GAMBLING ORDINANCE

GAMBLING ORDINANCE

CHAPTER 148.

GAMBLING.

To consolidate and, amend the laws relating to gambling,

betting, gaming, common gaming houses, and lotteries.

[6th May, 1891.]

1. This Ordinance may be cited as the Gambling

Ordinance.

2. (1) In this Ordinance-

common gaming house' includes any place opened, kept,

or used-

(a)for playing therein at any game of chance or any mixed game
of chance and skill

(i) in which a bank is kept by one or more of the players
exclusively of the other or others; or

(ii) in which the chances of the game are not alike
favourable to all the players, including among the players the
banker or other person by whom the game is managed or
against whom the players stake, play, or bet; or

(iii) in which any commission or percentage is charged in
connexion with the game, the stakes, or the winnings; or

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

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



'gambling' applies to and includes lotteries;
'gambling' applies to and includes the playing of any of
the games mentioned in paragraph (a) of the definition of
'common gaming house'.







'implements or appliances of gambling' include all articles which are
used in or for the purpose of gambling or a lottery;

'keeper' includes the occupier or person having the use temporarily of
any common gaining house or any person having or appearing to
have the care or management of such place, and also any person
who acts in any manner assisting in conducting the business of
anv such place or keeping watch in or about the same ;

'lottery' includes any game, method, or device whereby money or
money's worth is distributed or allotted in any manner depending
upon or to be determined by chance or lot or the result of any
race or contest other than totalisators, pari-mutuels and cash-
sweeps authorized under the Betting Duty Ordinance, aiid other
than the sweepstakes Subscriptions contributed towards the
prizes for the owners of winners and placed horses or ponies in
horse and pony races conducted by race, jockey or hunt clubs,
whether the same is held, drawn, exercised, or managed within or
without the Colony;

'place' includes any house, room, office, agency, boat, vehicle, or
vessel, or any erection movable or otherwise, or any spot on land
or water;

'street' shall be deemed to include and extend to any, road, lane, alley,
passage, wharf, pier, park, recreation ground, or other open space
whatsoever.

(2) Any place in which lottery tickets are sold.

procured, or distributed or any place in which money, or money's
worth in connexion with a lottery is paid or distributed shall be deemed
to be kept for the purpose of a lottery.

3. A place which is used as aii ordinary social club

to which the public at large have not access shall nevertheless be
deemed a common gaming house if kept or used either for the playing
of any of the garnes mentioned in paragraph (a) of the definition of
'common gaming house' in section 2, or for the purpose mentioned in
paragraph (b) of that definition, or for any of the purposes mentioned
in paragraph (c) of that definition





4. In case of any complaint made under this Ordinance, it
shall not be necessary to prove that any person found playing at
any game was playing for any money, wager, or stake.

5. (1) Any person, being the owner of any place, who
knowingly permits the same to be opened, kept, or used by
another person as a common gaming house shall upon summary
conviction be liable to a fine of five thousand dollars : Provided
that no prosecution tinder this section shall be commenced
without the fiat of the Attorney General.

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

6. The keeper of a common gaming house shall upon
summary conviction be liable to a fine of five thousand dollars
and imprisonment: Provided that the aggregate term of
imprisonment imposed, whether for default in payment of the
penalty or otherwise, shall in no case exceed the term of nine
months.

7. (1) Any person who-

(a) plays in a common gaming house;

(b) buys any lottery ticket; or

(c)makes any bet in a common garning house; or pays or
receives any money or valuable thing in a common
gaming house for any of the considerations mentioned
in paragraph (c) of the definition of 'common gaining
house in section 2,

shall upon summary conviction be liable to a fine of two hundred
and fifty dollars.

(2) Any person who sells or has in his possession with a view
to sale any lottery ticket shall upon summary conviction be liable
to a fine of two thousand dollars.

(3) Any person found in a common gaming house or found
escaping therefrom on the occasion of its being entered under
this Ordinance shall, until the contrary is proved, be presumed to
be or to have been playing therein.





(4) Any person found in possession of any lottery ticket shall,
until the contrary is proved, be presumed to have the said ticket in his
possession with a view to sale.

8. Any person who furnishes or advances money for the purpose
of gaming, gambling or betting in any common gaming house or for the
purpose of establishing or conducting a common gaming house or a
lottery shall upon summary conviction be liable to a fine of two
thousand dollars.

9. Any person who-

(a)declares or exhibits, expressly or otherwise, the winner or
winning number, ticket, lot, figure, design, symbol, or other
result of any lottery ; or

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

or

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

shall upon summary conviction be liable to a fine of five hundred
dollars or to imprisonment, without hard labour, for three months.

10. (1) A lottery promoted as an incident of an entertainment to
which this section applies, shall be deemed not to be a lottery within
the meaning of this Ordinance if the permission of the Commissioner of
Police, which
permission may be granted or refused in his sole discretion, has been
obtained in writing prior to the promotion of the lottery: Provided that
the conditions specified in the next succeeding subsection shall be
observed in connexion with the promotion and conduct of the lottery.

(2) The conditions referred to in the preceding subsection are that

(a)the whole proceeds of the entertainment (including the
proceeds of the lottery) after deducting





(i) the expenses of the entertainment, excluding expenses
incurred in connexion with the lottery; and

(ii) the expenses incurred in printing tickets in the lottery;
and

(iii) such sum (if any) not exceeding two hundred dollars
as the promoters of the lottery think fit to appropriate on
account of any expense incurred by them in purchasing
prizes in the lottery,

shall be devoted to purposes other than private gain;

(b)none of the prizes in the lottery shall be money, prizes ;

(c)tickets or chances in the lottery shall not be sold or issued,
nor shall the result of the lottery be declared, except on the
premises on which the entertainment takes place and during
the progress of the entertainment ; and

(d)the facilities afforded for participating in lotteries shall not be
the only, or the only substantial, inducement to persons to
attend the entertainment.

(3) The entertainments to which this section applies are balls,
dances, dinners, bazaars, sales of work, fetes and

other entertainments of a similar character, whether limited to one
day or extending over two or more days.

(4) If any of the conditions prescribed in subsection
(2) is broken, every person concerned in the promotion or
conduct of a lottery which is an incident of an entertainment
to which this section applies shall be guilty of an offence
unless he proves that the offence was committed without
his knowledge and shall upon summary conviction be liable
to a fine of one thousand dollars and to imprisonment for
six months. [9A]

11. (1) The game tombola promoted by a society
registered under or exempted from the provisions of the
Societies Ordinance, shall be deemed not to be a lottery
within the meaning of this Ordinance if the permission of
the Commissioner of Police which permission may be
granted or refused in his sole discretion has been obtained
in writing prior to the promotion : Provided that the
conditions specified in the next succeeding subsection shall
be observed in connexion with the promotion and conduct
of the game





(2) The conditions referred to in the preceding subsection are that

(a)the games shall be promoted only on such premises of the
society as may be described in the written permission of the
Commissioner of Police;

(b)tickets or chances in the game shall not be sold or issued,
except on such premises of the society as may be described
in the written permission of the Commissioner of Police;

(c)the whole proceeds of the game after deducting only
expenses incurred for printing and stationery shall be
devoted either to the provision of prizes for the players or to
purposes which are purposes of the society or as to part to
the provision of prizes as aforesaid and as to the remainder
to such purposes as aforesaid;

(d)there shall not be exhibited published or distributed any
written notice or advertisement of the game other than notice
thereof exhibited within the premises of the society for
whose members it is promoted.

(3) If any of the conditions prescribed in subsection
(2) hereof is broken each of the promoters of the game and
where the person by whom the condition is broken is not
one of the promoters that person also, shall be guilty of
an offence and shall, upon summary conviction be liable
to a fine of one thousand dollars and to imprisonment for
six months:Provided that it shall be a defence for a
person charged only by reason of his being a promoter of
the game to prove that the offence was committed without
his knowledge. [9B]

12. It shall be lawful for any justice of the peace or police officer
duly authorized by warrant of any justice of the peace (which shall be
in the forni in the Schedule) with such assistants as may be
necessary, to enter and, if necessary, to break into any place which
such justice of the peace, from sworn information or of his own
knowledge, has reasonable grounds to suspect and believe to be a
common gaming house, and to arrest such persons as may be found
therein, and to seize all cards, dice, balls, counters, tables, lottery
tickets, or other implements of gaming or gambling or which may be
used as such, and





also all betting slips, moneys or securities for money which
may be either in actual use for the purpose of gaming,
gambling or betting or be found upon the persons of the
keepers of such place, and the said implements, betting
slips and moneys or securities for nioney, on conviction
of the offender, shall be forfeited. [10]

13. Where any cards, dice, balls, counters, tables,
lottery tickets, books or other implements of gaming or
gambling or betting slips are found in any place suspected
of being a cornmon gaming house and entered under a
warrant issued tinder this Ordinance, or about the person
of any of those who rnay be found therein, it shall be
evidence (until the contrary is made to appear) that such
place is used as a common gaming house, and that the
persons found in the place where such implements of
gaming or gambling or betting slips have been found
were gaming, gambling or betting therein, although no
gaming, gambling or betting was actually going on in the
presence of the officer entering the same under a warrant
issued under this Ordinance, or in the presence of any
assistants by whom he may be accompanied as aforesaid;
and it shall be lawful for the magistrate before whom any
person may be taken by virtue of the warrant to direct all
such implements of gaming or gambling and betting slips
to be forfeited or destroyed. [11]

14. Any person who-

(a)wilfully prevents any justice of the peace or officer
authorized by warrant tinder this Ordinance to enter
any place from entering the same or any part thereof;
or

(b)obstructs or delays any such justice of the peace or
officer in so entering; or

(c)by any bolt, bar, chain, or other contrivance, secures
any external or internal door of or means of access to
any place so authorized to be entered

or

(d)uses any means or contrivance whatsoever for the
purpose of preventing, obstructing, or delaying the entry
of any constable or officer authorized as aforesaid

into any such place or any part thereof, shall upon
summary conviction be liable to a fine of two thousand dollars or
to imprisonment for six months. [12]





15. Where any police officer authorized under section
12 to enter any place is wilfully prevented from or
obstructed or delayed in entering the same or any part
thereof, or where any external or internal door of or means
of access to any such place so authorized to be entered is
found to be fitted or provided with any bolt, bar, chain,
or any means or contrivance for the purpose of preventing,
delaying, or obstructing the entry into the same or any
part thereof of any officer authorized as aforesaid, or for
giving an alarm in case of such entry, or if any such place
is found to be fitted or provided with any means or
contrivance for gaming, gambling or betting, or with any
means or contrivance for concealing, removing, or destroy-
ing any implements of gaming or gambling or betting
slips, it shall be evidence (until the contrary is made to
appear) that such place is a common gaming house within
the meaning of this Ordinance, aiid that the persons found
therein were unlawfully gaming therein. [13]

16. (1) It shall be lawful for any magistrate before whom any
persons are brought who have been found in any place entered in
pursuance of section 12 to require any of such persons to be examined
upon oath aiid give evidence touching any gaming, gambling or
betting in any such place or touching any act done for the purpose of
preventing, obstructing, or delaying the entry into such place or any
part thereof of any officer authorized as aforesaid ; and no person so
required to be examined as a witness shall be excused from being so
examined when brought before such magistrate, or from being
examined at any subsequent time by or before the same or any other
magistrate or any court on any proceeding or the trial of any
indictment, information, action or suit in anywise relating to such
unlawful gaming, ganibling or betting or any such acts as aforesaid, or
from answering any question put to hirn, touching the matters
aforesaid, oil the ground that his evidence will tend to criminate
himself.

(2) Any such person so required to he examined as a witness who
refuses to make oath accordingly, or to answer any such question as
aforesaid, shall be subject to be dealt with in all respects as any person
appearing as a witness before any magistrate or court in obedience to a
summons or subpoena and refusing, without lawful cause or excuse,





to be sworn or to give evidence, may be dealt with
according to law. [14]

17. (1) Any person so required to be examined as a witness as
aforesaid who, on such examination, makes true and faithful discovery
to the best of his knowledge of all things as to which he is so examined
shall, if the magistrate or judge by whom he is examined is satisfied that
such true and faithful discovery has been made, receive froni such
magistrate or judge a certificate in writing under his hand to that effect,
and shall be freed from all criminal prosecutions and penal actions, and
from all penalties, forfeitures, and punishments to which he may have
become liable for anything done before that time in respect of the
matters touching which he has been so examined

(2) If any action, indictment, or information is at any
time pending in any court against any person so examined
in respect of any act of gaming, gambling or betting
touching which he was so examined, and if any action,
indictment, or information is at any time pending in any
Court against any person so examined as a witness in
manner before mentioned, for any such matter or thing,
such court shall, on the production and proof of such
certificate, stay the proceedings in Such action, indictment,
or information, and may award to such person such costs
as he may have been put to by such action, indictment,
or information. [15]

18. Any person found gaming, gambling or betting in the street or
acting as watchman for any such person shall upon summary
conviction be liable to a fine of two hundred and fifty dollars or to
imprisonment for two months. [16]

19. Where any persons are found gaming, gambling
or betting in the street all implements of gaming or
gambling, all betting slips, and also all money in actual
use for any such purpose or found in the possession of such
persons may be forfeited by the magistrate. [17]

20. Nothing in this Ordinance shall be deemed to


restrict anything authorized by the Betting Duty

Ordinance. [18]





21. Any male person convicted of an offence under this
Ordinance who may appear to be of such tender years as to
require punishment rather in the way of school discipline than of
ordinary criminal justice may, in lieu of any other punishment
hereby provided, be sentenced

to be whipped. [19]

SCHEDULE. [s.
12.]

FORM OF
WARRANT. HONG KONG.

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

WHEREAS it appears to me A.B., one of the justices of the
peace for the said Colony of my own knowledge, [or by the infor-
mation upon oath of C.D., of ] that the place
[here insert description of the place] is kept or used as a common
gaming house within the meaning of the Gambling Ordinance, (Cap.
149 of the Revised Edition): This is, therefore, to require you, with
such assistance as may be necessary, to enter and, if necessary, to
break into the said place, and to arrest all such persons as may be
found therein, and to seize all cards, dice, balls, counters, tables,
lottery tickets, betting slips and other implements of gaming,
gambling or betting or which may be used as such, and also all
moneys or securities for money which may be either in actual use
for the purpose of gaming, gambling or betting or be found upon the
persons of the keepers of such place, and the said implements of
gaming, gambling, betting slips and moneys or securities for money
to bring before a magistrate, to be dealt with according to the
Ordinance, and for so doing this shall be your warrant.

Given under my hand and seal at Victoria, in the said Colony this day of
19

(Signed) A. 8., J. P.

[L.S.] Originally 7 of 1891. Fraser 2 of 1891. 10 of 1949. 22 of 1950. 31 of 1950. Short title. Interpretation. [cf. 16 & 17 Vict. C. 119, s. 1.] [s. 2 cont.] (Cap. 108.) Club used as gaming house. Proof of gaming for money not necessary. 8 & 9 Vict. C. 109, s. 5. Penalty on owner of place permitting same to be used as common gaming house. 17 & 18 Vict. C. 38, s. 4. 22 of 1950, Schedule. Keeping common gaming house. 22 of 1950, Schedule. Playing in common gaming house, or dealing in lottery tickets. 22 of 1950, Schedule. 22 of 1950, Schedule. [s. 7 cont.] Advancing money for purpose of gaming. 22 of 1950, Schedule. Declaring winner of lottery, etc. 22 of 1950, Schedule. Lotteries incidental to an entertainment and not for private gain. 10 of 1949, s.2. Tombola deemed not to be a lottery. 31 of 1950, s.2. (Cap. 151.) [s. 11 cont.] Power to enter or authorize entry of common gaming house and to seize implements and persons. Schedule. Evidence of gaming. 8 & 9 Vict. C 109. S.8. Penalty on person obstructing entry of justice, etc. 17 & 18 Vict. C. 38, s.1. 22 of 1950, Schedule. Obstructing entry of constable, etc., to be evidence of house being used as common gaming house. 17 & 18 Vict. C. 38, s. 2. Power to magistrate to require person apprehended to be sworn and give evidence. 17 & 18 Vict. C. 38, s. 5. Person required to be examined as witness and making full discovery to be free from all penalties. 17 & 18 Vict. C. 38, s. 6. Street gambling. 22 of 1950, Schedule. Forfeiture of implements of gaming or gambling, betting slips and money. Saving. (Cap. 108.) Boy convicted of offence may be whipped.

Originally 7 of 1891. Fraser 2 of 1891. 10 of 1949. 22 of 1950. 31 of 1950. Short title. Interpretation. [cf. 16 & 17 Vict. C. 119, s. 1.] [s. 2 cont.] (Cap. 108.) Club used as gaming house. Proof of gaming for money not necessary. 8 & 9 Vict. C. 109, s. 5. Penalty on owner of place permitting same to be used as common gaming house. 17 & 18 Vict. C. 38, s. 4. 22 of 1950, Schedule. Keeping common gaming house. 22 of 1950, Schedule. Playing in common gaming house, or dealing in lottery tickets. 22 of 1950, Schedule. 22 of 1950, Schedule. [s. 7 cont.] Advancing money for purpose of gaming. 22 of 1950, Schedule. Declaring winner of lottery, etc. 22 of 1950, Schedule. Lotteries incidental to an entertainment and not for private gain. 10 of 1949, s.2. Tombola deemed not to be a lottery. 31 of 1950, s.2. (Cap. 151.) [s. 11 cont.] Power to enter or authorize entry of common gaming house and to seize implements and persons. Schedule. Evidence of gaming. 8 & 9 Vict. C 109. S.8. Penalty on person obstructing entry of justice, etc. 17 & 18 Vict. C. 38, s.1. 22 of 1950, Schedule. Obstructing entry of constable, etc., to be evidence of house being used as common gaming house. 17 & 18 Vict. C. 38, s. 2. Power to magistrate to require person apprehended to be sworn and give evidence. 17 & 18 Vict. C. 38, s. 5. Person required to be examined as witness and making full discovery to be free from all penalties. 17 & 18 Vict. C. 38, s. 6. Street gambling. 22 of 1950, Schedule. Forfeiture of implements of gaming or gambling, betting slips and money. Saving. (Cap. 108.) Boy convicted of offence may be whipped.

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