REGISTRATION AND CENSUS ORDINANCE

REGISTRATION AND CENSUS ORDINANCE

ORDINANCE No. 7 of 1846.

Registration arid Census.

No. 7 of 1846.

An Ordinance to repeal Ofldinance No. 18 of 1844, and to establish a
Title.
more effectual Registry of the Chinese Inhabitants, and a Census of
the Population of the Island of Hongkong.

[31st December, 1846.

WHEREAS the islands, ports, harbours, coasts, and places near and
adjacent to rreamble.
the Island of Hongkong and its dependencies are infested by pirates and
robbers; and whereas it is necessary for the protection of the lives and
property oithe
inhabitants of this Colony, and in order the more effectually to prevent
crime, that such
pirates and robbers, and other persons of notoriously bad character,
should not be
permitted to resort to or reside in the said Colony, and it is deemed
expedient to repeal
Ordinance No. 18 of 13th November 1844, entitled, °` An Ordinance to
repeal Ordinance
No. 16 of 1844, and to establish a Registry and Census of the Inhabitants
of the Island
of Hongkong,' and to substitute other rules and regulations in lieu
thereof:

1. Be it therefore enacted and ordained by His Excellency the Governor of
Hong.
kong, by and with the advice of the Legislative Council of the said
Colony, that the
said Ordinance No. 18 of the year 1844 be, and the same is hereby
repealed, save and
except that the office thereby established, and therein called '° The
Census and Regis.
tration Office,' shall continue for the purposes hereinafter mentioned,
and the duties
and business thereof shall be discharged alld performed by a Registrar
General and
other officers and assistants to be nominated by His Excellency the
Governor, and
which oaid Registrar General, officers, and assistants shall receive such
salary and
salaries as His Excellency the Governor in Council may be pleased to
appoint subject
to Her Majesty's pleasure.

2. And be it further enacted and ordained, that after the passing of this
Ordi. naties of
nance, the Registrar General appointed by OrdinanceNo.18 of 1844, or to
be appointed Gegneral. r
under this Ordinance, shall, while he continues to act as such Registrar
General, be
joint Superintendent of Police, a Justice of the Peace, and Protector of
Chinese
inhabitants in the said Colony; and that it shall be his duty to use his
best endeavours
to .prevent the commission of crime, and to discover and apprehend the
perpetrators
thereof, and generally to protect the Chinese inhabitants of this Colony;
and for the
purposes, of this Ordinance the said Registrar General is hereby
authorised at any time
or times to enter any house or boat within the Colony or adjacent waters
wholly or
partly inhabited or manned by Chinese.
3. And be it further enacted and ordained, that it shall and may be
lawful for the Registrar
General by
said Registrar General, with the sanction of His Excellency the Governor,
or Officer alreccuQn,0.tbo
overnor
Administering the Government for the time being, to divide the Colony of
Hongkong det~oAY
ert t.
into districts,; and that the officers appointed under Ordinance No. 13
of 1844, and
therein ;called Paouchong arid Paoukea, shall be obedient to the orders
of ;the said

Repeal of
.ordinance No. 48
of 1841.
X08 77777-7-

ORDINANCE No. 7 OF 1846.

Registration and Census.

Registrar General, and shall at all times make such returns and do all
other things for
the purposes of this Ordinance as shall be required of them by the said
Registrar
General, under a penalty, of not more than one hundred dollars.

4. And whereas, for the purpose of giving greater facility to the
carrying out the
intentions of this Ordinance, it is necessary and expedient that all the
houses in the
Colony of Hongkong inhabited by Chinese be numbered: Be it therefore
enacted and
ordained, that every Chinese householder shall cause to be affixed to his
house a painted
number of such description, and in such manner as the Registrar General
shall direct,
under a penalty not exceeding forty dollars.

Tickets to 5. And be it further enacted and ordained, that for the benefit
and protection of
Chinese
householders. the well-disposed and honest Chinese inhabitants of the
Colony, every such house-
holder shall receive a ticket in English, signed by the Registrar
General, containing
such particulars as the Registrar General shall deem expedient, which
ticket shall be
produced when required, under a penalty not exceeding twenty dollars.
Householder to 6. And be it further enacted and ordained, that every such
householder shall canes
issue tickets to
all reeidenteon- to be hung up and exhibited in some conspicuous part of
his house, a board inscribed
with a true and accurate list of all persons resident therein, and shall
deliver to every
person so residing or living in his house, a ticket sealed with his seal,
and containing
such particulars and of such form as the said Registrar General shall
direct, under a
penalty of not more than twenty dollars, and which said ticket shall be
given up to and
cancelled by such householder, whenever such person or persons so
residing or living
in leis house shall cease to do so; and the possession of such ticket by
any person
whomsoever shall be prima facie evidence of its delivery by such
householder; and if
any such householder shall deliver any such ticket to a person of
notoriously bad
character, or if any person while resident in the house of such
householder without such
ticket, shall be convicted on the oaths of one or more credible witnesses
of felony, then
and in any ox either of such cases, such householder shall be liable to a
penalty of not
more than twenty dollars: Provided alwaysthat the penalty last above
mentioned shall
not be levied where such householder shall bring, or use his best
exertions to bring, the

offender or offenders to justice.

Householder to 7. And be it further enacted and ordained, that every such
householder shall at all
garnish Registrar
General with awtimes give the said Registrar General such information as
be may require of him- for
required -
information, and any o£ the purposes of this Ordinance; and shall also
report to the Chinese officer -of

to=e district the district in which he shall reside, all marriages,
births, deaths, and every change
o~cer hihomcheanges in
connected with any person or persons whatsoever arriving in or departing
'from, hire
house, under a penalty of not more~than twenty dollars.

11egietrationof 8. And be it further enacted and ordained, that for the
benefit and protection of:
Ch~esB servants
in European the European residents of this Colony, every Chinese domestic
servant, artificer, or
eraploy.
workman residing on the premises of and employed by Europeans, shall,' on
producing
to the Registrar General a certificate from his employer or employers,
and having-
ORD1NANCE No.

7 of 1846.

Registration and Census.

obtained Chinese security to his or their satisfaction, be furnished with
a registration
ticket by the Registrar General containing such particulars as may be
expedient, and
that the absence of such registration ticket after the tenth day of
service shall render
such domestic servant, artificer, or workman liable to a fine of twenty
dollars.

9. And be it further enacted and ordained, that every such Chinese
domestic
'servant, artificer, or workman having obtained a registration ticket as
aforesaid, shall
deliver the same to his master or employer, and the said registration
ticket shall be
returned to him duly endorsed by the master or employer whenever the term
of service
shall expire: Provided always that if such domestic servant, artificer,
or workman shall
leave his master or employer without permission, or shall so misconduct
himself as to
be dismissed, then the said master or employer shall deliver the
servant's registration
ticket to the Registrar General, with the cause of such domestic servant,
artificer, or
workman leaving his service endorsed thereon.

10. And be it further enacted and ordained, that after the date of the
passing of
this Ordinance it shall not be lawful for any person or persons to hawk
goods er wares
of any description whatsoever on the streets or roads of the Colony under
a penalty of
not more than twenty dollars, unless specially permitted to do so by the
said Registrar
General, who shall enquire into the character and receive proper security
for the' good
conduct of such hawker, before such permission shall be so granted,.and
that the said
permission may at any time be forfeited on conviction of any offence
before a Police
Magistrate.

. 11. And be it further enacted and ordained, that every Chinese boat, or
vessel
plying for hire within the waters of this Colony, or 'carrying passengers
between this
Colony and the neighbouring ports, shall obtain from the Registrar
General a certificate
of such form and under such security as to him shall seem fit, upon
payment of a fee
according to size as in tho schedule hereunto annexed marked A; and while
in the
waters of this Colony such boat or vessel shall carry on each bow and on
the stern the
number of its register ticket, painted on wood or tin, which number shall
be supplied
by the Registrar General; and if any person, being owner or master of
such boat or
vessel, shall let to hire or ply, or cause to be let to hire or plied,
any such boat or vessel
within the waters of this Colony, without having first applied for and
obtained such
certificate of registry, or having obtained such certificate, shall not
have affixed the
number thereof on the bows and stern of such boat or vessel as aforesaid,
or shall shew
a false certificate of registry, or one granted to another vessel, or
shall permit or
connive at the said certificate being made use of for any other vessel,
or shall paint or
exhibit a false number on the said boat or vessel, or shall refuse to
shew such certificate
of registry to any person when so required, be or they shall in any or
either of such
cases for every such offence forfeit and pay a sum not exceeding fifty
dollars, and be
liable to confiscation of the boat on non-payment of the fine; Provided
that these
provisions sbalLin no case apply to vessels visiting the Colony for the
purposes of
iraae.

Domestic
'servants, &c., to
deliver their
r't ti
e I on
ticTsettra&to their
employer, &c.

Prohibition of
turegistered
hawkers.

Chinese boats,
Sac. to be
registered.
[xee Ordinance
71 'o. 8'bJ 1847.]

Number of
registry ticket to
be axed to
each boat.

Penalty'on boat
owners.
Census.

ORDINANCE No. ; of 1846.

Registration and Census.

Squatters on 12. And be it further enacted and ordained, that from and
after the passing of
Crown Isade.
this Ordinance any, person who shall reside or continue to reside on the
Crown lands
in this Colony without permission from the Registrar General, or shall
erect Amy
dwelling-house, mat-shed, or other building thereon, shall be liable to a
penalty of not
more that fifty dollars and the removal of his house or shed, in
accordance with the
provisions of Ordinance No. 14 of 1845, called '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.'
'epiciona 13. And be it further enacted and ordained, that it shall and
may be lawful for
fl a security for any Police Magistrate to cause any person being a
Chinese who shall be brought before
their appearance
within twelve him, to find reasonable security for his appearance at any
time within twelve months,
months.
whenever he may be required to give evidence in any judicial proceedings,
or answer
any charge that may be preferred against him ; and in case such person
shall fail to
find such security, and shall not be a permanent resident in the Colony,
such Police
Magistrate may order such person to leave the Colony and not return
thereto, under
a penalty of not more than fifty dollars or three months' imprisonment
with or without
hard labour.

Penalty for 14. And be it further enacted and ordained, that every Chinese
who shall not
non-possession of
a re retry tiexat, possess a xegistry ticket in conformity with the
provisions of this Ordinance, or shall
or inneringcement wilfully conceal or falsify the particulars of any
information required of him for the
of any of the
classes of this of this Ordinance or shall give a false name or
description or shall transfer
Ordinance. purposes or lend his registration ticket to any other person,
or shall wear or chew the registration
ticket of another as his own, for the purpose of evading the provisions
of this Ordinance,
F
or shall in any way infringe the provisions of this Ordinance, he shall,
where no other
penalty is hereinbefore specially provided, be liable to a penalty not
exceeding fifty
dollars for any and every such offence: Provided that nothing herein
contained shall
apply to any trader or other person coming to or going from this Colony
for any lawful
occasion, should he be able to give a respectable reference if required.
Recovery 0f 15. And be it further enacted and ordained, that any person
who may enter into
forfeftnree and
penalties. any security to be taken by the Registrar General or by any
Police Magistrate under
this Ordinance which shall become forfeited in its conditions, such
person shall by such
forfeiture be considered to have incurred a penalty of not more than the
amount of
such security, which penalty shall be recovered with all or any of the
other penalties
mentioned in this Ordinance in a summary manner, before any Police
Magistrate;
under the provisions of Ordinance No. 10 of 1844; Provided always that
the penalty
of imprisonment shall not in any case attach to the violation of any of
the provisions
hereinafter contained respecting the returns to be made by any
householder for the
purpose of any census so required as hereinafter mentioned.

16. And be it further enacted and ordained, that for the purposes of the
censers,
the said Registrar General or such other officer so to be appointed as
aforesaid i;,
ORDINANCE No. 7 of 1846.

Registration and Census.

when and so often as be may be directed by the Governor and Executive
Council,
cause to be delivered or left at the residence or place of business of
any or every
householder or householders, being Europeans, natives of India, or
otherwise, a blank
return to be filled up before a certain day to be therein named, with the
names and
number of persons in his or their employ, or residing within his or their
house of
houses, or in his or their premises, and shall in every such return
distinguish and
describe the name, sex, country, and occupation of every person so
resident, and also
whether any and which of them be either aliens or resident strangers; and
that on or
after the said day named in the said blank return, the said householder
ox householders
is and are hereby required to transmit the said return or deliver the
same on demand
within five days after its being left at such residence or place of
business, as aforesaid,
so filled up, to the said Registrar General, or such other officer so to
be appointed as
aforesaid, and on failure to do so, the said householder or householders
shall be liable

to a,penalty not exceeding fifty dollars.

17. And be it further enacted and ordained, that for the purposes of
this interpretation
clause.

Ordinance the term householder shall be taken to mean the person acting
as master of the
house for the time being, or should he not be found after due enquiry
made, the owner
of the house, or the agent or person acting for the owner of the house,
being Chinese,
and where a house is tenanted by several individuals as partners or
otherwise, then any
ox e of the said partners or individuals: and the term house shall be
understood to
mean any dwelling-house, shop, outhouse, or other building whatsoever;
and the term
European shall be taken to mean all persons other than Chinese; and the
term Chinese
shall be taken to mean all natives of China or Chinese natives of
Hongkong or
elsewhere; and .every word importing the singular number only shall
extend and be
applied to several persona as well as one person; and every word
importing the
masculine gender only shall extend and be applied to a female as well as
a male, unless
where such rule of interpretation shall be inconsistent with the contest
of this
Ordinance.

Returns to be
made by
householders.

SCHEDULE A.

Large Fast Boats ... ...
Middle Sized do . ...

Small ., do.... ... ...
Sampans ... ... ...

Repealed by Ordinance 'No. 6 of 1857.E

10.00 annually.

3.00 ,.
0.50
Title.
Preamble.
Repeal of Ordinance No. 18 of 1844.
Duties of Registrar General.
Registrar General by direction of the Governor may divide the Colony into districts.
Numbering of Chinese houses.
Tickets to Chinese householders.
Householder to issue tickets to all residents on his premises, &c.
Householder to furnish Registrar General with all required information, and report Chinese district officer changes in his house.
Registration of Chinese servants in European employ.
Domestic servants, &c., to deliver their registration tickets to their employer, &c.
Prohibition of unregistered hawkers.
Chinese boats, &c. to be registered. [See Ordinance No. 3 of 1847.]
Number of registry ticket to be affixed to each boat.
Penalty on boat owners.
Squatters on Crown lands.
Suspicious characters to find security for their appearance within twelve months.
Penalty for non-possession of a registry ticket, and for evasion or infringement of any of the clauses of this Ordinance.
Recovery of forfeitures and penalties.
Census.
Returns to be made by householders.
Interpretation clause.

Title.
Preamble.
Repeal of Ordinance No. 18 of 1844.
Duties of Registrar General.
Registrar General by direction of the Governor may divide the Colony into districts.
Numbering of Chinese houses.
Tickets to Chinese householders.
Householder to issue tickets to all residents on his premises, &c.
Householder to furnish Registrar General with all required information, and report Chinese district officer changes in his house.
Registration of Chinese servants in European employ.
Domestic servants, &c., to deliver their registration tickets to their employer, &c.
Prohibition of unregistered hawkers.
Chinese boats, &c. to be registered. [See Ordinance No. 3 of 1847.]
Number of registry ticket to be affixed to each boat.
Penalty on boat owners.
Squatters on Crown lands.
Suspicious characters to find security for their appearance within twelve months.
Penalty for non-possession of a registry ticket, and for evasion or infringement of any of the clauses of this Ordinance.
Recovery of forfeitures and penalties.
Census.
Returns to be made by householders.
Interpretation clause.

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