GUNPOWDER ORDINANCE
Title
GUNPOWDER ORDINANCE
Description
Gunpowder.
No. 1 of 1848.
An Ordinance to regulate the Manufacture and Storage of a
certain Description of Gunpowder within the Colony of
Hongkong.
[31st August, 1848.]
it has hitherto been a subject of public complaint that Preamble.
[Sce 0rd. No.
der has from time to time been manufactured and stored
witlain the said Colony in a manner endangering the persons, and pro-
perty of the inhabitants thereof; and whereas it is deemed necessary to
make provision against such,practice:-
1. Be it therefore enacted and ordained, that no person shall ma-
Gunpowaer
be ma-
nufacture or make, or cause to be manufactured or Tuade, wany gull-
nou'fa'c'tured
ithin cer-
powder, or any preparation of brimstone for the purpose of employing,it
tlie~*awftll nor
-X be A#oge
ordinance
not to extend
to gunpowder
imported
from Europe ;
:and n6 person
Uhave in his
possession
more than
two pounds
of native
powder with-
out a licence:
ORDINANCE No. 1 of 1848.
Gunpowder.
in the formation of gunpowder, within the harbour or town of Victoria,
or within two miles of the latter place, or within half-a-mile of any
public road ; and that any person so making or causing to be made such
gunpowder or brimstone within the limits aforesaid, shall be liable for
any such offence to pay a fine not exceeding five hundred dollars, and
in default o£ payment of such fine, to imprisonment in one of lea' --
~~-~_~.4
Majesty's gaols for any period not exceeding six calendar months, and
that such gunpowder or brimstone shall be forfeited to the Crown..
Provided always, that it shall and may be lawful to and for any person
to manufacture and make such gunpowder or brimstone without the ,
limits aforesaid, on having and obtaining a licence in writing for such
purpose from the Colonial Secretary of the said Colony, who, it~ is
hereby declared, shall have it in his discretion to refuse the issuing o£
such licence, if not satisfied as to the character o£ the applicant for
the
same, or the probable purposes to which such gunpowder may be applied.
2, .end be it further enacted and ordained, that nothing in', tb3.,~S-
Ordinance contained shall be held to extend to gunpowder imported £~
Europe; and that no person shall have or keep in or upon his house a~ `_
``_- =~°~=
premises within the said Colony, at any one time, any quantity of gun= _
_ ~°:
powder exceeding in weight two if the same be not im orted~-v=.^ - -=r__
p g pounds, _~-=
p
from Europe, without first having had and obtained a licence for that
e--=-==
purpose, to be procurable as is hereafter provided; and that every-y _
unlicensed person knowingly having in or upon his house or premises such;
` `--~`
excess of unimported gunpowder shall, on due conviction, be liable to. a
`;: ~a
penalty not exceeding fifty dollars for every such offence, or, in
default -' .='- =~:'_
of payment of the said penalty, to imprisonment in one of Her Majesty's
gaols within the said Colony for a period not exceeding three calendar `
-~'
months; and it is hereby declared that it shall be incumbent on every,
unlicensed person, having such an excess of gunpowder so in his pas
session, to adduce reasonable evidence that the same has been xmpoxtQd >
> - ~~'
from Europe, or that the same has not been manufactured in China, ~~e
proof of which fact shall, be deemed equivalent to the proof of such
zxt~,, r' _ ~'~` -
po>'tation in all proceedings under this Ordinance. r
Fireworks. $. And be it further enacted and ordained, that the
provision'srof _-==v
the preceding section shall extend to and include gunpowder made up, ' _
, _,,=a:
into any manner o£ firework, except into crackers, commonly known 'hy -
the name of Chinese crackers.
ORDINANCE No. 1 of 1848.
Gunpowder.
4. And be it further enacted and ordained, that any person intending or
desirous
so to keep in his possession more than two pounds of unimported
gunpowder, shall and'
may apply to the * Chief or acting%ief Magistrate of Police for a licence
so to do, who
shall and may issue such licence in writing, on being duly satisfied that
such person is
a fit and proper person to be entrusted with the keeping of gunpowder,
and that he has
safe and proper storage for the same; and it is hereby provided that the
said Chief or
acting Chief Magistrate is empowered to limit by such licence the
quantity of gun-
powder over two pounds which the applicant may so have in his possession
at any one
time. Repealed by Ordinance No. .4 of 1867.]
5. And be it further enacted and ordained, that all fines and penal-
rroceedlnga
under
this
Memo for tA
keapor .or.eto.
rage nntm.
ported gnnpow.
der.
See Ord, No. 6
411862.)
ties to be imposed under this Ordinance shall be recovered and imposed
Ordinance to
in, a summary manner by and before such * Chief or acting Chief Magis- be
summary,:
trots, and according to the provisions of the Ordinance No, 10 of 1844,
entitled ' An Ordinance to regulate summary proceedings before Justices
of the Peace, and to protect Justices in the Execution of their Office.'
6. And be it further enacted and ordained, that it shall and may
be Provision as.
lawful to and for the said Colonial Secretary, by an order, in writing,
to to withdraw.
al of licences.
withdraw any licence issued under this Ordinance, on reasonable grounds
being laid before him for so doing.
7. And be it further enacted and ordained, that if information shall
power to vA.
be given on oath to any Magistrate that there is reasonable cause for
,~ue Beach
suspecting that any unlicensed person is either so manufacturing gun-.
warrants.
powder, or brimstone for the formation of such powder, in airy place, or
that any person has in his house or premises a quantity o£ gunpowder
prohibited by this Ordinance., it shall and may be lawful for such Magis-
trate, by special warrant under his hand, to direct any constable to cause
any such dwelling-house or other place to be entered and searched at any
time of the day, or by night if power for that purpose be given by such
warrant; and such Magistrate may, if it appear to him necessary, em-
power such constable, with such assistance as may be found necessary
(such constable, having previously made known his authority), to use
force for the effecting such entry, whether by breaking open doors or
otherwise; and if upon search thereupon made, any such powder or brim-
stone shall be found, then to convey the same before a Magistrate,. or
place it in safe keeping, and moreover to take into custody and carry
before a Magistrate any person found in such house or place who shall
appear to have been making' such gunpowder or brimstone, or to have
dad knowingly in his possession such a prohibited quantity of gunpowder,
Ordinance No. 1 of 1848.
Gunpowder.
8. And, be it further enacted and ordained, that nothing in this Or-'
dinanae contained shall be held to extend to Government, military; or
naval stores; and that all licences heretofore prescribed shall be issued
without any fee or charge.
9. And be it further enacted and ordained, that in the .canstructio>
of this Ordinance, unless there be something in the context repugn~
thereto, any word denoting the singular, number and male sex shall be
taken to extend to any number of persons or things, and to both sexes
And that this Qrdina,nee. sh .all cone into operation and take effect from
the first day of October next.
227
Title.
Preamble. [See Ord. No. 12 of 1872.]
Gunpowder not to be manufactured within certain limits of
the town, nor beyond those limits without a licence.
Ordinance not to extend to gunpowder imported from Europe; and no person to have in his possession more than two pounds of native powder without a licence.
Fireworks.
Licence for the keeping or storage of unimported gunpowder. [*See Ord. No. 6 of 1862.]
Proceedings under this Ordinance to be summary.
Provision as to withdrawal of licences.
Power to Magistrate to issue search warrants.
230
Ordinance not to extend to Government stores; and licences to be issued without charge.
Interpretation clause.
Ordinance to take effect from the 1st of October, 1848.
No. 1 of 1848.
An Ordinance to regulate the Manufacture and Storage of a
certain Description of Gunpowder within the Colony of
Hongkong.
[31st August, 1848.]
it has hitherto been a subject of public complaint that Preamble.
[Sce 0rd. No.
der has from time to time been manufactured and stored
witlain the said Colony in a manner endangering the persons, and pro-
perty of the inhabitants thereof; and whereas it is deemed necessary to
make provision against such,practice:-
1. Be it therefore enacted and ordained, that no person shall ma-
Gunpowaer
be ma-
nufacture or make, or cause to be manufactured or Tuade, wany gull-
nou'fa'c'tured
ithin cer-
powder, or any preparation of brimstone for the purpose of employing,it
tlie~*awftll nor
-X be A#oge
ordinance
not to extend
to gunpowder
imported
from Europe ;
:and n6 person
Uhave in his
possession
more than
two pounds
of native
powder with-
out a licence:
ORDINANCE No. 1 of 1848.
Gunpowder.
in the formation of gunpowder, within the harbour or town of Victoria,
or within two miles of the latter place, or within half-a-mile of any
public road ; and that any person so making or causing to be made such
gunpowder or brimstone within the limits aforesaid, shall be liable for
any such offence to pay a fine not exceeding five hundred dollars, and
in default o£ payment of such fine, to imprisonment in one of lea' --
~~-~_~.4
Majesty's gaols for any period not exceeding six calendar months, and
that such gunpowder or brimstone shall be forfeited to the Crown..
Provided always, that it shall and may be lawful to and for any person
to manufacture and make such gunpowder or brimstone without the ,
limits aforesaid, on having and obtaining a licence in writing for such
purpose from the Colonial Secretary of the said Colony, who, it~ is
hereby declared, shall have it in his discretion to refuse the issuing o£
such licence, if not satisfied as to the character o£ the applicant for
the
same, or the probable purposes to which such gunpowder may be applied.
2, .end be it further enacted and ordained, that nothing in', tb3.,~S-
Ordinance contained shall be held to extend to gunpowder imported £~
Europe; and that no person shall have or keep in or upon his house a~ `_
``_- =~°~=
premises within the said Colony, at any one time, any quantity of gun= _
_ ~°:
powder exceeding in weight two if the same be not im orted~-v=.^ - -=r__
p g pounds, _~-=
p
from Europe, without first having had and obtained a licence for that
e--=-==
purpose, to be procurable as is hereafter provided; and that every-y _
unlicensed person knowingly having in or upon his house or premises such;
` `--~`
excess of unimported gunpowder shall, on due conviction, be liable to. a
`;: ~a
penalty not exceeding fifty dollars for every such offence, or, in
default -' .='- =~:'_
of payment of the said penalty, to imprisonment in one of Her Majesty's
gaols within the said Colony for a period not exceeding three calendar `
-~'
months; and it is hereby declared that it shall be incumbent on every,
unlicensed person, having such an excess of gunpowder so in his pas
session, to adduce reasonable evidence that the same has been xmpoxtQd >
> - ~~'
from Europe, or that the same has not been manufactured in China, ~~e
proof of which fact shall, be deemed equivalent to the proof of such
zxt~,, r' _ ~'~` -
po>'tation in all proceedings under this Ordinance. r
Fireworks. $. And be it further enacted and ordained, that the
provision'srof _-==v
the preceding section shall extend to and include gunpowder made up, ' _
, _,,=a:
into any manner o£ firework, except into crackers, commonly known 'hy -
the name of Chinese crackers.
ORDINANCE No. 1 of 1848.
Gunpowder.
4. And be it further enacted and ordained, that any person intending or
desirous
so to keep in his possession more than two pounds of unimported
gunpowder, shall and'
may apply to the * Chief or acting%ief Magistrate of Police for a licence
so to do, who
shall and may issue such licence in writing, on being duly satisfied that
such person is
a fit and proper person to be entrusted with the keeping of gunpowder,
and that he has
safe and proper storage for the same; and it is hereby provided that the
said Chief or
acting Chief Magistrate is empowered to limit by such licence the
quantity of gun-
powder over two pounds which the applicant may so have in his possession
at any one
time. Repealed by Ordinance No. .4 of 1867.]
5. And be it further enacted and ordained, that all fines and penal-
rroceedlnga
under
this
Memo for tA
keapor .or.eto.
rage nntm.
ported gnnpow.
der.
See Ord, No. 6
411862.)
ties to be imposed under this Ordinance shall be recovered and imposed
Ordinance to
in, a summary manner by and before such * Chief or acting Chief Magis- be
summary,:
trots, and according to the provisions of the Ordinance No, 10 of 1844,
entitled ' An Ordinance to regulate summary proceedings before Justices
of the Peace, and to protect Justices in the Execution of their Office.'
6. And be it further enacted and ordained, that it shall and may
be Provision as.
lawful to and for the said Colonial Secretary, by an order, in writing,
to to withdraw.
al of licences.
withdraw any licence issued under this Ordinance, on reasonable grounds
being laid before him for so doing.
7. And be it further enacted and ordained, that if information shall
power to vA.
be given on oath to any Magistrate that there is reasonable cause for
,~ue Beach
suspecting that any unlicensed person is either so manufacturing gun-.
warrants.
powder, or brimstone for the formation of such powder, in airy place, or
that any person has in his house or premises a quantity o£ gunpowder
prohibited by this Ordinance., it shall and may be lawful for such Magis-
trate, by special warrant under his hand, to direct any constable to cause
any such dwelling-house or other place to be entered and searched at any
time of the day, or by night if power for that purpose be given by such
warrant; and such Magistrate may, if it appear to him necessary, em-
power such constable, with such assistance as may be found necessary
(such constable, having previously made known his authority), to use
force for the effecting such entry, whether by breaking open doors or
otherwise; and if upon search thereupon made, any such powder or brim-
stone shall be found, then to convey the same before a Magistrate,. or
place it in safe keeping, and moreover to take into custody and carry
before a Magistrate any person found in such house or place who shall
appear to have been making' such gunpowder or brimstone, or to have
dad knowingly in his possession such a prohibited quantity of gunpowder,
Ordinance No. 1 of 1848.
Gunpowder.
8. And, be it further enacted and ordained, that nothing in this Or-'
dinanae contained shall be held to extend to Government, military; or
naval stores; and that all licences heretofore prescribed shall be issued
without any fee or charge.
9. And be it further enacted and ordained, that in the .canstructio>
of this Ordinance, unless there be something in the context repugn~
thereto, any word denoting the singular, number and male sex shall be
taken to extend to any number of persons or things, and to both sexes
And that this Qrdina,nee. sh .all cone into operation and take effect from
the first day of October next.
227
Title.
Preamble. [See Ord. No. 12 of 1872.]
Gunpowder not to be manufactured within certain limits of
the town, nor beyond those limits without a licence.
Ordinance not to extend to gunpowder imported from Europe; and no person to have in his possession more than two pounds of native powder without a licence.
Fireworks.
Licence for the keeping or storage of unimported gunpowder. [*See Ord. No. 6 of 1862.]
Proceedings under this Ordinance to be summary.
Provision as to withdrawal of licences.
Power to Magistrate to issue search warrants.
230
Ordinance not to extend to Government stores; and licences to be issued without charge.
Interpretation clause.
Ordinance to take effect from the 1st of October, 1848.
Abstract
227
Title.
Preamble. [See Ord. No. 12 of 1872.]
Gunpowder not to be manufactured within certain limits of
the town, nor beyond those limits without a licence.
Ordinance not to extend to gunpowder imported from Europe; and no person to have in his possession more than two pounds of native powder without a licence.
Fireworks.
Licence for the keeping or storage of unimported gunpowder. [*See Ord. No. 6 of 1862.]
Proceedings under this Ordinance to be summary.
Provision as to withdrawal of licences.
Power to Magistrate to issue search warrants.
230
Ordinance not to extend to Government stores; and licences to be issued without charge.
Interpretation clause.
Ordinance to take effect from the 1st of October, 1848.
Title.
Preamble. [See Ord. No. 12 of 1872.]
Gunpowder not to be manufactured within certain limits of
the town, nor beyond those limits without a licence.
Ordinance not to extend to gunpowder imported from Europe; and no person to have in his possession more than two pounds of native powder without a licence.
Fireworks.
Licence for the keeping or storage of unimported gunpowder. [*See Ord. No. 6 of 1862.]
Proceedings under this Ordinance to be summary.
Provision as to withdrawal of licences.
Power to Magistrate to issue search warrants.
230
Ordinance not to extend to Government stores; and licences to be issued without charge.
Interpretation clause.
Ordinance to take effect from the 1st of October, 1848.
Identifier
https://oelawhk.lib.hku.hk/items/show/54
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 1 of 1848
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“GUNPOWDER ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/54.
