 and No. 10 cf
1808.)
8. And be 4 further enacted, that . it shall, and may be lawful to, and
for the
Governor of the said Colony, to allow, and authorize the said Colonial
Treasure, sr'
other officer as aforesaid, to issue a license, or licenses, to any
person, duly qualified,
who shall have ol)tained the required certificate, from the said Chief
Magistrate, herein-
before directed for any house within the said Colony, which shall not be
nearer than
two miles to the 'Government House at Victoria, upon the payment of such
sum, not
exceeding fifty dollars, as taking into consideration the situation of
the house, shall
seem just and reasonable. [Amended by Ordinance No. y of 1858.]
$. And be it enacted, that it shall be lawful for tine said Chief
Magistrate, at such cllie0lllglstraatr-
to transfer . .
days hereinbefore mentioned, to transfer the license of any house,
licensed as aforesaid, IIvetlyeH.
to the appointee of the original holder of such license, such appointee
giving, the like
notice, producing the like certificates, and entering into the same
recognimnces as the
original party obtaining the same, is, by this Ordinance, bound to give,
produce,and
enter into.
i
10. And be it further enacted, that the executor or administrator, or the
trustees
I
in case of the insolvency of any person holding a license under this
Ordinance, shall
be entitled to carry on the business of the house so licensed as
aforesaid, without
renewing the said license, during six months, (if the license shall have
so long to
run,) after the decease or legally declared insolvency of the person
holding such license
as aforesaid. Provided always, that the license of such house shall be
subject to the
same regulations, as if it had continued to be holden by the person to
whom the same
was originally granted, and that a new recognizance be entered into by
such executor
administrator, or trustees, according to the provisions of this Ordinance.
11. And be it further enacted, that in case any person having duly
obtained a
license as aforc
stated; or from
expressed in sac
to the said Chie
after such perso
authorizing-the
dollars, to the s
anew license, zv for.which die or
,'177e GovcrWre
may order
,, licenses, for
Louses, ]lot'
nearer tlmu Iho
ndlea to the
fovea of Victoria.
A:xeontors or
kruaYCC3 ma v
hold licen'r~fi.r n
rervlllt tine.
a
i
t, shall either from necessity, by accident to the house in such license
a Dy other cause, lie desirous to remove his business from the house
license to any other house, then upon memorial from sncli person,
f Magistrate, it shall and may be lawful for the said Chief Magistrate,
shall have entered into a new recognizance, to grant a certificate,
olonal Treasurer for the said Colon, on payment of the suln of five
d Treasurer; and lodgment with lim,~of the original license, .to grant
kin forty-eight hours after application, for the residue of the .term
i final license-had been granted, and for such house as shall be
authorized
Persons IeAirovia
ol'rc:novinx
Ilrenaea to lrtllcr
premises to
nomorLel the
justices.
ORDINANCE, \ o.-11 of 1844.
Chlef Magistrate
to transmit lists
of the certificates
granted by him
to the Colnntal
Treasurer.
1,111,11calls to have
their unmnx ir.
pninted 9n their
prcmisee.
Unlicensed
persons, keeping -
op n ~afgn, &i. to
be fined.-
L°icensiiig.1',izlrlic houses, L~c.
and described in such new certificate. Provided, that in such new
license, the said
original license stall be briefly recited, and that the same had been as
it is hereby
required, to be cancelled, on the issuing of such neW licence; and
provided also, that
nothing herein contained shall be deemed, or construd't1, to admit or
sanction the person,
to whom the said original license was granted, to retail any of the
liquors aforesaid
elsewhere, than in the house or place.expressed-in such new license.
12. And be it further enacted, that the said Chief Magistrate shall
transmit to the.
Colonial Treasurer for the time being, within ten days after the granting
of such
certificates as aforesaid, a list signed by him the said Chief Magistrate
of all the persons
to 'whom lie shall have so granted certificates, specifying the situation
and sign or nan.le
of each house, and if not in Victoria its distance therefrom, the namo of
the owner or
proprietor, whether before licensed or not, and also the names and
residences, of the
sureties.
13. And be it further enacted, that every person, who shall be licensed
to beep a
public house shall, and is hereby required, to have his or her name at
length painted
in legible letters at least three inches long, with the words 'Licensed
to Retail Wines
and Spirituous Liquors,' constantly and permanently remaining, and
plainly to be seen
and read, on some conspicuous pare of his or her house, and the said
house shall also
be provided with a proper plane of accommodation for the use of the
customers thereof,
in order to prevent nuisances or offences to decency.
14. And be it further enacted, that i£ any person, not actually holding a
license,
shall beep up any sign, writing, painting, or other mark, on or near to
his house, which
may imply, or give reasonable cause to believe, that such house or
premises, is or are
licensed for the retail or barter of such liquors as aforesaid, or that
such liquors are
sold, served, or retailed therein, or shall offend against the provisions
of the last section,.
be shall for overt' such offence forfeit and pay a sum, not exceeding one
hundred
dollars, to be recovered
Penalties, and
disabilities for
Iieenseii penvous
offending.
in a summary manner.
15. And be it further enacted, that if any licensed person shall offend
against the
tenor of his or her license, or shall in any respect commit a breach of
any condition of
the recognizance by him, or Let entered into, be or she shall forfeit and
pay, or become
liable to the several penalties, or disabilities, to be recovered in a
summary manner,
hereinafter mentioned: that is to say, for tee first offence, a sum of
not more than
one hundred dollars, with costs, and fox the second offence, a sum of not
more than two
hundred dollars, with costs, and for the third, or any subsequent
offence, it shall be
lawful for any one Justice, upon complaint, or information of such third
or subsequent,
offence, to issue a summons requiring the person so complained of, or
informed against
to appear at the next Court of general sessions of Magistrates, to be
holden in the said
Colony, and there to answer to the matter of such complaint, or
information, and any,
other person or persons, to appear at such sessions, and give evidence
against such
ORDINANCE No. 11 of 1844.
Licensing Patblic -Houses, A-c.
licensed person, and the Justices of the Peace at such sessions, shall
inquire in a ,
summary manner into the offence charged in the said complaint, or
information, and if
they find that such licensed person hath committed the offence, against
the tenor of his
or her license or recognizance in^the said complaint or information
specified, and that
such licensed person hath been twice or oftener previously convicted of
offences against
the tenor of his or her license, or recognizance, it shall be lawful for
the said Justices,
at such sessions to adjudge such licensed person, guilty of such third,
or subsequent
offence, which adjudication shall be final, and thereupon the said
Justices shall have
authority to punish the party so convicted by a fine, or penalty, of not
less than fifty
dollars, nor more than five hundred dollars, or (at the discretion of the
said Justices, '
by declaring his, or her recognizance, to be forfeited, and also (at
their discretion,) ms,
or her license to be void, and such recognizance, shall be forfeited, and
such license
from thenceforth to be void accordingly, and the said person, whose
license shall be
declared void, shall from thenceforth be incapable of receiving, or
holding any license
under this Ordinance, for the space of three years, to be computed from
the date of
such adjudication.
16. Provided always, and be it further enacted, that no recognizance
sball be
declared forfeited, unless upon such adjudication by the said Court of
general sessions
upon such third or subsequent conviction, and in every proceeding under
this Ordinance,
against a person as a licensed publican, the production of his or her
recognizance, shall
be evidence, of his or her being such licensed publican, and if such
licensed person so
complained of, or informed against, for such third or subsequent offence
shall not appear
at such next general sessions, pursuant to the summons, it shall be
lawful for the Justices
in such sessions assembled, on proof of the service of such summons, to
inquire into and
determine the matter of the said complaint or information, and in all
respects to proceed
against any person so summoned and not appearing, in the same manner as
if he or she
had appeared.
1'7. And be it further enacted, that no licensed person, shall maintain
any action
for, or recover any debt, or demand, on account of spirituous liquors,
unless such debt
shall bond ,fide have been contracted at one time to the amount of five
dollars, or upwards,
nor shall any item in any account for spirituous liquors be allowed where
the liquors
bond, fide delivered at one time, shall not amount to the full sum of
five dollars, nor
any amount of debt whatsoever, incurred by any seaman or soldier in Her
Majesty's
service for spirituous liquors. Provided always that nothing herein
contained shall
extend to prevent inn-keepers from keeping an account with lodgers and
travellers in
which any charge for spirits may be included, and recovering the amount
thereof; in a
Court of Justice.
'- 18. And be it further enacted, that if the keeper or occupier of any
public house rullliealls Shall
sell liquors for
licensed as_aforesaid, shall take or receive from any person whomsoever
in payment, or 11=eney-enl-
in pledge for liquor, or for any entertainment whatsoever, supplied in or
out of his or
her house or premises, guy article of clothinj, or slops, or any tool or
other article, or
I:CCn1;Ili7.;I11CCV
not. to 110
forfeited mitil
the third nnntic-
tilrn and to he
cviQcltce of !ing
IieenseV.
Publicans infor-
,1,0n against
nut, appearing.
Debts for spirits
not recoverable
nnles oontraetod
for n,. one LitriC.
vat re pre, end
inn-I;cepers
In,vintrconnts
n
with lollt;era.
ORDINANXE N'0.. 11 OF
'flquarsin qnnh
titiex'aF,uvP bunt'
.r,l)I11G TO by 'Old
,--ACC,)niffig,to tile
wntnmlard-
?trunscPC'N podw
.in lieen~ed lean9Pv
not liable for rent
~ot' uhs;otdter
c;aitn a!rninrt
$llPlt houses.
4iliifeR, al'..
:`colt9Tnbles
-autbnrued
may enter public
bt77t.eN at ..n
Licensing Aiblir. Houses, ~yc.
thing excepting metallic money, then such occupier or possessor of a
public house, so
offendiulr shall upon conviction forfeit and pay, % sum. not exceeding
one hundred dollars,
independently of any such fine or punishment as mpp attach to so doing
under any
statute or ordinance now or hereafter to be ill force wiedlin the said
Colony.
19. And be it further enacted, that every keeper of a licensed house
shall sell,
or otherwise dispose of all liquors by retail. (except in quantities less
than a half pint.,)
by the gallon, quart, pint, or half pint, of full imperial measure,
according to tile standard
which is bylaw established in England, and shall also if required by any
guest; or
,customer purchasing such liquor, retail the same in a vessel sized
according to such
atrLlidard, and in default thereof he shall for every such offence
forfeit tile illegal measure,
and pap a gum not exceeding fifty dollars, in a summary way.
20. And be it further declared and enacted, that every house licensed as
herein
provided, shall be considered as a common inn, and no goods, or chattels
whatsoever,
bond fide the property of any stranger, or strangers, and being in such
licensed house,
or the appurtenances thereof, or any place used and occupied therewith,
in the ordinary
course o£ resort at such licensed house, shall be subject to he
distrained, or seized, for
or in respect of any claim of rent far such licensed house or
appurtenances, or in respect
of any oilier claim soever against the said house, or appurtenances, or
the owner thereof,
and if any such goods or chattlea shall be diatrained, or seized for
rent, or in any other'
mat lner contrary to the provisions of this Ordinance, it shall be lawful
for any Magistrate
of Police, of any two Justices of the Peace, to inquire into any
complaint made in
respect of such distress, or seizure in a summary manner, and to order
such goods and
chattels to be restored to the owner or proprietor thereof, and further
to award such
reasonable coats, ass shall be incurred, by such summary proceeding, and
such costs to
levy by distress and sale of the goods or effects of the person, or
persons, distraining, or
seizing such goods or chattels as aforesaid.
21. And be it further enacted, that it shall be lawful for any Justice:of
the Peace,
or any constable generally authorizes by a Justice of the Peace in that
behalf, to demand
entrance into any licensed public house, or the appurtenances thereof at
any time, by
day, or night, and if admittance be delayed for such a time, as shall
make it appear to
any such Justice or Justices, that wilful delay was intended, it shall be
lawful for such
Justice or Justices to summon the person so offending before the next
Court, of general
sessions, far the district, and upon conviction before such Court of
general -sessions,
tile license o£ the party so offending shall be forfeited, any tbina
herein-before contained
to the contrary notwithstanding: and no license shall again be granted
for the space of.
three pears from the date of such conviction, to any person wt~o shall be
so convicted.
of refusing or wilfully delaying admittance. Provided always; that if
such ad-mittanee
be refused or wilfully delayed, it shall be lawful for such Justice, or
constable to break
intcl such .public house, with his assistants to serve process,,or for
any other lawful
purpose.
ORDINANCE loo. 11 or, 1844.
Licensing Public Houses, 4-c.
22. And be it further enacted,, that if any licensed person shall abandon
the
<)ccupation of his or her licensed house, as his or her usual place of
residence, and
permit any person whatsoever, to manage, superintend, or conduct the
business, of such
house, or shall whether residing'inthesaidhonse,ornot, permit any
unlicensed person
to become virtually, or in effect the keeper thereof, then, or in either
of the said cases,
upon proof of the fact, to the satisfaction of any two or more Justices
of the Peace, the
license of such house, for the current year, shall become and be
absolutely void,
any thin; hereinbefore contained to the contrary notwithstanding.
23. And be it further enacted, that if any licensed person shall employ
any^
unlicensed person to sell, or dispose of by retail as aforesaid, any such
liqtWrs ars
aforesaid in any house, or in any cart di-ay or other carriage, or in any
vessel or Loat,
or in any place whatever out of (be licensed house of such licensed
person, or if any
licensed person shall sell barter or lend to any unlicensed person any
such liquors as
aforesaid, with the knowledge or upon the understanding that such liquors
tire to be
sold retailed or bartered by such unlicensed person, contrary to the true
intent anti
meaning of this Ordinance, every such licensed person shall, upon
conviction thereof
in a summary manner, forfeit and pay for every such offence, a stun not
execetling two
hundred dollars.
24. And be it further enacted, that no ale, beer, wine, cider, ginger
beer, spruce N,,'li(ltlnr,w 1i('
retailed where a
beer, brandy, rum, or any other fermented, or spirituous liquors, shall
be sold or tet~a/ Ytultli4
l;e,~t.
'disposed of by retail, in ally quantity less than two gallons, in any
house or place, in or
on which a retail shop for the sale of other articles is kept, anti if
any person shall sell
or dispose of by retail any such liquors as aforesaid in such house or
shop, or shall
supply or deliver any such liquors to any person coming to such house or
shop, under
the pretence of such last mentioned person being a customer, or under any
other
pretence whatsoever, every such person so offending shall upon conviction
thereof
in a summary planner be subject to the same penalty as if he or she had
been convicted
of selling any such liquors its aforesaid by retail without a license,
contrary to the
provisions of this Ordinance.
25. And be it further enacted, that if any unlicensed person slla11 sell;
or deliver
any such liquors in a quantity exceeding two gallons, with an
understanding that part
thereof shall be returned, so that after such part shall have been
returned, the quantity
actually sold, or delivered shall be under two gallons, then and each of
such cases such
retail shopkeeper, dealer, or person, shall upon being convicted of any
such offence, be
subject to the same penalty as if he or she had been convicted of selling
any such liquors
2s aforesaid by retail without a license, contrary to the provisions of
this Ordinance.
[Five new sections added by Ordinance No. 7 of 1858 and following
sections remonbered
-acs in brackets.]
26. (31.) And be it further enacted, that it shall and may be lawful for
any Justice
of the Peace, constable or other peace officer, to seize and tahe away,
or to destroy, or
cause to be seized taken away, or destroyed, all such spirituous or other
liquors as
.aforesaid, as shall be hawked about, or exposed to sale, in any street
road foot-path or
re,ullries Put'
lllllilil'a113
abandoning flee
uccupnciun ur
111u1n;1gCI17Pllt f,/'
their 11011ses.
Or employing
tntlicenscol lie rsult
to retail Liquors
(lit t of their
lletl,e, nr ai,_
1,(,sitlg (,f
them fol, that
llttrial,e.
ray .anl llg
two g;lu..n.. t
liquors with am
tln(lorstandiuu
that part 11,111 he
ruturncQ.
hP.11111r\-
l,iqtturs t ovl:e(I
aLuttttu LeseinecF
and onulmunell.
lfi i Dr ruspCCtcd
tl,ut li,inorw it re
rQtuiled if) unnuutiCUnae,l lumaC
tl,uv may be
aui2utl, uttq it
itt'cer ,Ymnlnu t.1uu
it 811101 40 appent,
Lbec nIW II Im
Ynritited.
ORDINANCE \o. 11 Or 18=14.
Licensing Public llozcses, 4r.
ally other place whatever, or in any booth tent :tall or shed, or in any
boat or vessel
by any person not licensed to sell the same in such place, and the
vessels containin,r-
the same, anti all vessels and utensils used for drinn fng or measuring
the same, and
any cart dray or other carriage, and any horse, or horses, or other
animal or animals,,
employed in drawing, or carrying, the same, its well as anv boat, or
vessel used in the
conveyance of such liquors as aforesaid: and it shall be lawful for any
one, or more,
Justice or Justices of the Peace an his or then own-view, or on
confession of the party,
or by proof of such offence by the aath' of one, or more credible
witness, or witnesses,
to convict any person so offending, of selling spirits without a license,
and to adjudge
llipl Iaer or them, liable to all the penalties imposed by this
Ordinance, for such offence-.
anti to cause such liquors vessels and utensils containing the same, and
guy cart dray
or oilier carriage, horse, or horses, or other animal, or animalx, and
any boat., or vessel
usecl.iu conveying the same to he sold: and the proceeds thereof after
deducting the
expenses of sale, shall be paid ogle moiety, to the use of the Queen, and
the other-
luoiety, to the person, or persons who relay in any such case first
seize, inform, or pro-
secute.
2'7, (32.) And be it further enacted, that upon information on oath being
made
beforo any Justice of the Peace, by any constable, or credible person,
that he or she.
dath verily suspect and believe drat any such liquor, or liquors as
aforesaid, is or are,
or have been sold, or retailed, in any particular unlicensed house, or
other unlicensed
place, and such other constable, or other persons shall in such
information set forth
and show reasonable grounds for such belief and suspicion, then and in
such case it
shall be lawful for such Justice, in his discretion, to brunt his
warrant, to any constable
to enter, and Search ally such house, or other place by day, and such
constable maw
lilvali, open the doors, if not opened within a reasonable time after
demand, and seize
all such fermented, and spirituous liquors as aforesaid, as he stall then
and there
find, anti the vessel, or vessels in which such liquors shall be
contained and shall and
luay detain the same until the owner thereof shall appear before any
Magistrate of
Police, or before two, or more Justices of the Peace, to claim such
liquors, and shall
satisfy tho said Magistrate, or Justices, how, and for what purpose-be
became possessed
of the same, anti if it shall appear to the said Magistrate, or Justices,
after due inquiry
arid examination, that such liquor's were in the said house, or other
place, for the
purpose of being illegally sold, or disposed of by retail, then such
Ma~gistrate,or'
Justices shall adjudge the said liquors, and vessel or vessels to be
condemned, and
forfeited, anti the same shall, and relay be sold, and the proceeds
thereof after payment
of such costs as may be assessed, and awarded lay such Justices, shall be
applied, and
distributed in equal moieties to the use of Her Majesty, and to or
amongst the party
or parties so informing, but if otherwise, then S'tlch liquors, and
vessel, or vessels, shall
be forthwith restored to the proper owner.
it'hut,laCnrC,t 28, (JJ.) And 11 Order t0 remove any doubts which may
-al'1S0 as to what Inlay COn-
CcidCnco of
ret,dliu;: mitVotttl StIttItC, or establish a selling, or disposing 1)y
retail of liquors contrary t0 the true intent
li,CUSe. -
and meaning of this Ordinance: Be it further enacted, that. the delivery
of any such.
ORDINANCE No. 11 of 1844.
Licensing Public Houses, 4c.
spirituous, or other liquors as aforesaid in any quantity less than two
gallons * shall (-amended by 7 of
be deemed and taken to be good and sufficient primid facie evidence of
money, or other is s.i o
'
consideration being given for the came, so as to support a conviction for
retailing
liquors contrary, to this Ordinance, unless proof shall be made to the
contrary to the
satisfaction of the Magistrate, Justice or Justices, hearing the case.
29. (34.) And beitfurther enacted, that in all proceedings whatsoever,
against any in proceedings
person for retailing, or permitting or suffering to be retailed, any such
liquors without
a license, such person, shall for all purposes connected with those
proceedings be
deemed, and taken to be unlicensed, unless he or she shall at the bearing
of the case,
produce his, or her license before, and exhibit the same to the sitting
Justices, or eh&ll-
then and there produce other satisfactory proof of his, or her being a
licensed person.
And every licensed person as aforesaid, shall on demand at his, or her
licensed house,
produce his, or her license to any Justice of the Peace, or any constable
authorized by
any Justice, by any writing under his hand in that behalf: and if any
such licensed
person shall refuse, or neglect so to produce his, or her license, he or
she shall forfeit,
and pay for every such refusal, or neglect, a sum, not exceeding fifty
dollars, to be
recovered in a summary manner.
30. (35.) And be it further enacted, that if any person be convicted of
keeping a
disorderly house, or of unlawfully retailing any such liquors as
aforesaid, the house and
premises of such person, and the house, lodging, shop, or warehouse,
where such
offence shall have been committed, and any court or yard connected
therewith; shall
be liable to be searched, at any time of the day, or night, by any
constable, or consta-
bles, or other peace officer or officers, with, or without warrant, for
six months next
after such conviction. Provided that the same or any part thereof, shall
be occupied
by the party, or parties, so convicted, and all such liquors'as
aforesaid, as at any time
within the said six months, shall be found in any such house, lodging,
shop, court yard,
or premises shall, and may be seized, and forthwith removed, and disposed
of, in the
manner hereinbefore directed for the disposal of such liquors, seized in
an unlicensed
house.
31. (36.) And be it further enacted, that whenever any Justice of the
Peace, or
any chief, or other constable shall find any. person, drinking in any
house, shop, store-
house, or other building, or any booth, shed, or hut, tent, stall, or
place in which, or
where, any ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum,
or other fer-
mented, or spirituous liquors, shall be sold, or disposed of by retail,
and the license
for such sale shall not on demand be produced to such Justice or
constable, it shall and
may be lawful for such Justice of the Peace, or constable, to apprehend
all such
persons go found drinking there: and every such person so found drinking,
shall, upon
the view of such Justice, or upon conviction before any Justice of the
Peace, forfeit
and pay for every such offence, a sum not exceeding twenty dollars, to be
recovered in
a summary manner, unless such person shall inform against such unlicensed
person, or
voluntarily become a witness against him, or her, in respect of such act
of selling; and
retailing,
the proof of being
licensed to He
with the party
charged.
Publicans to
produce their
licenses to
Justices oft
demand.
Disorderly
houses may be
tearahed fur six
mouths after
conviction.
Persons drinking
in unlicensed
houses to be
apprehended.
Recovery of fines
add-penalties.
As to licensesnot
oonpieted or.
,for.
commencement
of tb)s Ordinance.
ORDINANCE No. 11 of 1844.
Lieensing=Public Houses; yc.
32. (37.) And be it further enacted, that any master or other person
employing
journeymen, workmen, servants, or, labourers, who shall pay or cause any
payment to
be made to any such journeyman, workman, or labq,urer in or at any, house
in which
any of the liquors as aforesaid shall be sold by retail, shall forfeit
and pay for every
such offence, a sum not exceeding fifty dollars, to be recovered in a
summary manner.
And be it enacted, that fines, and penalties herein mentioned shall
(except where it is
otherwise specially provided) be recovered before any Magistrate of
Police sitting singly, or
any two, or more Justices of the Peace, in the manner provided by
Ordinance No. 10 of 1844,
entitled c° An Ordinance to regulate sum' proceedings before Tustices of
the Peace, and
~,'°to protect J'natice8 in the execution of their duty.' Repealed by
Ordinance No. T of 1858.]
33 . And lie it further enacted, that until the said first day of July,
every license
hitherto issued in Hongkong shall be, deemed and taken to have issued,
and.shall have
the same force and effect, as any such license issued under this
Ordinance, and all and
every person, place, matter, or thing, shall in respect of, or in
relation to every such
license, be subject and liable to such and the like laws, rules,
regulations, provisoes,
conditions, powers, jurisdictions, fines, forfeitures, penalties, and
proceedings, as herein.
before provided, with respect to licensos issued, and all other things
directed in respect
thereof, and by virtue of this present Ordinance. [Repealed by Ordinance
No. 7 of 1858.]
[New Sections 38 to 40 added by Ordinance No. T o, f 1858. The whole
Ordivzance
except sections 38 y 39 repealed by 0rdiriance No. 21 of 1886: Sections
88 ~- '89
repealed by -Ordinance No: 21 of 1887.]
SCHEDULES
TO WHICH THIS ORDINANCE REFERS.
Fornc of application. for a License to keep an hart or Public house with
certificate of character.
TO THE HONOURABLE TAE CHIEF MAGISTRATE OF POLICE OP' $ONGH:ONG:
i A. B. (state the trade or occVation) now residing at in the
Colony o£ Hongkong do hereby give notice that it is my intention to apply
at the next licensing. meet-
ing to
for a license to
sell, and retail ale, beer, and other malt Iiquoi5, or, wine, cider,
ginger beer, spruce beer, .brandy, rum,
or other fermented, or spirituous liquors, in the house, and
appurtenances thereuntto_ belonging, situated
at (bore describe the house proposed to be licensed, specifying the
situation of it; the person, of mhoin
rented, the present occupier, and if so under
what sign) and which I intend to
keep as an inn or public house. I ani (married, m .unmarried as the case
may be:), and I have held ~a
license (if before licenseel state how many years)
I further give notice that T propose C. D. of
and E. F. of
into the required recognizance. -
Given under my hand this -
the undersigned Uouseholclers residin g within -the town of
as my sureties £o enter with me
day of
18I ,. We
do hereby certify that the above A. B. of
fame and reputation and fit and proper to be licensed to keep an inn or
public house.
Witness our hands, this day of
1.
ORDINANCE Nn. 11 of 1844..
Licensing Public Houses, (
'Pc.
HONGKONG.
is a person of goon
born of CNtiJieate by the Chief Magistrate to aaeth.rrr%xe the granting
of a Liaonxe.
At the licensing meeting (or an adjou>tment of the Liaenaing ineeting
or yraatmes) holden at
on the day of
in the year one thousand eight hundred and forty
for the purpose of considering applications made to me for licenses to
keep public lioness, in pursuance
of an ordinance of the Governor and Council intituled 'An Act for
licensing Public Houses, and regu.
lating the retail of fermented, and spirituous liquors, in Hongkong' 1
do hereby authorize the Colonial Treasurer to issue a license to A. B, of
to keep an inn, or public house at the sign of
situated in for the year commencing on the day of
and I do hereby certify that I am satisfied the said A. B, is a person of
good
fame, and reputation, and is fit and proper to keep any inn or public
house and also that 1 have taken
from the said A. B. and his sureties C. D. of
recognizance in the sum of
prescribed by the said ordinance of the Governor and Council.
Given under my hand and seal on the day of and at
and E. F. of a
each according to the form
the place first above written.
Hongkong.t
to wit
11rrna. of a Recognizance.
Be it remembered, that on the day of 184 A. B. of C, D. of and E, h. of came
personally before me
Chief Magistrate of Police in the Colony of Hongkong and acknowledged
themselves to owe to Our
Lady the Queen, to wit the said A. &. the sum of
of , : . '' and the said E. F. the sung of
the said C. D, the sum
of lawful
current dollars of Hongkong to be respectively levied of their several
goods and chattels, lands and
tenements, to the use of our said Lady the Queen Her Heirs and
Successors: in case default shall be
made in the performance of any of the conditions hereunder written
The conditions of this recognizance are such, that whereas the said A. B.
is to be licensed to keep
a common-inn, ale-house, or victualling-house, and to sell ale, beer, and
other malt liquors, and wine,
ORDINANCE No. 11 u 1844.
Licensing Public -Houses, 8c.
cider, ginger beer, spruce beer, brandy, rum, and other fermented and
spirituous liquors, in the house,'
wherein he (m she) now dwells (or is about to dwell) being the sign
of situated at
in for twelve months, commencing on the day of
one thousand eight hundred and forty- if the said A. B. do keep the
law in selling ale, beer, and other such liquore'as aforesaid in his (or
her) said house or appurtenances
thereunto belonging: and'do not permit any person to become drunk, or
supply, or permit such liquor
as aforesaid to be supplied or given to any person in a state of
intoxication, or permit such person (not
being an inmate thereof) to r4main in his (or her) house or premises and
do not permit any person to
play at cards dice or any other game of chance in his (or her) house or
premises or to commit any
disorder therein or to remain in or upon the same tippling of drinking
after the hour of
at night or on Sunday at any hour, always excepting moderate refreshment
to persons who may be
,bong fide travelling or who may be inmates of the house; nor suffer any
disorder to be committed in
~hfs ('or her) house or premises; nor refuse to admit a Magistrate, or
constable into any part of the
said house or premises at any hour and do maintain good order and rule
therein, then the said
recognizance to be void, otherwise to remain in full force.
Taken and acknowledged the day and year above written before me.
Hongkong
i
Forne of License,
Whereas A. B. of
Chief Magistrate of Police
eight hundred and forty-
or public pause at the sign of
hatli deposited in this office a, certificate from the
dated the day of
in the year of our Lord one thousand
authorizing a license to be issued to the said A. B. to keep an inn,
situated at and
stating that the said Chief Magistrate of Police has taken from the said
A. B. and two sureties a recog-
nizance in the sum of
paid into my office the sum of
each as required by law, and whereas the said A. B. liath
as the duty on such license now I the Colonial
Treasurer of the Colony of Hongkong in virtue of the powers vested in me
by Ordinance No. 11 of 1844
of the Governor and Council do hereby license authorize and empower the
said A. B, to keep a common
inn, ale-horse, or victualling-house, and to sell and retail in the house
in which he (m she) now
dwelleth (or is about to dwell) being the sign of situated at
and in the appurtenances thereunto belonging but not elsewhere all beer,
and
other malt liquors, or wine, cider, ginger beer, spruce beer, brandy,
rum, or other fermented, or
spirituous liquors, and this license shall continue in force from the
said day of
until the day of next ensuing both
days .inclusive and no longer, and also provided it be not forfeited in
the meantime according to the
provisions of the aforesaid ordinance of the Governor and Council.
Given under my hand and seal at Victoria this day of
pre thousand eight hundred and forty.
Registered P. Q.
N. 0. L. S.
Colonial Treasicrer.
Title. [See Ordcs. No. 4 of 1833 and No. 10 of 1868.]
Preamble.
Not to extend to apothecaries.
Licenses to be valid for one year.
Forms to be observed by persons applying for licenses.
Chife Magistrate of Police to grant certificates.
Applicant to enter into recognizance before certificate shall be granted.
Proviso for persons prevented from appearing by illness.
Certificate to be lodged with Colonial Treasurer who will grant a license.
The Governor may order licenses, for houses, not nearer than two miles to the town of Victoria.
Chief Magistrate to transfer licenses.
Extecutors or trustees may hold licence for a certain time.
Persons desirous of removing licenses to other premises to memorial the Justices.
Chief Magistrate to transmit lists of the certificates granted by him to the Colonial Treasurer.
Publicants to have their names &c. painted on their premises.
Unlicensed persons, keeping up a sign, &c. to be fined.
Penalties, and disabilities for licensed persons offending.
Recognizances not to be forfeited until the third conviction and to be evidence of being licensed. Publicans informed against not appearing.
Debts for spirits not recoverable unless contracted for at one time.
Not to prevent inn-keepers having accounts with lodgers.
Publicans shall sell liquors for money only.
Liquors in quantities above half a pint to be sold according to the standard measure.
Stranger's goods in licensed houses not liable for rent or any other claim against such houses.
Justices, or constables authorized may enter public houses at all times.
Penalties for publicants abandoning the occupation or management of their houses.
Or employing unlicensed person to retail liquors out of their houses or disposing of them for that purpose.
No liquors to be retailed where a retail shop is kept.
Persons selling two gallons of liquors with an understanding that part shall be returned.
Penalty.
Liquors hawked about to be seized and condemned If it be suspected that liquors are retailed in any unlicensed house they may be seized, and if after examination it shall so appear they shall be forfeited.
What deemed evidence of retailing without license.
[* Amended by Ord. No. 7 of 1858.]
In proceedings the proof of being licensed to lie with the party charged.
Publicans to produce their licenses to Justices on demand.
Disorderly houses may be searched for six months after conviction.
Persons drinking in unlicensed houses to be apprehended.
Payment of wages where liquors are sold.
Recovery of fines and penalties.
As to locenses not completed or issued before commencement of this Ordinance.
I icen; ?Wg Public douses, ,5c.
No: 1.1 of 1844.
An Ordinance for licensing Pliulic Houses, ('tend certaingames' (rs
amended nt:~.
(.gee ordo. So.
by Ordinance No. 'r o f 1858] and for regulating the retail of fermented,
av~',','~g.1
and spirituous liquors in the Colony of Honakonb.
[lst iNtay,-1844.]
-'f 't~')'HEREAS it is expedient to provide for the licensing of public
houses, arid
promoting good order therein, and for regulating the retail of fermented,
and
spirituous liquors, and preventing the illicit sale thereof in the Colony
of Hongkong
Be it therefore enacted by His Excellency the Governor of Hongkong, with
the advic^o
of the Legislative Council thereof, that from and after the first clay of
July, now next
ensuing, all licenses to sell spirituous liquors hitherto granted in the
Colony of
Hongkong, shall be null and void, and that if any person shall, from and
after the
said first clay of July, sell or dispose of by retail in any quantity,
less than two gallons,
any ale, beer, or other malt liquor, or any wine, cider, ginger beer,
spruce beer, brandv.
rum, or other fermented or spirituous liquor, in any house, or place,
within the Colony of
Hongkong, or its dependencies, or shall permit, or suffer, any such
liquors, as aforesaid
to be sold, or disposed of by retail, as aforesaid by any other person,
in his, or her
house, or other place, within the said Colony, or its dependencies,
without having first
obtained a license, in the manner and form hereinafter directed, every
such person sball
forfeit, for every such first offence, a sum not exceeding two hundred
dollars, and for .
every subsequent offence a sum not exceeding four hundred dollars,
togethet with the
costs of prosecution, in every case to be recovered in a summary manner,
as hereinafter
provided, and every such person shall further upon conviction of any such
offence, be
rendered incapable of holding any license to keep a public house, for the
period of
three years, from the time of such conviction. Provided always, that
nothing in this
Ordinance shall be deemed, or taken to extend, or apply to any person,
practising as
an apothecary, or druggist, who may administer, or sell any of the
liquors before
mentioned as medicines, or for medicinal purposes. (Amended by Ordinance
No. 4 of
1813.]
2, And be it further enacted, that every license, granted for selling and
retailing
liquors as aforesaid, under the provisions of this Ordinance, shall be
valid for one year,
from the yrautinc, of the certificate hereinafter mentioned, and no
longer. [Amended
L?J Ordinance No. 10 of'1868.]
$. And for the better preventing the granting licenses to unfit or
improper persons,
be it further enacted, that every person, desirous of obtaining a license
for keeping a
public house, under the provisions of this Ordinance, or of obtaining the
renewal of a
license before granted, shall ten days before the day, on which his
application is to be
taken in consideration, deliver to the Chief Magistrate of Police, a
notice in writing,
of his, or her intention to apply for such license, and that in every
such notice, there
shall be contained a full description of the- house proposed to be
licensed, with a
statement of the applicant's trade or calling, and situation in life, and
whether married,
Not to oaronU to
aputlthcnt9Pc.
Licenses to te
v alid fur one year.
Forms to be
observed m
persons rtltj,lyiu;;-
for liconsca.
.ORDINANCE No. 11 or 1844.
Iicensing Public Houses, 4c.
or unmarried; togoher with the names, residence, and additions of his or
her proposed
sureties, and that every person, giving such not ice, shall in like
manner deliver, or
cause to be delivered, with such notice, a certificate signed, by three
or more known,
and respectable housekeepers residing within the sai(fColonv as
aforesaid, in the form
prescribed in tile schedule hereunto annexed, marked A.
cai;et Magistrate 4. And be it enacted, that the Chief Magistrate of
Police may appoint, from time
of Toiiae GogranG
eerrifteates to time, as may be necessary, a day for the granting, or
transferring of licenses, whictl
shall be advertised in a public newspaper, at least one month previously,
and tile said.
Chief Magistrate of Police, with the assistance of such other Justices of
the Peace, as
ihay attend on any such day at his office in Victoria, shall take into
consideration all
applications, which shall have been made for licenses, for the sale of
liquors in Honn-
h;oug, and its dependencies, and it shall he lawful, for the said Chief
Magistrate of
Police, to grant to such persons, after taking the required
recognizanees, certificates in
the form contained in the schedule hereunto annexed, marked $., for
authorizing the
granting of such license, and it stall bo lawful, for the said Chief
Magistrate of Police,
to adjourn the consideration of all, or any of the applications then made
to such other
clay, or days, as the Chief Magistrate, shall from time to time, deem
expedient. Pro-
vided always, that in case of disagreement, concerning the 1)granting, or
with-holding
such licenses, the power of granting, or with-holding, the same, shall be
at the time
vested in the said Chief Magistrate of Police, and that all Justices,
dissenting from hint,
may enter the reasons of their dissent in the proceedings of the Court,
and the said
Chief Magistrate shall submit them to the Governor of Hongkong, and take
his final
decision thereon. -
.~.i,prvnnt to
.toner into -
rctngnizance
'bernre certificate
Sim 1w granted.
Proviso for
peranps
proc©nted from
nlyxarinn b~.
illness.
Certificate to I e
IuUetc.i with
~aiotatt.i
ha
win pz,nr a
Jj. And be it further enacted, that every person applying for a license
shall, before;
the Chief Magistrate of Police deliver to him or her a certificate as
aforesaid, to
authorize the issue of such license, enter into a recognizance in the
form, and with the
conditions, contained in the schedule hereunto annexed, marked C., with
two sureties
in tile sunl of three hundred dollars catch, and all such recognizances
with their con-
ditions, shall be regularly recorded.
6. And be it further enacted, that in case any person, desirous of
obtaining such
certificate for a license, shall be hindered by sickness or infirmity, or
by any other
reasonable cause, from attending in person on any such licensing day,
such cause of
absence being proved to the satisfaction of the sati<1 Cliief Magistrate
of Police, it shall
be lawful for the said Chief Magistrate, to certify in favour of such
person, neon three
sufficient sureties to be approved as aforesaid catering into such
recognizance, each in
the sum of three hundred dollars, for performance of the conditions of
the sail recog-
111Za11(.e.
7. And he it further enacted, that every certificate which stall be
granted by the
said Chief Magistrate, to authorize the issuing of a license as
aforesaid,~shall after the
passing of this Ordinance, be null and roil, unless the same, and the sum
required to
be paid for such license, be lodged in the offlce'of tile Colonial
Treasurer, of in such
ORDINANCE No. 11 or 1814.
Licensing Public flouscs, 4-c.
other office its may hereafter be appointed by the said Governor for that
purpose, within
fourteen days aft ar the date of such certificate, and the said Colonial
Treasurer, or other
officer who may hereafter be appoiixted for that purpose, shall and lie
is hereby author.
ized and required forthwith, after Ne receipt of every such certificate,
to issue a license
in the form contained in the schedule hereunto annexed, marked D., and
shall register
the same in his office, upon payment being made to the said Colonial
Treasurer or other
officer of the sufn of fifty dollars [S100 as amended by Ordinance No. 4
of 1845 ] for
every such license. [Amended by Ordinances No. 7 of 1858 and No. 10 cf
1808.)
8. And be 4 further enacted, that . it shall, and may be lawful to, and
for the
Governor of the said Colony, to allow, and authorize the said Colonial
Treasure, sr'
other officer as aforesaid, to issue a license, or licenses, to any
person, duly qualified,
who shall have ol)tained the required certificate, from the said Chief
Magistrate, herein-
before directed for any house within the said Colony, which shall not be
nearer than
two miles to the 'Government House at Victoria, upon the payment of such
sum, not
exceeding fifty dollars, as taking into consideration the situation of
the house, shall
seem just and reasonable. [Amended by Ordinance No. y of 1858.]
$. And be it enacted, that it shall be lawful for tine said Chief
Magistrate, at such cllie0lllglstraatr-
to transfer . .
days hereinbefore mentioned, to transfer the license of any house,
licensed as aforesaid, IIvetlyeH.
to the appointee of the original holder of such license, such appointee
giving, the like
notice, producing the like certificates, and entering into the same
recognimnces as the
original party obtaining the same, is, by this Ordinance, bound to give,
produce,and
enter into.
i
10. And be it further enacted, that the executor or administrator, or the
trustees
I
in case of the insolvency of any person holding a license under this
Ordinance, shall
be entitled to carry on the business of the house so licensed as
aforesaid, without
renewing the said license, during six months, (if the license shall have
so long to
run,) after the decease or legally declared insolvency of the person
holding such license
as aforesaid. Provided always, that the license of such house shall be
subject to the
same regulations, as if it had continued to be holden by the person to
whom the same
was originally granted, and that a new recognizance be entered into by
such executor
administrator, or trustees, according to the provisions of this Ordinance.
11. And be it further enacted, that in case any person having duly
obtained a
license as aforc
stated; or from
expressed in sac
to the said Chie
after such perso
authorizing-the
dollars, to the s
anew license, zv for.which die or
,'177e GovcrWre
may order
,, licenses, for
Louses, ]lot'
nearer tlmu Iho
ndlea to the
fovea of Victoria.
A:xeontors or
kruaYCC3 ma v
hold licen'r~fi.r n
rervlllt tine.
a
i
t, shall either from necessity, by accident to the house in such license
a Dy other cause, lie desirous to remove his business from the house
license to any other house, then upon memorial from sncli person,
f Magistrate, it shall and may be lawful for the said Chief Magistrate,
shall have entered into a new recognizance, to grant a certificate,
olonal Treasurer for the said Colon, on payment of the suln of five
d Treasurer; and lodgment with lim,~of the original license, .to grant
kin forty-eight hours after application, for the residue of the .term
i final license-had been granted, and for such house as shall be
authorized
Persons IeAirovia
ol'rc:novinx
Ilrenaea to lrtllcr
premises to
nomorLel the
justices.
ORDINANCE, \ o.-11 of 1844.
Chlef Magistrate
to transmit lists
of the certificates
granted by him
to the Colnntal
Treasurer.
1,111,11calls to have
their unmnx ir.
pninted 9n their
prcmisee.
Unlicensed
persons, keeping -
op n ~afgn, &i. to
be fined.-
L°icensiiig.1',izlrlic houses, L~c.
and described in such new certificate. Provided, that in such new
license, the said
original license stall be briefly recited, and that the same had been as
it is hereby
required, to be cancelled, on the issuing of such neW licence; and
provided also, that
nothing herein contained shall be deemed, or construd't1, to admit or
sanction the person,
to whom the said original license was granted, to retail any of the
liquors aforesaid
elsewhere, than in the house or place.expressed-in such new license.
12. And be it further enacted, that the said Chief Magistrate shall
transmit to the.
Colonial Treasurer for the time being, within ten days after the granting
of such
certificates as aforesaid, a list signed by him the said Chief Magistrate
of all the persons
to 'whom lie shall have so granted certificates, specifying the situation
and sign or nan.le
of each house, and if not in Victoria its distance therefrom, the namo of
the owner or
proprietor, whether before licensed or not, and also the names and
residences, of the
sureties.
13. And be it further enacted, that every person, who shall be licensed
to beep a
public house shall, and is hereby required, to have his or her name at
length painted
in legible letters at least three inches long, with the words 'Licensed
to Retail Wines
and Spirituous Liquors,' constantly and permanently remaining, and
plainly to be seen
and read, on some conspicuous pare of his or her house, and the said
house shall also
be provided with a proper plane of accommodation for the use of the
customers thereof,
in order to prevent nuisances or offences to decency.
14. And be it further enacted, that i£ any person, not actually holding a
license,
shall beep up any sign, writing, painting, or other mark, on or near to
his house, which
may imply, or give reasonable cause to believe, that such house or
premises, is or are
licensed for the retail or barter of such liquors as aforesaid, or that
such liquors are
sold, served, or retailed therein, or shall offend against the provisions
of the last section,.
be shall for overt' such offence forfeit and pay a sum, not exceeding one
hundred
dollars, to be recovered
Penalties, and
disabilities for
Iieenseii penvous
offending.
in a summary manner.
15. And be it further enacted, that if any licensed person shall offend
against the
tenor of his or her license, or shall in any respect commit a breach of
any condition of
the recognizance by him, or Let entered into, be or she shall forfeit and
pay, or become
liable to the several penalties, or disabilities, to be recovered in a
summary manner,
hereinafter mentioned: that is to say, for tee first offence, a sum of
not more than
one hundred dollars, with costs, and fox the second offence, a sum of not
more than two
hundred dollars, with costs, and for the third, or any subsequent
offence, it shall be
lawful for any one Justice, upon complaint, or information of such third
or subsequent,
offence, to issue a summons requiring the person so complained of, or
informed against
to appear at the next Court of general sessions of Magistrates, to be
holden in the said
Colony, and there to answer to the matter of such complaint, or
information, and any,
other person or persons, to appear at such sessions, and give evidence
against such
ORDINANCE No. 11 of 1844.
Licensing Patblic -Houses, A-c.
licensed person, and the Justices of the Peace at such sessions, shall
inquire in a ,
summary manner into the offence charged in the said complaint, or
information, and if
they find that such licensed person hath committed the offence, against
the tenor of his
or her license or recognizance in^the said complaint or information
specified, and that
such licensed person hath been twice or oftener previously convicted of
offences against
the tenor of his or her license, or recognizance, it shall be lawful for
the said Justices,
at such sessions to adjudge such licensed person, guilty of such third,
or subsequent
offence, which adjudication shall be final, and thereupon the said
Justices shall have
authority to punish the party so convicted by a fine, or penalty, of not
less than fifty
dollars, nor more than five hundred dollars, or (at the discretion of the
said Justices, '
by declaring his, or her recognizance, to be forfeited, and also (at
their discretion,) ms,
or her license to be void, and such recognizance, shall be forfeited, and
such license
from thenceforth to be void accordingly, and the said person, whose
license shall be
declared void, shall from thenceforth be incapable of receiving, or
holding any license
under this Ordinance, for the space of three years, to be computed from
the date of
such adjudication.
16. Provided always, and be it further enacted, that no recognizance
sball be
declared forfeited, unless upon such adjudication by the said Court of
general sessions
upon such third or subsequent conviction, and in every proceeding under
this Ordinance,
against a person as a licensed publican, the production of his or her
recognizance, shall
be evidence, of his or her being such licensed publican, and if such
licensed person so
complained of, or informed against, for such third or subsequent offence
shall not appear
at such next general sessions, pursuant to the summons, it shall be
lawful for the Justices
in such sessions assembled, on proof of the service of such summons, to
inquire into and
determine the matter of the said complaint or information, and in all
respects to proceed
against any person so summoned and not appearing, in the same manner as
if he or she
had appeared.
1'7. And be it further enacted, that no licensed person, shall maintain
any action
for, or recover any debt, or demand, on account of spirituous liquors,
unless such debt
shall bond ,fide have been contracted at one time to the amount of five
dollars, or upwards,
nor shall any item in any account for spirituous liquors be allowed where
the liquors
bond, fide delivered at one time, shall not amount to the full sum of
five dollars, nor
any amount of debt whatsoever, incurred by any seaman or soldier in Her
Majesty's
service for spirituous liquors. Provided always that nothing herein
contained shall
extend to prevent inn-keepers from keeping an account with lodgers and
travellers in
which any charge for spirits may be included, and recovering the amount
thereof; in a
Court of Justice.
'- 18. And be it further enacted, that if the keeper or occupier of any
public house rullliealls Shall
sell liquors for
licensed as_aforesaid, shall take or receive from any person whomsoever
in payment, or 11=eney-enl-
in pledge for liquor, or for any entertainment whatsoever, supplied in or
out of his or
her house or premises, guy article of clothinj, or slops, or any tool or
other article, or
I:CCn1;Ili7.;I11CCV
not. to 110
forfeited mitil
the third nnntic-
tilrn and to he
cviQcltce of !ing
IieenseV.
Publicans infor-
,1,0n against
nut, appearing.
Debts for spirits
not recoverable
nnles oontraetod
for n,. one LitriC.
vat re pre, end
inn-I;cepers
In,vintrconnts
n
with lollt;era.
ORDINANXE N'0.. 11 OF
'flquarsin qnnh
titiex'aF,uvP bunt'
.r,l)I11G TO by 'Old
,--ACC,)niffig,to tile
wntnmlard-
?trunscPC'N podw
.in lieen~ed lean9Pv
not liable for rent
~ot' uhs;otdter
c;aitn a!rninrt
$llPlt houses.
4iliifeR, al'..
:`colt9Tnbles
-autbnrued
may enter public
bt77t.eN at ..n
Licensing Aiblir. Houses, ~yc.
thing excepting metallic money, then such occupier or possessor of a
public house, so
offendiulr shall upon conviction forfeit and pay, % sum. not exceeding
one hundred dollars,
independently of any such fine or punishment as mpp attach to so doing
under any
statute or ordinance now or hereafter to be ill force wiedlin the said
Colony.
19. And be it further enacted, that every keeper of a licensed house
shall sell,
or otherwise dispose of all liquors by retail. (except in quantities less
than a half pint.,)
by the gallon, quart, pint, or half pint, of full imperial measure,
according to tile standard
which is bylaw established in England, and shall also if required by any
guest; or
,customer purchasing such liquor, retail the same in a vessel sized
according to such
atrLlidard, and in default thereof he shall for every such offence
forfeit tile illegal measure,
and pap a gum not exceeding fifty dollars, in a summary way.
20. And be it further declared and enacted, that every house licensed as
herein
provided, shall be considered as a common inn, and no goods, or chattels
whatsoever,
bond fide the property of any stranger, or strangers, and being in such
licensed house,
or the appurtenances thereof, or any place used and occupied therewith,
in the ordinary
course o£ resort at such licensed house, shall be subject to he
distrained, or seized, for
or in respect of any claim of rent far such licensed house or
appurtenances, or in respect
of any oilier claim soever against the said house, or appurtenances, or
the owner thereof,
and if any such goods or chattlea shall be diatrained, or seized for
rent, or in any other'
mat lner contrary to the provisions of this Ordinance, it shall be lawful
for any Magistrate
of Police, of any two Justices of the Peace, to inquire into any
complaint made in
respect of such distress, or seizure in a summary manner, and to order
such goods and
chattels to be restored to the owner or proprietor thereof, and further
to award such
reasonable coats, ass shall be incurred, by such summary proceeding, and
such costs to
levy by distress and sale of the goods or effects of the person, or
persons, distraining, or
seizing such goods or chattels as aforesaid.
21. And be it further enacted, that it shall be lawful for any Justice:of
the Peace,
or any constable generally authorizes by a Justice of the Peace in that
behalf, to demand
entrance into any licensed public house, or the appurtenances thereof at
any time, by
day, or night, and if admittance be delayed for such a time, as shall
make it appear to
any such Justice or Justices, that wilful delay was intended, it shall be
lawful for such
Justice or Justices to summon the person so offending before the next
Court, of general
sessions, far the district, and upon conviction before such Court of
general -sessions,
tile license o£ the party so offending shall be forfeited, any tbina
herein-before contained
to the contrary notwithstanding: and no license shall again be granted
for the space of.
three pears from the date of such conviction, to any person wt~o shall be
so convicted.
of refusing or wilfully delaying admittance. Provided always; that if
such ad-mittanee
be refused or wilfully delayed, it shall be lawful for such Justice, or
constable to break
intcl such .public house, with his assistants to serve process,,or for
any other lawful
purpose.
ORDINANCE loo. 11 or, 1844.
Licensing Public Houses, 4-c.
22. And be it further enacted,, that if any licensed person shall abandon
the
<)ccupation of his or her licensed house, as his or her usual place of
residence, and
permit any person whatsoever, to manage, superintend, or conduct the
business, of such
house, or shall whether residing'inthesaidhonse,ornot, permit any
unlicensed person
to become virtually, or in effect the keeper thereof, then, or in either
of the said cases,
upon proof of the fact, to the satisfaction of any two or more Justices
of the Peace, the
license of such house, for the current year, shall become and be
absolutely void,
any thin; hereinbefore contained to the contrary notwithstanding.
23. And be it further enacted, that if any licensed person shall employ
any^
unlicensed person to sell, or dispose of by retail as aforesaid, any such
liqtWrs ars
aforesaid in any house, or in any cart di-ay or other carriage, or in any
vessel or Loat,
or in any place whatever out of (be licensed house of such licensed
person, or if any
licensed person shall sell barter or lend to any unlicensed person any
such liquors as
aforesaid, with the knowledge or upon the understanding that such liquors
tire to be
sold retailed or bartered by such unlicensed person, contrary to the true
intent anti
meaning of this Ordinance, every such licensed person shall, upon
conviction thereof
in a summary manner, forfeit and pay for every such offence, a stun not
execetling two
hundred dollars.
24. And be it further enacted, that no ale, beer, wine, cider, ginger
beer, spruce N,,'li(ltlnr,w 1i('
retailed where a
beer, brandy, rum, or any other fermented, or spirituous liquors, shall
be sold or tet~a/ Ytultli4
l;e,~t.
'disposed of by retail, in ally quantity less than two gallons, in any
house or place, in or
on which a retail shop for the sale of other articles is kept, anti if
any person shall sell
or dispose of by retail any such liquors as aforesaid in such house or
shop, or shall
supply or deliver any such liquors to any person coming to such house or
shop, under
the pretence of such last mentioned person being a customer, or under any
other
pretence whatsoever, every such person so offending shall upon conviction
thereof
in a summary planner be subject to the same penalty as if he or she had
been convicted
of selling any such liquors its aforesaid by retail without a license,
contrary to the
provisions of this Ordinance.
25. And be it further enacted, that if any unlicensed person slla11 sell;
or deliver
any such liquors in a quantity exceeding two gallons, with an
understanding that part
thereof shall be returned, so that after such part shall have been
returned, the quantity
actually sold, or delivered shall be under two gallons, then and each of
such cases such
retail shopkeeper, dealer, or person, shall upon being convicted of any
such offence, be
subject to the same penalty as if he or she had been convicted of selling
any such liquors
2s aforesaid by retail without a license, contrary to the provisions of
this Ordinance.
[Five new sections added by Ordinance No. 7 of 1858 and following
sections remonbered
-acs in brackets.]
26. (31.) And be it further enacted, that it shall and may be lawful for
any Justice
of the Peace, constable or other peace officer, to seize and tahe away,
or to destroy, or
cause to be seized taken away, or destroyed, all such spirituous or other
liquors as
.aforesaid, as shall be hawked about, or exposed to sale, in any street
road foot-path or
re,ullries Put'
lllllilil'a113
abandoning flee
uccupnciun ur
111u1n;1gCI17Pllt f,/'
their 11011ses.
Or employing
tntlicenscol lie rsult
to retail Liquors
(lit t of their
lletl,e, nr ai,_
1,(,sitlg (,f
them fol, that
llttrial,e.
ray .anl llg
two g;lu..n.. t
liquors with am
tln(lorstandiuu
that part 11,111 he
ruturncQ.
hP.11111r\-
l,iqtturs t ovl:e(I
aLuttttu LeseinecF
and onulmunell.
lfi i Dr ruspCCtcd
tl,ut li,inorw it re
rQtuiled if) unnuutiCUnae,l lumaC
tl,uv may be
aui2utl, uttq it
itt'cer ,Ymnlnu t.1uu
it 811101 40 appent,
Lbec nIW II Im
Ynritited.
ORDINANCE \o. 11 Or 18=14.
Licensing Public llozcses, 4r.
ally other place whatever, or in any booth tent :tall or shed, or in any
boat or vessel
by any person not licensed to sell the same in such place, and the
vessels containin,r-
the same, anti all vessels and utensils used for drinn fng or measuring
the same, and
any cart dray or other carriage, and any horse, or horses, or other
animal or animals,,
employed in drawing, or carrying, the same, its well as anv boat, or
vessel used in the
conveyance of such liquors as aforesaid: and it shall be lawful for any
one, or more,
Justice or Justices of the Peace an his or then own-view, or on
confession of the party,
or by proof of such offence by the aath' of one, or more credible
witness, or witnesses,
to convict any person so offending, of selling spirits without a license,
and to adjudge
llipl Iaer or them, liable to all the penalties imposed by this
Ordinance, for such offence-.
anti to cause such liquors vessels and utensils containing the same, and
guy cart dray
or oilier carriage, horse, or horses, or other animal, or animalx, and
any boat., or vessel
usecl.iu conveying the same to he sold: and the proceeds thereof after
deducting the
expenses of sale, shall be paid ogle moiety, to the use of the Queen, and
the other-
luoiety, to the person, or persons who relay in any such case first
seize, inform, or pro-
secute.
2'7, (32.) And be it further enacted, that upon information on oath being
made
beforo any Justice of the Peace, by any constable, or credible person,
that he or she.
dath verily suspect and believe drat any such liquor, or liquors as
aforesaid, is or are,
or have been sold, or retailed, in any particular unlicensed house, or
other unlicensed
place, and such other constable, or other persons shall in such
information set forth
and show reasonable grounds for such belief and suspicion, then and in
such case it
shall be lawful for such Justice, in his discretion, to brunt his
warrant, to any constable
to enter, and Search ally such house, or other place by day, and such
constable maw
lilvali, open the doors, if not opened within a reasonable time after
demand, and seize
all such fermented, and spirituous liquors as aforesaid, as he stall then
and there
find, anti the vessel, or vessels in which such liquors shall be
contained and shall and
luay detain the same until the owner thereof shall appear before any
Magistrate of
Police, or before two, or more Justices of the Peace, to claim such
liquors, and shall
satisfy tho said Magistrate, or Justices, how, and for what purpose-be
became possessed
of the same, anti if it shall appear to the said Magistrate, or Justices,
after due inquiry
arid examination, that such liquor's were in the said house, or other
place, for the
purpose of being illegally sold, or disposed of by retail, then such
Ma~gistrate,or'
Justices shall adjudge the said liquors, and vessel or vessels to be
condemned, and
forfeited, anti the same shall, and relay be sold, and the proceeds
thereof after payment
of such costs as may be assessed, and awarded lay such Justices, shall be
applied, and
distributed in equal moieties to the use of Her Majesty, and to or
amongst the party
or parties so informing, but if otherwise, then S'tlch liquors, and
vessel, or vessels, shall
be forthwith restored to the proper owner.
it'hut,laCnrC,t 28, (JJ.) And 11 Order t0 remove any doubts which may
-al'1S0 as to what Inlay COn-
CcidCnco of
ret,dliu;: mitVotttl StIttItC, or establish a selling, or disposing 1)y
retail of liquors contrary t0 the true intent
li,CUSe. -
and meaning of this Ordinance: Be it further enacted, that. the delivery
of any such.
ORDINANCE No. 11 of 1844.
Licensing Public Houses, 4c.
spirituous, or other liquors as aforesaid in any quantity less than two
gallons * shall (-amended by 7 of
be deemed and taken to be good and sufficient primid facie evidence of
money, or other is s.i o
'
consideration being given for the came, so as to support a conviction for
retailing
liquors contrary, to this Ordinance, unless proof shall be made to the
contrary to the
satisfaction of the Magistrate, Justice or Justices, hearing the case.
29. (34.) And beitfurther enacted, that in all proceedings whatsoever,
against any in proceedings
person for retailing, or permitting or suffering to be retailed, any such
liquors without
a license, such person, shall for all purposes connected with those
proceedings be
deemed, and taken to be unlicensed, unless he or she shall at the bearing
of the case,
produce his, or her license before, and exhibit the same to the sitting
Justices, or eh&ll-
then and there produce other satisfactory proof of his, or her being a
licensed person.
And every licensed person as aforesaid, shall on demand at his, or her
licensed house,
produce his, or her license to any Justice of the Peace, or any constable
authorized by
any Justice, by any writing under his hand in that behalf: and if any
such licensed
person shall refuse, or neglect so to produce his, or her license, he or
she shall forfeit,
and pay for every such refusal, or neglect, a sum, not exceeding fifty
dollars, to be
recovered in a summary manner.
30. (35.) And be it further enacted, that if any person be convicted of
keeping a
disorderly house, or of unlawfully retailing any such liquors as
aforesaid, the house and
premises of such person, and the house, lodging, shop, or warehouse,
where such
offence shall have been committed, and any court or yard connected
therewith; shall
be liable to be searched, at any time of the day, or night, by any
constable, or consta-
bles, or other peace officer or officers, with, or without warrant, for
six months next
after such conviction. Provided that the same or any part thereof, shall
be occupied
by the party, or parties, so convicted, and all such liquors'as
aforesaid, as at any time
within the said six months, shall be found in any such house, lodging,
shop, court yard,
or premises shall, and may be seized, and forthwith removed, and disposed
of, in the
manner hereinbefore directed for the disposal of such liquors, seized in
an unlicensed
house.
31. (36.) And be it further enacted, that whenever any Justice of the
Peace, or
any chief, or other constable shall find any. person, drinking in any
house, shop, store-
house, or other building, or any booth, shed, or hut, tent, stall, or
place in which, or
where, any ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum,
or other fer-
mented, or spirituous liquors, shall be sold, or disposed of by retail,
and the license
for such sale shall not on demand be produced to such Justice or
constable, it shall and
may be lawful for such Justice of the Peace, or constable, to apprehend
all such
persons go found drinking there: and every such person so found drinking,
shall, upon
the view of such Justice, or upon conviction before any Justice of the
Peace, forfeit
and pay for every such offence, a sum not exceeding twenty dollars, to be
recovered in
a summary manner, unless such person shall inform against such unlicensed
person, or
voluntarily become a witness against him, or her, in respect of such act
of selling; and
retailing,
the proof of being
licensed to He
with the party
charged.
Publicans to
produce their
licenses to
Justices oft
demand.
Disorderly
houses may be
tearahed fur six
mouths after
conviction.
Persons drinking
in unlicensed
houses to be
apprehended.
Recovery of fines
add-penalties.
As to licensesnot
oonpieted or.
,for.
commencement
of tb)s Ordinance.
ORDINANCE No. 11 of 1844.
Lieensing=Public Houses; yc.
32. (37.) And be it further enacted, that any master or other person
employing
journeymen, workmen, servants, or, labourers, who shall pay or cause any
payment to
be made to any such journeyman, workman, or labq,urer in or at any, house
in which
any of the liquors as aforesaid shall be sold by retail, shall forfeit
and pay for every
such offence, a sum not exceeding fifty dollars, to be recovered in a
summary manner.
And be it enacted, that fines, and penalties herein mentioned shall
(except where it is
otherwise specially provided) be recovered before any Magistrate of
Police sitting singly, or
any two, or more Justices of the Peace, in the manner provided by
Ordinance No. 10 of 1844,
entitled c° An Ordinance to regulate sum' proceedings before Tustices of
the Peace, and
~,'°to protect J'natice8 in the execution of their duty.' Repealed by
Ordinance No. T of 1858.]
33 . And lie it further enacted, that until the said first day of July,
every license
hitherto issued in Hongkong shall be, deemed and taken to have issued,
and.shall have
the same force and effect, as any such license issued under this
Ordinance, and all and
every person, place, matter, or thing, shall in respect of, or in
relation to every such
license, be subject and liable to such and the like laws, rules,
regulations, provisoes,
conditions, powers, jurisdictions, fines, forfeitures, penalties, and
proceedings, as herein.
before provided, with respect to licensos issued, and all other things
directed in respect
thereof, and by virtue of this present Ordinance. [Repealed by Ordinance
No. 7 of 1858.]
[New Sections 38 to 40 added by Ordinance No. T o, f 1858. The whole
Ordivzance
except sections 38 y 39 repealed by 0rdiriance No. 21 of 1886: Sections
88 ~- '89
repealed by -Ordinance No: 21 of 1887.]
SCHEDULES
TO WHICH THIS ORDINANCE REFERS.
Fornc of application. for a License to keep an hart or Public house with
certificate of character.
TO THE HONOURABLE TAE CHIEF MAGISTRATE OF POLICE OP' $ONGH:ONG:
i A. B. (state the trade or occVation) now residing at in the
Colony o£ Hongkong do hereby give notice that it is my intention to apply
at the next licensing. meet-
ing to
for a license to
sell, and retail ale, beer, and other malt Iiquoi5, or, wine, cider,
ginger beer, spruce beer, .brandy, rum,
or other fermented, or spirituous liquors, in the house, and
appurtenances thereuntto_ belonging, situated
at (bore describe the house proposed to be licensed, specifying the
situation of it; the person, of mhoin
rented, the present occupier, and if so under
what sign) and which I intend to
keep as an inn or public house. I ani (married, m .unmarried as the case
may be:), and I have held ~a
license (if before licenseel state how many years)
I further give notice that T propose C. D. of
and E. F. of
into the required recognizance. -
Given under my hand this -
the undersigned Uouseholclers residin g within -the town of
as my sureties £o enter with me
day of
18I ,. We
do hereby certify that the above A. B. of
fame and reputation and fit and proper to be licensed to keep an inn or
public house.
Witness our hands, this day of
1.
ORDINANCE Nn. 11 of 1844..
Licensing Public Houses, (
'Pc.
HONGKONG.
is a person of goon
born of CNtiJieate by the Chief Magistrate to aaeth.rrr%xe the granting
of a Liaonxe.
At the licensing meeting (or an adjou>tment of the Liaenaing ineeting
or yraatmes) holden at
on the day of
in the year one thousand eight hundred and forty
for the purpose of considering applications made to me for licenses to
keep public lioness, in pursuance
of an ordinance of the Governor and Council intituled 'An Act for
licensing Public Houses, and regu.
lating the retail of fermented, and spirituous liquors, in Hongkong' 1
do hereby authorize the Colonial Treasurer to issue a license to A. B, of
to keep an inn, or public house at the sign of
situated in for the year commencing on the day of
and I do hereby certify that I am satisfied the said A. B, is a person of
good
fame, and reputation, and is fit and proper to keep any inn or public
house and also that 1 have taken
from the said A. B. and his sureties C. D. of
recognizance in the sum of
prescribed by the said ordinance of the Governor and Council.
Given under my hand and seal on the day of and at
and E. F. of a
each according to the form
the place first above written.
Hongkong.t
to wit
11rrna. of a Recognizance.
Be it remembered, that on the day of 184 A. B. of C, D. of and E, h. of came
personally before me
Chief Magistrate of Police in the Colony of Hongkong and acknowledged
themselves to owe to Our
Lady the Queen, to wit the said A. &. the sum of
of , : . '' and the said E. F. the sung of
the said C. D, the sum
of lawful
current dollars of Hongkong to be respectively levied of their several
goods and chattels, lands and
tenements, to the use of our said Lady the Queen Her Heirs and
Successors: in case default shall be
made in the performance of any of the conditions hereunder written
The conditions of this recognizance are such, that whereas the said A. B.
is to be licensed to keep
a common-inn, ale-house, or victualling-house, and to sell ale, beer, and
other malt liquors, and wine,
ORDINANCE No. 11 u 1844.
Licensing Public -Houses, 8c.
cider, ginger beer, spruce beer, brandy, rum, and other fermented and
spirituous liquors, in the house,'
wherein he (m she) now dwells (or is about to dwell) being the sign
of situated at
in for twelve months, commencing on the day of
one thousand eight hundred and forty- if the said A. B. do keep the
law in selling ale, beer, and other such liquore'as aforesaid in his (or
her) said house or appurtenances
thereunto belonging: and'do not permit any person to become drunk, or
supply, or permit such liquor
as aforesaid to be supplied or given to any person in a state of
intoxication, or permit such person (not
being an inmate thereof) to r4main in his (or her) house or premises and
do not permit any person to
play at cards dice or any other game of chance in his (or her) house or
premises or to commit any
disorder therein or to remain in or upon the same tippling of drinking
after the hour of
at night or on Sunday at any hour, always excepting moderate refreshment
to persons who may be
,bong fide travelling or who may be inmates of the house; nor suffer any
disorder to be committed in
~hfs ('or her) house or premises; nor refuse to admit a Magistrate, or
constable into any part of the
said house or premises at any hour and do maintain good order and rule
therein, then the said
recognizance to be void, otherwise to remain in full force.
Taken and acknowledged the day and year above written before me.
Hongkong
i
Forne of License,
Whereas A. B. of
Chief Magistrate of Police
eight hundred and forty-
or public pause at the sign of
hatli deposited in this office a, certificate from the
dated the day of
in the year of our Lord one thousand
authorizing a license to be issued to the said A. B. to keep an inn,
situated at and
stating that the said Chief Magistrate of Police has taken from the said
A. B. and two sureties a recog-
nizance in the sum of
paid into my office the sum of
each as required by law, and whereas the said A. B. liath
as the duty on such license now I the Colonial
Treasurer of the Colony of Hongkong in virtue of the powers vested in me
by Ordinance No. 11 of 1844
of the Governor and Council do hereby license authorize and empower the
said A. B, to keep a common
inn, ale-horse, or victualling-house, and to sell and retail in the house
in which he (m she) now
dwelleth (or is about to dwell) being the sign of situated at
and in the appurtenances thereunto belonging but not elsewhere all beer,
and
other malt liquors, or wine, cider, ginger beer, spruce beer, brandy,
rum, or other fermented, or
spirituous liquors, and this license shall continue in force from the
said day of
until the day of next ensuing both
days .inclusive and no longer, and also provided it be not forfeited in
the meantime according to the
provisions of the aforesaid ordinance of the Governor and Council.
Given under my hand and seal at Victoria this day of
pre thousand eight hundred and forty.
Registered P. Q.
N. 0. L. S.
Colonial Treasicrer.
Title. [See Ordcs. No. 4 of 1833 and No. 10 of 1868.]
Preamble.
Not to extend to apothecaries.
Licenses to be valid for one year.
Forms to be observed by persons applying for licenses.
Chife Magistrate of Police to grant certificates.
Applicant to enter into recognizance before certificate shall be granted.
Proviso for persons prevented from appearing by illness.
Certificate to be lodged with Colonial Treasurer who will grant a license.
The Governor may order licenses, for houses, not nearer than two miles to the town of Victoria.
Chief Magistrate to transfer licenses.
Extecutors or trustees may hold licence for a certain time.
Persons desirous of removing licenses to other premises to memorial the Justices.
Chief Magistrate to transmit lists of the certificates granted by him to the Colonial Treasurer.
Publicants to have their names &c. painted on their premises.
Unlicensed persons, keeping up a sign, &c. to be fined.
Penalties, and disabilities for licensed persons offending.
Recognizances not to be forfeited until the third conviction and to be evidence of being licensed. Publicans informed against not appearing.
Debts for spirits not recoverable unless contracted for at one time.
Not to prevent inn-keepers having accounts with lodgers.
Publicans shall sell liquors for money only.
Liquors in quantities above half a pint to be sold according to the standard measure.
Stranger's goods in licensed houses not liable for rent or any other claim against such houses.
Justices, or constables authorized may enter public houses at all times.
Penalties for publicants abandoning the occupation or management of their houses.
Or employing unlicensed person to retail liquors out of their houses or disposing of them for that purpose.
No liquors to be retailed where a retail shop is kept.
Persons selling two gallons of liquors with an understanding that part shall be returned.
Penalty.
Liquors hawked about to be seized and condemned If it be suspected that liquors are retailed in any unlicensed house they may be seized, and if after examination it shall so appear they shall be forfeited.
What deemed evidence of retailing without license.
[* Amended by Ord. No. 7 of 1858.]
In proceedings the proof of being licensed to lie with the party charged.
Publicans to produce their licenses to Justices on demand.
Disorderly houses may be searched for six months after conviction.
Persons drinking in unlicensed houses to be apprehended.
Payment of wages where liquors are sold.
Recovery of fines and penalties.
As to locenses not completed or issued before commencement of this Ordinance.
Abstract
Title. [See Ordcs. No. 4 of 1833 and No. 10 of 1868.]
Preamble.
Not to extend to apothecaries.
Licenses to be valid for one year.
Forms to be observed by persons applying for licenses.
Chife Magistrate of Police to grant certificates.
Applicant to enter into recognizance before certificate shall be granted.
Proviso for persons prevented from appearing by illness.
Certificate to be lodged with Colonial Treasurer who will grant a license.
The Governor may order licenses, for houses, not nearer than two miles to the town of Victoria.
Chief Magistrate to transfer licenses.
Extecutors or trustees may hold licence for a certain time.
Persons desirous of removing licenses to other premises to memorial the Justices.
Chief Magistrate to transmit lists of the certificates granted by him to the Colonial Treasurer.
Publicants to have their names &c. painted on their premises.
Unlicensed persons, keeping up a sign, &c. to be fined.
Penalties, and disabilities for licensed persons offending.
Recognizances not to be forfeited until the third conviction and to be evidence of being licensed. Publicans informed against not appearing.
Debts for spirits not recoverable unless contracted for at one time.
Not to prevent inn-keepers having accounts with lodgers.
Publicans shall sell liquors for money only.
Liquors in quantities above half a pint to be sold according to the standard measure.
Stranger's goods in licensed houses not liable for rent or any other claim against such houses.
Justices, or constables authorized may enter public houses at all times.
Penalties for publicants abandoning the occupation or management of their houses.
Or employing unlicensed person to retail liquors out of their houses or disposing of them for that purpose.
No liquors to be retailed where a retail shop is kept.
Persons selling two gallons of liquors with an understanding that part shall be returned.
Penalty.
Liquors hawked about to be seized and condemned If it be suspected that liquors are retailed in any unlicensed house they may be seized, and if after examination it shall so appear they shall be forfeited.
What deemed evidence of retailing without license.
[* Amended by Ord. No. 7 of 1858.]
In proceedings the proof of being licensed to lie with the party charged.
Publicans to produce their licenses to Justices on demand.
Disorderly houses may be searched for six months after conviction.
Persons drinking in unlicensed houses to be apprehended.
Payment of wages where liquors are sold.
Recovery of fines and penalties.
As to locenses not completed or issued before commencement of this Ordinance.
Preamble.
Not to extend to apothecaries.
Licenses to be valid for one year.
Forms to be observed by persons applying for licenses.
Chife Magistrate of Police to grant certificates.
Applicant to enter into recognizance before certificate shall be granted.
Proviso for persons prevented from appearing by illness.
Certificate to be lodged with Colonial Treasurer who will grant a license.
The Governor may order licenses, for houses, not nearer than two miles to the town of Victoria.
Chief Magistrate to transfer licenses.
Extecutors or trustees may hold licence for a certain time.
Persons desirous of removing licenses to other premises to memorial the Justices.
Chief Magistrate to transmit lists of the certificates granted by him to the Colonial Treasurer.
Publicants to have their names &c. painted on their premises.
Unlicensed persons, keeping up a sign, &c. to be fined.
Penalties, and disabilities for licensed persons offending.
Recognizances not to be forfeited until the third conviction and to be evidence of being licensed. Publicans informed against not appearing.
Debts for spirits not recoverable unless contracted for at one time.
Not to prevent inn-keepers having accounts with lodgers.
Publicans shall sell liquors for money only.
Liquors in quantities above half a pint to be sold according to the standard measure.
Stranger's goods in licensed houses not liable for rent or any other claim against such houses.
Justices, or constables authorized may enter public houses at all times.
Penalties for publicants abandoning the occupation or management of their houses.
Or employing unlicensed person to retail liquors out of their houses or disposing of them for that purpose.
No liquors to be retailed where a retail shop is kept.
Persons selling two gallons of liquors with an understanding that part shall be returned.
Penalty.
Liquors hawked about to be seized and condemned If it be suspected that liquors are retailed in any unlicensed house they may be seized, and if after examination it shall so appear they shall be forfeited.
What deemed evidence of retailing without license.
[* Amended by Ord. No. 7 of 1858.]
In proceedings the proof of being licensed to lie with the party charged.
Publicans to produce their licenses to Justices on demand.
Disorderly houses may be searched for six months after conviction.
Persons drinking in unlicensed houses to be apprehended.
Payment of wages where liquors are sold.
Recovery of fines and penalties.
As to locenses not completed or issued before commencement of this Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/15
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 11 of 1844
Number of Pages
12
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LICENSING PUBLIC HOUSES & c. ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 8, 2025, https://oelawhk.lib.hku.hk/items/show/15.
