POLICE FORCE REGULATION ORDINANCE
Title
POLICE FORCE REGULATION ORDINANCE
Description
ORDINANCE No. 12 of 1844.
Police F'oree Regulation.
No. 12 of 1844.
An Ordinance for the establishment and regulation of a Police Force in
rwc.
the Colony of Hongkoilo.
1st May, 1844.]
'HEREAS it is expedient that provision should be made for establishing an
effective system of police, within the Colony of Hongkong: Be it enacted,
that it shall, and may be lawful for His Excellency the Governor of
Hongkong, to
nominate, and appoint a proper person to be Chief Magistrate of Police,
throughout
the Colony of Hongkong, who shall reside in the town of Victoria, and
aball be
charged, and invested, with the general direction, and superintendence of
the Force
to be established under this Ordinance, and to appoint from time to time,
fit and
proper persons to be respectively marine, and assistant Magistrates, and
Superintendents
of Police, under the said Chief Magistrate, and proper persons to be
clerks in the
office of such Chief Magistrate, and every such marine, and assistant
Magistrates, and
Superintendent of Police, shall on his appointment to such office,
forthwith take before
any two Justices of the Peace at Hongkong, the oaths required to be.
taken by Justices
of the Peace in Hongkong aforesaid, and also the oath hereinafter
contained, and shall
thereupon become and be, without further qualification or appointment,
and continue
so long as they shall bold the said offices, but no longer, Justices of
the Peace for the
Colony of Hongkong.
Preamble.
Governor to alo-
point Cl,tef
marine and
assistant Magis-
trates and Super-
intendent of
Police uc,
Oaths to be
taken.
'I do swear that I will well and truly serve our oath.
' Sovereign Lady the Queen in the office of Chief, or assistant, or
marine Magistrate,
'or Superintendent of Police (as the case may be) 'without favor, or
affection, malice,
'or ill-will, that I will see and cause Her Majesty's peace to be kept,
and preserved
' and that I will prevent, to the best of my power, all offences against
the same,
'and that while I shall continue to hold the said office, I will to the
best of my skill
'and knowledge discharge all the duties thereof faithfully according to
law, so help
' me God.'
And no person appointed under this Ordinance, to be Chief, or assistant,
or marine
Magistrate, or Superintentent of Police, shall be capable of holding the
said office, or
of acting in any way therein, until he shall take and subscribe the above
oath, and the
said oath shall be administered by any two Justices of the Peace at
Hongkong, and
such Justices shall forthwith give to the person taking the same a
certificate thereof
under their hands, such certificate to be forwarded to the Governor of
the said Colony,
or to such person as he shall appoint.
2. And be it enacted, that a sufficient number of fit and able men shall
from time Policemen
to time be appointed by the Governor, as a Police Force for the whole of
the Colony of hapoe'pr~`ert or
constables.
Hongkong, who shall be sworn in by the Chief or assistant Magistrates, to
act as
constables for preserving the peace, and preventing robberies, and other
felonies, and
apprehending offenders against the peace, and the men so sworn in shall
have all such
Police Force Regulation.
ORDINANCE, No. 12 of 184.
powers, authorities, privileges, and advantages, and be liable to all
such duties, and
responsibilities; as any constable duly appointed now has, or hereafter
may have, either
by the common law, or by virtue of any English statgte, or Colonial
ordinance, now, or
hereafter to be in force in the said Colony of Hongkofig, and shall obey
all such lawful
commands, as they may from time to time receive from the said Chief,
marine, or
assistant Magistrate, and Superintendent of Police, or any other inferior
officers, who
may at any time be appointed over them.
Chid Ma giatrate
to. make rules
with approbation
of -the-Governor.
[See Ordinance
~o,8of18fi7.1
conetatife not 0
resign without notice;, and pen-
alty thereon. -
Constable ceas-
ing to be each to
deliver up arms
clothes 6ce.,
penalty in d cinult
thereof.
3. And in order to provide for one uniform system of rules and
regulations,
^throughout the whole establishment of Police in Hongkong: Be it enacted,
that the
,said Chief Magistrate may from time to time, subject to the approbation
of the Governor
for the time being, frame such orders and regulations, as he shall deem
expedient for
the general government of the men, to be appointed members of the Police
Force under
this Ordinance, the places of their residence, the classification, rank,
and particular
service of the several members, their distribution, and inspection, the
description of
arms, accoutrements, and other necessaries to be furnished to them, and
which of them
shall be provided with horses for the performance of their duties, and
all such orders
and regulations relative to the said Police Force, as the said Chief
Magistrate shall, from
time to time, doom expedient for preventing neglect, or abuse, and for
rendering such
Force efficient, in the discharge of all its duties, and the said Chief
Magistrate may at
any time suspend, or dismiss from his employment, any man belonging to
the said
Police Force, whom he shall think remiss, or negligent, in the discharge
of his duty, or
otherwise unfit for the same, and when any man shall be so dismissed, or
cease to
belong to the said Police Force, all powers vested in him as a constable
by virtue of this
Ordinance, shall immediately cease and determine.
4. And be it enacted, that no constable to be appointed under this
Ordinance,
shall be at liberty to resign his office, or withdraw himself from the
duties thereof,
unless expressly authorized so to do in writing, by the Chief Magistrate
of Police, or
unless he shall give to the said Chief Magistrate of Police, two months
notice of his
intention so to resign, or withdraw, and if any such constable shall so
resign, or
withdraw himself without such previous permission or notice, he shall for
such'oerice
forfeit and pay a penalty, not exceeding two hundred dollars, on
conviction thereof in
a summary manner before one Justice o£ the Peace, in manner provided by
Ordinance
No. 10 of 184, intituled 'An Ordinance to regulate summary proceedings
before
'Justices of tile Peace, and for the protection of Justices in the
execution of their
11 Office.' .
5. And be it enacted, that when any constable to be appointed under this
Ordinance, shall be dismissed from, or shall cease to hold, and exercise
his office, all
powers, and authorities vested in him as a constable, shall immediately
cease and
determine, to all intents and purposes whatever: and if any such
constable shall not
within one weep after lie shall be dismissed from, or cease to hold, and
exercise his
office, deliver over all and every the arms, wand ammunition, and
accoutrements, horse,,
ORDINANCE No. 12 oF.1844.
Police Force Regulation.
saddle, bridle, clothing, and other appointments whatsoever, which may
have been
supplied to him for the execution of such office, to such person, and at,
such time and
place as shall be' directed by the said Chief Magistrate, such person
making default
therein shall, upon conviction. fob every such offence in a summary
manner before ~I
Justice of the Peace, be subject and liable to imprisonment in the common
gaol, or house
of correction, for any period not exceeding three months, and to be kept
to hard labour,
as such Justice of the Peace may direct, and it shall be lawful for such
Justice of the
Peace, and he is hereby authorized and required, to commit every such
offender
accordingly, and to issue his warrant to search for, and seize to the use
of Her Majesty,
all and every the arms, ammunition, accoutrements, horses, bridles,
saddles, clothing,,.
and other appointments whatsoever, which shall not be so delivered over
wherever tile
same shall be found. '
And be it enacted, that if any constable to be appointed under this
Ordinance,
shall be guilty of any neglect, or violation of duty in his office, or
shall neglect or refuse
to obey and execute any warrant, lawfully directed to be by him executed
or shall be
guilty of any disobedience to the orders and regulations frame, as
hereinbefore
mentioned, by the said Chief Magistrate, or other misconduct as a
constable, he shall
for every such offence, on conviction thereof before a Justice of the
Peace in a summary
manner, forfeit and pay a penalty not exceeding two hundred dollars, and
the amount of
such penalty shall, and may be deducted, from, and out of ally salary
accruing due to
such offender under this Ordinance, upon a certificate thereof, to be, by
the Justice
before whom he may be convicted, transmitted to the Treasurer of the said
Colony.
'J. And be it enacted, that if any person, not appointed and acting under
this
Ordinance, shall have in his possession any arms, ammunition, or any
article of clothing
accoutrements, or appointments supplied to any person under this
Ordinance, and shall
not be able satisfactorily to account for his, or her possession thereof,
or shall put on,
or assume the dress, name, designation, or description of any person or
persons, or any
class of persons, appointed under this Ordinance, for the purpose of
thereby obtaining
admission into any house, or other place, or of doing, or procuring to be
done, any
other%ct, which such person or persons, so putting on, or assuming such
dress, name,
designation, or description, would not by law be entitled to do, or
procure to be done of
his, or their own authority, every such person so offending shall, in
addition to any
other punishment to which he, or she may be liable for such offence,
forfeit, and pay
for every such offence any sum not exceeding two hundred dollars, to be
recovered in
a summary manner, on conviction before a Justice of the Peace.
$. Arid be it enacted, that it, shall and may be lawful to and for the
said Chief,
marine, or assistant Magistrate, or the Superintendent of Police, or
either or any of
them, or any, other person or persons, to be nominated for the purpose
from time to
time by the, Governor, to examine on oath into the truth of any charges
of complaints,
preferred against any person to be appointed under this Ordinance, of any
neglect or
violation of duty in his office, and to report thereon to the Governor,
and any person
Penalty for
constable remiss
in his duty.
Penalty in per-
son having in his
possession arms ,
belonging to or
assuming of ha -
Police
Force.
oath.
Governor may in-
ntitnte inquiries'. .
into conduct
of policemen on.
Falsa oath
Common report
to be proof of the
right of any per-
son to exercise
? any office under
this Ordinance.
Fines imposed
on policemen to
form & Reward
Fund. .
t*avornor may
k deduct portion of
salary to increase
'Reward Fund.
policeman in
chief command
ut,any station to
ORDINANCE No. 12 of 1844.
Police Force Regulation.
who on such inquiry, or on any other occasion on which an oath may be
administered
under this Ordinance, shall give fare evidence, or take a false oath, and
be thereof
duly convicted, shall be deemed guilty of wilful and corrupt perjury, and
shall be
liable to such pains and penalties, as persons convict^ad of wilful and
corrupt perjury
are or may be subject and liable to.
9. And be it enacted, that if any question arise as to the right of any
Chief,
marine, or assistant Magistrate, or Superintendent of Police, or any
aerjeant, or
other inferior officer, or of any common constable, to hold or execute
any such office
respectively, common reputation shall to all intents and purposes be
deemed, and held
Vo, be sufficient evidence of such right, and it shall not be necessary
to produce ~ any
appointment, or any oath, affidavit, or other document, or matter
whatsoever, in proof
of such right.
10. And be it enacted, that all fines imposed on any aerjeant, or other
inferior
officer, or on any constable under this Ordinance shall be paid to the
Treasurer of
the Colony of Hongkong, and be carried by him to a separate account, so
that the
same may foam a fund, to be called the 'Police Reward Fund,' to be
appropriated
fox the payment of such rewards, gratuities, bounties, pensions, or other
allowances, as
the Governor may from time to time award, or direct to be paid to any
person or
persona appointed under this Ordinance, or to the widows and families of
any such
person at his death. And that it shall and may be lawful for the Governor
to direct;
if he shall think fit, that any proportions not exceeding ten shillings
in the year, for
every one hundred pounds of the salary of every person appointed under
this Ordi-
nance, and so in proportion for any salary less than one hundred pounds,
shall be
deducted yearly from such salaries, and added to the Reward Fund and form
part
thereof.
11. And be it enacted, that where any person, charged with any misdemeanor
or petty felony, shall be brought without a warrant o£ a Justice o£ the
Peace, into the
custody of any aerjeant of Police, or any other inferior officer, of
Police, in actual chief
command at any Police station, it shall be lawful for such serjeant, or
other inferior
officer of Police, if he shall deem it prudent, (provided the Justice of
the Peace, before
whom the party charged with such misdemeanor, ox petty felony is to be
taken for
examination on such charge, be not then in attendance at his office,) to
take bail by
recognizance without any fee or reward from such person, conditioned that
such person
shall appear for examination before a Justice of the Peace, at some place
to be specified
in the recognizance, and at such earliest time then next after, when such
Justice of the
Peace shall be in attendance at his office, and every recognizance so
taken shall be of
equal obligation on the parties entering into the same, and liable to the
same proceed-
ings for entreating thereof, as if the same had been taken before a
Justice of the
Peace, and the name, residence, and occupation of the party, and his
surety or sureties,
if any entering into such recognizance, together with the condition
thereof, and the
sums respectively ackuoyledged, shall be entered in a book to be kept for
that purpose,
ORDINANCE w. >_2. OF 1844.
Police Force Regulation.
which shall be laid before such Justice, as shall be present at the time
and place, when
and where the party is required to appear, and if the party do not appear
at the time
and place required, or within one hour after, the Justice shall cause a
record of the
recognizance to be drawn up, suds shall return the same to the next
sittings of the
Court, in which the offence charged should be brought for trial, with a
certificate at
the back thereof, signed by such Justice, that the party or parties have
not complied
with the obligation therein contained, and the proper officer of the said
Court shall
in'ke the like estreats and schedules of every such recognizance, as of
recognizances
a 0
forfeited in the said Court, and if the party not appearing shall apply
by any person
on his behalf, to postpone the hearing of the charge against him, and the
Justice
shall think fit to consent thereto, the Justice shall.be at liberty to
enlarge the re%og= ~ 'xeoa mtanoe
nizance to such further time as he shall appoint, and when the matter
shall be heard enlar
of b ~eday~
and determined, either key the dismissal of the complaint, or by binding
the party over
Recognizance
of bail to be
eatreaLed.
to answer the matter thereof before any superior Court, the recognizance
for the
appearance of the party before a Justice shall be discharged without fee
or reward.
12. And be. it enacted, that the Chief Magistrate of Police, subject to
the Constables to
approbation of the Governor for the time being, shall from time to time
direct a attend M~e-
auffieient number of men belonging to the Police Force to be appointed
under this y
Ordinance, and of such ranks as shall be necessary and proper to attend
on the Justices
of the Peace acting in and for any port, district, or other division of
the said Colony
respectively, who shall obey and execute all the lawful warrants, orders,
and commands.
of such Justices, in all matters civil and criminal.
13. And when any warrant, order, or command of any Magistrate, shall be
delivered or given to any constable, serjeant, or other inferior officer
of Police, he
shall, if the time will permit, show or deliver the same to the
Superintendent of Police,
or other officer, (under whose immediate command such constable,
serjeant, or other
inferior officer of Police, shall than be), and such Superintendent, or
other officer, shall
nominate and appoint by indorsement thereon, such one or more of the
constables, or
of other ranks, under his orders, and such assistant or assistants to him
or them, as
such Superintendent, or other officer, shall think proper, to execute
such warrant,
order,-or command, and every such constable, or other person, whose name
shall be so
indoraed, and every such assistant as aforesaid, shall have all and-
every the same rights
powers and authorities for, and in the execution of every such warrant,
order, or
command, as if the same had been originally directed to him, or them
expressly by
came, '
14. And be it enacted, that when any action shall be brought against any
constables, or inferior officer of Police, for any act done in obedience
of the warrant of
any Magistrate, such constable, or inferior officer of Police, shall not
be responsible for
any irregularity in the issuing of sack - warrant, or for any want of
jurisdiction in the
Magistrate issuing the same, and such constable, or inferior officer of
Police, may plead
the, general issue, and give such warrant in evidence, and upon producing
such warrant
and proving that the signature thereto is the hand writing of the person,
whose name
Name of oou-
atable appointed
to execute war-
rant to be indor.
sod thereon.
Constable not
to be liable to
action on proof
of signature of
Magistrate.
ORDINANCE No. 12 of 1844.
Police Force Regulation.
shall appear subscribed thereto, and that such person is reputed to be,
and acts as a
Magistrate for the Colony of Hongkong, and that the act or acts
complained of were
done in obedience to such warrant, the jury, or Court, who shall try the
said issue, shall
find a verdict for the defendant, who shall also recor-er double his
costs of suit.
lfi. And be it enacted, that the Chief, marine, and assistant
Magistrates, the
Superintendent, and constables of Police, and the clerks, inferior
officers, and other
officers, to be appointed under this Ordinance, so long as they shall
continue to hold
the said offices, or appointments respectively, shall be and are, and
each of them is
hereby exempted from serving on all juries, or inquests whatsoever.
Exemption
from ser'tng on
)amen.
Penalty on pub- ^ ~ ° '18. And be it enacted, that if any victualler, or
keeper of any house, shop,
lican barbonr-
ing policemen, room, or other place, for the sale of any liquors, whether
spirituous or otherwise, shall
knowingly, harbour or entertain any man belonging to the said Police
Force, or permit
such man to abide, or remain in his house, shop, room, or other place,
during any part
of the time appointed for his being on duty, every such victualler, or
keeper as
aforesaid, being convicted thereof, before any one Justice of the Peace,
shall for every
such offence forfeit, and pay such sum not exceeding one hundred dollars,
to be
recovered in a summary manner, as the said Justice shall think meet.
1'7. And be it enacted, that if any person shall assault, or resist any
person
belonging to the said Police Force, in execution of his duty, or shall
aid, or incite any
person, so to assault, or resist, or shall refuse to assist him therein,
when called upon so
to do, every such offender, being thereof convicted before any one
Justice of the Peace,
shall, for every such offence, forfeit, and pay such sum not exceeding
two hundred
dollars, to be recovered in a summary manner, as the said Justice at his
discretion
may adjudge.
( So much as relates to the charging or investing the Chief Magistrate of
Police
with arty direction or superintendence of or control over the Police
Force established
by the ordinance other than such control as any other Magistrate or
Justice of the
Peace may in leis magisterial capacity exercise, repealed by Ordinance
No. 6 of 18,57.
All repealed by Ordinance No. 9 of 1862.]
Title.
Preamble.
Governor to appoint Chief marine and assistant Magistrates and Superintendent of Police &c.
Oaths to be taken.
Oath.
Policemen appointed to have power of constables.
Chief Magistrate to make rules with approbation of the Governor.
[ See Ordinance No. of 6 of 1857]
Constable not to resign without notice, and penalty thereon.
Constable ceasing to be such to deliver up arms cloths &c., penalty in default thereof.
Penalty for constable remiss in his duty.
Penalty in person having in his possession arms belonging to or assuming the dress of the Police Force.
Governor may institute inquires into conduct of policemen on oath.
False oath punishable as perjury.
Common report to be proof of the right of any person to exercise any office under this Ordinance.
Fines imposed on policemen to form a Reward Fund.
Governor may deduct portion of salary to increase Reward Fund.
Policeman in chief command at any station to take bail.
Recognizance of bail to be estreated.
Recognizance of bail may be enlarged.
Constables to attend Magistrates.
Name of constable appointed to execute warrant to be indorsed thereon.
Constable not to be liable to action on proof of signature of Magistrate.
50
Exemption from serving on juries.
Penalty on publican harbouring policemen.
Penalty on persons obstructing or refusing to assist policemen in the execution of their duty.
Police F'oree Regulation.
No. 12 of 1844.
An Ordinance for the establishment and regulation of a Police Force in
rwc.
the Colony of Hongkoilo.
1st May, 1844.]
'HEREAS it is expedient that provision should be made for establishing an
effective system of police, within the Colony of Hongkong: Be it enacted,
that it shall, and may be lawful for His Excellency the Governor of
Hongkong, to
nominate, and appoint a proper person to be Chief Magistrate of Police,
throughout
the Colony of Hongkong, who shall reside in the town of Victoria, and
aball be
charged, and invested, with the general direction, and superintendence of
the Force
to be established under this Ordinance, and to appoint from time to time,
fit and
proper persons to be respectively marine, and assistant Magistrates, and
Superintendents
of Police, under the said Chief Magistrate, and proper persons to be
clerks in the
office of such Chief Magistrate, and every such marine, and assistant
Magistrates, and
Superintendent of Police, shall on his appointment to such office,
forthwith take before
any two Justices of the Peace at Hongkong, the oaths required to be.
taken by Justices
of the Peace in Hongkong aforesaid, and also the oath hereinafter
contained, and shall
thereupon become and be, without further qualification or appointment,
and continue
so long as they shall bold the said offices, but no longer, Justices of
the Peace for the
Colony of Hongkong.
Preamble.
Governor to alo-
point Cl,tef
marine and
assistant Magis-
trates and Super-
intendent of
Police uc,
Oaths to be
taken.
'I do swear that I will well and truly serve our oath.
' Sovereign Lady the Queen in the office of Chief, or assistant, or
marine Magistrate,
'or Superintendent of Police (as the case may be) 'without favor, or
affection, malice,
'or ill-will, that I will see and cause Her Majesty's peace to be kept,
and preserved
' and that I will prevent, to the best of my power, all offences against
the same,
'and that while I shall continue to hold the said office, I will to the
best of my skill
'and knowledge discharge all the duties thereof faithfully according to
law, so help
' me God.'
And no person appointed under this Ordinance, to be Chief, or assistant,
or marine
Magistrate, or Superintentent of Police, shall be capable of holding the
said office, or
of acting in any way therein, until he shall take and subscribe the above
oath, and the
said oath shall be administered by any two Justices of the Peace at
Hongkong, and
such Justices shall forthwith give to the person taking the same a
certificate thereof
under their hands, such certificate to be forwarded to the Governor of
the said Colony,
or to such person as he shall appoint.
2. And be it enacted, that a sufficient number of fit and able men shall
from time Policemen
to time be appointed by the Governor, as a Police Force for the whole of
the Colony of hapoe'pr~`ert or
constables.
Hongkong, who shall be sworn in by the Chief or assistant Magistrates, to
act as
constables for preserving the peace, and preventing robberies, and other
felonies, and
apprehending offenders against the peace, and the men so sworn in shall
have all such
Police Force Regulation.
ORDINANCE, No. 12 of 184.
powers, authorities, privileges, and advantages, and be liable to all
such duties, and
responsibilities; as any constable duly appointed now has, or hereafter
may have, either
by the common law, or by virtue of any English statgte, or Colonial
ordinance, now, or
hereafter to be in force in the said Colony of Hongkofig, and shall obey
all such lawful
commands, as they may from time to time receive from the said Chief,
marine, or
assistant Magistrate, and Superintendent of Police, or any other inferior
officers, who
may at any time be appointed over them.
Chid Ma giatrate
to. make rules
with approbation
of -the-Governor.
[See Ordinance
~o,8of18fi7.1
conetatife not 0
resign without notice;, and pen-
alty thereon. -
Constable ceas-
ing to be each to
deliver up arms
clothes 6ce.,
penalty in d cinult
thereof.
3. And in order to provide for one uniform system of rules and
regulations,
^throughout the whole establishment of Police in Hongkong: Be it enacted,
that the
,said Chief Magistrate may from time to time, subject to the approbation
of the Governor
for the time being, frame such orders and regulations, as he shall deem
expedient for
the general government of the men, to be appointed members of the Police
Force under
this Ordinance, the places of their residence, the classification, rank,
and particular
service of the several members, their distribution, and inspection, the
description of
arms, accoutrements, and other necessaries to be furnished to them, and
which of them
shall be provided with horses for the performance of their duties, and
all such orders
and regulations relative to the said Police Force, as the said Chief
Magistrate shall, from
time to time, doom expedient for preventing neglect, or abuse, and for
rendering such
Force efficient, in the discharge of all its duties, and the said Chief
Magistrate may at
any time suspend, or dismiss from his employment, any man belonging to
the said
Police Force, whom he shall think remiss, or negligent, in the discharge
of his duty, or
otherwise unfit for the same, and when any man shall be so dismissed, or
cease to
belong to the said Police Force, all powers vested in him as a constable
by virtue of this
Ordinance, shall immediately cease and determine.
4. And be it enacted, that no constable to be appointed under this
Ordinance,
shall be at liberty to resign his office, or withdraw himself from the
duties thereof,
unless expressly authorized so to do in writing, by the Chief Magistrate
of Police, or
unless he shall give to the said Chief Magistrate of Police, two months
notice of his
intention so to resign, or withdraw, and if any such constable shall so
resign, or
withdraw himself without such previous permission or notice, he shall for
such'oerice
forfeit and pay a penalty, not exceeding two hundred dollars, on
conviction thereof in
a summary manner before one Justice o£ the Peace, in manner provided by
Ordinance
No. 10 of 184, intituled 'An Ordinance to regulate summary proceedings
before
'Justices of tile Peace, and for the protection of Justices in the
execution of their
11 Office.' .
5. And be it enacted, that when any constable to be appointed under this
Ordinance, shall be dismissed from, or shall cease to hold, and exercise
his office, all
powers, and authorities vested in him as a constable, shall immediately
cease and
determine, to all intents and purposes whatever: and if any such
constable shall not
within one weep after lie shall be dismissed from, or cease to hold, and
exercise his
office, deliver over all and every the arms, wand ammunition, and
accoutrements, horse,,
ORDINANCE No. 12 oF.1844.
Police Force Regulation.
saddle, bridle, clothing, and other appointments whatsoever, which may
have been
supplied to him for the execution of such office, to such person, and at,
such time and
place as shall be' directed by the said Chief Magistrate, such person
making default
therein shall, upon conviction. fob every such offence in a summary
manner before ~I
Justice of the Peace, be subject and liable to imprisonment in the common
gaol, or house
of correction, for any period not exceeding three months, and to be kept
to hard labour,
as such Justice of the Peace may direct, and it shall be lawful for such
Justice of the
Peace, and he is hereby authorized and required, to commit every such
offender
accordingly, and to issue his warrant to search for, and seize to the use
of Her Majesty,
all and every the arms, ammunition, accoutrements, horses, bridles,
saddles, clothing,,.
and other appointments whatsoever, which shall not be so delivered over
wherever tile
same shall be found. '
And be it enacted, that if any constable to be appointed under this
Ordinance,
shall be guilty of any neglect, or violation of duty in his office, or
shall neglect or refuse
to obey and execute any warrant, lawfully directed to be by him executed
or shall be
guilty of any disobedience to the orders and regulations frame, as
hereinbefore
mentioned, by the said Chief Magistrate, or other misconduct as a
constable, he shall
for every such offence, on conviction thereof before a Justice of the
Peace in a summary
manner, forfeit and pay a penalty not exceeding two hundred dollars, and
the amount of
such penalty shall, and may be deducted, from, and out of ally salary
accruing due to
such offender under this Ordinance, upon a certificate thereof, to be, by
the Justice
before whom he may be convicted, transmitted to the Treasurer of the said
Colony.
'J. And be it enacted, that if any person, not appointed and acting under
this
Ordinance, shall have in his possession any arms, ammunition, or any
article of clothing
accoutrements, or appointments supplied to any person under this
Ordinance, and shall
not be able satisfactorily to account for his, or her possession thereof,
or shall put on,
or assume the dress, name, designation, or description of any person or
persons, or any
class of persons, appointed under this Ordinance, for the purpose of
thereby obtaining
admission into any house, or other place, or of doing, or procuring to be
done, any
other%ct, which such person or persons, so putting on, or assuming such
dress, name,
designation, or description, would not by law be entitled to do, or
procure to be done of
his, or their own authority, every such person so offending shall, in
addition to any
other punishment to which he, or she may be liable for such offence,
forfeit, and pay
for every such offence any sum not exceeding two hundred dollars, to be
recovered in
a summary manner, on conviction before a Justice of the Peace.
$. Arid be it enacted, that it, shall and may be lawful to and for the
said Chief,
marine, or assistant Magistrate, or the Superintendent of Police, or
either or any of
them, or any, other person or persons, to be nominated for the purpose
from time to
time by the, Governor, to examine on oath into the truth of any charges
of complaints,
preferred against any person to be appointed under this Ordinance, of any
neglect or
violation of duty in his office, and to report thereon to the Governor,
and any person
Penalty for
constable remiss
in his duty.
Penalty in per-
son having in his
possession arms ,
belonging to or
assuming of ha -
Police
Force.
oath.
Governor may in-
ntitnte inquiries'. .
into conduct
of policemen on.
Falsa oath
Common report
to be proof of the
right of any per-
son to exercise
? any office under
this Ordinance.
Fines imposed
on policemen to
form & Reward
Fund. .
t*avornor may
k deduct portion of
salary to increase
'Reward Fund.
policeman in
chief command
ut,any station to
ORDINANCE No. 12 of 1844.
Police Force Regulation.
who on such inquiry, or on any other occasion on which an oath may be
administered
under this Ordinance, shall give fare evidence, or take a false oath, and
be thereof
duly convicted, shall be deemed guilty of wilful and corrupt perjury, and
shall be
liable to such pains and penalties, as persons convict^ad of wilful and
corrupt perjury
are or may be subject and liable to.
9. And be it enacted, that if any question arise as to the right of any
Chief,
marine, or assistant Magistrate, or Superintendent of Police, or any
aerjeant, or
other inferior officer, or of any common constable, to hold or execute
any such office
respectively, common reputation shall to all intents and purposes be
deemed, and held
Vo, be sufficient evidence of such right, and it shall not be necessary
to produce ~ any
appointment, or any oath, affidavit, or other document, or matter
whatsoever, in proof
of such right.
10. And be it enacted, that all fines imposed on any aerjeant, or other
inferior
officer, or on any constable under this Ordinance shall be paid to the
Treasurer of
the Colony of Hongkong, and be carried by him to a separate account, so
that the
same may foam a fund, to be called the 'Police Reward Fund,' to be
appropriated
fox the payment of such rewards, gratuities, bounties, pensions, or other
allowances, as
the Governor may from time to time award, or direct to be paid to any
person or
persona appointed under this Ordinance, or to the widows and families of
any such
person at his death. And that it shall and may be lawful for the Governor
to direct;
if he shall think fit, that any proportions not exceeding ten shillings
in the year, for
every one hundred pounds of the salary of every person appointed under
this Ordi-
nance, and so in proportion for any salary less than one hundred pounds,
shall be
deducted yearly from such salaries, and added to the Reward Fund and form
part
thereof.
11. And be it enacted, that where any person, charged with any misdemeanor
or petty felony, shall be brought without a warrant o£ a Justice o£ the
Peace, into the
custody of any aerjeant of Police, or any other inferior officer, of
Police, in actual chief
command at any Police station, it shall be lawful for such serjeant, or
other inferior
officer of Police, if he shall deem it prudent, (provided the Justice of
the Peace, before
whom the party charged with such misdemeanor, ox petty felony is to be
taken for
examination on such charge, be not then in attendance at his office,) to
take bail by
recognizance without any fee or reward from such person, conditioned that
such person
shall appear for examination before a Justice of the Peace, at some place
to be specified
in the recognizance, and at such earliest time then next after, when such
Justice of the
Peace shall be in attendance at his office, and every recognizance so
taken shall be of
equal obligation on the parties entering into the same, and liable to the
same proceed-
ings for entreating thereof, as if the same had been taken before a
Justice of the
Peace, and the name, residence, and occupation of the party, and his
surety or sureties,
if any entering into such recognizance, together with the condition
thereof, and the
sums respectively ackuoyledged, shall be entered in a book to be kept for
that purpose,
ORDINANCE w. >_2. OF 1844.
Police Force Regulation.
which shall be laid before such Justice, as shall be present at the time
and place, when
and where the party is required to appear, and if the party do not appear
at the time
and place required, or within one hour after, the Justice shall cause a
record of the
recognizance to be drawn up, suds shall return the same to the next
sittings of the
Court, in which the offence charged should be brought for trial, with a
certificate at
the back thereof, signed by such Justice, that the party or parties have
not complied
with the obligation therein contained, and the proper officer of the said
Court shall
in'ke the like estreats and schedules of every such recognizance, as of
recognizances
a 0
forfeited in the said Court, and if the party not appearing shall apply
by any person
on his behalf, to postpone the hearing of the charge against him, and the
Justice
shall think fit to consent thereto, the Justice shall.be at liberty to
enlarge the re%og= ~ 'xeoa mtanoe
nizance to such further time as he shall appoint, and when the matter
shall be heard enlar
of b ~eday~
and determined, either key the dismissal of the complaint, or by binding
the party over
Recognizance
of bail to be
eatreaLed.
to answer the matter thereof before any superior Court, the recognizance
for the
appearance of the party before a Justice shall be discharged without fee
or reward.
12. And be. it enacted, that the Chief Magistrate of Police, subject to
the Constables to
approbation of the Governor for the time being, shall from time to time
direct a attend M~e-
auffieient number of men belonging to the Police Force to be appointed
under this y
Ordinance, and of such ranks as shall be necessary and proper to attend
on the Justices
of the Peace acting in and for any port, district, or other division of
the said Colony
respectively, who shall obey and execute all the lawful warrants, orders,
and commands.
of such Justices, in all matters civil and criminal.
13. And when any warrant, order, or command of any Magistrate, shall be
delivered or given to any constable, serjeant, or other inferior officer
of Police, he
shall, if the time will permit, show or deliver the same to the
Superintendent of Police,
or other officer, (under whose immediate command such constable,
serjeant, or other
inferior officer of Police, shall than be), and such Superintendent, or
other officer, shall
nominate and appoint by indorsement thereon, such one or more of the
constables, or
of other ranks, under his orders, and such assistant or assistants to him
or them, as
such Superintendent, or other officer, shall think proper, to execute
such warrant,
order,-or command, and every such constable, or other person, whose name
shall be so
indoraed, and every such assistant as aforesaid, shall have all and-
every the same rights
powers and authorities for, and in the execution of every such warrant,
order, or
command, as if the same had been originally directed to him, or them
expressly by
came, '
14. And be it enacted, that when any action shall be brought against any
constables, or inferior officer of Police, for any act done in obedience
of the warrant of
any Magistrate, such constable, or inferior officer of Police, shall not
be responsible for
any irregularity in the issuing of sack - warrant, or for any want of
jurisdiction in the
Magistrate issuing the same, and such constable, or inferior officer of
Police, may plead
the, general issue, and give such warrant in evidence, and upon producing
such warrant
and proving that the signature thereto is the hand writing of the person,
whose name
Name of oou-
atable appointed
to execute war-
rant to be indor.
sod thereon.
Constable not
to be liable to
action on proof
of signature of
Magistrate.
ORDINANCE No. 12 of 1844.
Police Force Regulation.
shall appear subscribed thereto, and that such person is reputed to be,
and acts as a
Magistrate for the Colony of Hongkong, and that the act or acts
complained of were
done in obedience to such warrant, the jury, or Court, who shall try the
said issue, shall
find a verdict for the defendant, who shall also recor-er double his
costs of suit.
lfi. And be it enacted, that the Chief, marine, and assistant
Magistrates, the
Superintendent, and constables of Police, and the clerks, inferior
officers, and other
officers, to be appointed under this Ordinance, so long as they shall
continue to hold
the said offices, or appointments respectively, shall be and are, and
each of them is
hereby exempted from serving on all juries, or inquests whatsoever.
Exemption
from ser'tng on
)amen.
Penalty on pub- ^ ~ ° '18. And be it enacted, that if any victualler, or
keeper of any house, shop,
lican barbonr-
ing policemen, room, or other place, for the sale of any liquors, whether
spirituous or otherwise, shall
knowingly, harbour or entertain any man belonging to the said Police
Force, or permit
such man to abide, or remain in his house, shop, room, or other place,
during any part
of the time appointed for his being on duty, every such victualler, or
keeper as
aforesaid, being convicted thereof, before any one Justice of the Peace,
shall for every
such offence forfeit, and pay such sum not exceeding one hundred dollars,
to be
recovered in a summary manner, as the said Justice shall think meet.
1'7. And be it enacted, that if any person shall assault, or resist any
person
belonging to the said Police Force, in execution of his duty, or shall
aid, or incite any
person, so to assault, or resist, or shall refuse to assist him therein,
when called upon so
to do, every such offender, being thereof convicted before any one
Justice of the Peace,
shall, for every such offence, forfeit, and pay such sum not exceeding
two hundred
dollars, to be recovered in a summary manner, as the said Justice at his
discretion
may adjudge.
( So much as relates to the charging or investing the Chief Magistrate of
Police
with arty direction or superintendence of or control over the Police
Force established
by the ordinance other than such control as any other Magistrate or
Justice of the
Peace may in leis magisterial capacity exercise, repealed by Ordinance
No. 6 of 18,57.
All repealed by Ordinance No. 9 of 1862.]
Title.
Preamble.
Governor to appoint Chief marine and assistant Magistrates and Superintendent of Police &c.
Oaths to be taken.
Oath.
Policemen appointed to have power of constables.
Chief Magistrate to make rules with approbation of the Governor.
[ See Ordinance No. of 6 of 1857]
Constable not to resign without notice, and penalty thereon.
Constable ceasing to be such to deliver up arms cloths &c., penalty in default thereof.
Penalty for constable remiss in his duty.
Penalty in person having in his possession arms belonging to or assuming the dress of the Police Force.
Governor may institute inquires into conduct of policemen on oath.
False oath punishable as perjury.
Common report to be proof of the right of any person to exercise any office under this Ordinance.
Fines imposed on policemen to form a Reward Fund.
Governor may deduct portion of salary to increase Reward Fund.
Policeman in chief command at any station to take bail.
Recognizance of bail to be estreated.
Recognizance of bail may be enlarged.
Constables to attend Magistrates.
Name of constable appointed to execute warrant to be indorsed thereon.
Constable not to be liable to action on proof of signature of Magistrate.
50
Exemption from serving on juries.
Penalty on publican harbouring policemen.
Penalty on persons obstructing or refusing to assist policemen in the execution of their duty.
Abstract
Title.
Preamble.
Governor to appoint Chief marine and assistant Magistrates and Superintendent of Police &c.
Oaths to be taken.
Oath.
Policemen appointed to have power of constables.
Chief Magistrate to make rules with approbation of the Governor.
[ See Ordinance No. of 6 of 1857]
Constable not to resign without notice, and penalty thereon.
Constable ceasing to be such to deliver up arms cloths &c., penalty in default thereof.
Penalty for constable remiss in his duty.
Penalty in person having in his possession arms belonging to or assuming the dress of the Police Force.
Governor may institute inquires into conduct of policemen on oath.
False oath punishable as perjury.
Common report to be proof of the right of any person to exercise any office under this Ordinance.
Fines imposed on policemen to form a Reward Fund.
Governor may deduct portion of salary to increase Reward Fund.
Policeman in chief command at any station to take bail.
Recognizance of bail to be estreated.
Recognizance of bail may be enlarged.
Constables to attend Magistrates.
Name of constable appointed to execute warrant to be indorsed thereon.
Constable not to be liable to action on proof of signature of Magistrate.
50
Exemption from serving on juries.
Penalty on publican harbouring policemen.
Penalty on persons obstructing or refusing to assist policemen in the execution of their duty.
Preamble.
Governor to appoint Chief marine and assistant Magistrates and Superintendent of Police &c.
Oaths to be taken.
Oath.
Policemen appointed to have power of constables.
Chief Magistrate to make rules with approbation of the Governor.
[ See Ordinance No. of 6 of 1857]
Constable not to resign without notice, and penalty thereon.
Constable ceasing to be such to deliver up arms cloths &c., penalty in default thereof.
Penalty for constable remiss in his duty.
Penalty in person having in his possession arms belonging to or assuming the dress of the Police Force.
Governor may institute inquires into conduct of policemen on oath.
False oath punishable as perjury.
Common report to be proof of the right of any person to exercise any office under this Ordinance.
Fines imposed on policemen to form a Reward Fund.
Governor may deduct portion of salary to increase Reward Fund.
Policeman in chief command at any station to take bail.
Recognizance of bail to be estreated.
Recognizance of bail may be enlarged.
Constables to attend Magistrates.
Name of constable appointed to execute warrant to be indorsed thereon.
Constable not to be liable to action on proof of signature of Magistrate.
50
Exemption from serving on juries.
Penalty on publican harbouring policemen.
Penalty on persons obstructing or refusing to assist policemen in the execution of their duty.
Identifier
https://oelawhk.lib.hku.hk/items/show/16
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 12 of 1844
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“POLICE FORCE REGULATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 6, 2025, https://oelawhk.lib.hku.hk/items/show/16.