PREVENTION OF CRIMES ORDINANCE, 1887

PREVENTION OF CRIMES ORDINANCE, 1887

ORDINANCE Rio. 11 oF' 1887.

A-euention of Crimes.

No. 11 of 1887.

An Ordinance for the more effectual Prevention. of Crime.

[19th April, 1887._]

B E it enacted by the Governor of Hon0gkonCg, with the advice of the;
Legislative Council thereof, as follows,:-

I., This Ordinance lnay be cited for all 'purposes as The Prevention
of Crimes O),dinnce, 1887.

Licences.

2. It shall be lawful for the Governor, by an order in writing under
his hand and seal, to errant to any convict now under sentence of impri-
sonment with hard labour, or who may hereafter be sentenced to impri-
sonment with hard labour a licence to be at Large in this Colony, or in
such part thereof as in such licence shall be expressed, durin(Y such
portion of his.or her term of i.mprisonrrent, and upon such conditions in
all respects as to the said Governor shall seem fit; and it shall 4e
lawful
for the said Governor to revoke or alter such licence by a like order at
his .pleasure.

3. So long as such licence shall continue in force and unrevoked,
such convict shall not be , liable to be imprisoned by reason of his sen-

tence, but shall be allowed to ao and remain at lame according to the
terms of such licence.

4. Provided alwa3-s, that if it shall please the Governor to revoke
guy such licence as aforesaid it shall be lawful for him, by warrant under
his hand and seal, to signify to a Magistrate that such licence has been
revoked, and to require such A.1agistrate to issue his warrant under his

hand and seal for the apprehension of the convict to whom such licence A

vas granted, and such Magistrate shall issue his warrant accordingly, .
and such warrant shall and may be executed by the constable to whom
the same shall be delivered ' for that purpose in any part of this Colony;
and such convict when apprehended under such warrant shall be brought,.,
as soon as he conveniently may be, before the Magistrate by vvhoni the'

,
said warrant shall hive been issued, or some other Magistrate of the said
Colony, and such Maoisti:ate shall thereupon make out his warrant under
his -band and seal for the recommitment of such convict to the prison or
place of confinement from w4i.ch he was released by virtue of the said

Governor may
grant licences
to be at urge
under sen-
tence of hand
labour.
y G & 17 Vic.

Holder af
licence net. to
be impr.isoned
by season of
his sentence. _
X16 & 1'T 'tic.
C. 99, s. 16,3

Zf license
revoked, the
convict may
be appxe-
hended and.
committed to
rison:
~1G & 17 Vic..
c. 99, s. 11:]
~.Ap~pehension
,;~f:liolde~ of .

~~ svitnou
;:~,arran~:

i47 `& -2$°'V'ic:

Effect, of
torfetuxe or

evocation of

lic~.ce..

[27`& 28 '4'ic,
c. 47; s. 9.]~

ORDINANCE

Prevention. of- Crimes,

licence, and such convict shall be go recommitted accordingly, and shall
.thereupon be remitted t',-his or her original sentence, and shall undergo
the residue thereof as if no such licence had been granted.

Forfeiture of .5, A, licence ;ranted under this Ordinance may he in the
form set
licence.
[2? & 2$' Vic. forth in. the schedule to this Ordinance annexed, and may
be written,
.
47, 4.
printed, or lithographed. If any holder of a licence granted in the form
set forth in the said schedule is convicted, either by t);e verdict of a
jury,
or upon his own confession, of any offence, his licence shall be forthwith
forfeited by virtue of such conviction.

Offences by 6. If .any holder' of a licence granted in the form set forth
in the
holders of
liaepee. Said schedule,--- .
127 & 28 Vic. ,

a. 47, u. l%; ]

(1. ) Fails to produce his licence when required to do so by
any Judge, Magistrate ur Justice of the Peace before
whom he mar be brought charged ivith any offence, or
by any con.sFtable or officer of the Police in whose cus-
tody he may be, and also, fails to make any, reasonable
~xcuse why he does not produce the same; or
( 2.)Breaks any of the other conditions of his license by an
act that is not of itself punishable either upon informa-
tion or upon summary conviction ;
He shall he deemed guilty of an offence punishable summarily by irn-
prisonment for any period not exceeding three months; with or without
hard labour.

7. Any Police officer may, without -warrant, take into custody any
holder of such ~ licence whom he may reasonably suspect of having
cbmnnitted any offence, or having hr-o'kezx ano of the conditions of his
licence, ` and, may detain him in custody until he can be taken before a
l~Iagistrate, and dealt with. according, -to law. .
81. V~There any licence granted in the. form set forth in the said
schedule is ~forf6ted , by a conviction of any indictable offence, or is
.revoked in pursuance of a summary conviction under this Ordinance or
:airy other Orb finance the pEr son w hose licence is,forfeited orrevoked
shall,
after undergoing rmy other punishment to which he may be sentenced
vQr~ the ofhence'in consequence of which-his licence is forfeited or
revoked'
fuxther undergo.a team of. -imprisonment with, hard labour equal to the
ORDINANCE No. 11.oF. 18871.

Pi er6ation of 'Crimes.

portion of his term of imprisonment with hard labour that remained
1inexpired at the time of his- licence being granted, and shall, for the
purpose of his undergoing such last mentioned punishment, 1>e detained
in any prison in which he may be confined,' by a warrant under the handl
and seal of a Magistrate, and shall be liable to be there dealt with in al
rdspects as if, such term of imprisonment with hard labour had formed
hart of his original sentence. .

9. Any constable in any police district may, if authorised so to do
in writing by the chief officer of Police of that district, without
Warrant
tale into custody any convict who is the holder of a licence granted under
this Ordinance, if it appears to such constable that such convict is
getting
his livelihood by dishonest nicanss and may bring him before a
11Iqgistrate
for adjudication.

If it appears from the facts proved before such NIngistr ate that there
are reasonable grounds for believing that the convict so brough t before
him is getting his livelihood by dishonest means, such convict shall be
deemed to be guilty of an offence ,~gainst this Ordinance, and his licence
slia11 be forfeited. .

10. Where in any licence granted under .this Ordinance, any condi-
tions different from or in addition to those contained in the schedule of
this Ordinance, arc inserted, the holder of such.licence, if lie breaks
any
such conditions by an act that is not of itself punishable; either upon
in-
formation or upon summary conviction, shall be deemed guilty of an
>offence ,i(rainst,tbis Ordinance, and shall be liable. to imprisonment
for
any period not exceeding three months,' with or without hard labour.

A copy of any conditions ar?nexed to any licence granted under this
Ordinance other than the conditions contained in the schedule of this
Ordinance, shall be laid before the Legislative Council within twenty-one
days after tto making thereof, if the Council be then sitting, or if not,
then within fourteen days after tb-e commencement of the next session of
Council.

11. Every holder of a licence (.),ranted under this Ordinance Who is
at large in 'the Colony shall notify the place of his residence to an
officer
--of Polica at- the Central Police Station who shall then endorse on the
Iicence~ the station at which tho said holder shall report himself.

11ctirdt)F oil
holders of
licences .
,getting tiieif
livelihood by
dishoncA
means.
C34 &. 35 vie.
e. l l 2, s. 3.]

Penalty ou
breach of
conditions of
licence.
`E 36 vie.
c.112,

convict hold=-
ing licezic- ,.;
to notify
xesidenae to
'police.
[34 & 85; vie.
.. 7112, g. a.j
Re,gristci -at7 <I
plmtagraph-
i n, of czimi-

J34 & 35 Vic.,'

UN'vINANCE No: II oiF 1887.

Prevention of, Crimes.

And whenever the said holder changes his place of residence,, be
shall notify such change at the Police Station endorsed on his licence and
the Police officer shall endorse of his licence the station nearest to
iris
residence and the said holder shall report himself at the Police Station
so
directed by such endorsement.

Moreover every male holder of such~licence shall, once in each month,
report himself at such time as may be prescribed by the officer in charge
of the station endorsed on his licence either to such officer himself or
to
such other person as the said officer may direct.

If any holder of a licence who is at large is the Colony remains in
'any place for forty-eight hours without notifying the place of his
residence
at the, station endorsed on his warrant, or fails to comply with the
requisitions of dais section on the occasion of any change of residence,
or
with the reqeisitions of this section as to reporting himself once in each
month, he shall in every such case, unless be proves to the satisfaction
of
the Court or Mabistrate before wllom be is tried that he, did his best to
bet in conformity with the law, be guilty of an offence against this Ordi-
nance, and upon conviction thereof his licence may, in the discretion of
the
Court or Mabistrate, be forfeited; or if the -term of imprisonment with
hard
1aboar in respect of which his licence was granted has expired at the date
of his conviction, it shall be lawful for the Court or Magistrate to
sentence
him to imprisonment, with or without hard labour, for a term not exceed-
ing one year, or if the said term of imprisonment with hard labour has.
not expired, but the remainder unexpired thereof is a lesser period than
one' year, then to sentence him to imprisonment, with or without hard
labour, to commence at the expiration of the said term of imprisonment
with hard labour, for slich.a term as, together with the remainder un-
eZpired of his said term of imprisonment with hard labour, will not-
exceed one year. d

Iv'eyister of crirniiaals.

12. Tile following ellaCtnlents shall be 111ade wLth a view to facilitate
the identification of criminals : --

(1.) Registers of all persons ,convicted of crime in the Colony
shall be l:ept,in such form and containing such particulars
as may from time to timR be prescribed by the Governor
ORDINANCE No. 11 of 1887 .

Prevention of Crimes.

(2.) The register shall be kept 'tinder the management of the
Captain 'Superintendent of Police or such other person
as the Governor may appoint

(3.) The Superintendent of Victoria Gaol shall make returns
of the persons convicted of crime and coming within his
custody; and such returns.shall he in such form and
contain such particulars as the Governor may require

(4.) The Governor may m4ke regulations as to the pbotograph-
ino, of all prisoners convicted of crime who may for the
tune being he confined in Victoria Gaol and may in such
regulations prescribe the time or times at which and the
manner and dress in which such prisoners are to be taken,
and the number of photographs of each prisoner to be -
printed, and the persons to whom such photographs
are to be sent:

(a.) Any rLiaulaTionc made b3. the Governor :is to the photo-
graphing of prisoners ire any prison in the Colony shall.
be deemed to be regulations for the government of that
prison, and binding on all persons, in the same ~ manner
as if they were contained in the rules made under section
` 17 of Ordinance 18 of 1$85.

(6.) dray prisoner refusing to obey any regulation made in
pursuance of this section shall be deemed guilty of an
offence against prison discipline within the meaning of
section 16 of Ordinance 18 of 1885.

(7.) The Governor may. from time to tine modify, repeal, or
acid to any regulations so made.

ISCHrvUl,E.

Order of licence to a convict mtade -trader Ordinance 11 of 1887. _

The Governor is pleased to grant to
who was convicted of
.at the criminal sessions of the Supreme court, for the Colony of
Hongkong on the
day of , 188 , and was then and there sentenced to
Ordinance No. 11 of 1887.

Prevention of Crimes.

imprisonment with. hard-labour for the term of and is now confined
in the his licence to be at large from the day of his liberation under
this order during the remaining portion of his said term of imprisonment
unless the
said shall before the expiration of the said term be convicted
o some indictable offence within the Colony, in which case such licence
will , be
immediately forfeited by law, or unless it shall please the Governor
sooner to revoke
or alter such licence.

This licence is given subject to the conditions indorsed, upon the same,
upon the
Breach of any of which it will be liable to be revoked, whether such
breach is followed
by a conviction or not.

And the Governor hereby orders that the said

liberty within thirty days from the date of this order.

Given under my hand and seal at Victoria, Hongkong, this
day of 188

By His Escellency's~ Command,

be set at

Colonial Secretary.

CONDITIONS.

1. The holder shall preserve his licence and produce it when called upon
to do so by a
Magistrate, Justice of the Peace or Police officer.

2._ He shall abstain from any violation of the law.

S.v-He shall not habitually associate with notoriously bad characters,
such as reputed
thieves and prostitutes.

4. Ire shall not lead an idle and dissolute life without visible means of
obtaining an
honest livelihood.

If his licence is forfeited ox revoked in consequence of a conviction for
any offence, he
will be liable to undergo a term of imprisonment with hard labour equal
to theca
portion of his term of years which remained unexpired when his licence-
was granted, viz., the term of years.

2109
Short title.
Governor may grant licences to be at large under sentence of hard labour.
[16 & 17 Vic. c. 99, s. 9.]
Holder of licence note to be imprisoned by reason his sentence.
[16 & 17 Vic. c. 99, s. 10.]
If licence revoked, the convict may be apprehended and committed to prison.
[16 & 17 Vic. c. 99, s. 11.]
2110
Forfeiture of licence.
[27 & 28 Vic. c. 47, s. 4.]
Offences by holders of licence.
[27 & 28 Vic. c. 47, s. 5.]
Apprehension of holder of licence without warrant.
[27 & 28 Vic. c. 47, s. 6.]
Effect of forfeiture or revocation of licence.
[27 & 28 Vic. c. 47, s. 9.]
2111
Penalty on holders of licences getting their livelihood by dishonest means.
[34 & 35 Vic. c. 112, s. 3.]
Penalty on breach of conditions of licence.
[34 & 35 Vic. c. 112, s. 4.]
Convict holding licence to notify residence to police.
[34 & 35 Vic. c. 112, s. 5.]
2112
Register and photographing of criminals.
[34 & 35 Vic. c. 112, s. 6.]

2109
Short title.
Governor may grant licences to be at large under sentence of hard labour.
[16 & 17 Vic. c. 99, s. 9.]
Holder of licence note to be imprisoned by reason his sentence.
[16 & 17 Vic. c. 99, s. 10.]
If licence revoked, the convict may be apprehended and committed to prison.
[16 & 17 Vic. c. 99, s. 11.]
2110
Forfeiture of licence.
[27 & 28 Vic. c. 47, s. 4.]
Offences by holders of licence.
[27 & 28 Vic. c. 47, s. 5.]
Apprehension of holder of licence without warrant.
[27 & 28 Vic. c. 47, s. 6.]
Effect of forfeiture or revocation of licence.
[27 & 28 Vic. c. 47, s. 9.]
2111
Penalty on holders of licences getting their livelihood by dishonest means.
[34 & 35 Vic. c. 112, s. 3.]
Penalty on breach of conditions of licence.
[34 & 35 Vic. c. 112, s. 4.]
Convict holding licence to notify residence to police.
[34 & 35 Vic. c. 112, s. 5.]
2112
Register and photographing of criminals.
[34 & 35 Vic. c. 112, s. 6.]

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1890

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No. 11 of 1887

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