SLAVERY ORDINANCE

SLAVERY ORDINANCE

ORDINANCE No. 1 of 1844.

Slavery.

No. 1 of 1844.

An Ordinance to define the law relating to slavery in Hongkong.

[28th February, 1844.]

WHEREAS it is expedient to define and promulgate the law respecting slavery
in the Colony of Hongkong.

1. Be it therefore enacted and declared by the Governor of Hongkong, with the
advice of the Legislative Council thereof, that the laws of England prohibitory of
slavery, together with the punishments and penalties provided therein, shall be in full
virtue and operation and shall be duly enforced and infiicted in the said Colony, save
as hereinafter excepted.

2. And be it enacted, that every one whatsoever using or treating, or attempting
to use or treat, any person as a slave in Hongkong, shall upon conviction thereof
before the Chief Magistrate of Police of Hongkong, or before such Court of Justice as
may hereafter be established in Hongkong, be liable to be imprisoned for any period
not exceeding two years, with or without- hard labour and corporal punishment, and
shall forfeit to Her Majesty Her Heirs and Successors, for the public uses of the said
Colony of Hongkong, such sum not exceeding five hundred dollars for each offence,
and also such other additional sum not exceeding two hundred dollars to be paid to
any person giving information of the said offence, as shall be adjudged by the said
Chief Magistrate or Court aforesaid.
3. And be it enacted that if any person, not being a subject of Her Majesty,
shall come within the precincts of the Colony of Hongkong, bringing with him any
person previously a slave, and shall not forthwith on being lawfully requested, or
within ten days after his arrival as aforesaid (whether thereto being required or not)
convey such previous slave before the Chief Magistrate of Police at Hongkong, or
before the nearest Justice of the Peace, such person shall, on being convicted thereof
as aforesaid, be liable to be imprisoned for any period not exceeding six months, with
or without hard labour and corporal punishment, and shall forfeit to Her Majesty Her
Heirs and Successors, for the public uses of the Colony, such sum not exceeding one
hundred dollars for each offence,,and also such additional sum not exceeding fifty
dollars, to be paid to the person giving information of the said offence, as shall be
adjudged as aforesaid.
4. And be it enacted, on any such previous slave being produced before such
Magistrate as aforesaid, that it shall be explained to hmi, apart from his former owner,
that slavery is prohibited in the Colony of Hongkong, and that he is free to depart
whithersoever he pleases, and such Magistrate as aforesaid shall take due care that
such liberty is freely exercised.
5. And be it enacted in case of any such previous stave expressing a, wish to
remain with his former owner, that such owner shall, together with two approved
sureties, resident householders in Hongkong aforesaid, enter into a bond, to Her
We for inter.
p etiag this and
ocher ordiVane98.

ORDINANCE No. 1 of 1_844.

Slavery.

cpadittoned fdr
non-removal Of
lave,

slave to Us Sup.
ported and sp-

=d: In case
t re-,,

..

inaintag with
Former owner, or
of former oiKaer
sot entsrtg into
bond.

Majesty in the sum of five hundred dollars, conditioned against the
removal of such
previous slave from the Colony of Hongkong by his said former owner,
without the
said previous slave having been produced before the Chief Magistrate, or
any other
Justice of the Peace of the said Colony of Hongkong; And examined apart
as to his
voluntarily departing with his said former owner, and being. informed
that by his so
doing be will revert to his former state of slavery,

6. And be it enacted in cane any such previous slave shall at any time
leave his:
former owner, or in case such former owner shall be unable or unwilling
to enter into
such bond as aforesaid, that such previous slave shall be maintained at
the public coat,
li tl such time as he is enabled to gain his own. livelihood; and the
Chief Magistrate
nizJresaid is hereby authorized, with the approbation of the Governor in
Council, to
apprentice or otherwise place out such previous slave as- aforesaid, with
a. view to his.
obtaining a livelihood by his owe labour.

siavstunnd;n 7. And be it enacted, if any such previous slave as last
aforesaid shall' te

owner~

proof ofor thereafter found in the possession or employment of his former
owner, that such
-due, hiring to lay
tptrma* possession or employment shall be deemed prind facie proof of
such owner having
owner.
unduly repossessed himself of the said previous slave; and such owner in
default of
rebutting such presumption shall be liable to the penalties herein
arflased to the'

Liabilities Inctir.
red by any pereon
no,-glviag infor.
mation oP owner
of,davee lab&-,,
bltingLphon~

treating or using any one as a slave in Hongkong.

. $. .And be it enacted, that any person knowingly receiving in his;
house any one
having any person previously a slave in his possession, or a person used
or intendecT
to be used ox claimed as 'such, and not giving immediate information
thereof to the
Chief Magistrate of Hongkong or the nearest Justice of the Peace, shall
upou
conviction thereof before the Chief Magistrate, or such Court at Hongkong
as herein
aforesaid, be liable to be imprisoned for any period not exceeding three
months, with
or without hard labour end corporal punishment, and shall forfeit such
sum not
exceeding one hundred dollars for each offence, and also such sum not
exceeding fifty
dollars to be paid to the person giving information of the same; as shawl
be adjudged
in manner aforesaid.

=es to be 9. And be it enacted that the punishments and penalties herein
provided shall

Ory.

be held and deemed to be in addition to those inflicted by the law of
England for any
offence mentioned herein, and not in any way in the stead, lieu, or
substitution thereof.
Provided always and it is hereby enacted that no part of any sum
forfeited, and declared
by the laws of England to be payable to any informer, shall be paid to
such informer
without the express direction of the Chief Magistrate or Court aforesaid,
who shall
have full power to make such deductions therefrom as may be deemed
expedient.

10. And be it enacted that whenever this or any other ordinance, in
describing
or referring to any offence, or the subject matter on, or with respect to
which it shall
be committed, or the offender or, the.. party affected or intended to be
affected by
the offence, bath used or shall 'use words importing the singular number
or' the
masculine gender only, yet the ordinance shall be understood to include
several
ORDINANCE No. 1 of 1844.

Slavery.

matters as well as one matter, and several persons as well as one person,
and females
as well as males, and bodies corporate as well as individuals, unless it
be otherwise
specially provided, or there be something in the subject or context repugnant to such
construction.

[Disallowed in C.O.D., No. 26, 12th August, 1844.]
1
Title.
Preamble.
Laws of England prohibitory of slavery to be in force at Hongkong.
Liabilities incurred by every one treatng any person as a slave in Hongkong.
Liabilities incurred by foreigners coming to Hongkong with slaves and not conveying them before Chief or other Magistrate.
Slave produced before Magistrate to be set free.
Owner of slave retaining slave in his service to enter into a bond with sureties conditioned fornon-removal of slave.
Slave to be supported and apprenticed in case of his not remaining with former owner, or former owner not entering into bond.
Slave found in service of former owner proof of due hiring to lay upon former owner.
Liabilities incurred by any person not giving information of owner of slaves inhabiting his house.
Penalties to be cumulatory.
Rule for interpreting this and other ordinances.

3

1
Title.
Preamble.
Laws of England prohibitory of slavery to be in force at Hongkong.
Liabilities incurred by every one treatng any person as a slave in Hongkong.
Liabilities incurred by foreigners coming to Hongkong with slaves and not conveying them before Chief or other Magistrate.
Slave produced before Magistrate to be set free.
Owner of slave retaining slave in his service to enter into a bond with sureties conditioned fornon-removal of slave.
Slave to be supported and apprenticed in case of his not remaining with former owner, or former owner not entering into bond.
Slave found in service of former owner proof of due hiring to lay upon former owner.
Liabilities incurred by any person not giving information of owner of slaves inhabiting his house.
Penalties to be cumulatory.
Rule for interpreting this and other ordinances.

3

https://oelawhk.lib.hku.hk/items/show/5

1890

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No. 1 of 1844

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