GOOD ORDER AND CLEANLINESS ORDINANCE
Title
GOOD ORDER AND CLEANLINESS ORDINANCE
Description
Good Order and Cleanliness.
No. 14 of 1846.
An Ordinance to repeal Ordinance No. 5 of 1844, entitled 'An
Ordinance for the Preservation of Good Order and Cleanliness
within the Colony of Hongkong and its Dependencies,'
and to make other Provisions in Lieu thereof.
[26th December, 1845.]
WHEREAS it is expedient to repeal Ordinance \o. 5 of 1844, enti-
tled, An Ordinance for th e Preservation of good Order and Cleanliness
within the Colony of Hongleong and its Dependencies, and to make other
provisions in lieu thereof
1. Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council there-
of, that from and after the passing of this Ordinance tile said recited
Or-
dinance shall be, and the same is, hereby repealed.
Q. And be it further enacted and ordained, that every person shall
prohibiting
nuisances in
be liable to a penalty not exceeding five pounds, who, within the Colony
th,rOngn-
of Hongkong, shall in any thoroughfare or public place, or adjacent
fa''es.
thereto, commit any of the following offences; that is to say:--
1. Every person who shall throw or lay, or cause, or knowingly
permit to be thrown or laid; any carrion, dirt, soil, straw, or
dung , or any other filth, rubbish, or noisome or offensive mat
111-1 1-11 ~'A
OR.DINAIfCE NR. 14pF 1,846.
Good Order and Cleanliness.
ter whatsoever, .on any of the roads, streets, ways, or public
passages, or into any well, stream, or watercourse, ford, or
reservoir for water, any of the drains or sewers made or to be
made within the said Colony; or shall permit or suffer any
such noisome or offensive substance as aforesaid to remain ex-
posed in any drain, sewer, or elsewhere, opposite to or within the
immediate neighbourhood o£ his house, or shall allow any ac-
cummulation of filth or offensive substances within the pre-
mises occupied by him, to the annoyance of the inhabitants or
passengers; or shall in any manner defile or pollute any well,
or stream, or watercourse, used by any of the inhabitants of
the town of Victoria, or for the supplying with water of ships
resorting to the harbour of the said Colony.
2. Every person who shall commit any nuisance in the neighbour-
hood of any house or place of public passage.
every person who shall set out or leave, or cause to be set out
or left, any scaffolding, bricks, lime, barrels, bales ox cases o£
merohandise3 or any other matter or thing which shall car may
obstruct, incommode, or endanger any person or carriage in
any public road or thoroughfare.
Every person who shall expose anything for sale in or upon, or
so as to hang over any carriage-way or footway, or on the
outside of any house or shop, or who shall set up or continue
any pole, blind, awning, line, or any other projection from any
window, parapet, or other part of any house, shop, or other
building, so as to cause any annoyance or obstruction in any
4.
fire Ord. No.
15 of 1889
ss. 36 ~ 77.)
6.
thoroughfare.
Every person who shall encroach on any public way or Crown
land by erecting any building, either on or projecting over the
same, or shall construct any spout which shall project the rain-
water thereon.
Every occupier or owner of any, house, building, or other erection
who shall neglect to repair or remove the same when in a
ruinous or unsafe state, arid which shall. or may endanger the
passengers in any thoroughfare.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
7. Every person who shall ride or drive on any foot-path without
obvious necessity; or shall ride or drive in a furious manner,
or so as to endadger the life or limb of any person, or to the
common danger of the passengers in any public road or
thoroughfare; or who, passing or meeting another horse or
carriage, shall not keep to the customary side of the road.
8. Every person who shall lead or ride any horse or other animal,
or draw or drive any cart or carriage, sledge, truck, or barrow,
upon any footway, or fasten any horse or other animal so that
it can stand across or capon any footway, or shall turn loose
any horse or cattle upon the public road or thoroughfare.
Every person who shall, in any thoroughfare or public place, to
the annoyance of the inhabitants or passengers, kill or slaughter,
or expose for show or sale ( except in a market lawfully appointed
for that purpose), or feed or fodder any horse or other animal,
or shoe, bleed; or farry any horse or animal (except in cases o£
accident), or turn loose, clean, dress, exercise, train, or break
any horse or animal, or clean, make, or repair any part of any
cart or carriage, except in cases of accident where repair on the
spot is necessary.
9.
Every person who shall keep any dog accustomed to annoy
passengers by barking or otherwise, or suffer to be at large any
unmuzzled ferocious dog or other animal belonging to him, or
set on or urge any dog or other animal to attack, worry, or put
in fear any person, horse, or other animal.
1. Every person who, upon any public footway, shall roll or carry
any barrel, cask, butt, or other thing calculated to annoy or
incommode the passengers thereon, except for the purpose of
housing them or of loading any cart or carriage on the other
side of the footway.
Every person who in, near, or adjoining any public road or
thoroughfare, shall wantonly or unnecessarily blow any horn,
beat any gong or drum, or make any other noise calculated to
annoy or alarm any person, or to frighten any horse or other
animal: Provided always, that nothing herein contained shall be
[* See ord.
No. Q of
1882.E
ORDINANCE No: 14 of 1845.
Good Order and Cleanliness.
construed and extend to any religious procession or festival, for
the due celebration of which the consent of the * Chief 1'l1agistrate of
Police has been obtained. ~ Repealed by Ordinance No. 9 of
1888. ]
Every person who shall wantonly discharge any fire-arms, or
throw or discharge any stone or other missile, or make any
bonfire, or throw or set fire to any firework, to the damage or
danger of any person.
14. Every person who shall wilfully and w~intonly disturb any in-
habitant by pulling or ringing any door-bell, or by knocking,
or striking at any door without lawful excuse, or who shall
wilfully and unlawfully extinguish the light of any lamp.
15. Every person who shall play at any game or pastime to the
annoyance of the inhabitants or passengers.
Every person who shall play at any game in any public passage
or road so as to obstruct the same, or create a noisy assembly
therein.
17. Every person who shall beg, or expose any sore or infirmity to
view, for the purpose of exciting compassion and obtaining alms,
or [ Repealed by Ordinance No. 8 of 1882; see also Ordinance
No. 8 of 1876] shall lewdly and indecently expose his person
by bathing or otherwise near any public road or dwelling-house.
And it shall be lawful for. any constable belonging to the Police
Force to take into custody, without warrant, any person who shall com-
mit any such offence within view of any such constable; or if such offence
shall not have been committed within view of such constable, then, upon
complaint of the party who shall have been injured or annoyed by, or
been witness to, the commission of any such offence; and in the absence
of any such constable, it small be lawful for the party so injured or
annoyed,
or who shall have seen t~,e offence committed, to seize and detain the
offender until he can be given into the custody. of such constable, ox
until
he can be taken before a Magistrate.
Prohibiting 3. And be it further enacted and ordained, that every person
why
other
nuisances, &c. Shall within the said Colony be guilty of any of the
following offences
shall be liable to a penalty not exceeding five pounds.
-
ORDINANCE No. 14 of 18.45.
Good Order and Cleanliness:
I. Every person who shall erect any shed or house of matting or (see ord.
xo.
rs of 1889
other inflammable material, so as in case of fire to endanger see. ss.]
any neighbouring building.
2. Every person who, without the consent of the owner or occupier,
shall affix any posting-bill or other paper against or upon any
building, wall, fence, or pale, or write upon, soil, deface, or
mark-any such building, wall, fence, or pale with chalk or paint,
or in any other way whatsoever, or wilfully break, destroy,
or damage any part of such building, wall, fence, or pale, or any
fixture or appendage thereto.
3. Every person employed as a domestic: servant, who shall neglect
or without just cause absent himself from his duty without the
leave of his employer, or shall leave his employer's service
without giving reasonable notice to the said employer, or shall
wilfully disobey his employer's lawful and reasonable orders
or use any abusive or insulting language or behaviour to his.
employer, or be guilty of riotous and disorderly conduct.
4. Every person who shall neglect to affix to his house, and keep
alight during the night, such lamp or lanthorn as may be
required and approved of by the Superintendent of Police.
5. Every person who shall keep a house or other building for the
occupation, or resort of public prostitutes, to the annoyance of
any person inhabiting or residing near thereto.
All persons assembling together in the night-time without lawful
excuse; and every person seeing any such illegal assemblage,
or knowing, or having reason to suspect that such assemblage
had taken place or was about to take place, who shall not give
immediate notice thereof to the nearest guard house or Police
station, or to some constable belonging to the .Police Force.
7. Every person employed as a private guard or watchman who
shall sleep on his post, or be negligent, remiss, or cowardly in
the execution of his duty.
8. Every owner, headman, or other person in charge of any boat which
shall. be
found alongside of any public wharf or landing-place (unless while taking,
on board or landing passengers or cargo), or lying off the same, so, as to
prevent the free access of other boats thereto ; and the owner, headman,
or
ether person in charge of any, boat which shall be moored or at anchor at
&-
6.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
distance of less than one hundred and fifty [' Three hundred' as a#iended
by Ordinance No. 9 of 1857. yards from low water-mark, between the hours
of nine o'clock at night and gun-fire in the morning: Provided always,
that
nothing herein contained shall be construed to extend to any boat moored
or
at anchor alongside of any private wharf with the consent of the owner
thereof. [Repealed by Ordinance Alo. 8 of 1879.
9. Every person who shall cast or throw any ballast, rubbish, or other
substance,
either from the shore or from any vessel, into the harbour of the said
Colony,
so as to create a nuisance or obstruction therein, or shall neglect
within a , -
reasonable time to remove any sunken vessel in the said harbour belonging
to him or in his charge or keeping. [Repealed by Ordinance No. 8 of 1879.
10. Every person who shall wantonly or cruelly mutilate or other-
wise ill-use any horse, mule, dog, or other animal.
And it shall be lawful for any constable belonging to the Police
Force to take into custody without warrant any person who shall commit
any such offence within view of any such constable ; or if such offence
shall not have been committed within view of such constable, then upon
the complaint o£ the party who shall have been injured or annoyed by,
or been witness to, the commission of any such offence; and in the
absence of any such constable it shall be lawful for the party so injured
or annoyed, or who shall have seen the offence committed, to seize and
detain the offender until he can be given into the custody of such con-
stable, or until he can be taken before a Magistrate.
Dop .mad or 4. And be it further enacted and ordained, that it shall be
lawful
straying, arms. for any constable belonging to the Police Force to destroy
any dog or
other animal reasonably suspected to be in a rabid state, or which has
been bitten by any dog or animal reasonably suspected to be in a rabid
state: and the owner of any such dog or animal, who shall permit the
same to go at large after having information or reasonable ground for
believing it to be in a rabid state, or to have been bitten by a dog or
other animal in a rabid state, shall be liable to penalty of not more then
ten pounds: And it is hereby further enacted and ordained, that it shall
be lawful for any constable belonging to the Police Force to destroy
any dog which shall be found straying or wandering about during the
day-time without any owner, and not wearing a collar with the name and
residence of the owner inscribed thereon ; and such constable is hereby.,
~Y`~h~
further authorized to destroy any dog which shall be found straying or~x
wandering about between the hours of ten o'clock at night and gun-firs -.
in the morning.
ORDINANCE loo. 14 of 1845.
Good Order and Cleanliness.
g: And be it further enacted and ordained, that no person other
than persons acting in obedience to lawful authority, shall discharge
any cannon or other fire-,arm of greater calibre than a common
fowling-piece within three hundred yards of any dwelling-house within
the said Colony, to the annoyance of any inhabitant thereof; and every
person who, after being warned of the annoyance by any inhabitant,
shall discharge any such fire-arm, shall be liable to a penalty of not
more
than ten pounds.
6. And be it further enacted and ordained, that every person who
within the said Colony, or the harbour or waters thereof, shall commit
any of the following offences, shall be liable to a penalty of not more
than ten pounds, or in the discretion of the convicting Magistrate to be
imprisoned for any term not exceeding fourteen days
1: Every person who shall knowingly take in exchange from any
seaman or other person, not being the owner or master of any
vessel, anything belonging to any vessel lying in the harbour
or waters aforesaid, or any part of the cargo of such vessel, or
any stores or articles in charge of the owner or master of any
such vessel.
2. Every person who shall unlawfully out, damage, or destroy any of the
ropes,
cables, cordage, tackle, headfasts, or other furniture of or belonging to
any
ship, boat, or vessel lying in the harbour or waters aforesaid, with
intent to
steal or otherwise unlawfully obtain the same or any part thereof.
$. Every person who for the purpose of preventing the seizure or
discovery of any
materials, furniture, stores, or merchandise belonging to, or hAving been
part
of the cargo of Any ship, boat of vessel lying in the harbour or waters
afore-
said, or of any other articles unlawfully obtained from any such ship or
vessel, shall wilfully let fall or throw into the harbour or waters
aforesaid, or
in any, other manner convey away from any ship, boat, or vessel, wharf,
quay, or landing-place, any such article, or who shall be accessory to any
such offence ; and it shall be lawful for any constable to take any such
offender into custody, and to seize and detain any boat in which such
person
shall be found, or out of which any article shall be so let fall, thrown,
or
conveyed away. [Sub-sections 2 and 3 repealed by Ordinance No. 8 of
1879.]
Every person who for the purpose of protecting or preventing
any thing whatsoever from being lawfully seized within the said
Colony or in the harbour or waters thereof, on suspicion of its
being stolen or otherwise unlawfully obtained, or of .preventing
cannon, hC.
not to be fired
near dwelling-
houses.
Prohibiting
offences in
the Colony or
harbour of
Hongkong.
superintendents
and InapectOra
may hoard.
vessels.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
6.
the same from being produced or made to serve as evidence
concerning any felony or misdemeanour committed or supposed.
to have been committed within the said Colony or in the waters
thereof, shall frame or cause to be framed any bill of parcels
containing any false statement in regard to the name or abode:
of any alleged vendor, the quantity or quality of any such thing,-
the place whence or the conveyance by which the same was:
furnished, the price agreed upon or charged for the same, or
any other particular, knowing such statement to be false, or
who shall fraudulently produce such bill of parcels, knowing.
the same to have been fraudulently framed.
Every person who shall, within the said Colony, or in the harbour
or waters thereof, bore, pierce, break, cut open, or otherwise
injure any cask, box, or package, containing wine, spirits, or
other liquors on board any ship, boat, or vessel, or in or upon
any warehouse, wharf, quay, or bank, with intent feloniously
to steal or otherwise unlawfully obtain any part of the contents
thereof, or who shall unlawfully drink or wilfully spill or allow
to run to waste any part of the contents thereof.
Every person who shall, within the said Colony or in the harbour,
or waters thereof, wilfully cause to be broken, pierced, started,
cut, torn, or otherwise injured, any cask, chest, bag, or other
package containing any goods, while on board of any barge,
lighter, or other craft, lying in the harbour or waters aforesaid,
or any quay, creek, wharf, or landing-place adjacent to the same,
or on the way to or from any warehouse, with intent that the
contents of such package or any part thereof may be spilled or,
dropped from such package.
7. And be it further enacted and ordained, that any superintendent or
inspector
belonging to the Police Force shall have power by virtue of his office to
enter at all times,
with such constables as he shall think necessary, as well by night as by
day, into and
upon every ship, boat, or other vessel (not being then actually employed
in Her Majesty's.
service) lying in the harbour or waters aforesaid, and into every part of
such vessel, for
the purpose of inspecting anll upon occasion directing the conduct of any
constable who
may be stationed on board of any such vessel, and of inspecting and
observing the conduct
of all other persons who shall be employed on board of any such vessel in
or about the
lading or unlading thereof, as the case may be, and for the purpose of
taking all such
ra©asures as may be necessary for providing against fire or other
accidents, and preserving
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
peace anal good order on board of any such vessel, and for the effectual
prevention or
detection of any felonies or misdemeanours. Repealed by Ordinance No. 8
of 1879.]
$. And be it further enacted and ordained, that it shall be lawful for
every super- Superintendent,
intendent, inspector, or sergeant belonging to the Police Force, having
just cause to gnse'to Sgusjustpect
Nony, may enter
suspect that any felony has been or is about to be committed in or on
board of any ship, on boarkd vessels
boat, or other vessel lying in the harbour or waters aforesaid, to enter
at all times, as suspected
persona
well by night as by day, into and upon every such ship, boat, or other
vessel, and therein
to take all necessary measures for the effectual prevention or detection
of all felonies
which he has just cause to suspect to have been or to be about to be
committed in or
upon the harbour or waters aforesaid, and to take into custody all
persons suspected' of
being concerned in such felonies, and also to take charge of all property
so suspected to
be stolen. [Repealed by Ordinance No. 8 of 1879.]
9. And be it further enacted and ordained, that every person who Removing
shall remove or carry away any stone or stake driven into the ground as
lava-mars.
a land-mark, or for the purpose of defining or marking the boundaries of
any lot or parcel of ground, shall be liable to a penalty of not more
than five pounds, or, at the discretion of the convicting Magistrate, to
be
imprisoned for any time not exceeding seven days.
10. And be it further enacted and ordained, that every person who wantonly
shall wilfully cut, break damage, injure, or destroy any tree, shrub, or
b'e`ing or
y , y y , injuringtreea,
underwood, whether the property of the Crown or of any private indivi-
dual, or shall wilfully damage, break, or destroy any fence or any wall,
bridge, or embankment; shall be liable to a penalty of not more than ten
pounds, or, in the discretion of the convicting Magistrate, to be impri-
soned for any term not exceeding fourteen days.
11. And be it further enacted and ordained, that every' person who shall
expose or x 08ing for sale
proffer for sale in any market or elsewhere any liquor, meat, fish,
vegetable, or other food, &eIs.
article of food, in a tainted, noxious, adulterated, or unwholesome
state, shall be liable to
a penalty of not more than five pounds, or, in the discretion of the
presiding Magistrate, -
to be imprisoned for any term not more than seven days. (Repealed by
Ordinance No.
17 of 1887.1
12. And be it further'enacted and ordained, that bvery person who
unlawfully
shall have in his possession any spear, bludgeon, or other offensive
poffensive
x
weapon, or any crowbar, picklock, skeleton-key, or other instrument fit
weapons, &e.
for unlawful purposes, with intent to use the same for any such unlawful
purpose, or who shall be unable to give a satisfactory account of his-
possession thereof, shall be liable to a penalty of not more than ten
pounds, or, in the discretion of the presiding Magistrate, to be
imprisoned.
for any term not a)eceeding fourteen days.
ORDINANCE PTO. 14 0io 1$45.
Gbod Ot'iler and Cieanlaltes&.
Behaving 13: And be it further enacted and ordained, that every person who
riotously or
=Idng shall behave in a riotous, noisy, or disorderly manner, or shall use
any
of the
peace, profane or indecent language, or any threatening, abusive; or
insulting
words or behaviour, with intent to provoke a breach of the peace, or
whereby a breach of the peace may be occasioned, shall be liable to a
penalty of not more than five pounds, or, in the discretion of the
convict-
ing Magistrate, to be imprisoned for a term not exceeding seven days:
Improperly 14. And be it further enacted arid ordained, that every person,
not
possessing the ,,
arms or being a constable of the Police Force. who shall have in his
possessioix
clothing, or
assuming the any article being part of the clothing, accoutrements, or
appointments
character of
a policeman, supplied to any such constable, and who shall not be able
satisfactorily
to acco'uiat for his possession thereof, or who shall put on the dress, or
take the dame, designation, or character of any person appointed as such
. ecinstable, for the purpose of thereby obtaining admission into any hbus6
or other place, or of doing or procuring to be done any` act which sudh
pefrson would be entitled to do or procure to be done of his own
authority,
or for any other unlawful purpose, shall, in. addition to any other
pniilsll=
went to which he may be liable for such offence, be liable to a penalty of
riot more thaw ten pounds.
Constables M .kh'd be It furtlieT enacted arid ordained, that it shall b-e
lawful
ma fit any constable belonging to the Police Force, arid for all persons
whom
wk~oae reamer lie shall. call to his assistance, to take into custody
;without variant any
are not pet~on who within view of any such constable shall offend in any
malitiel'
mown. against this Ordinance, and whose name and residence shall be unknown
to such constable, and cannot be ascertained by such constable.
Constables ; 16. And be it further enacted and ordained, that it shall be
lawful
apprehend ' for any constable belonging, to the Police Force to tale into
custody.
without
warrant in without a warrant all loose; idle, and disorderly persons whom
he shall
1certain0cases.' ~ find disturbing the public peace, or whom he shall
have good cause tb
nanece No. 4 0
1885; a. sl.] , suspect of having -committed or being about to commit any
felony, mis-
~; demeanour, or breach ,of the peace; and all persons whom he shall find
between sunset and the hour, of six in the morning lying or loitering m
any highway, yard, or other place; and who cannot give a satisfactory.
` ~ account of themselves.
Swdr to ~ 17: And be it further enacted and ordained, that any person
fouild
pollbe
aongtables committing any offence punishable either upon in.dictriient, or
as a ms-.
and hers°hs. demeanour, upon summary conviction by virtue bf this
Ordinance, mg~
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
be taken into custody without a warrant by any constable, or may be
apprehended by the owner of the property on or with respect to which
the offence shall be committed, or by his servant or any person author-
ized by him, and may be detained until he can be delivered into the
custody of a constable, to be dealt with according to law; and every
such constable may also stop, search, and detain any vessel, boat, cart,
or carriage, in or upon which there shall be reason to suspect that any-
thing stolen or unlawfully obtained may be found, and also any person
who may be reasonably suspected of having or conveying in any man-
ner anything stolen or unlawfully obtained; and any person to whom
any property shall be offered to be sold, pawned, or delivered, if he
shall
have reasonable cause to suspect that any such offence has been com-
mitted with respect to such property, or that, the same or any part there-
of has been stolen or otherwise unlawfully obtained, is hereby authorized,
and if in his power is required, to apprehend and detain, and as soon as
may be to deliver such offender into the custody of a constable, together
with such property, to be dealt with according to law. (Repealed by
Ordinance No. 3 of 1860 so far as it relates to Pawnbrokers.
18. And be it further enacted and ordained, that it shall be lawful
for any constable to stop and detain, until due inquiry can be made, all
persons whom, and all horses, carts, and carriages, or any other animal
or thing which he shall find employed in removing the furniture of any
house or lodging, between the hours of eight in the evening and six in
the following morning, or whenever the constable shall have good grounds
for believing that such removal is made for the purpose of evading the
payment of rent.
19. And be it further enacted and ordained, that it shall be lawful
for any constable belonging to the Police Force to tale into custody,
without a warrant, any person who shall be charged by any other person
with committing any aggravated assault, in every case in which such
constable shall have good reason to believe that suclf assault has been
committed, although not within view of such constable, and that by reason
of the recent commission of the offence a warrant could not have been
obtained for the apprehension of the offender.
20. And be it further enacted and ordained, that whenever any Horses,
aggrieved td
apprehend
certain
offenders.
Removing
furniture to
evade rent.
Persons
charged with
recent
assaults may
be appre-
hended with.
out warrant.
carriages, &c.: -
person having.charge of any horse, cart, carriage, or boat, or any other
of ofEenaerg
animal or thing, shall be taken into custody of any constable under the
det'yaibe
provisions of this Ordinance, it shall be lawful for any constable to take
4,64
Persons
apprehended
without a
warrant to be
taken to the
station-house.
Power to take
recognizances
at station-
honses on
petty charges.
Sower to bind
over persons
making
charges.
ORDINANCE 1\ a. 14 Qg 1845.
Good Order and Cleanline$s.
charge of such horse, cart, carriage, or boat, or such other animal or
thing,,
and to deposit the same in some place of safe custody as a security for
payment of any penalty to which the personf having had charge thereof
may become liable, and for payment o£ any expenses which may havo
been necessarily incurred for taking charge o£ and keeping the same; and,
it shall be lawful for any Magistrate, before whom the case shall have
been heard,, to order such horse, cart, carriage, or boat, or such other
animal or thing, to be sold for the purpose of satisfying such penalty
and:
ren.onalale expenses, in default of payment thereof, in like manner as if
the same had been subject to be distrained, and had been distrained for
the payment of such penalty arid reasonable expenses.
21. And be it further enacted and ordained, that every person taken
into custody by any constable belonging to the Police Force without a
warrant, except persons detained for the mere purpose of ascertaining
their name and residence, shall be forthwith delivered into the custody
of the constable in charge of the nearest station-house, in order that
such
person be scoured until he can be brought before a Magistrate to be dealt
with according to law, or may give bail for his appearance before a Ma-
gistrate, if the constable in charge shall deem it prudent to take bail in
the manner hereinafter mentioned.
22, rind be it further enacted and ordained, that whenever any
person charged with any offence of which he is liable to be summarily
convicted before a Magistrate, or with having carelessly done any hurt
or damage, shall be, without the warrant of a Magistrate, in the custody
of any constable of the Police Force in charge of any station-house, dur-
ing the time- when the Police Courts or Magistrates' offices shall be
shut,
it shall be lawful for such constable, if he shall deem it prudent, to
take
the recognizance of such person, with or without sureties, conditioned as
hereinafter mentioned.
23, And be it further enacted and ordained, that whenever any,
person charged with any felony or any misdemeanour punishable by.
transportation, or any other grave, misdemeanour, shall be, without the
warrant of a Magistrate, in the custody of any constable of the Polio
Force at any station-house; during the time when, the Police Courts or
Magistrates' offices shall be shut, it shall be: lawful, for the
constable:
charge of the station-house to,requ,ire the person making such charge
toenter into, a recognizapce. coaditioned: as hereinafter mentioned; and,
upoza;
ORDINANCE No. 1.4 of 1845.
Good Order and Cleanliness.
his or her refusal so to do, it shall be lawful for such constable, if he
shall deem it prudent, to discharge from custody the person so charged
upon his or her own recognizance, with or without sureties, conditioned
as hereinafter mentioned.
24. And be it further enacted and ordained, that every recogni- Condition
of
recognizance.
zance so taken shall be without fee or reward, and shall be conditioned
for the appearance of a person thereby bound before a Magistrate of the
district in which such station-house shall be situated, at his next
sitting,
and. the time and place of appearing shall be specified in the
recognizance;
and the constable shall enter in a book to be kept for that purpose at
every such station-house, the name, residence, and occupation of the party
and his surety or sureties (if any) entering into such recognizance, to-,
gather. with the condition thereof, and the same thereby acknowledged,
and shall return every such recognizance to the Magistrate present at the
tinie and place when and where the party is bound to appear.
25. And be it further enacted and ordained, that every person who
shall be brought before any Magistrate charged with having in his pos-
session or conveying in any manner any thing which may be reasonably
suspected of being stolen or unlawfully obtained, and who shall not give
an account to the satisfaction of such Magistrate how he came by the
name, shall be deemed guilty of a misdemeanour, and shall be liable to a
penalty of not more than ten pounds, or in the discretion of such Magis-
trate may be imprisoned in any gaol within the Colony aforesaid, with
or without hard labour, for any time not exceeding fourteen days.
26. And be, it further enacted and ordained, that if information
shall be given on oath to any Nlagistrate that there is reasonable cause
for suspecting that any thing stolen or unlawfully obtained is concealed
ar lodged in any dwelling-house or other place, it shall be lawful for
such Magistrate, by special warrant under his hand directed to any cons-
table, to cause every such dwelling-house or other place to be entered
arid searched at any time of the day or by night, if power for that pur-
pose be given by such warrant; ails such Magistrate, if it shall appear
to him necessary, may empower such constable, with such assistance as
ma'-y' be found necessary (such constable having previously made known
sVCh his authority'), to fuse force for the effecting such entry, whether
by
lUreaki'ng open doors o=r bthetwise; and if upon search thereupon made
any such thing shall be found, then to convey the same before a Magic=
Punishment
of persona
suspected of
having or
conqeying .
stolen goods.
Power to
grant search
warrants.
Power to
examine
party from
whom stolen
goods
received.
Power to
order delivery
of foods
stolen or
fraudulently
obtained and
in p ossession
of brokers
and other
dealers in
secondhand
property.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
trate, or to guard the same on the spot until the offenders are taken be-
fore a Magistrate, or otherwise dispose thereof in some place of safety ;
and moreover to take into custody and carry' before a Magistrate every
person found in such house or place who shall appear to have been privy
to the deposit of any such thing, knowing or having reasonable cause to
suspect the same to have been stolen or otherwise unlawfully obtained.
27, And be it further enacted and ordained, that when any person
shill be brought before any Magistrate charged with having or convey-
ing any thing stolen or unlawfully obtained, and shall declare that he
received the same from some other person, or that he was employed as a
carrier, agent, or servant, to convey the same for some other person, such
Magistrate is hereby authorized and required to cause every such person,
and also if necessary every former or pretended purchaser or other per-
son into whose possession the same shall have passed, to be brought be-
fore him and examined, and to examine witnesses upon oath touching
the same; and if it shall appear to such Magistrate that any .person shall
have had possession of such thing, and had reasonable cause to believe
the same to have been stolen or unlawfully obtained, every such person
shall be deemed guilty of a misdemeanour, and to have had possession of,
such thing at the time and place when and where the same shall have
been found and seized (and the possession of a carrier, agent, or servant
shall be deemed to be the possession of the person who shall have em-
ployed such other person to convey the same); and shall be liable to a
penalty of not more than ten pounds, or in the discretion of the Magis-
trate may be imprisoned in any gaol within the Colony aforesaid, with
or without hard labour, for any time not exceeding three calendar months.
Q$, And be it further enacted and ordained, that if any goods shall
be stolen or unlawfully obtained from any person, or being lawfully.
obtained shall be unlawfully deposited; pawned, pledged, sold, or
exchanged, and complaint .shall be made thereof to any Magistrate, and
that such goods are in the possession of any broker, dealer in marine
stores, or other dealer in second-hand property, or of any person who
shall have advanced money upon the credit of such goods, it shall be
lawful for such Magistrate to issue a summons or warrant for the
appearance of such broker or dealer, and for the production of such goods;
to be delivered up to the owner thereof,: either without payment or upon
payment of such sum and at such time as such Magistrate shall think fit a
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
and every broker or dealer who being so ordered shall refuse or neglect to
deliver up the goods, or who shall dispose of or make away with the same
after notice that such goods sere stolen or unlawfully obtained as
aforesaid,
shall forfeit to the owner of the goods the full value thereof: Provided
always, that no such order shall bar any such broker or dealer from
recover-
ing possession of such goods by suit or action at law from the person into
whose possession they may come by virtue of such Magistrate's order,
provided that such action shall be commenced within six calendar months
next after such order shall be made. [Repealed by Ordinance No. 3' of
1860 so far as it relates to Pawnbrokers.]
29. And be it further enacted and ordained, that it shall be lawful
for any Magistrate to order that any goods unlawfully pawned, pledged,
or exchanged, which shall be brought before him, and the ownership of
which shall be established to the satisfaction of such Magistrate, shall
be
delivered up to the owner by the party with whom they were so unlaw-
fully pawned, pledged, or exchanged, either without compensation or with
such compensation to the party in question as the Magistrate may think
fit. [.Repealed by Ordinance No. 3 of 1860 so far as it relates to Pawn-
brokers.]
30. And be it further enacted and ordained, that after the passing
of this Ordinance every pawnbroker within the said Colony, and every
agent or servant employed by any such pawnbroker, who shall purchase,
or receive, or take any goods or chattels in pawn or pledge of or from
any person apparently under the age of twelve years, shall be liable to a
penalty of not more than ten pounds. [Repealed by Ordinance No. 3 of
1860 so far as it relates to Pawnbrokers.]
31. And be it enacted and ordained, that when any goods or money
charged to be stolen or unlawfully obtained, and of which the owner
shall be unknown, shall be ordered by any Magistrate to be delivered to
the Superintendent of Police, it shall be lawful for such Magistrate,
after
the expiration of twelve calendar months during which no owner shall
have appeared to claim the same, to order such goods or money to be
sold or disposed of towards defraying the expenses of the Police Force.
-32. And whereas informations are often laid for the mere sake of Amends
may awarde
gain, or by parties not truly aggrieved, and the offences charged in
such bfor frivolous
informations are not further prosecuted, or it appears upon
prosecution information.
Oat there was no' sufficient ground for making the charge: Be it enact-
rower to
order
restoration of
property
unlawfully
pawned, &c.
Penalty ou
pawnbrokers
receiving
pledges from
persons under
the age of
twelve pears.
Unclaimed
stolen goods
delivered to
the Superin-
tendent of
Police may be
sold after
twelpe
months.
Penalty on
common
informers for
compounding
information.
second
offence.
ORDINANCE No. 14 of 184.
Good Order and Cleanliness.
ed and ordained, that in every case in which any information or com-
plaint of any offence shall be laid before any Magistrate and shall not be
further prosecuted, or in which, if further prosecuted, it shall appear to
the Magistrate by whom the case shall be heard, that there was no suf-
ficient ground for making the charge, the Magistrate shall have power to
award such amends, not exceeding the sum of ten pounds, to be paid by
the informer to the party informed or complained against, for his loss of
time and expenses in the matter, as to the Magistrate shall seem meet.
.`33. And be it further enacted and ordained, that in case any
person shall lodge any information before any Magistrate for any offence
alleged to have been committed, by which he was not personally aggrieved,
and shall afterwards directly or indirectly receive without the permission
of a. Magistrate any sure of money or other reward for compounding;
delaying, or withdrawing the information, it shall be lawful for any Ma-
gistrate to issue his warrant or summons, as he may deem best, for
bringing before him the party charged with the offence of such com=
pounding, delay, or withdrawal; and if such offence be proved by the
confession of the party or by the oath of any credible witness, such in-
former shall be liable to a penalty of not more than ten pounds. .
Pbwor to
'I'r delivery
rCg-ods
charged
have beeto
n
stolen or '
fraudulently
obtained, and
in cuaCodg of
a constable.
34. And be it further enacted and ordained, that for every second
or subsequent offence under this Ordinance the offender shall be liable at
the discretion of the convicting Magistrate to a penalty in double the
amount or to be imprisoned with or without hard labour for any length
of time not more than fourteen days where the pecuniary penalty imposed
for the first offence does not exceed five pounds, and for any time not
more than one calendar month where the pecuniary penalty imposed for
the first offence does not exceed ten pounds.
36, And be it further enacted and ordained, that if any goods or
money charged to be stolen or fraudulently obtained shall be in the
custody of any constable by virtue o£ any warrant of a- Magistrate, or, in
prosecution of any charge of felons or misdemeanour in regard to the
obtaining thereof, and the person charged with stealing or obtaining
possession as aforesaid shall not be found, or shall have 'been sum=
marily convicted or discharged, or shall have been tried and acquitted.,
or i£ such person shall have been tried and found guilty, but the pro-
perty so in custody shall not have been included in any indictment or
information upon which be shall have been found guilty, it shall : b
ORDINANCE No. 14 of 1845.
Good Order aged Cleanliness.
lawful for any :Magistrate to make an order for the delivery of such
goods or money to the party who shall appear to be the rightful owner
thereof, or in case the owner cannot be ascertained, then to make such
order with respect to such goods or money as to such Magistrate shall
seem meet: Provided always that no such order shall be any bar to the
right of any person or persons to sue the party to whom such goods or
money shall be delivered, and to recover such goods or money from him
;by ~ action at law, provided that such action shall be commenced within
six calendar months next after such order shall be made.
36. And be it further enacted and ordained, that any Magistrate,
if he shall think fit, may remand any person who shall be charged be-
fore him with any felony or misdemeanour upon his personal recogni-
zance (with or without sureties), and every such recognizance shall be
conditioned for the appearance of such person before the same or some
other Magistrate, for further examination, or to surrender himself to
take his trial at the Supreme Court, at a day and place to be therein
mentioned, and the Magistrate shall be at liberty from time to time to
enlarge every such recognizance to such further time as he shall appoint,
and every such recognizance which shall not be enlarged shall be dis-
charged without fee or reward, when the party shall have appeared ac-
cording to the condition thereof: Provided always, that when any Ma-
gistrate shall take the recognizance of any person to appear at the Su-
preme Court, the Magistrate shall be bound to return the depositions
taken in the case and to bind over the witnesses to appear and give evi-
dence in like manner as if he had committed the party to take his trial
at such Court.
. And be it further enacted and ordained, that it shall be
lawful for the Superintendent or other officer of Police to ~ require any
person whose duty it shall be to remove any filth or obstruction,
or to do any other matter or thing required to be done by this Ordi-
nance, so to do within a certain time to be then fixed by the said
superintendent or other officer, and that in default of such requisition
being complied with, the said Superintendent or other officer shall and
may cause to be removed such filth or obstruction, or do or cause to be
done such other matter or thing as aforesaid; and it shall be lawful for
the Magistrate before whom the offender shall have been convicted to
order and adjudge such offender, in addition to the penalties hereinbefore
Power to
remand or
enlarge pri
Boners on re-
cognizances.
Expenses of
removing
obstruction,
&e. [See
Ord, No. 8 of
1858 a. 17 and
Ord. No. 12
of 1866 s. 12.]
ORDINANCE No. 14 of 184.
Good Order and Cleanliness.
imposed, to pay such sum of money for defraying the expenses of such
removal, or of doing such other matter or thing as to such Magistrate
shall seem just and reasonable; and the Am so ordered and adjudged
shall be recoverable in the manner hereinafter provided for the recovery
of penalties imposed by this Ordinance.
Uompensa- 38, And be it further enacted and ordained, that every person
who,
o laam~ by committing any offence herein forbidden within the said Colony,
sh~ht
have caused any hurt or damage to any person or property, may be
apprehended with or without any warrant by any constable belonging to
the Police Force, and if he shall not, upon demand, make amends for
such hurt or damage to the satisfaction of the person aggrieved, he shall
be detained by such constable in order to be taken before a Magistrate-,
and upon conviction shall pay such a sum, not exceeding ten pounds, as
shall appear to the Magistrate before whom he shall be convicted to be
reasonable amends to the person aggrieved, besides any penalty to which
he may be liable for the offence; and the evidence of the person aggrieved
shall be admissible in proof of the offence.
Nottoprevent 39. Provided always, and be it further enacted and ordained,
that
indictment or
action, nothing herein contained shall be construed to prevent any person
from
being indicted or being proceeded against by indictment or information
for any indictable offence made punishable on summary conviction by
this Ordinance, or to prevent any person from being liable to be
proceeded',
against by action for any hurt or damage caused by him, provided ne-
vertheless that no person be punished twice for the same offence, and
provided no compensation shall have been awarded for such hart ox
damage.
Recovery of
penalties.
Imprisonment on
non-payment of
penalties.
40. And be it further enacted and ordained, that the penalties im.
posed by this Ordinance shall be recovered in a summary manner under
and according to the provisions of an ordinance made and passed on the
tenth day of April in the year of our Lord one thousand eight hundred
and forty-four, and numbered 10, entitled, .,4n Ordinance to regulate sum-
mary Proceedings before Justices of die Peace, and to protect Justices in
the
Execution of their Office.
41. And be it further enacted and ordained, that in every case of the
adjudicatlo'fi
of a pecuniary penalty or amends under this Ordinance, and non-payment
thereof; %t
shall be lawful for the Magistrate to imprison the offender for i;, term
of not moreal
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
seven days where the penalty imposed shall not exceed five pounds, and
not more than
fourteen days where the penalty imposed shall not exceed ten pounds, the
imprisonment
to cease on payment of the sum due. a Repealed by Ordinance No. 6 of
1862.]
42. And be it further enacted and ordained, that in the
construction Meaning of
the word
of this Ordinance, the word 'Magistrate' shall be taken to mean and
Magistrate.
include every assistant Maaistrate, and also every Justice of the Peace
acting in and for any district or place within the Colony of Hongkong.
`' 43. And be it further enacted and ordained, that in the construction
General inter.
of this Ordinance, unless there be something in the context repumnant
cia, se en
thereto, any word denoting the singular number and male sex shhll be
taken to extend to any number of persons or things and to both sexes.
Regulations under which Verandahs may be constructed in the City oj'
Victoria
projecting over or supported upon any Road, Street, or Pablic
Thoroughfare the property of the Crown made the 28th,
and gazetted 30th December, 1854.
Verandahs upon the Queen's Road extending from Hollywood Road,
Taipingshan to the see see. 9, ~.., o.
Albany Godowns may be supported upon stone or timber pillars which shall
not be more than
twelve inches square, and so that a passage of not less than eight feet
six inches may be kept clear
for the public between the wall of the house or premises and the inside
face of the support or pillar
which shall range in an uniform manner with the edge or curb stone of the
foot-path.
The height of the pillars shall not be less than eleven feet, upon which
the joisting forming the
floor of the verandah may be placed, which is to be coiled in the usual
manner with planking
trellis-work or plaster to suit the taste of the builder, and the
thoroughfare under the same is to be
kept free from any obstruction whatsoever, that the public may not be
incommoded thereby.
The verandahs either upon the ground floor or upper stories shall be
enclosed in no other
manner than by venetians at the upper portions of the pillars, for a
depth of not more than five feet,
or so as to leave a clear space of seven feet six inches from the floor
to the under-side of the same.
These verandahs upon any story shall not be used as bath-rooms,
water-closets, nor for any
purpose whatsoever whereby the public may be inconvenienced.
The verandahs projecting over any other street or thoroughfare than the
Queen's Road can
only be supported from the walls of the premises adjoining. The floor
shall not be less than ten
feet in the clear from the surface of the foot-path, and the projection
is to be equal to the width of
the same, and on no account will permission be given to enclose any
portion except in the manner
detailed before for the Queen's Road.
The work is to be executed in a neat and substantial manner and to the
perfect satisfaction of
the Surveyor General, who may at any time stop the progress of the work
if he considers the same
any infringement upon the foregoing regulations; and any person who
wilfully neglects to make
such alterations or amendments as the said Surveyor General may direct
will be liable to the
penalties described in Ordinance No. 14 of 1845 sec. 5.
Any further information with regard to the width of the verandahs in any
street or thoroughfare
or upon any other matter connected therewith may be obtained upon a
written application to the
Surveyor General.
Nome.-See Ordinance No. 15 of 189 Section 36 and ,Schedule B.
153
Title.
Preamble. [For construction of the Ordinance see Ordinance No. 12 of 1856.]
Oridnance No. 5 of 1844 repealed.
Prohibiting nuisances in thorough-fares.
[See Ord. No. 15 of 1889 ss. 36 & 77.]
[ * See Ord. No. 6 of 1862.]
Prohibiting other nuisances, &c.
[ See Ord. No. 15 of 1889 sec. 58.]
Dogs mad or straying, &c.
Cannon, &c. not to be fired neared dwelling-houses.
Prohibiting offences in the Colony or harbour of Hongkong.
Superintendents and inspectors may board vessels.
Superintendent, &c. having just cause to suspect felony, may enter on board vessels and take up suspected persons.
Removing land-marks.
Wantonly breaking or injuring trees, fences. &c.
Exposing for sale unwholesome food, &c.
Unlawfully possessing offensive weapons, &c.
Behaving riotously or provoking breach of the peace.
Improperly possessing the arms or clothing, assuming the character of a policeman, &c.
Constables may apprehend any offender whose name and residence are not known.
Constables may apprehend without warrant in certain cases. [See Ordinance No. 4 of 1865, s. 61.]
Power to police constables and persons.
aggrieved to apprehend certain offenders.
Removing furniture to evade rent.
Perosns charged with recent assaults may be apprehended without warrant.
Horses, carriages, &c., of offenders may be detained.
Persons apprehended without a warrant to be taken to the station-house.
Power to taken recognizances at station-houses on petty charges.
Power to bind over persons making charges.
Condition of recognizance.
Punishment of persons suspected of having or conveying stolen goods.
Power to grant search warrants.
Power to examine party from whom stolen goods received.
Power to order delivery of goods stolen ro fraudulently obtained and in possession of brokers and other dealers in second-hand property.
Power to order restoration of property unlawfully pawned, &c.
Penalty on pawnbrokers receiving pledges from persons under the age of twelve years.
Unclaimed stolen goods delivered to the Superintendent o Police may be sold after twelve months.
Amends may be awarded for frivolous information.
Pnealty on common informers for compounding information. Second offence.
Power to order delivery of goods charged to have been stolen or fraudulently obtained, and in custody of a constable.
Power to remand or enlarge prisoners on recognizances.
Expenses of removing obstruction, &c. [See Ord. No. 8 of 1865 s.17 and ord. No. 12 of 1856 s. 12.] Compensation for hurt or damage.
Not to prevent indictment or action.
Recovery of penalties.
Imprisonment on non-payment of penalties. Meaning of the word Magistrate.
Gerneral interpretation clause.
See sec. 2,
No. 14 of 1846.
An Ordinance to repeal Ordinance No. 5 of 1844, entitled 'An
Ordinance for the Preservation of Good Order and Cleanliness
within the Colony of Hongkong and its Dependencies,'
and to make other Provisions in Lieu thereof.
[26th December, 1845.]
WHEREAS it is expedient to repeal Ordinance \o. 5 of 1844, enti-
tled, An Ordinance for th e Preservation of good Order and Cleanliness
within the Colony of Hongleong and its Dependencies, and to make other
provisions in lieu thereof
1. Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council there-
of, that from and after the passing of this Ordinance tile said recited
Or-
dinance shall be, and the same is, hereby repealed.
Q. And be it further enacted and ordained, that every person shall
prohibiting
nuisances in
be liable to a penalty not exceeding five pounds, who, within the Colony
th,rOngn-
of Hongkong, shall in any thoroughfare or public place, or adjacent
fa''es.
thereto, commit any of the following offences; that is to say:--
1. Every person who shall throw or lay, or cause, or knowingly
permit to be thrown or laid; any carrion, dirt, soil, straw, or
dung , or any other filth, rubbish, or noisome or offensive mat
111-1 1-11 ~'A
OR.DINAIfCE NR. 14pF 1,846.
Good Order and Cleanliness.
ter whatsoever, .on any of the roads, streets, ways, or public
passages, or into any well, stream, or watercourse, ford, or
reservoir for water, any of the drains or sewers made or to be
made within the said Colony; or shall permit or suffer any
such noisome or offensive substance as aforesaid to remain ex-
posed in any drain, sewer, or elsewhere, opposite to or within the
immediate neighbourhood o£ his house, or shall allow any ac-
cummulation of filth or offensive substances within the pre-
mises occupied by him, to the annoyance of the inhabitants or
passengers; or shall in any manner defile or pollute any well,
or stream, or watercourse, used by any of the inhabitants of
the town of Victoria, or for the supplying with water of ships
resorting to the harbour of the said Colony.
2. Every person who shall commit any nuisance in the neighbour-
hood of any house or place of public passage.
every person who shall set out or leave, or cause to be set out
or left, any scaffolding, bricks, lime, barrels, bales ox cases o£
merohandise3 or any other matter or thing which shall car may
obstruct, incommode, or endanger any person or carriage in
any public road or thoroughfare.
Every person who shall expose anything for sale in or upon, or
so as to hang over any carriage-way or footway, or on the
outside of any house or shop, or who shall set up or continue
any pole, blind, awning, line, or any other projection from any
window, parapet, or other part of any house, shop, or other
building, so as to cause any annoyance or obstruction in any
4.
fire Ord. No.
15 of 1889
ss. 36 ~ 77.)
6.
thoroughfare.
Every person who shall encroach on any public way or Crown
land by erecting any building, either on or projecting over the
same, or shall construct any spout which shall project the rain-
water thereon.
Every occupier or owner of any, house, building, or other erection
who shall neglect to repair or remove the same when in a
ruinous or unsafe state, arid which shall. or may endanger the
passengers in any thoroughfare.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
7. Every person who shall ride or drive on any foot-path without
obvious necessity; or shall ride or drive in a furious manner,
or so as to endadger the life or limb of any person, or to the
common danger of the passengers in any public road or
thoroughfare; or who, passing or meeting another horse or
carriage, shall not keep to the customary side of the road.
8. Every person who shall lead or ride any horse or other animal,
or draw or drive any cart or carriage, sledge, truck, or barrow,
upon any footway, or fasten any horse or other animal so that
it can stand across or capon any footway, or shall turn loose
any horse or cattle upon the public road or thoroughfare.
Every person who shall, in any thoroughfare or public place, to
the annoyance of the inhabitants or passengers, kill or slaughter,
or expose for show or sale ( except in a market lawfully appointed
for that purpose), or feed or fodder any horse or other animal,
or shoe, bleed; or farry any horse or animal (except in cases o£
accident), or turn loose, clean, dress, exercise, train, or break
any horse or animal, or clean, make, or repair any part of any
cart or carriage, except in cases of accident where repair on the
spot is necessary.
9.
Every person who shall keep any dog accustomed to annoy
passengers by barking or otherwise, or suffer to be at large any
unmuzzled ferocious dog or other animal belonging to him, or
set on or urge any dog or other animal to attack, worry, or put
in fear any person, horse, or other animal.
1. Every person who, upon any public footway, shall roll or carry
any barrel, cask, butt, or other thing calculated to annoy or
incommode the passengers thereon, except for the purpose of
housing them or of loading any cart or carriage on the other
side of the footway.
Every person who in, near, or adjoining any public road or
thoroughfare, shall wantonly or unnecessarily blow any horn,
beat any gong or drum, or make any other noise calculated to
annoy or alarm any person, or to frighten any horse or other
animal: Provided always, that nothing herein contained shall be
[* See ord.
No. Q of
1882.E
ORDINANCE No: 14 of 1845.
Good Order and Cleanliness.
construed and extend to any religious procession or festival, for
the due celebration of which the consent of the * Chief 1'l1agistrate of
Police has been obtained. ~ Repealed by Ordinance No. 9 of
1888. ]
Every person who shall wantonly discharge any fire-arms, or
throw or discharge any stone or other missile, or make any
bonfire, or throw or set fire to any firework, to the damage or
danger of any person.
14. Every person who shall wilfully and w~intonly disturb any in-
habitant by pulling or ringing any door-bell, or by knocking,
or striking at any door without lawful excuse, or who shall
wilfully and unlawfully extinguish the light of any lamp.
15. Every person who shall play at any game or pastime to the
annoyance of the inhabitants or passengers.
Every person who shall play at any game in any public passage
or road so as to obstruct the same, or create a noisy assembly
therein.
17. Every person who shall beg, or expose any sore or infirmity to
view, for the purpose of exciting compassion and obtaining alms,
or [ Repealed by Ordinance No. 8 of 1882; see also Ordinance
No. 8 of 1876] shall lewdly and indecently expose his person
by bathing or otherwise near any public road or dwelling-house.
And it shall be lawful for. any constable belonging to the Police
Force to take into custody, without warrant, any person who shall com-
mit any such offence within view of any such constable; or if such offence
shall not have been committed within view of such constable, then, upon
complaint of the party who shall have been injured or annoyed by, or
been witness to, the commission of any such offence; and in the absence
of any such constable, it small be lawful for the party so injured or
annoyed,
or who shall have seen t~,e offence committed, to seize and detain the
offender until he can be given into the custody. of such constable, ox
until
he can be taken before a Magistrate.
Prohibiting 3. And be it further enacted and ordained, that every person
why
other
nuisances, &c. Shall within the said Colony be guilty of any of the
following offences
shall be liable to a penalty not exceeding five pounds.
-
ORDINANCE No. 14 of 18.45.
Good Order and Cleanliness:
I. Every person who shall erect any shed or house of matting or (see ord.
xo.
rs of 1889
other inflammable material, so as in case of fire to endanger see. ss.]
any neighbouring building.
2. Every person who, without the consent of the owner or occupier,
shall affix any posting-bill or other paper against or upon any
building, wall, fence, or pale, or write upon, soil, deface, or
mark-any such building, wall, fence, or pale with chalk or paint,
or in any other way whatsoever, or wilfully break, destroy,
or damage any part of such building, wall, fence, or pale, or any
fixture or appendage thereto.
3. Every person employed as a domestic: servant, who shall neglect
or without just cause absent himself from his duty without the
leave of his employer, or shall leave his employer's service
without giving reasonable notice to the said employer, or shall
wilfully disobey his employer's lawful and reasonable orders
or use any abusive or insulting language or behaviour to his.
employer, or be guilty of riotous and disorderly conduct.
4. Every person who shall neglect to affix to his house, and keep
alight during the night, such lamp or lanthorn as may be
required and approved of by the Superintendent of Police.
5. Every person who shall keep a house or other building for the
occupation, or resort of public prostitutes, to the annoyance of
any person inhabiting or residing near thereto.
All persons assembling together in the night-time without lawful
excuse; and every person seeing any such illegal assemblage,
or knowing, or having reason to suspect that such assemblage
had taken place or was about to take place, who shall not give
immediate notice thereof to the nearest guard house or Police
station, or to some constable belonging to the .Police Force.
7. Every person employed as a private guard or watchman who
shall sleep on his post, or be negligent, remiss, or cowardly in
the execution of his duty.
8. Every owner, headman, or other person in charge of any boat which
shall. be
found alongside of any public wharf or landing-place (unless while taking,
on board or landing passengers or cargo), or lying off the same, so, as to
prevent the free access of other boats thereto ; and the owner, headman,
or
ether person in charge of any, boat which shall be moored or at anchor at
&-
6.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
distance of less than one hundred and fifty [' Three hundred' as a#iended
by Ordinance No. 9 of 1857. yards from low water-mark, between the hours
of nine o'clock at night and gun-fire in the morning: Provided always,
that
nothing herein contained shall be construed to extend to any boat moored
or
at anchor alongside of any private wharf with the consent of the owner
thereof. [Repealed by Ordinance Alo. 8 of 1879.
9. Every person who shall cast or throw any ballast, rubbish, or other
substance,
either from the shore or from any vessel, into the harbour of the said
Colony,
so as to create a nuisance or obstruction therein, or shall neglect
within a , -
reasonable time to remove any sunken vessel in the said harbour belonging
to him or in his charge or keeping. [Repealed by Ordinance No. 8 of 1879.
10. Every person who shall wantonly or cruelly mutilate or other-
wise ill-use any horse, mule, dog, or other animal.
And it shall be lawful for any constable belonging to the Police
Force to take into custody without warrant any person who shall commit
any such offence within view of any such constable ; or if such offence
shall not have been committed within view of such constable, then upon
the complaint o£ the party who shall have been injured or annoyed by,
or been witness to, the commission of any such offence; and in the
absence of any such constable it shall be lawful for the party so injured
or annoyed, or who shall have seen the offence committed, to seize and
detain the offender until he can be given into the custody of such con-
stable, or until he can be taken before a Magistrate.
Dop .mad or 4. And be it further enacted and ordained, that it shall be
lawful
straying, arms. for any constable belonging to the Police Force to destroy
any dog or
other animal reasonably suspected to be in a rabid state, or which has
been bitten by any dog or animal reasonably suspected to be in a rabid
state: and the owner of any such dog or animal, who shall permit the
same to go at large after having information or reasonable ground for
believing it to be in a rabid state, or to have been bitten by a dog or
other animal in a rabid state, shall be liable to penalty of not more then
ten pounds: And it is hereby further enacted and ordained, that it shall
be lawful for any constable belonging to the Police Force to destroy
any dog which shall be found straying or wandering about during the
day-time without any owner, and not wearing a collar with the name and
residence of the owner inscribed thereon ; and such constable is hereby.,
~Y`~h~
further authorized to destroy any dog which shall be found straying or~x
wandering about between the hours of ten o'clock at night and gun-firs -.
in the morning.
ORDINANCE loo. 14 of 1845.
Good Order and Cleanliness.
g: And be it further enacted and ordained, that no person other
than persons acting in obedience to lawful authority, shall discharge
any cannon or other fire-,arm of greater calibre than a common
fowling-piece within three hundred yards of any dwelling-house within
the said Colony, to the annoyance of any inhabitant thereof; and every
person who, after being warned of the annoyance by any inhabitant,
shall discharge any such fire-arm, shall be liable to a penalty of not
more
than ten pounds.
6. And be it further enacted and ordained, that every person who
within the said Colony, or the harbour or waters thereof, shall commit
any of the following offences, shall be liable to a penalty of not more
than ten pounds, or in the discretion of the convicting Magistrate to be
imprisoned for any term not exceeding fourteen days
1: Every person who shall knowingly take in exchange from any
seaman or other person, not being the owner or master of any
vessel, anything belonging to any vessel lying in the harbour
or waters aforesaid, or any part of the cargo of such vessel, or
any stores or articles in charge of the owner or master of any
such vessel.
2. Every person who shall unlawfully out, damage, or destroy any of the
ropes,
cables, cordage, tackle, headfasts, or other furniture of or belonging to
any
ship, boat, or vessel lying in the harbour or waters aforesaid, with
intent to
steal or otherwise unlawfully obtain the same or any part thereof.
$. Every person who for the purpose of preventing the seizure or
discovery of any
materials, furniture, stores, or merchandise belonging to, or hAving been
part
of the cargo of Any ship, boat of vessel lying in the harbour or waters
afore-
said, or of any other articles unlawfully obtained from any such ship or
vessel, shall wilfully let fall or throw into the harbour or waters
aforesaid, or
in any, other manner convey away from any ship, boat, or vessel, wharf,
quay, or landing-place, any such article, or who shall be accessory to any
such offence ; and it shall be lawful for any constable to take any such
offender into custody, and to seize and detain any boat in which such
person
shall be found, or out of which any article shall be so let fall, thrown,
or
conveyed away. [Sub-sections 2 and 3 repealed by Ordinance No. 8 of
1879.]
Every person who for the purpose of protecting or preventing
any thing whatsoever from being lawfully seized within the said
Colony or in the harbour or waters thereof, on suspicion of its
being stolen or otherwise unlawfully obtained, or of .preventing
cannon, hC.
not to be fired
near dwelling-
houses.
Prohibiting
offences in
the Colony or
harbour of
Hongkong.
superintendents
and InapectOra
may hoard.
vessels.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
6.
the same from being produced or made to serve as evidence
concerning any felony or misdemeanour committed or supposed.
to have been committed within the said Colony or in the waters
thereof, shall frame or cause to be framed any bill of parcels
containing any false statement in regard to the name or abode:
of any alleged vendor, the quantity or quality of any such thing,-
the place whence or the conveyance by which the same was:
furnished, the price agreed upon or charged for the same, or
any other particular, knowing such statement to be false, or
who shall fraudulently produce such bill of parcels, knowing.
the same to have been fraudulently framed.
Every person who shall, within the said Colony, or in the harbour
or waters thereof, bore, pierce, break, cut open, or otherwise
injure any cask, box, or package, containing wine, spirits, or
other liquors on board any ship, boat, or vessel, or in or upon
any warehouse, wharf, quay, or bank, with intent feloniously
to steal or otherwise unlawfully obtain any part of the contents
thereof, or who shall unlawfully drink or wilfully spill or allow
to run to waste any part of the contents thereof.
Every person who shall, within the said Colony or in the harbour,
or waters thereof, wilfully cause to be broken, pierced, started,
cut, torn, or otherwise injured, any cask, chest, bag, or other
package containing any goods, while on board of any barge,
lighter, or other craft, lying in the harbour or waters aforesaid,
or any quay, creek, wharf, or landing-place adjacent to the same,
or on the way to or from any warehouse, with intent that the
contents of such package or any part thereof may be spilled or,
dropped from such package.
7. And be it further enacted and ordained, that any superintendent or
inspector
belonging to the Police Force shall have power by virtue of his office to
enter at all times,
with such constables as he shall think necessary, as well by night as by
day, into and
upon every ship, boat, or other vessel (not being then actually employed
in Her Majesty's.
service) lying in the harbour or waters aforesaid, and into every part of
such vessel, for
the purpose of inspecting anll upon occasion directing the conduct of any
constable who
may be stationed on board of any such vessel, and of inspecting and
observing the conduct
of all other persons who shall be employed on board of any such vessel in
or about the
lading or unlading thereof, as the case may be, and for the purpose of
taking all such
ra©asures as may be necessary for providing against fire or other
accidents, and preserving
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
peace anal good order on board of any such vessel, and for the effectual
prevention or
detection of any felonies or misdemeanours. Repealed by Ordinance No. 8
of 1879.]
$. And be it further enacted and ordained, that it shall be lawful for
every super- Superintendent,
intendent, inspector, or sergeant belonging to the Police Force, having
just cause to gnse'to Sgusjustpect
Nony, may enter
suspect that any felony has been or is about to be committed in or on
board of any ship, on boarkd vessels
boat, or other vessel lying in the harbour or waters aforesaid, to enter
at all times, as suspected
persona
well by night as by day, into and upon every such ship, boat, or other
vessel, and therein
to take all necessary measures for the effectual prevention or detection
of all felonies
which he has just cause to suspect to have been or to be about to be
committed in or
upon the harbour or waters aforesaid, and to take into custody all
persons suspected' of
being concerned in such felonies, and also to take charge of all property
so suspected to
be stolen. [Repealed by Ordinance No. 8 of 1879.]
9. And be it further enacted and ordained, that every person who Removing
shall remove or carry away any stone or stake driven into the ground as
lava-mars.
a land-mark, or for the purpose of defining or marking the boundaries of
any lot or parcel of ground, shall be liable to a penalty of not more
than five pounds, or, at the discretion of the convicting Magistrate, to
be
imprisoned for any time not exceeding seven days.
10. And be it further enacted and ordained, that every person who wantonly
shall wilfully cut, break damage, injure, or destroy any tree, shrub, or
b'e`ing or
y , y y , injuringtreea,
underwood, whether the property of the Crown or of any private indivi-
dual, or shall wilfully damage, break, or destroy any fence or any wall,
bridge, or embankment; shall be liable to a penalty of not more than ten
pounds, or, in the discretion of the convicting Magistrate, to be impri-
soned for any term not exceeding fourteen days.
11. And be it further enacted and ordained, that every' person who shall
expose or x 08ing for sale
proffer for sale in any market or elsewhere any liquor, meat, fish,
vegetable, or other food, &eIs.
article of food, in a tainted, noxious, adulterated, or unwholesome
state, shall be liable to
a penalty of not more than five pounds, or, in the discretion of the
presiding Magistrate, -
to be imprisoned for any term not more than seven days. (Repealed by
Ordinance No.
17 of 1887.1
12. And be it further'enacted and ordained, that bvery person who
unlawfully
shall have in his possession any spear, bludgeon, or other offensive
poffensive
x
weapon, or any crowbar, picklock, skeleton-key, or other instrument fit
weapons, &e.
for unlawful purposes, with intent to use the same for any such unlawful
purpose, or who shall be unable to give a satisfactory account of his-
possession thereof, shall be liable to a penalty of not more than ten
pounds, or, in the discretion of the presiding Magistrate, to be
imprisoned.
for any term not a)eceeding fourteen days.
ORDINANCE PTO. 14 0io 1$45.
Gbod Ot'iler and Cieanlaltes&.
Behaving 13: And be it further enacted and ordained, that every person who
riotously or
=Idng shall behave in a riotous, noisy, or disorderly manner, or shall use
any
of the
peace, profane or indecent language, or any threatening, abusive; or
insulting
words or behaviour, with intent to provoke a breach of the peace, or
whereby a breach of the peace may be occasioned, shall be liable to a
penalty of not more than five pounds, or, in the discretion of the
convict-
ing Magistrate, to be imprisoned for a term not exceeding seven days:
Improperly 14. And be it further enacted arid ordained, that every person,
not
possessing the ,,
arms or being a constable of the Police Force. who shall have in his
possessioix
clothing, or
assuming the any article being part of the clothing, accoutrements, or
appointments
character of
a policeman, supplied to any such constable, and who shall not be able
satisfactorily
to acco'uiat for his possession thereof, or who shall put on the dress, or
take the dame, designation, or character of any person appointed as such
. ecinstable, for the purpose of thereby obtaining admission into any hbus6
or other place, or of doing or procuring to be done any` act which sudh
pefrson would be entitled to do or procure to be done of his own
authority,
or for any other unlawful purpose, shall, in. addition to any other
pniilsll=
went to which he may be liable for such offence, be liable to a penalty of
riot more thaw ten pounds.
Constables M .kh'd be It furtlieT enacted arid ordained, that it shall b-e
lawful
ma fit any constable belonging to the Police Force, arid for all persons
whom
wk~oae reamer lie shall. call to his assistance, to take into custody
;without variant any
are not pet~on who within view of any such constable shall offend in any
malitiel'
mown. against this Ordinance, and whose name and residence shall be unknown
to such constable, and cannot be ascertained by such constable.
Constables ; 16. And be it further enacted and ordained, that it shall be
lawful
apprehend ' for any constable belonging, to the Police Force to tale into
custody.
without
warrant in without a warrant all loose; idle, and disorderly persons whom
he shall
1certain0cases.' ~ find disturbing the public peace, or whom he shall
have good cause tb
nanece No. 4 0
1885; a. sl.] , suspect of having -committed or being about to commit any
felony, mis-
~; demeanour, or breach ,of the peace; and all persons whom he shall find
between sunset and the hour, of six in the morning lying or loitering m
any highway, yard, or other place; and who cannot give a satisfactory.
` ~ account of themselves.
Swdr to ~ 17: And be it further enacted and ordained, that any person
fouild
pollbe
aongtables committing any offence punishable either upon in.dictriient, or
as a ms-.
and hers°hs. demeanour, upon summary conviction by virtue bf this
Ordinance, mg~
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
be taken into custody without a warrant by any constable, or may be
apprehended by the owner of the property on or with respect to which
the offence shall be committed, or by his servant or any person author-
ized by him, and may be detained until he can be delivered into the
custody of a constable, to be dealt with according to law; and every
such constable may also stop, search, and detain any vessel, boat, cart,
or carriage, in or upon which there shall be reason to suspect that any-
thing stolen or unlawfully obtained may be found, and also any person
who may be reasonably suspected of having or conveying in any man-
ner anything stolen or unlawfully obtained; and any person to whom
any property shall be offered to be sold, pawned, or delivered, if he
shall
have reasonable cause to suspect that any such offence has been com-
mitted with respect to such property, or that, the same or any part there-
of has been stolen or otherwise unlawfully obtained, is hereby authorized,
and if in his power is required, to apprehend and detain, and as soon as
may be to deliver such offender into the custody of a constable, together
with such property, to be dealt with according to law. (Repealed by
Ordinance No. 3 of 1860 so far as it relates to Pawnbrokers.
18. And be it further enacted and ordained, that it shall be lawful
for any constable to stop and detain, until due inquiry can be made, all
persons whom, and all horses, carts, and carriages, or any other animal
or thing which he shall find employed in removing the furniture of any
house or lodging, between the hours of eight in the evening and six in
the following morning, or whenever the constable shall have good grounds
for believing that such removal is made for the purpose of evading the
payment of rent.
19. And be it further enacted and ordained, that it shall be lawful
for any constable belonging to the Police Force to tale into custody,
without a warrant, any person who shall be charged by any other person
with committing any aggravated assault, in every case in which such
constable shall have good reason to believe that suclf assault has been
committed, although not within view of such constable, and that by reason
of the recent commission of the offence a warrant could not have been
obtained for the apprehension of the offender.
20. And be it further enacted and ordained, that whenever any Horses,
aggrieved td
apprehend
certain
offenders.
Removing
furniture to
evade rent.
Persons
charged with
recent
assaults may
be appre-
hended with.
out warrant.
carriages, &c.: -
person having.charge of any horse, cart, carriage, or boat, or any other
of ofEenaerg
animal or thing, shall be taken into custody of any constable under the
det'yaibe
provisions of this Ordinance, it shall be lawful for any constable to take
4,64
Persons
apprehended
without a
warrant to be
taken to the
station-house.
Power to take
recognizances
at station-
honses on
petty charges.
Sower to bind
over persons
making
charges.
ORDINANCE 1\ a. 14 Qg 1845.
Good Order and Cleanline$s.
charge of such horse, cart, carriage, or boat, or such other animal or
thing,,
and to deposit the same in some place of safe custody as a security for
payment of any penalty to which the personf having had charge thereof
may become liable, and for payment o£ any expenses which may havo
been necessarily incurred for taking charge o£ and keeping the same; and,
it shall be lawful for any Magistrate, before whom the case shall have
been heard,, to order such horse, cart, carriage, or boat, or such other
animal or thing, to be sold for the purpose of satisfying such penalty
and:
ren.onalale expenses, in default of payment thereof, in like manner as if
the same had been subject to be distrained, and had been distrained for
the payment of such penalty arid reasonable expenses.
21. And be it further enacted and ordained, that every person taken
into custody by any constable belonging to the Police Force without a
warrant, except persons detained for the mere purpose of ascertaining
their name and residence, shall be forthwith delivered into the custody
of the constable in charge of the nearest station-house, in order that
such
person be scoured until he can be brought before a Magistrate to be dealt
with according to law, or may give bail for his appearance before a Ma-
gistrate, if the constable in charge shall deem it prudent to take bail in
the manner hereinafter mentioned.
22, rind be it further enacted and ordained, that whenever any
person charged with any offence of which he is liable to be summarily
convicted before a Magistrate, or with having carelessly done any hurt
or damage, shall be, without the warrant of a Magistrate, in the custody
of any constable of the Police Force in charge of any station-house, dur-
ing the time- when the Police Courts or Magistrates' offices shall be
shut,
it shall be lawful for such constable, if he shall deem it prudent, to
take
the recognizance of such person, with or without sureties, conditioned as
hereinafter mentioned.
23, And be it further enacted and ordained, that whenever any,
person charged with any felony or any misdemeanour punishable by.
transportation, or any other grave, misdemeanour, shall be, without the
warrant of a Magistrate, in the custody of any constable of the Polio
Force at any station-house; during the time when, the Police Courts or
Magistrates' offices shall be shut, it shall be: lawful, for the
constable:
charge of the station-house to,requ,ire the person making such charge
toenter into, a recognizapce. coaditioned: as hereinafter mentioned; and,
upoza;
ORDINANCE No. 1.4 of 1845.
Good Order and Cleanliness.
his or her refusal so to do, it shall be lawful for such constable, if he
shall deem it prudent, to discharge from custody the person so charged
upon his or her own recognizance, with or without sureties, conditioned
as hereinafter mentioned.
24. And be it further enacted and ordained, that every recogni- Condition
of
recognizance.
zance so taken shall be without fee or reward, and shall be conditioned
for the appearance of a person thereby bound before a Magistrate of the
district in which such station-house shall be situated, at his next
sitting,
and. the time and place of appearing shall be specified in the
recognizance;
and the constable shall enter in a book to be kept for that purpose at
every such station-house, the name, residence, and occupation of the party
and his surety or sureties (if any) entering into such recognizance, to-,
gather. with the condition thereof, and the same thereby acknowledged,
and shall return every such recognizance to the Magistrate present at the
tinie and place when and where the party is bound to appear.
25. And be it further enacted and ordained, that every person who
shall be brought before any Magistrate charged with having in his pos-
session or conveying in any manner any thing which may be reasonably
suspected of being stolen or unlawfully obtained, and who shall not give
an account to the satisfaction of such Magistrate how he came by the
name, shall be deemed guilty of a misdemeanour, and shall be liable to a
penalty of not more than ten pounds, or in the discretion of such Magis-
trate may be imprisoned in any gaol within the Colony aforesaid, with
or without hard labour, for any time not exceeding fourteen days.
26. And be, it further enacted and ordained, that if information
shall be given on oath to any Nlagistrate that there is reasonable cause
for suspecting that any thing stolen or unlawfully obtained is concealed
ar lodged in any dwelling-house or other place, it shall be lawful for
such Magistrate, by special warrant under his hand directed to any cons-
table, to cause every such dwelling-house or other place to be entered
arid searched at any time of the day or by night, if power for that pur-
pose be given by such warrant; ails such Magistrate, if it shall appear
to him necessary, may empower such constable, with such assistance as
ma'-y' be found necessary (such constable having previously made known
sVCh his authority'), to fuse force for the effecting such entry, whether
by
lUreaki'ng open doors o=r bthetwise; and if upon search thereupon made
any such thing shall be found, then to convey the same before a Magic=
Punishment
of persona
suspected of
having or
conqeying .
stolen goods.
Power to
grant search
warrants.
Power to
examine
party from
whom stolen
goods
received.
Power to
order delivery
of foods
stolen or
fraudulently
obtained and
in p ossession
of brokers
and other
dealers in
secondhand
property.
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
trate, or to guard the same on the spot until the offenders are taken be-
fore a Magistrate, or otherwise dispose thereof in some place of safety ;
and moreover to take into custody and carry' before a Magistrate every
person found in such house or place who shall appear to have been privy
to the deposit of any such thing, knowing or having reasonable cause to
suspect the same to have been stolen or otherwise unlawfully obtained.
27, And be it further enacted and ordained, that when any person
shill be brought before any Magistrate charged with having or convey-
ing any thing stolen or unlawfully obtained, and shall declare that he
received the same from some other person, or that he was employed as a
carrier, agent, or servant, to convey the same for some other person, such
Magistrate is hereby authorized and required to cause every such person,
and also if necessary every former or pretended purchaser or other per-
son into whose possession the same shall have passed, to be brought be-
fore him and examined, and to examine witnesses upon oath touching
the same; and if it shall appear to such Magistrate that any .person shall
have had possession of such thing, and had reasonable cause to believe
the same to have been stolen or unlawfully obtained, every such person
shall be deemed guilty of a misdemeanour, and to have had possession of,
such thing at the time and place when and where the same shall have
been found and seized (and the possession of a carrier, agent, or servant
shall be deemed to be the possession of the person who shall have em-
ployed such other person to convey the same); and shall be liable to a
penalty of not more than ten pounds, or in the discretion of the Magis-
trate may be imprisoned in any gaol within the Colony aforesaid, with
or without hard labour, for any time not exceeding three calendar months.
Q$, And be it further enacted and ordained, that if any goods shall
be stolen or unlawfully obtained from any person, or being lawfully.
obtained shall be unlawfully deposited; pawned, pledged, sold, or
exchanged, and complaint .shall be made thereof to any Magistrate, and
that such goods are in the possession of any broker, dealer in marine
stores, or other dealer in second-hand property, or of any person who
shall have advanced money upon the credit of such goods, it shall be
lawful for such Magistrate to issue a summons or warrant for the
appearance of such broker or dealer, and for the production of such goods;
to be delivered up to the owner thereof,: either without payment or upon
payment of such sum and at such time as such Magistrate shall think fit a
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
and every broker or dealer who being so ordered shall refuse or neglect to
deliver up the goods, or who shall dispose of or make away with the same
after notice that such goods sere stolen or unlawfully obtained as
aforesaid,
shall forfeit to the owner of the goods the full value thereof: Provided
always, that no such order shall bar any such broker or dealer from
recover-
ing possession of such goods by suit or action at law from the person into
whose possession they may come by virtue of such Magistrate's order,
provided that such action shall be commenced within six calendar months
next after such order shall be made. [Repealed by Ordinance No. 3' of
1860 so far as it relates to Pawnbrokers.]
29. And be it further enacted and ordained, that it shall be lawful
for any Magistrate to order that any goods unlawfully pawned, pledged,
or exchanged, which shall be brought before him, and the ownership of
which shall be established to the satisfaction of such Magistrate, shall
be
delivered up to the owner by the party with whom they were so unlaw-
fully pawned, pledged, or exchanged, either without compensation or with
such compensation to the party in question as the Magistrate may think
fit. [.Repealed by Ordinance No. 3 of 1860 so far as it relates to Pawn-
brokers.]
30. And be it further enacted and ordained, that after the passing
of this Ordinance every pawnbroker within the said Colony, and every
agent or servant employed by any such pawnbroker, who shall purchase,
or receive, or take any goods or chattels in pawn or pledge of or from
any person apparently under the age of twelve years, shall be liable to a
penalty of not more than ten pounds. [Repealed by Ordinance No. 3 of
1860 so far as it relates to Pawnbrokers.]
31. And be it enacted and ordained, that when any goods or money
charged to be stolen or unlawfully obtained, and of which the owner
shall be unknown, shall be ordered by any Magistrate to be delivered to
the Superintendent of Police, it shall be lawful for such Magistrate,
after
the expiration of twelve calendar months during which no owner shall
have appeared to claim the same, to order such goods or money to be
sold or disposed of towards defraying the expenses of the Police Force.
-32. And whereas informations are often laid for the mere sake of Amends
may awarde
gain, or by parties not truly aggrieved, and the offences charged in
such bfor frivolous
informations are not further prosecuted, or it appears upon
prosecution information.
Oat there was no' sufficient ground for making the charge: Be it enact-
rower to
order
restoration of
property
unlawfully
pawned, &c.
Penalty ou
pawnbrokers
receiving
pledges from
persons under
the age of
twelve pears.
Unclaimed
stolen goods
delivered to
the Superin-
tendent of
Police may be
sold after
twelpe
months.
Penalty on
common
informers for
compounding
information.
second
offence.
ORDINANCE No. 14 of 184.
Good Order and Cleanliness.
ed and ordained, that in every case in which any information or com-
plaint of any offence shall be laid before any Magistrate and shall not be
further prosecuted, or in which, if further prosecuted, it shall appear to
the Magistrate by whom the case shall be heard, that there was no suf-
ficient ground for making the charge, the Magistrate shall have power to
award such amends, not exceeding the sum of ten pounds, to be paid by
the informer to the party informed or complained against, for his loss of
time and expenses in the matter, as to the Magistrate shall seem meet.
.`33. And be it further enacted and ordained, that in case any
person shall lodge any information before any Magistrate for any offence
alleged to have been committed, by which he was not personally aggrieved,
and shall afterwards directly or indirectly receive without the permission
of a. Magistrate any sure of money or other reward for compounding;
delaying, or withdrawing the information, it shall be lawful for any Ma-
gistrate to issue his warrant or summons, as he may deem best, for
bringing before him the party charged with the offence of such com=
pounding, delay, or withdrawal; and if such offence be proved by the
confession of the party or by the oath of any credible witness, such in-
former shall be liable to a penalty of not more than ten pounds. .
Pbwor to
'I'r delivery
rCg-ods
charged
have beeto
n
stolen or '
fraudulently
obtained, and
in cuaCodg of
a constable.
34. And be it further enacted and ordained, that for every second
or subsequent offence under this Ordinance the offender shall be liable at
the discretion of the convicting Magistrate to a penalty in double the
amount or to be imprisoned with or without hard labour for any length
of time not more than fourteen days where the pecuniary penalty imposed
for the first offence does not exceed five pounds, and for any time not
more than one calendar month where the pecuniary penalty imposed for
the first offence does not exceed ten pounds.
36, And be it further enacted and ordained, that if any goods or
money charged to be stolen or fraudulently obtained shall be in the
custody of any constable by virtue o£ any warrant of a- Magistrate, or, in
prosecution of any charge of felons or misdemeanour in regard to the
obtaining thereof, and the person charged with stealing or obtaining
possession as aforesaid shall not be found, or shall have 'been sum=
marily convicted or discharged, or shall have been tried and acquitted.,
or i£ such person shall have been tried and found guilty, but the pro-
perty so in custody shall not have been included in any indictment or
information upon which be shall have been found guilty, it shall : b
ORDINANCE No. 14 of 1845.
Good Order aged Cleanliness.
lawful for any :Magistrate to make an order for the delivery of such
goods or money to the party who shall appear to be the rightful owner
thereof, or in case the owner cannot be ascertained, then to make such
order with respect to such goods or money as to such Magistrate shall
seem meet: Provided always that no such order shall be any bar to the
right of any person or persons to sue the party to whom such goods or
money shall be delivered, and to recover such goods or money from him
;by ~ action at law, provided that such action shall be commenced within
six calendar months next after such order shall be made.
36. And be it further enacted and ordained, that any Magistrate,
if he shall think fit, may remand any person who shall be charged be-
fore him with any felony or misdemeanour upon his personal recogni-
zance (with or without sureties), and every such recognizance shall be
conditioned for the appearance of such person before the same or some
other Magistrate, for further examination, or to surrender himself to
take his trial at the Supreme Court, at a day and place to be therein
mentioned, and the Magistrate shall be at liberty from time to time to
enlarge every such recognizance to such further time as he shall appoint,
and every such recognizance which shall not be enlarged shall be dis-
charged without fee or reward, when the party shall have appeared ac-
cording to the condition thereof: Provided always, that when any Ma-
gistrate shall take the recognizance of any person to appear at the Su-
preme Court, the Magistrate shall be bound to return the depositions
taken in the case and to bind over the witnesses to appear and give evi-
dence in like manner as if he had committed the party to take his trial
at such Court.
. And be it further enacted and ordained, that it shall be
lawful for the Superintendent or other officer of Police to ~ require any
person whose duty it shall be to remove any filth or obstruction,
or to do any other matter or thing required to be done by this Ordi-
nance, so to do within a certain time to be then fixed by the said
superintendent or other officer, and that in default of such requisition
being complied with, the said Superintendent or other officer shall and
may cause to be removed such filth or obstruction, or do or cause to be
done such other matter or thing as aforesaid; and it shall be lawful for
the Magistrate before whom the offender shall have been convicted to
order and adjudge such offender, in addition to the penalties hereinbefore
Power to
remand or
enlarge pri
Boners on re-
cognizances.
Expenses of
removing
obstruction,
&e. [See
Ord, No. 8 of
1858 a. 17 and
Ord. No. 12
of 1866 s. 12.]
ORDINANCE No. 14 of 184.
Good Order and Cleanliness.
imposed, to pay such sum of money for defraying the expenses of such
removal, or of doing such other matter or thing as to such Magistrate
shall seem just and reasonable; and the Am so ordered and adjudged
shall be recoverable in the manner hereinafter provided for the recovery
of penalties imposed by this Ordinance.
Uompensa- 38, And be it further enacted and ordained, that every person
who,
o laam~ by committing any offence herein forbidden within the said Colony,
sh~ht
have caused any hurt or damage to any person or property, may be
apprehended with or without any warrant by any constable belonging to
the Police Force, and if he shall not, upon demand, make amends for
such hurt or damage to the satisfaction of the person aggrieved, he shall
be detained by such constable in order to be taken before a Magistrate-,
and upon conviction shall pay such a sum, not exceeding ten pounds, as
shall appear to the Magistrate before whom he shall be convicted to be
reasonable amends to the person aggrieved, besides any penalty to which
he may be liable for the offence; and the evidence of the person aggrieved
shall be admissible in proof of the offence.
Nottoprevent 39. Provided always, and be it further enacted and ordained,
that
indictment or
action, nothing herein contained shall be construed to prevent any person
from
being indicted or being proceeded against by indictment or information
for any indictable offence made punishable on summary conviction by
this Ordinance, or to prevent any person from being liable to be
proceeded',
against by action for any hurt or damage caused by him, provided ne-
vertheless that no person be punished twice for the same offence, and
provided no compensation shall have been awarded for such hart ox
damage.
Recovery of
penalties.
Imprisonment on
non-payment of
penalties.
40. And be it further enacted and ordained, that the penalties im.
posed by this Ordinance shall be recovered in a summary manner under
and according to the provisions of an ordinance made and passed on the
tenth day of April in the year of our Lord one thousand eight hundred
and forty-four, and numbered 10, entitled, .,4n Ordinance to regulate sum-
mary Proceedings before Justices of die Peace, and to protect Justices in
the
Execution of their Office.
41. And be it further enacted and ordained, that in every case of the
adjudicatlo'fi
of a pecuniary penalty or amends under this Ordinance, and non-payment
thereof; %t
shall be lawful for the Magistrate to imprison the offender for i;, term
of not moreal
ORDINANCE No. 14 of 1845.
Good Order and Cleanliness.
seven days where the penalty imposed shall not exceed five pounds, and
not more than
fourteen days where the penalty imposed shall not exceed ten pounds, the
imprisonment
to cease on payment of the sum due. a Repealed by Ordinance No. 6 of
1862.]
42. And be it further enacted and ordained, that in the
construction Meaning of
the word
of this Ordinance, the word 'Magistrate' shall be taken to mean and
Magistrate.
include every assistant Maaistrate, and also every Justice of the Peace
acting in and for any district or place within the Colony of Hongkong.
`' 43. And be it further enacted and ordained, that in the construction
General inter.
of this Ordinance, unless there be something in the context repumnant
cia, se en
thereto, any word denoting the singular number and male sex shhll be
taken to extend to any number of persons or things and to both sexes.
Regulations under which Verandahs may be constructed in the City oj'
Victoria
projecting over or supported upon any Road, Street, or Pablic
Thoroughfare the property of the Crown made the 28th,
and gazetted 30th December, 1854.
Verandahs upon the Queen's Road extending from Hollywood Road,
Taipingshan to the see see. 9, ~.., o.
Albany Godowns may be supported upon stone or timber pillars which shall
not be more than
twelve inches square, and so that a passage of not less than eight feet
six inches may be kept clear
for the public between the wall of the house or premises and the inside
face of the support or pillar
which shall range in an uniform manner with the edge or curb stone of the
foot-path.
The height of the pillars shall not be less than eleven feet, upon which
the joisting forming the
floor of the verandah may be placed, which is to be coiled in the usual
manner with planking
trellis-work or plaster to suit the taste of the builder, and the
thoroughfare under the same is to be
kept free from any obstruction whatsoever, that the public may not be
incommoded thereby.
The verandahs either upon the ground floor or upper stories shall be
enclosed in no other
manner than by venetians at the upper portions of the pillars, for a
depth of not more than five feet,
or so as to leave a clear space of seven feet six inches from the floor
to the under-side of the same.
These verandahs upon any story shall not be used as bath-rooms,
water-closets, nor for any
purpose whatsoever whereby the public may be inconvenienced.
The verandahs projecting over any other street or thoroughfare than the
Queen's Road can
only be supported from the walls of the premises adjoining. The floor
shall not be less than ten
feet in the clear from the surface of the foot-path, and the projection
is to be equal to the width of
the same, and on no account will permission be given to enclose any
portion except in the manner
detailed before for the Queen's Road.
The work is to be executed in a neat and substantial manner and to the
perfect satisfaction of
the Surveyor General, who may at any time stop the progress of the work
if he considers the same
any infringement upon the foregoing regulations; and any person who
wilfully neglects to make
such alterations or amendments as the said Surveyor General may direct
will be liable to the
penalties described in Ordinance No. 14 of 1845 sec. 5.
Any further information with regard to the width of the verandahs in any
street or thoroughfare
or upon any other matter connected therewith may be obtained upon a
written application to the
Surveyor General.
Nome.-See Ordinance No. 15 of 189 Section 36 and ,Schedule B.
153
Title.
Preamble. [For construction of the Ordinance see Ordinance No. 12 of 1856.]
Oridnance No. 5 of 1844 repealed.
Prohibiting nuisances in thorough-fares.
[See Ord. No. 15 of 1889 ss. 36 & 77.]
[ * See Ord. No. 6 of 1862.]
Prohibiting other nuisances, &c.
[ See Ord. No. 15 of 1889 sec. 58.]
Dogs mad or straying, &c.
Cannon, &c. not to be fired neared dwelling-houses.
Prohibiting offences in the Colony or harbour of Hongkong.
Superintendents and inspectors may board vessels.
Superintendent, &c. having just cause to suspect felony, may enter on board vessels and take up suspected persons.
Removing land-marks.
Wantonly breaking or injuring trees, fences. &c.
Exposing for sale unwholesome food, &c.
Unlawfully possessing offensive weapons, &c.
Behaving riotously or provoking breach of the peace.
Improperly possessing the arms or clothing, assuming the character of a policeman, &c.
Constables may apprehend any offender whose name and residence are not known.
Constables may apprehend without warrant in certain cases. [See Ordinance No. 4 of 1865, s. 61.]
Power to police constables and persons.
aggrieved to apprehend certain offenders.
Removing furniture to evade rent.
Perosns charged with recent assaults may be apprehended without warrant.
Horses, carriages, &c., of offenders may be detained.
Persons apprehended without a warrant to be taken to the station-house.
Power to taken recognizances at station-houses on petty charges.
Power to bind over persons making charges.
Condition of recognizance.
Punishment of persons suspected of having or conveying stolen goods.
Power to grant search warrants.
Power to examine party from whom stolen goods received.
Power to order delivery of goods stolen ro fraudulently obtained and in possession of brokers and other dealers in second-hand property.
Power to order restoration of property unlawfully pawned, &c.
Penalty on pawnbrokers receiving pledges from persons under the age of twelve years.
Unclaimed stolen goods delivered to the Superintendent o Police may be sold after twelve months.
Amends may be awarded for frivolous information.
Pnealty on common informers for compounding information. Second offence.
Power to order delivery of goods charged to have been stolen or fraudulently obtained, and in custody of a constable.
Power to remand or enlarge prisoners on recognizances.
Expenses of removing obstruction, &c. [See Ord. No. 8 of 1865 s.17 and ord. No. 12 of 1856 s. 12.] Compensation for hurt or damage.
Not to prevent indictment or action.
Recovery of penalties.
Imprisonment on non-payment of penalties. Meaning of the word Magistrate.
Gerneral interpretation clause.
See sec. 2,
Abstract
153
Title.
Preamble. [For construction of the Ordinance see Ordinance No. 12 of 1856.]
Oridnance No. 5 of 1844 repealed.
Prohibiting nuisances in thorough-fares.
[See Ord. No. 15 of 1889 ss. 36 & 77.]
[ * See Ord. No. 6 of 1862.]
Prohibiting other nuisances, &c.
[ See Ord. No. 15 of 1889 sec. 58.]
Dogs mad or straying, &c.
Cannon, &c. not to be fired neared dwelling-houses.
Prohibiting offences in the Colony or harbour of Hongkong.
Superintendents and inspectors may board vessels.
Superintendent, &c. having just cause to suspect felony, may enter on board vessels and take up suspected persons.
Removing land-marks.
Wantonly breaking or injuring trees, fences. &c.
Exposing for sale unwholesome food, &c.
Unlawfully possessing offensive weapons, &c.
Behaving riotously or provoking breach of the peace.
Improperly possessing the arms or clothing, assuming the character of a policeman, &c.
Constables may apprehend any offender whose name and residence are not known.
Constables may apprehend without warrant in certain cases. [See Ordinance No. 4 of 1865, s. 61.]
Power to police constables and persons.
aggrieved to apprehend certain offenders.
Removing furniture to evade rent.
Perosns charged with recent assaults may be apprehended without warrant.
Horses, carriages, &c., of offenders may be detained.
Persons apprehended without a warrant to be taken to the station-house.
Power to taken recognizances at station-houses on petty charges.
Power to bind over persons making charges.
Condition of recognizance.
Punishment of persons suspected of having or conveying stolen goods.
Power to grant search warrants.
Power to examine party from whom stolen goods received.
Power to order delivery of goods stolen ro fraudulently obtained and in possession of brokers and other dealers in second-hand property.
Power to order restoration of property unlawfully pawned, &c.
Penalty on pawnbrokers receiving pledges from persons under the age of twelve years.
Unclaimed stolen goods delivered to the Superintendent o Police may be sold after twelve months.
Amends may be awarded for frivolous information.
Pnealty on common informers for compounding information. Second offence.
Power to order delivery of goods charged to have been stolen or fraudulently obtained, and in custody of a constable.
Power to remand or enlarge prisoners on recognizances.
Expenses of removing obstruction, &c. [See Ord. No. 8 of 1865 s.17 and ord. No. 12 of 1856 s. 12.] Compensation for hurt or damage.
Not to prevent indictment or action.
Recovery of penalties.
Imprisonment on non-payment of penalties. Meaning of the word Magistrate.
Gerneral interpretation clause.
See sec. 2,
Title.
Preamble. [For construction of the Ordinance see Ordinance No. 12 of 1856.]
Oridnance No. 5 of 1844 repealed.
Prohibiting nuisances in thorough-fares.
[See Ord. No. 15 of 1889 ss. 36 & 77.]
[ * See Ord. No. 6 of 1862.]
Prohibiting other nuisances, &c.
[ See Ord. No. 15 of 1889 sec. 58.]
Dogs mad or straying, &c.
Cannon, &c. not to be fired neared dwelling-houses.
Prohibiting offences in the Colony or harbour of Hongkong.
Superintendents and inspectors may board vessels.
Superintendent, &c. having just cause to suspect felony, may enter on board vessels and take up suspected persons.
Removing land-marks.
Wantonly breaking or injuring trees, fences. &c.
Exposing for sale unwholesome food, &c.
Unlawfully possessing offensive weapons, &c.
Behaving riotously or provoking breach of the peace.
Improperly possessing the arms or clothing, assuming the character of a policeman, &c.
Constables may apprehend any offender whose name and residence are not known.
Constables may apprehend without warrant in certain cases. [See Ordinance No. 4 of 1865, s. 61.]
Power to police constables and persons.
aggrieved to apprehend certain offenders.
Removing furniture to evade rent.
Perosns charged with recent assaults may be apprehended without warrant.
Horses, carriages, &c., of offenders may be detained.
Persons apprehended without a warrant to be taken to the station-house.
Power to taken recognizances at station-houses on petty charges.
Power to bind over persons making charges.
Condition of recognizance.
Punishment of persons suspected of having or conveying stolen goods.
Power to grant search warrants.
Power to examine party from whom stolen goods received.
Power to order delivery of goods stolen ro fraudulently obtained and in possession of brokers and other dealers in second-hand property.
Power to order restoration of property unlawfully pawned, &c.
Penalty on pawnbrokers receiving pledges from persons under the age of twelve years.
Unclaimed stolen goods delivered to the Superintendent o Police may be sold after twelve months.
Amends may be awarded for frivolous information.
Pnealty on common informers for compounding information. Second offence.
Power to order delivery of goods charged to have been stolen or fraudulently obtained, and in custody of a constable.
Power to remand or enlarge prisoners on recognizances.
Expenses of removing obstruction, &c. [See Ord. No. 8 of 1865 s.17 and ord. No. 12 of 1856 s. 12.] Compensation for hurt or damage.
Not to prevent indictment or action.
Recovery of penalties.
Imprisonment on non-payment of penalties. Meaning of the word Magistrate.
Gerneral interpretation clause.
See sec. 2,
Identifier
https://oelawhk.lib.hku.hk/items/show/40
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 14 of 1845
Number of Pages
19
Files
Collection
Historical Laws of Hong Kong Online
Citation
“GOOD ORDER AND CLEANLINESS ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 9, 2024, https://oelawhk.lib.hku.hk/items/show/40.
