PEACE PRESERVATION ORDINANCE

PEACE PRESERVATION ORDINANCE

CHAPTER 244.

PEACE PRESERVATION.

To make provision for the Pre servation of the public peace.

[2nd June, 1886.]

1. This Ordinance may be cited as the Peace Preserva-
tion Ordinance.

PART I
SPECIAL CONSTABLES.

2. It shall be lawful for the Governor at any time to
authorize any magistrate to summon, by writing in Form I
in the First Schedule, before him, any number of persons
resident or being then within the Colony, then and there to
be appointed and to act as special constables so long as the
said authority remains in force : Provided that it shall be
lawful for the said magistrate, if it appears to him, upon the
oath of any person, that there is good and sufficient cause to
believe that any person intended to be appointed a special
constable is concealing himself in order to avoid service of
the. summons or that he is likely to disobey the same, to
issue a warrant, in Form 2 in the First Schedule, in the first
instance, for the purpose of bringing before him such person
so to be appointed.

3. Every special constable shall have the same powers
for the preservation of the peace, the prevention of offences,
the apprehension of offenders, and for all other purposes, and
the same privileges, protection, and immunities, as the
members of the police force, except as to pay and pension or
other reward, and shall be subject to the orders of the
Governor, the magistrates, the Commissioner of Police, and
any one or more justices of the peace who shall be authorized
by the Governor to act in that behalf.

4. Any person required to serve as a special constable
under this Ordinance who refuses or otherwise omits, without
reasonable excuse, to appear as a special constable shall upon





summary conviction be liable to a fine of five hundred
dollars, and to imprisonment for two months.

5. Any person so appointed a special constable, and
called upon to serve, who, without reasonable excuse, refuses
or neglects to serve and to obey such lawful orders and
directions as may be given to him for the performance of
the duties of his office, as provided in section 3, shall upon
summary conviction be liable to a fine of five hundred dollars,
and to imprisonment for two months: Provided always that
no person shall be subject to any penalty under. this section
who is unable to perform the duties of a special constable, by
reason of old age, sickness, or other infirmity, proved to the
satisfaction of the magistrate.

PART II.

PROCLAMATION OF THE PEACE.

6. Whenever it appears to be necessary for the preser-
vation of the public peace, it shall be lawful for the Governor
in Council to declare, by proclamation, that the Colony shall
be subject to the following provisions of this Ordinance; and
every such proclamation shall remain in force until cancelled
by Government notification.

7. (1) Whenever and wherever the peace is being
broken during the continuance of any such proclamation, it
shall be lawful for the Governor, or the Colonial Secretary,
or any justice of the peace to call upon all bystanders and
persons in the vicinity to give their aid in preserving the
peace and in apprehending persons breaking the peace.

(2) Any person who, without lawful excuse, refuses or
omits to give such aid shall upon summary conviction be
liable to a fine of two hundred and fifty dollars, or to impri-
sonment for three months.

8. (1) Whenever any persons are found, during the
continuance of any such proclamation, unlawfully, riotously,
or tumultuously assembled to the disturbance of the peace
and to the terror of His Majesty's subjects, any justice of
the peace may, in an audible voice, warn such persons that
they are acting in contravention of the law, and require them





to disperse and depart to their habitations or to their lawful
business.

(2) All persons remaining so assembled after such
warning, may be dispersed and taken into custody by any
police officer or special constable, or by any other person
acting under the orders of a justice of the peace, and shall
upon summary conviction be liable to a fine of two hundred
and fifty dollars, or to imprisonment for three.months.

(3) If any person so warned to disperse is hurt,
maimed, or killed in the dispersing, seizing, or apprehending
or the endeavouring to disperse, seize, or apprehend, the
persons hurting, maiming or killing him shall be free, dis-
charged, and indetrinified from the consequences, except on
evidence or gross carelessness, wantonness, or malice.

9. It shall be lawful for any justice of the peace, acting
under the powers prescribed by this Ordinance, to enter, with
or without a written warrant and with or without assistance,
and to authorize any police officer or special constable to
enter, with or without a written warrant and with or without
assistance, and using in either case force, if necessary, into
any dwelling-house or other building, and into any place in
which he may suspect that any arms or instruments or am-
munition may be, contrary to the provisions of the Arms and
Ammunition Ordinance, and such arms and instruments or
ammunition may be seized and confiscated.

10. During the continuance of any such proclamation,
any justice of the peace may enter, with or without
assistance, or may order any police officer or special con-
stable, or other person to enter, without a warrant and with
or without assistance, using force in either case, if necessary,
into any dwelling-liouse or other building, or into any place
into which he may have reasonable cause to suspect that
persons lately riotously assembled or engaged on any unlaw-
ful purpose have made their escape, or in which he may have
reasonable cause to suspect that persons about to break the
peace are assembled, and may apprehend and take into
custody the said persons; and every person so arrested may
be detained until he can be conveniently brought before a
magistrate to be dealt with according to law. [11





11. Any person who, during the continuance of any
such proclamation-
(a)unlawfully combines to procure a stoppage of the
sale or transit from place to place of provisions or
other articles; or
(b)unlawfully combines to procure shopkeepers, dealers,
or other persons to discontinue the sale or transit
from place to place of provisions or other articles; or
(c)prevents or endeavours to prevent any person from
purchasing or from being supplied with any such
articles,
shall upon summary conviction be liable to a fine of two
hundred and fifty dollars, and to imprisonment for three
months. [12

12. (I) Notwithstanding anything in any other Ordin-
ance the contrary, every male person who during the
continuance of any proclamation under this Ordinance, corn-
mits any offence against any of the enactments mentioned in
the Second Schedule shall, in addition to any other punish-
ment by law provided, be liable on conviction, whether on
indictment or summarily, to be flogged.

(2) In all cases where the punishment of flogging is
awarded under this section the following provisions shall
have effect-
(a)the sentence shall prescribe the number of strokes to
be inflicted;
(b)the number of strokes shall not exceed twenty-four
in the case of an offender whose age exceeds sixteen
years, or twelve in the case of an offender whose age
does not exceed sixteen years;
(c) the instrument used in the case of an offender whose
age exceeds sixeeii years shall be the instrument
commonly known as the 'cat' or else a light cane
or rattan as the court or magistrate may specify in
the sentence, and in the case of an offender whose
age does not exceed sixteen years it shall be a light
cane or rattan ; and
(d) the flogging shall be inflicted in prison and within
six months of the sentence. [12A





PART III.

MISCELLANEOUS.

13. No person acting in good faith under the provisions
of this Ordinance shall be liable in damages or otherwise for
any act done by him in pursuance of the obligation and duty,
imposed, or reasonably supposed to be imposed, on him by
this Ordinance, or in respect of any act, matter or thing done
during the continuance of any proclamation issued under this
Ordinance, or within the period of five days before the date
of any such proclamation, if done in good faith, and done or
purported to be done in the execution of his duty or for the
public safety or for the defence of the Colony or for the
enforcement of discipline or otherwise in the public interest,
if such person be a person holding office under or employed
in the service of the Crown in any capacity, whether naval,
military, air force, or civil, or be a person holding office under
or employed in the service of the Government of the Colony
in any capacity, or be a person acting under the authority
of a person so holding office or so employed, or be a public
officer, a member of the Hong Kong Defence Force,, a mem-
ber of the Hong Kong Police Reserve or a special constable.
[14

FIRST SCHEDULE.

FORM 1. [s. 2.]

Summons.
To

WHERFAS His Excellency the Governor has authorized the
appointment of special constables in this Colony, and whereas you
are appointed to be a special constable in this Colony: This is there-
fore to require you to attend at the magistrate's court at
in this Colony instanter, [or at o'clock on day, the
day of , 19 ] there to be enrolled as
a special constable, under the Peace Preservation Ordinance;
(Chapter 244 of the Revised Edition of Ordinances) and herein
fail not.

Given at this day of 19

(Signed) Magistrate.





FORM 2. [s. 2.]

Warrant.

To

Commissioner of Police and all police officers.

WHEREAS His Excellency the Governor has authorized the
appointment of special constables in this Colony, and whereas A.B.
has been appointed to be a special constable in this Colony: This
is therefore to require you to bring the said A.B. before me instanter
[or as the case may be] to be enrolled as a special constable, under
the Peace Preservation Ordinance (Chapter 244 of the Revised Edition
of Ordinances).

Given at this day of

(Signed) Magistrate.

SECOND SCHEDULE. [s. 12.]

The Tramway Ordinance, section 52.

The Criminal Intimidation Ordinance, section 3.
The Larceny Ordinance, sections 25, 26, 40, 41, 42, 43, 44, 45,
46 (1) (a), 48.

The Malicious Damage Ordinance, sections 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 15, 19, 21, 22, 23, 24, 25, 28, 30, 31, 32, 36, 37,
38, 39, 40.

The Offences against the Person Ordinance, sections 5, 10, 11,
12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 28, 29, 30, 31, 32, 36, 39, 40, 54.

The Suppression of Piracy Ordinance, sections 2, 4, 5, 6.
The Summary Offences Ordinance, sections 3(14), 8.
The Police Force Ordinance, section 58.
The Arms and Ammunition Ordinance, sections 4, 24.
The Peace Preservation Ordinance, sections 8, 11.
Originally 15 of 1886. Fraser 10 of 1886. 27 of 1938. 8 of 1948. 22 of 1950. Short title. Power to Governor to appoint special constables. 1 & 2 Will. 4. C. 41, s. 1. First Schedule. Form 1. 27 of 1938, s. 5. Form 2. Powers of special constable. 1 & 2 Will. 4, c. 41, s. 5. Punishment for refusing to appear as special constable. 1 & 2 Will. 4, c. 41, s. 7. 22 of 1950, Schedule. Punishment for refusing to act as special constable. 1 & 2 Will. 4, c. 41, s. 8. 22 of 1950, Schedule. Power to Governor in Council to issue proclamation. Power to call for assistance from bystanders. 22 of 1950, Schedule. Dispersal of riotous assembly. 22 of 1950, Schedule. [cf. Second Schedule.] Power to enter house and seize arms, etc. (Cap. 238.) Power to enter house and to arrest persons. Combination to stop trade. [cf. Second Schedule.] 22 of 1950, Schedule. Flogging for offence during continuance of proclamation. Second Schedule. Indemnity to person acting under the Ordinance. [First Sch., cont.] (Cap. 107.) (Cap. 205.) (Cap. 210.) (Cap. 211.) (Cap. 212.) (Cap. 218.) (Cap. 228.) (Cap. 232.) (Cap. 238.) (Cap. 244.)

Originally 15 of 1886. Fraser 10 of 1886. 27 of 1938. 8 of 1948. 22 of 1950. Short title. Power to Governor to appoint special constables. 1 & 2 Will. 4. C. 41, s. 1. First Schedule. Form 1. 27 of 1938, s. 5. Form 2. Powers of special constable. 1 & 2 Will. 4, c. 41, s. 5. Punishment for refusing to appear as special constable. 1 & 2 Will. 4, c. 41, s. 7. 22 of 1950, Schedule. Punishment for refusing to act as special constable. 1 & 2 Will. 4, c. 41, s. 8. 22 of 1950, Schedule. Power to Governor in Council to issue proclamation. Power to call for assistance from bystanders. 22 of 1950, Schedule. Dispersal of riotous assembly. 22 of 1950, Schedule. [cf. Second Schedule.] Power to enter house and seize arms, etc. (Cap. 238.) Power to enter house and to arrest persons. Combination to stop trade. [cf. Second Schedule.] 22 of 1950, Schedule. Flogging for offence during continuance of proclamation. Second Schedule. Indemnity to person acting under the Ordinance. [First Sch., cont.] (Cap. 107.) (Cap. 205.) (Cap. 210.) (Cap. 211.) (Cap. 212.) (Cap. 218.) (Cap. 228.) (Cap. 232.) (Cap. 238.) (Cap. 244.)

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