SUMMARY OFFENCES ORDINANCE, 1845
Title
SUMMARY OFFENCES ORDINANCE, 1845
Description
ORDINANCE No. 1 OF 1845
Summary Offences.
AN ORDINANCE to make provision for the Preservation of Good
Order and Cleanliness and the Prevention of Nuisances within
this Colony.
[26th December, 1845.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Summary Offences Ordinance,
1845.
2. In this Ordinance, unless the context otherwise requires,-
'Public Officer' or 'Public Department' extends to and includes
the Governor and every officer or department invested with or
performing duties of a public nature, whether under the immediate
control of the Governor or not:
'Lawful Authority' extends to and denotes any permission which
may be lawfully given by a public officer or department or by a
private person:
Where no specific description is given of the ownership of any property,
the word 'Property' shall be taken to apply to all such
property of the kinds specified, whether owned by the Crown, by a
public department, or by a private person:
Any word denoting the singular number and male sex shall be taken
to extend to any number of persons or things and fo both sexes.
Nuisances, Trespasses, and Similar Offences.
3. Every person shall be liable to a penalty not exceeding fifty dollars
who, within this Colony, in any thoroughfare or public place or adjacent
thereto, commits any of the following offence, that is to say,-
(1.) throws or lays, or causes or knowingly permits to be thrown or liad,
any carrion, dirt, soil straw, or dung, or any other filth, rubbish, or
noisome or offensive matter whatsoever, on any of the roads, streets,
ways or public passages, or into any well, stream, or watercourse,
ford, or reservoir for water, or any of the drains or sewers made or
to be made within the Colony; or permits or suffers any such
noisome or offence substance as aforesaid to remain exposed in
any drain, sewer, or elsewhere, opposite to or in the immediate
neighbourhood of his house; or allows any accummulation of filth
or offensive substances within the premises occupied by him. to the
annoyance of the inhabitants or passengers; or in any manner
the inhabitants of the Town of Victoria, or for the supplying with
water of ships resorting to the harbour of the Colony; or
(2.) commits any nuisance in the neigbourhood of any house or place
of public passage; or
(3.) sets out or leaves, or causes to be set out or left, any seaffolding,
bricks, lime, barrels, bales or cases of merchandise, or any other
matter or thing which obstructs, incommodes, or endangers, or
may obstruct, incommode, or endanger, any person or carriage in
any public road or thoroughfare; or
(4.) exposes 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 sets up or continues any pole, blind, awning, line, or 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 thoroughfare; or
(5.) encroaches on any public way or Crown land by erecting any
building, either on or projecting over the same, or constructs any
spout which projects the rain-water thereon; or
(6.) being the occupier or owner of any house, building, or other
erection, neglects to repair or remove the same when in a ruinous
or unsafe state, and when it endangers or may endanger the passengers
in any thoroughfare; or
(7.) rides or drives on any foot-path without obvious necessity; or
rides or drives in a furious manner, or so as to endanger the life or
limb of any person, or to the common danger of the passengers in
any public road or thoroughfare; or, when passing or meeting
another horse or carriage, does not keep to the customary side of
the road; or
(8.) leads or rides any horse or other animal, or draws or drives any
cart, carriage, sledge, truck, or barrow, upon any footway; or
fastens any horse or other animal so that it can stand across or upon
any footway; or turns loose any horse or cattle upon the public road
or thoroughfare; or
(9.) in any thoroughfare or public place, to the annoyance of the
inhabitants or passengers, kills or slaughters, or exposes for show
or sale (except in a market lawfully appointed for that purpose),
or feeds or fodders, any horse or other animal; or shoes, bleeds, or
farries any horse or other animal (except in case of accident); or
turns loose, cleans, dresses, exercises, trains, or breaks any horse or
other animal; or cleans, makes, or repairs any part of any cart
or carriage, except in case of accident, where repair on the spot is
necessary; or
(10.) keeps any dog accustomed to annoy passengers by barking or
otherwise; or suffers to be at large any unmuzzled ferocious dog or
other animal belonging to him; or sets on or urges any dog or other
animal to attrack, worry, or put in fear any person, horse, or other
animal; or
(11.) upon any public footway, rolls or carries any barrel, cast, butt,
or other thing calculated to annoy or incommode the passengers
thereon, except for the purposes of housing it or of loading any cart
or carriage on the other side of the footway; or
(12.) in, near, or adjoining any public road or thoroughfare, wantonly
or unnecessarily blows any horn, beats any gong or drum, or makes
any other noise calculated to annoy or alarm any person or to
frighten any horse or other animal; or
(13.) wantonly discharges any firearm, or throws or discharges any
stone or other missile, or makes any bonfire, or throws or sets fire
to any firework, to the damage or danager of any person; or
(14.) wilfully and wantonly disturbs any inhabitant by pulling or
ringing any door-bell, or by knocking or striking at any door
without lawful execuse; or wilfully and unlawfully extinguishes the
light of any lamp; or
(15.) plays at any game or pastime to the annoyance of the inhabitants
or passengers; or
(16.) plays at any game in any public passage or road, so as to obstruct
the same or create a noisy assembly therein; or
(17.) lewdly and indecently exposes his person by bathing or otherwise
near any public road or dwelling-house.
4. Every person shall be liable to a penalty not exceeding twenty-five
dollars who, within the Town of Victoria, in any streets, thoroughfare, or
public place, or in any place adjacent thereto, contrary to any regulations
to be published from time to time by the Governor-in-Council, rough
dresses or causes to be rough dressed granited or any other stone whatever,
for the erection of any building or for any other purpose.
5. Every person shall be liable to a penalty not exceeding twenty-five
dollars who uses or utters cries for the purpose of buying or selling any
article whatever, or who makes any noise whatever with the object of
disposing of or attracting attention to his goods, wares, or trade, within
any district or place not permitted by some regulation of the Governor-in-
Council.
6. Every person shall be liable to a penalty not exceeding fifty dollars
who, within the Colony, commits any of the following offences, that is to
say,-
(1.) erects any shed or house of matting or other inflammable material,
so as in case of fire to endanger any neighbouring building; or,
(2.) without the consent of the owner or occupier, affixes any posting-bill
or other paper against or upon any building, wall, fence, or
pale; or writes upon, soils, defaces, or marks any building, wall,
fences, or pale with chalk or paint, or in any other way whatsoever;
or wilfully breaks, destroys, or damages any part of any
building, wall, fence, or pale, or any fixture or appendage thereto;
or,
(3.) being employed as a domestic servant, neglect, or without just
cause absents himself from, his duty without the leave of his em-
ployer, or leaves his employer's services without giving reasonable
notice to the said employer; or wilfully disobeys his employer's
lawful and reasonable orders; or uses any abusive or insulting language
or behaviour to his employer; or is guilty of riotous and
disorderly conduct; or
(4.) neglects to affix to his house, and keep alight during the night,
such lamp or lanthorn as may be required an approved of by the
Superintendent of Police; or
(5.) keeps a house or other building for the occupation or resort of
public prostitutes, to the annoyance of any person inhabiting or
residing near thereto; or
(6.) assembles together with other persons in the night-time without
lawful excuse; or, seeing any such illegal assemblage, or knowing
or having reason to suspect that such assemblage has taken place
or is about to take place, does not give immediate notice thereof to
the nearest guard-house or Police Station or to some constable belonging
to the Police Force; or,
(7.) being employed as a private guard or watchman, sleeps on his
post, or is negligent, remiss, or cowardly in the execution of his
duty; or
(8.) wantonly or cruelly mutilates or otherwise ill-uses any horse,
mule, dog, or other animal.
7.-(1.) It shall be lawful for any constable belonging to the Police
Force to take into custody without warrant any person who has committed
within view of such constable any offence mentioned in the last four
preceding sections, or, if such offence has not been committed within view of
such constable, then on the complaint of any person who has been injured
or annoyed by, or been witness to, the commission of such offence.
(2.) In the absence of any such constable, it shall be lawful for any
person so injured or annoyed, or who has seen the offence committed, to
seize and detain the offender until he can be given into the custody of
such constable, or until he can be taken before a Magistrate.
8. The offences next hereinafter specified shall be deemed to be nuisances
within the meaning of all laws at any time in force within the
Colony for the better repression of nuisances, save that the Court of Magistrate
before whom any person is found guilty of any such offence, in
lieu of all other punishment for the same, shall order him of every such
offence to pay a penalty not exceeding one hundred dollars, that is to
say, -
(1.) the felling, cutting, destroying, or injuring of any standing or
growing tree, shrub, or underwood, any grass-sod or turf, or any
fence or portion thereof (except in any case where any such offence
is proved to have been committed with a felonious intention);
(2.) the doing any act whereby injury or obstruction, whether directly
or consequentially, may accrue to a public road, path, or walk, or
to the shore of the sea, or to navigation, mooring, or anchorage,
transit or traffic;
(3.) the trespassing, by man or beast, upon or in any messuage, tenement,
cemetery, or land being vested in or under the control or
management of any public officer or department whatsoever; and
(4.) the obeying any call of nature on any way or in any public exposed
or other improper place, to the annoyance of other persons.
9.-(1). No private person shall occupy or erect any building or other
thing whatsoever upon land not being under lease from the Crown,
without the licence of the Surveyor General; nor with such licence, if
the same could not have been lawfully occupied or erected before the
commencement of this Ordinance.
(2.) In this section the word 'building' includes any ships, out-house,
shed, or roof.
10. Mendicancy in the public highways or streets is hereby forbidden.
11. Every person who violates, disobeys, or fails to comply with any
of the provisions of the last two preceeding sections shall be liable to
a penalty not exceeding five dollars.
12.-(1.) No person shall uttere any shouts or cries or make other
noises while playing the game known as Chai-Mui within the hours
prescribed for any district or place by any regulation of the
Governor-in-Council published in The Gazette.
(2.) Every person who contravenes this enactment shall be liable to
a penalty not exceeding ten dollars; Provided that where such contravention
takes place in any brothel or common lodging-house, the
keeper, mistress, or other person having or appearing to have the care
or management of such brothel or common lodging-house, either alone
or with other, shall be liable to the same penalty.
13.-(1.) No person shall, between sunset and the hour of six in the
following morning, make or cause to be made any noise whatever calculated
to disturb, annoy, interfere with the public tranquillity or the
quiet of the occupier or inhabitant of any dwelling-house within the
Town of Victoria or its vicinity.
(2.) In case any person makes or causes to be made any such noise as
aforesaid, it shall be lawful for any such occupier or inhabitant, or for
any officer charged with preservation of the peace, or for any constable
or policeman or other person to summon the person so offending
before a Magistrate, and it shall be lawful for such Magistrate, on due
investigation and proof of the person having offended against the
provisions aforesaid, to proceed against and in a summary manner to fine
the person so offending in any sum not exceeding one hundred dollars.
14. If, no any such investigation or proof as aforesaid, it appears to
such Magistrate that the person so offending acted as watchman or
servant of the proprietor or occupier of any dwelling-house, warehouse,
or other out-house, office, or premises, or of the inhabitant or person
in charge thereof, or by or with the direction, knowledge, sanction,
sufferance, or permission of such proprietor or occupier or of such inhabitant
or person in charge as aforesaid, then and in such case it shall be
lawful for such Magistrate to dismiss the charge as against the watchman
or servant or person acting as such so offending as aforesaid and to
summon or cause to be summoned forthwith before him the proprietor or
occupier, or inhabitant or person in charge thereof as aforesaid, having
so directed, sanctioned, suffered, or permitted the making such nosise as
aforesaid, suffered, or permitted the making of the said noise so made
by the watchman or servant or person acting as such as aforesaid, then
it shall be lawful for such Magistrate to fine such proprietor or occupier,
or inhabitant or person in charge as aforesaid, in any sum not exceeding
one hundred dollars.
15. When and so often as any such noise as aforesaid is made in or
upon any dwelling-house or premises, if it is impracticable or difficult to
apprehend, discover, or identify the persone so making such noise as aforesaid,
then and in such case it shall be lawful for such Magistrate, on
information thereof, to summon before him the proprietor or occupier, or
inhabitant or person in charge, of such dwelling house or premises, and
if it appears, on due investigation and proof, that such noise as aforesaid
was made in or upon the said dwelling-house or premises by the direction
or with the knowledge, sanction, sufferance, or permission of the proprietor,
occupier, inhabitant, or person in charge thereof, to impose on
hime such and the like penalty as is mentioned in the last preceding section.
16.-(1.) It shall be lawful 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.
(2.) The owner of any such dog or animal who permits 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 a penalty not exceeding one hundred dol-
lars.
17. It shall be lawful for any constbale belonging to the Police Force
to destroy any dog which is 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 any such constable
is hereby further authorized to destroy any dog which is found straying
or wandering about between the hours of ten o'clock at night and gun-
fire in the morning.
18. No person, other than a person acting in obedience to lawful
authority, shall discharge any cannon or other firearm of greater calibre
than a common fowling-piece within three hundred yards of any dwelling-house
within the Colony, to the annoyance of any inhabitant thereof;
and every person who, after being warned of the annoyance by any
inhabitant, so discharges any such firearm, shall be liable to a penalty not
exceeding one hundred dollars.
19. Every person who within the Colony, or in the harbour or waters
thereof, commits any of the following offences shall be liable to a penalty
not exceeding one hundred dollars, or, in the discretion of the convicting
Magistrate, to imprisonment for any term not exceeding fourteen
days, that is to say,-
(1.) knowingly takes in exchanges 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 any such vessel, or any stores or articles in charge of
the owner or master of any such vessel; or,
(2.) for the purpose of protecting or preventing any thing whatsoever
from being lawfully seized within the Colony or in the harbour
or waters thereof, on suspicion of its being stolen or otherwise
unlawfully obtained, or or preventing the same from being produced
or made to serve as evidence concerning any felony or midemeanor
committed or supposed to have been committed within the Colony
or in the harbour or waters thereof, frames or causes 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 fraudulently produces such bill or parcels, knowing the same to
have been fraudulently framed; or
(3.) bores, pierces, breaks, cuts open, or otherwise injures any cask,
box, or package containing wine, spirits, or other liquors on board
any ships, 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 unlawfully drinks or
wilfully spills or allows to run to waste any part of the contents
thereof; or
(4.) wilfully causes 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.
20. Every person who removes or carries away any stone or stake
driven into the ground as 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 not exceeding fifty dollars, or, in the discretion of the convicting
Magistrate, to imprisonment for any term not exceeding seven
days.
21. Every person who wilfully-
(1.) cuts, breks, damages, injures, or destroys any tree, shrub, or underwood,
whether the same is the property of the Crown or of any
private person; or
(2.) damages, breaks, or destroys any fence, or any wall, bridge, or
embankment.
shall be liable to a penalty not exceeding one hundred dollars, or, in the
discretion of the convicting Magistrate, to imprisonment for any term
not exceeding fourteen days.
Offences against Good Order.
22. Every person who has in his possession any spear, bludgeon, or
other offensive weapon, or any crowbar, picklock, skeleton-key, or other
instrument fit for unlawful purposes, with intent to use the same for any
such unlawful purpose, or is unable to give a satisfactory account of his
possession thereof, shall be liable to a penalty not exceeding one hundred
dollars, or, in the discretion of the convicting Magistrate, to imprisonment
for any term not exceeding fourteen days.
23. Every person who behaves in a riotous, noisy, or disorderly manner,
or uses any 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 occassioned, shall be liable
to a penalty not exceeding fifty dollars, or, in the discretion of the convicting
Magistrate, to imprisonment for any term not exceeding seven days.
24. Every person, not being a constable of the Police Force, who-
(1.) has in his possession any article being part of the clothing,
accoutrements, or appointments supplied to any such constable, and
is not able satisfactorily to account for his possession thereof; or
(2.) puts on the dress, or takes the name, designation, or character, of
any such constable, for the purpose of thereby obtaining admission
into any house or other place, or of doing or procuring to be done
any act which such constable 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 punishment to which he may be liable
for such offence, be liable to a penalty not exceeding on hundred dollars.
Apprehension of Offender, etc.
25. It shall be lawful for any constable belonging to the Police Force,
and for all persons whom he may call to his assistance, to take into
custody without warrant any person who within view of such constable
offends in any manner against this Ordinance, and whose name and
residence are unknown to such constable and cannot be ascertained by
such constable.
26. It shall be lawful for any constable belonging to the Police Force
to take into custody without warrant any loose, idle, and disorderly
person whom he finds disturbing the public peace, or whom he has
good cause to suspect of having committed or being about to commit any
felony, misdemeanor, or breach of the peace, and any person whom he
finds between sunset and the hour of six in the following morning lying
or loitering in any highway, yard, or other place, and who cannot give a
satisfactory account of himself.
27. Any person found committing any offence punishable either on
indictment or as a misdemeanor on summary conviction by virtue of
this Ordinance may be taken into custody without warrant by any
constable, or may be apprehended by the owner of the property on or
with respect to which the offence is committed, or by his servant or any
person authorized by him, and may be detained until he can be delivered
into the custody of a constable, to be dealt with according to law.
28. Any such constable may also stop, search, and detain any vessel,
boat, cart, or carriage in or upon which there is reason to suspect that
anything stolen or unlawfully obtained may be found, and also any
person who may be reasonably suspected of having or conveying in any
manner anything stolen or unlawfully obtained; and any person to whom
any property is offered to be sold, pawned, or delivered, if he has reasonable
cause to suspect that any such offence has been committed with
respect to such property, or that the same or any part thereof has been
stolen or otherwise unlawfully obtained, is hereby authorized, and, if it
is in his power, is required, to apprehend and detain such offender, and
as soon as may be to deliver him into the custody of a constable, together
with such property, to be dealt with according to law.
29. It shall be lawful for any constable to stop and detain, until due
inquiry can be made, any person whom, and any horse, cart, or carriage,
or any other animal or thing which, he finds 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 such constable
has good grounds for believing that such removal is made for the purpose
of evading the payment of rent.
30. It shall be lawful for any constable belonging to the Police Force
to take into custody without warrant any person who is charged by any
other person with committing any aggravated assault, in every case in
which such constable has good reason to believe that such 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.
31.-(1.) When any person having charge of any horse, cart, carriage,
or boat, or any other animal or thing, is taken into the custody of any
constable under the provisions of this Ordinance, it shall be lawful for
any constable to take 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 person
having has charge thereof may become liable, and for payment of any
expenses which may have been necessarily incurred for taking charge of
and keeping the same.
(2.) It shall be lawful for any Magistrate before whom the case is
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 reasonable
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 and reasonable expenses.
32. Every person taken into custody by any constable belonging to
the Police Force without a warrant, except a person detained for the
mere purpose of ascertaining his name and residence, shall be forthwith
delivered into the custody of the constable in charge of the nearest police
Station, in order that such person may be secured until he can be
brought before a Magistrate to be dealt with according to law, or may
give bail for his appearance before a Magistrate, if the constable in charge
deems it prudent to tke bail in the manner hereinafter mentioned.
33. When 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, is, without the warrant of a Magistrate, in the
custody of any constable belonging to the Police Force in charge of any
Police Station, during the time when the Police Court or Magistrates'
Office is shut, it shall be lawful for such constable, if he deems it prudent,
to take the recognizance of such person, with or without sureties,
conditioned as hereinafter mentioned.
34. When any person charged with any felony, or any misdemeanor
punishable by imprisonment with hard labour, or any other grave misdemeanor,
is, without the warrant of a Magistrate, in the custody of any
constable belonging to the Police Force at any Police Station during the
time when the Police Court or Magistrates' Office is shut, it shall be
lawful for the constable in charge of the Police Station to require the
person making such charge to enter into a recognizance conditioned as
hereinafter mentioned; and, on his refusal to do so, it shall be lawful
for such constable, if he deems it prudent, to discharge from custody the
person so charged upon his own recognizance, with or without sureties,
conditioned as hereinafter mentioned.
35. Every recognizance 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 the Police Station is 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 Police Station, the name, residence, and occupation
of the party and his surety or sureties, if any, entering into such
recognizance, together with the condition thereof and the sum thereby
acknowledged, and shall return every such recognizance to the Magistrate
present at the time and place when and where the party is bound
to appear.
Possession of Stolen Goods.
36. Every person who is brought before any Magistrate charge with
having in his possession or conveying in any manner anything which
may be reasonably suspected of being stolend or unlawfully obtained, and
who does not give an account, to the satisfaction of the magistrate, how
he came by the same, shall be deemed guilty of a misdemeanor, and shall
be liable to a penalty not exceeding one hundred dollars, or, in the discretion
of the Magistrate, to imprisonment, with or without hard labour,
for any term not exceeding fourteen days.
37. If information is given upon oath to any Magistrate that there is
reasonable cause for suspecting that any thing stolen or unlawfully ob- tained is concealed or lodged in any dwelling-house or other place, it
shall be lawful for the Magistrate, by special warrant under his hand
directed to any constable, to cause every such dwelling-house or other
place to be entered and searched at amy time of the day or by night,if
power for that purpose is given by such warrant; and the Magistrate,
if it appears to him necessary, may empower such constable, with such
assistance as may be found necessary (shuch constable having previously
made known such his authority), to use force for the effecting such
entry, whether by breaking open doors or otherwise; and if, on search
thereupon made, any such thing is found, then to convey the sme before
a Magistrate, or to grard the same on the spot until the offender is
taken before a Magistrate, or otherwise to 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 appears to have been
privy to the deposit of amy such thing, knowing or having reasonable
cause to suspect the same to have been stolen or otherwise unlawfully
obtained.
38.--(1.) When any person is brought before any Magistrate charged
with having or conveying any thing stolen or unlawfully obtained, and
deelares 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, the Magistrate is hereby authorized and required to cause
every such person, and also if necessary every former or pretended purchaser
or other person into whose possession the same has passed, to be
brought before him and examined, and to examine withesses upon oath
touching the same.
(2.) If it appears to the Magistrate that amy person has 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 misdemeanor, and to have had possession of such thing at the
time and place when and where the same has been found and seized (and
the possession of a carrier, agent, or servant shall be deemed to be the
possession of the person who has employed such other person to convey
the same); and shall be liable to a penalty not exceeding one hundred
dollars, or, in the discretion of the Magistrate, to imprisonment, with or
without hard labour, for any term not exceeding three calendar months.
39.--(1.) If any goods are stolen or unlawfully obtained from any
person, or, having been lawfully obtained are unlawfully deposited,
pawned, pledged sold, or exchanged, and complaint is 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 has advaned money upon the credit of such goods, it
shall be lawful for the Magistrate to issue a summons or warrant for the
apearance of such broker or dealer, and for the production of such goods,
to be delivered up to the owner thereof, either without payment or on
payment of such sum and at such time as the Magistrate may think fit.
(2.) Every broker or dealer who, having been so ordered, refuses or
neglects to deliver up the goods, or who disoses of or makes away with
the same after notice that such goods were 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 recovering possession of such goods by action from the person into
whose possession they may come by virtue of the Magistrate's order,
provided that such action is commenced within six calendar months next
after such order has been made.
40.It shall be lawful for any Magistrate to order that any goods
brought before him which have been unlawfully pawned, pledged, or
exchanged, and the ownership of which is established to the satisfaction
of the magistrate, shall be delivered up to the owner by the person with
without compensation or with such compensation to that person as the
Magistrate may think fit.
41.When any goods or money charged to be stolen or unlawfully
obtained, and of which the owner is unknown, are or is ordered by any
Magistrate to be delivered to the Superintendent of Police, it shall be
lawful for a Magistrate, after the expiration of twelve calendar months
during which no owner has 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.
Miscellaneous Provisions
42.Whereas informations are often laid for the mere sake of gain, or
by parties not truly aggieved, and the offences charged in such informations
are not further prosccuted, or it appears upon prosecution that
there was no sufficient ground for making the charge: Be it enacted that
in every ease in which any information or complaint of any offence is
laid or made before any Magistrate and is not further prosecuted, or in
which, if further prosecuted, it appears to the Magistrate by whom the
case is heard that there was no sufficient ground for making the charge,
the Magistrate shall have power to award such amends, not exceeding
the sum of one hundred dollars, to be paid by the informant or complainant
to the party informed or complained against, for his loss of time and
expenses in the matter, as to the Magistrate may seem meet.
43. In case any person lays any information before any Magistrate for any offence alleged to have been committed, by which he was not
personally aggrieved, and afterwards directly or indirectly receives,
without the permission of a Magistrate, any sum of money or other
reward for compounding delaying or withdrawing the information,it
shall be lawful for any Magistrate to issue his warrant or summons,as
he may deem best, for bringing before him the person charged with the
offence of such compounding, delay, or withdrawal; and if such offence
is proved by the confession of the party or by the oath of any eredible
witness, such informer shall be liable to a penalty not exceeding one
hundred dollars.
44. For every second or subsequent offence under this Ordinance (not
being an offence made punishable under sections 4,5, and 13 to 19, both
inclusive) the offender shall be liable, in the discretion of the convicting
Magistrate,to a penalty in double the amount or to imprisonment, with
or without hard labour, for any length of time not more than fourteen
days where the pecuniary penaly imposed for the first offence does not excced
on ehundred dollars.
45. If any goods or money charged to be stolen or fraudulently obtained
are or is in the custody of any constable by virtue of any warrant
of a Magistrate, or in prosecution of any charge of felony or misdemeanor
in regard to the obtaining thereof, and the person charged with stealing
or obtaining possession as aforesaid is not found, or has been summarily
convicted or discharged, or has been tried and acquitted, or if such person
has been tried and found guilty, but he property so in custody has not
been included in any indictment or information on which he has been
found guilty, it shall be lawful for any Magistrate to make an order for
the delivery of such goods or money to the person who may 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 the
Magistrate may seem meet: Provided always that no such order shall be
any bar to the right of any person to sue the party to whom such goods
or money may be delivered, and to recover such goods or money from
him by an action, provided that such action is commenced within six
calendar months next after such order has been made.
46.--(1.) It shall be lawful for the Superintendent or other officer of
Police to require any person whose duty it may be to remove any filth or
obstruction, or to do any other matter or thing required to be done by
this Ordinance, to do so within a certain time to be then fixed by the said
Superintendent or other officer, and, in default of such requistion being
complied with, the said Superintendent or other officer shall and may
Summary Offences.
cause to be removed such filth or obstruction or do or cause to be done
such other matther or thing as aforesaid.
(2.) It shall be lawful for the Magistrate before whom the offender has
been convicted to order and adjudge such offender, in addition to the
penalties hereinbefore imposed, to pay such sum of money for defraying
the expenses of such removal, or of doing such other matter or thing, as
to the Magistrate may seem just and reasonable; and the sum so ordered
and adjudged shall be recoverable in the manner hereinafter provided
for the recovery of penalties imposed by this Ordinance.
47. Nothing in this Ordinance shall operate to the restraint or punishment
of any act or thing done under lawful authority or sanctioned by
the same, yet so as that in every case the proof of such lawful authority
shall lie on the person alleing the same.
48. All summary proceedings under this Ordinance may be had on
the information of any complainant.
49. Every person who, by committing any offence herein forbidden
within the Colony, has caused any hurt or damage to any person or property
may be apprehended, with or without warrant, by any constable
beloning to the Policy Force, and if he does not, on 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 on conviction shall pay such sum, not exceeding
one hundred dollars,as may appear to the Magistrate to be reasonable
amends to the person aggrieved, besides any penalty to which he
may be liable for the offence.
50. Nothing in this Ordinance shall be construed to prevent any person
from being indieted or being proceeded against by indietment or information
for any any indictable offence made punishable on summary conviction
by this Ordinance, or to prevent any person from being liable to him:
Provided, nevertheless, that no person be punished twice for the same
offence, and provided that no compensation has been awarded for such
hurt or damage.
51. The penalties imposed by this Ordinance shall be recovered in a
summary manner under and according to the provisions of any Ordinance
for the time being in force relating to the jurisdiction of Magistrates and
the practice and procedure before them in relation to offences punishable
on summary conviction.
A.D. 1845. Ordinance No. 14 of 1845, with Ordinances No. 17 of 1844, as am. By No. 28 of 1901, No. 12 of 1856 ss. 1, 6, 10, 14, No. 8 of 1858 ss. 20, 23, 28, 32, and No. 10 of 1872, as am. By No. 11 of 1900, incorporated. Short title. Interpretation of terms. Nuisances of various kinds committed in thoroughfare or public place or place adjacent thereto. Dressing stone in street, etc., in Victoria. Using street cries for buying or selling. Various other offences against good order. Apprehension of person committing offence mentioned in ss. 3-6. Various other nuisances, principally in the nature of trespass or damage. Occupying or building on Crown land, without licence. Prohibition of mendicancy. Penalty for violation of ss. 9 and 10. Uttering shouts while playing Chai Mui within prescribed hours and district. Making noise in night time calculated to disturb public tranquillity in Victoria or its vicinity. Case of watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor, etc., of dwelling-house when person making noise cannot be apprehended or identified. Power for constable to destroy rabid animal, and penalty on owner for allowing it to be at large. Power for constable to destroy stray dog. Firing cannon near dwelling-house. Various offences, principally relating to vessels, seamen, and merchandise. Removing land-mark. Wilfully cutting tree, etc. Possession of offensive weapon, etc., with intent to use it for unlawful purpose. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Apprehension of offender whose name and residence are unknown. Apprehension of disorderly person. Power for police constable and person aggrieved to apprehend offender in certain cases. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Power for constable to stop and detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charged with aggravated recent assault. Detention and sale of horse, etc., of person apprehended with such horse, etc., in his charge. Person apprehended without warrant to be taken to Police Station. ?Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Punishment of person suspected of having or conveying stolen thing. Granting of search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Power to order delivery of goods stolen or fraudulently obtained and in possession of broker or other dealer in second-hand property. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Ordering restoration of property unlawfully pawned. Not applicable to pawnbrokers: see Ordinance No. 1of 1860 s. 28. Sale of stole goods or money unclaimed for twelve months. Power to Magistrate to award amends to person charged on unfounded information or complaint. Penalty on common informer for compounding information without permission of Magistrate. Punishment of second or subsequent offence against the Ordinance. Power to order delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses of removal. Saving as to act done or sanctioned by lawful authority. Right to take summary proceedings. Awarding of compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties. See Ordinance No. 3 of 1890.
Summary Offences.
AN ORDINANCE to make provision for the Preservation of Good
Order and Cleanliness and the Prevention of Nuisances within
this Colony.
[26th December, 1845.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Summary Offences Ordinance,
1845.
2. In this Ordinance, unless the context otherwise requires,-
'Public Officer' or 'Public Department' extends to and includes
the Governor and every officer or department invested with or
performing duties of a public nature, whether under the immediate
control of the Governor or not:
'Lawful Authority' extends to and denotes any permission which
may be lawfully given by a public officer or department or by a
private person:
Where no specific description is given of the ownership of any property,
the word 'Property' shall be taken to apply to all such
property of the kinds specified, whether owned by the Crown, by a
public department, or by a private person:
Any word denoting the singular number and male sex shall be taken
to extend to any number of persons or things and fo both sexes.
Nuisances, Trespasses, and Similar Offences.
3. Every person shall be liable to a penalty not exceeding fifty dollars
who, within this Colony, in any thoroughfare or public place or adjacent
thereto, commits any of the following offence, that is to say,-
(1.) throws or lays, or causes or knowingly permits to be thrown or liad,
any carrion, dirt, soil straw, or dung, or any other filth, rubbish, or
noisome or offensive matter whatsoever, on any of the roads, streets,
ways or public passages, or into any well, stream, or watercourse,
ford, or reservoir for water, or any of the drains or sewers made or
to be made within the Colony; or permits or suffers any such
noisome or offence substance as aforesaid to remain exposed in
any drain, sewer, or elsewhere, opposite to or in the immediate
neighbourhood of his house; or allows any accummulation of filth
or offensive substances within the premises occupied by him. to the
annoyance of the inhabitants or passengers; or in any manner
the inhabitants of the Town of Victoria, or for the supplying with
water of ships resorting to the harbour of the Colony; or
(2.) commits any nuisance in the neigbourhood of any house or place
of public passage; or
(3.) sets out or leaves, or causes to be set out or left, any seaffolding,
bricks, lime, barrels, bales or cases of merchandise, or any other
matter or thing which obstructs, incommodes, or endangers, or
may obstruct, incommode, or endanger, any person or carriage in
any public road or thoroughfare; or
(4.) exposes 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 sets up or continues any pole, blind, awning, line, or 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 thoroughfare; or
(5.) encroaches on any public way or Crown land by erecting any
building, either on or projecting over the same, or constructs any
spout which projects the rain-water thereon; or
(6.) being the occupier or owner of any house, building, or other
erection, neglects to repair or remove the same when in a ruinous
or unsafe state, and when it endangers or may endanger the passengers
in any thoroughfare; or
(7.) rides or drives on any foot-path without obvious necessity; or
rides or drives in a furious manner, or so as to endanger the life or
limb of any person, or to the common danger of the passengers in
any public road or thoroughfare; or, when passing or meeting
another horse or carriage, does not keep to the customary side of
the road; or
(8.) leads or rides any horse or other animal, or draws or drives any
cart, carriage, sledge, truck, or barrow, upon any footway; or
fastens any horse or other animal so that it can stand across or upon
any footway; or turns loose any horse or cattle upon the public road
or thoroughfare; or
(9.) in any thoroughfare or public place, to the annoyance of the
inhabitants or passengers, kills or slaughters, or exposes for show
or sale (except in a market lawfully appointed for that purpose),
or feeds or fodders, any horse or other animal; or shoes, bleeds, or
farries any horse or other animal (except in case of accident); or
turns loose, cleans, dresses, exercises, trains, or breaks any horse or
other animal; or cleans, makes, or repairs any part of any cart
or carriage, except in case of accident, where repair on the spot is
necessary; or
(10.) keeps any dog accustomed to annoy passengers by barking or
otherwise; or suffers to be at large any unmuzzled ferocious dog or
other animal belonging to him; or sets on or urges any dog or other
animal to attrack, worry, or put in fear any person, horse, or other
animal; or
(11.) upon any public footway, rolls or carries any barrel, cast, butt,
or other thing calculated to annoy or incommode the passengers
thereon, except for the purposes of housing it or of loading any cart
or carriage on the other side of the footway; or
(12.) in, near, or adjoining any public road or thoroughfare, wantonly
or unnecessarily blows any horn, beats any gong or drum, or makes
any other noise calculated to annoy or alarm any person or to
frighten any horse or other animal; or
(13.) wantonly discharges any firearm, or throws or discharges any
stone or other missile, or makes any bonfire, or throws or sets fire
to any firework, to the damage or danager of any person; or
(14.) wilfully and wantonly disturbs any inhabitant by pulling or
ringing any door-bell, or by knocking or striking at any door
without lawful execuse; or wilfully and unlawfully extinguishes the
light of any lamp; or
(15.) plays at any game or pastime to the annoyance of the inhabitants
or passengers; or
(16.) plays at any game in any public passage or road, so as to obstruct
the same or create a noisy assembly therein; or
(17.) lewdly and indecently exposes his person by bathing or otherwise
near any public road or dwelling-house.
4. Every person shall be liable to a penalty not exceeding twenty-five
dollars who, within the Town of Victoria, in any streets, thoroughfare, or
public place, or in any place adjacent thereto, contrary to any regulations
to be published from time to time by the Governor-in-Council, rough
dresses or causes to be rough dressed granited or any other stone whatever,
for the erection of any building or for any other purpose.
5. Every person shall be liable to a penalty not exceeding twenty-five
dollars who uses or utters cries for the purpose of buying or selling any
article whatever, or who makes any noise whatever with the object of
disposing of or attracting attention to his goods, wares, or trade, within
any district or place not permitted by some regulation of the Governor-in-
Council.
6. Every person shall be liable to a penalty not exceeding fifty dollars
who, within the Colony, commits any of the following offences, that is to
say,-
(1.) erects any shed or house of matting or other inflammable material,
so as in case of fire to endanger any neighbouring building; or,
(2.) without the consent of the owner or occupier, affixes any posting-bill
or other paper against or upon any building, wall, fence, or
pale; or writes upon, soils, defaces, or marks any building, wall,
fences, or pale with chalk or paint, or in any other way whatsoever;
or wilfully breaks, destroys, or damages any part of any
building, wall, fence, or pale, or any fixture or appendage thereto;
or,
(3.) being employed as a domestic servant, neglect, or without just
cause absents himself from, his duty without the leave of his em-
ployer, or leaves his employer's services without giving reasonable
notice to the said employer; or wilfully disobeys his employer's
lawful and reasonable orders; or uses any abusive or insulting language
or behaviour to his employer; or is guilty of riotous and
disorderly conduct; or
(4.) neglects to affix to his house, and keep alight during the night,
such lamp or lanthorn as may be required an approved of by the
Superintendent of Police; or
(5.) keeps a house or other building for the occupation or resort of
public prostitutes, to the annoyance of any person inhabiting or
residing near thereto; or
(6.) assembles together with other persons in the night-time without
lawful excuse; or, seeing any such illegal assemblage, or knowing
or having reason to suspect that such assemblage has taken place
or is about to take place, does not give immediate notice thereof to
the nearest guard-house or Police Station or to some constable belonging
to the Police Force; or,
(7.) being employed as a private guard or watchman, sleeps on his
post, or is negligent, remiss, or cowardly in the execution of his
duty; or
(8.) wantonly or cruelly mutilates or otherwise ill-uses any horse,
mule, dog, or other animal.
7.-(1.) It shall be lawful for any constable belonging to the Police
Force to take into custody without warrant any person who has committed
within view of such constable any offence mentioned in the last four
preceding sections, or, if such offence has not been committed within view of
such constable, then on the complaint of any person who has been injured
or annoyed by, or been witness to, the commission of such offence.
(2.) In the absence of any such constable, it shall be lawful for any
person so injured or annoyed, or who has seen the offence committed, to
seize and detain the offender until he can be given into the custody of
such constable, or until he can be taken before a Magistrate.
8. The offences next hereinafter specified shall be deemed to be nuisances
within the meaning of all laws at any time in force within the
Colony for the better repression of nuisances, save that the Court of Magistrate
before whom any person is found guilty of any such offence, in
lieu of all other punishment for the same, shall order him of every such
offence to pay a penalty not exceeding one hundred dollars, that is to
say, -
(1.) the felling, cutting, destroying, or injuring of any standing or
growing tree, shrub, or underwood, any grass-sod or turf, or any
fence or portion thereof (except in any case where any such offence
is proved to have been committed with a felonious intention);
(2.) the doing any act whereby injury or obstruction, whether directly
or consequentially, may accrue to a public road, path, or walk, or
to the shore of the sea, or to navigation, mooring, or anchorage,
transit or traffic;
(3.) the trespassing, by man or beast, upon or in any messuage, tenement,
cemetery, or land being vested in or under the control or
management of any public officer or department whatsoever; and
(4.) the obeying any call of nature on any way or in any public exposed
or other improper place, to the annoyance of other persons.
9.-(1). No private person shall occupy or erect any building or other
thing whatsoever upon land not being under lease from the Crown,
without the licence of the Surveyor General; nor with such licence, if
the same could not have been lawfully occupied or erected before the
commencement of this Ordinance.
(2.) In this section the word 'building' includes any ships, out-house,
shed, or roof.
10. Mendicancy in the public highways or streets is hereby forbidden.
11. Every person who violates, disobeys, or fails to comply with any
of the provisions of the last two preceeding sections shall be liable to
a penalty not exceeding five dollars.
12.-(1.) No person shall uttere any shouts or cries or make other
noises while playing the game known as Chai-Mui within the hours
prescribed for any district or place by any regulation of the
Governor-in-Council published in The Gazette.
(2.) Every person who contravenes this enactment shall be liable to
a penalty not exceeding ten dollars; Provided that where such contravention
takes place in any brothel or common lodging-house, the
keeper, mistress, or other person having or appearing to have the care
or management of such brothel or common lodging-house, either alone
or with other, shall be liable to the same penalty.
13.-(1.) No person shall, between sunset and the hour of six in the
following morning, make or cause to be made any noise whatever calculated
to disturb, annoy, interfere with the public tranquillity or the
quiet of the occupier or inhabitant of any dwelling-house within the
Town of Victoria or its vicinity.
(2.) In case any person makes or causes to be made any such noise as
aforesaid, it shall be lawful for any such occupier or inhabitant, or for
any officer charged with preservation of the peace, or for any constable
or policeman or other person to summon the person so offending
before a Magistrate, and it shall be lawful for such Magistrate, on due
investigation and proof of the person having offended against the
provisions aforesaid, to proceed against and in a summary manner to fine
the person so offending in any sum not exceeding one hundred dollars.
14. If, no any such investigation or proof as aforesaid, it appears to
such Magistrate that the person so offending acted as watchman or
servant of the proprietor or occupier of any dwelling-house, warehouse,
or other out-house, office, or premises, or of the inhabitant or person
in charge thereof, or by or with the direction, knowledge, sanction,
sufferance, or permission of such proprietor or occupier or of such inhabitant
or person in charge as aforesaid, then and in such case it shall be
lawful for such Magistrate to dismiss the charge as against the watchman
or servant or person acting as such so offending as aforesaid and to
summon or cause to be summoned forthwith before him the proprietor or
occupier, or inhabitant or person in charge thereof as aforesaid, having
so directed, sanctioned, suffered, or permitted the making such nosise as
aforesaid, suffered, or permitted the making of the said noise so made
by the watchman or servant or person acting as such as aforesaid, then
it shall be lawful for such Magistrate to fine such proprietor or occupier,
or inhabitant or person in charge as aforesaid, in any sum not exceeding
one hundred dollars.
15. When and so often as any such noise as aforesaid is made in or
upon any dwelling-house or premises, if it is impracticable or difficult to
apprehend, discover, or identify the persone so making such noise as aforesaid,
then and in such case it shall be lawful for such Magistrate, on
information thereof, to summon before him the proprietor or occupier, or
inhabitant or person in charge, of such dwelling house or premises, and
if it appears, on due investigation and proof, that such noise as aforesaid
was made in or upon the said dwelling-house or premises by the direction
or with the knowledge, sanction, sufferance, or permission of the proprietor,
occupier, inhabitant, or person in charge thereof, to impose on
hime such and the like penalty as is mentioned in the last preceding section.
16.-(1.) It shall be lawful 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.
(2.) The owner of any such dog or animal who permits 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 a penalty not exceeding one hundred dol-
lars.
17. It shall be lawful for any constbale belonging to the Police Force
to destroy any dog which is 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 any such constable
is hereby further authorized to destroy any dog which is found straying
or wandering about between the hours of ten o'clock at night and gun-
fire in the morning.
18. No person, other than a person acting in obedience to lawful
authority, shall discharge any cannon or other firearm of greater calibre
than a common fowling-piece within three hundred yards of any dwelling-house
within the Colony, to the annoyance of any inhabitant thereof;
and every person who, after being warned of the annoyance by any
inhabitant, so discharges any such firearm, shall be liable to a penalty not
exceeding one hundred dollars.
19. Every person who within the Colony, or in the harbour or waters
thereof, commits any of the following offences shall be liable to a penalty
not exceeding one hundred dollars, or, in the discretion of the convicting
Magistrate, to imprisonment for any term not exceeding fourteen
days, that is to say,-
(1.) knowingly takes in exchanges 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 any such vessel, or any stores or articles in charge of
the owner or master of any such vessel; or,
(2.) for the purpose of protecting or preventing any thing whatsoever
from being lawfully seized within the Colony or in the harbour
or waters thereof, on suspicion of its being stolen or otherwise
unlawfully obtained, or or preventing the same from being produced
or made to serve as evidence concerning any felony or midemeanor
committed or supposed to have been committed within the Colony
or in the harbour or waters thereof, frames or causes 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 fraudulently produces such bill or parcels, knowing the same to
have been fraudulently framed; or
(3.) bores, pierces, breaks, cuts open, or otherwise injures any cask,
box, or package containing wine, spirits, or other liquors on board
any ships, 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 unlawfully drinks or
wilfully spills or allows to run to waste any part of the contents
thereof; or
(4.) wilfully causes 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.
20. Every person who removes or carries away any stone or stake
driven into the ground as 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 not exceeding fifty dollars, or, in the discretion of the convicting
Magistrate, to imprisonment for any term not exceeding seven
days.
21. Every person who wilfully-
(1.) cuts, breks, damages, injures, or destroys any tree, shrub, or underwood,
whether the same is the property of the Crown or of any
private person; or
(2.) damages, breaks, or destroys any fence, or any wall, bridge, or
embankment.
shall be liable to a penalty not exceeding one hundred dollars, or, in the
discretion of the convicting Magistrate, to imprisonment for any term
not exceeding fourteen days.
Offences against Good Order.
22. Every person who has in his possession any spear, bludgeon, or
other offensive weapon, or any crowbar, picklock, skeleton-key, or other
instrument fit for unlawful purposes, with intent to use the same for any
such unlawful purpose, or is unable to give a satisfactory account of his
possession thereof, shall be liable to a penalty not exceeding one hundred
dollars, or, in the discretion of the convicting Magistrate, to imprisonment
for any term not exceeding fourteen days.
23. Every person who behaves in a riotous, noisy, or disorderly manner,
or uses any 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 occassioned, shall be liable
to a penalty not exceeding fifty dollars, or, in the discretion of the convicting
Magistrate, to imprisonment for any term not exceeding seven days.
24. Every person, not being a constable of the Police Force, who-
(1.) has in his possession any article being part of the clothing,
accoutrements, or appointments supplied to any such constable, and
is not able satisfactorily to account for his possession thereof; or
(2.) puts on the dress, or takes the name, designation, or character, of
any such constable, for the purpose of thereby obtaining admission
into any house or other place, or of doing or procuring to be done
any act which such constable 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 punishment to which he may be liable
for such offence, be liable to a penalty not exceeding on hundred dollars.
Apprehension of Offender, etc.
25. It shall be lawful for any constable belonging to the Police Force,
and for all persons whom he may call to his assistance, to take into
custody without warrant any person who within view of such constable
offends in any manner against this Ordinance, and whose name and
residence are unknown to such constable and cannot be ascertained by
such constable.
26. It shall be lawful for any constable belonging to the Police Force
to take into custody without warrant any loose, idle, and disorderly
person whom he finds disturbing the public peace, or whom he has
good cause to suspect of having committed or being about to commit any
felony, misdemeanor, or breach of the peace, and any person whom he
finds between sunset and the hour of six in the following morning lying
or loitering in any highway, yard, or other place, and who cannot give a
satisfactory account of himself.
27. Any person found committing any offence punishable either on
indictment or as a misdemeanor on summary conviction by virtue of
this Ordinance may be taken into custody without warrant by any
constable, or may be apprehended by the owner of the property on or
with respect to which the offence is committed, or by his servant or any
person authorized by him, and may be detained until he can be delivered
into the custody of a constable, to be dealt with according to law.
28. Any such constable may also stop, search, and detain any vessel,
boat, cart, or carriage in or upon which there is reason to suspect that
anything stolen or unlawfully obtained may be found, and also any
person who may be reasonably suspected of having or conveying in any
manner anything stolen or unlawfully obtained; and any person to whom
any property is offered to be sold, pawned, or delivered, if he has reasonable
cause to suspect that any such offence has been committed with
respect to such property, or that the same or any part thereof has been
stolen or otherwise unlawfully obtained, is hereby authorized, and, if it
is in his power, is required, to apprehend and detain such offender, and
as soon as may be to deliver him into the custody of a constable, together
with such property, to be dealt with according to law.
29. It shall be lawful for any constable to stop and detain, until due
inquiry can be made, any person whom, and any horse, cart, or carriage,
or any other animal or thing which, he finds 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 such constable
has good grounds for believing that such removal is made for the purpose
of evading the payment of rent.
30. It shall be lawful for any constable belonging to the Police Force
to take into custody without warrant any person who is charged by any
other person with committing any aggravated assault, in every case in
which such constable has good reason to believe that such 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.
31.-(1.) When any person having charge of any horse, cart, carriage,
or boat, or any other animal or thing, is taken into the custody of any
constable under the provisions of this Ordinance, it shall be lawful for
any constable to take 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 person
having has charge thereof may become liable, and for payment of any
expenses which may have been necessarily incurred for taking charge of
and keeping the same.
(2.) It shall be lawful for any Magistrate before whom the case is
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 reasonable
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 and reasonable expenses.
32. Every person taken into custody by any constable belonging to
the Police Force without a warrant, except a person detained for the
mere purpose of ascertaining his name and residence, shall be forthwith
delivered into the custody of the constable in charge of the nearest police
Station, in order that such person may be secured until he can be
brought before a Magistrate to be dealt with according to law, or may
give bail for his appearance before a Magistrate, if the constable in charge
deems it prudent to tke bail in the manner hereinafter mentioned.
33. When 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, is, without the warrant of a Magistrate, in the
custody of any constable belonging to the Police Force in charge of any
Police Station, during the time when the Police Court or Magistrates'
Office is shut, it shall be lawful for such constable, if he deems it prudent,
to take the recognizance of such person, with or without sureties,
conditioned as hereinafter mentioned.
34. When any person charged with any felony, or any misdemeanor
punishable by imprisonment with hard labour, or any other grave misdemeanor,
is, without the warrant of a Magistrate, in the custody of any
constable belonging to the Police Force at any Police Station during the
time when the Police Court or Magistrates' Office is shut, it shall be
lawful for the constable in charge of the Police Station to require the
person making such charge to enter into a recognizance conditioned as
hereinafter mentioned; and, on his refusal to do so, it shall be lawful
for such constable, if he deems it prudent, to discharge from custody the
person so charged upon his own recognizance, with or without sureties,
conditioned as hereinafter mentioned.
35. Every recognizance 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 the Police Station is 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 Police Station, the name, residence, and occupation
of the party and his surety or sureties, if any, entering into such
recognizance, together with the condition thereof and the sum thereby
acknowledged, and shall return every such recognizance to the Magistrate
present at the time and place when and where the party is bound
to appear.
Possession of Stolen Goods.
36. Every person who is brought before any Magistrate charge with
having in his possession or conveying in any manner anything which
may be reasonably suspected of being stolend or unlawfully obtained, and
who does not give an account, to the satisfaction of the magistrate, how
he came by the same, shall be deemed guilty of a misdemeanor, and shall
be liable to a penalty not exceeding one hundred dollars, or, in the discretion
of the Magistrate, to imprisonment, with or without hard labour,
for any term not exceeding fourteen days.
37. If information is given upon oath to any Magistrate that there is
reasonable cause for suspecting that any thing stolen or unlawfully ob- tained is concealed or lodged in any dwelling-house or other place, it
shall be lawful for the Magistrate, by special warrant under his hand
directed to any constable, to cause every such dwelling-house or other
place to be entered and searched at amy time of the day or by night,if
power for that purpose is given by such warrant; and the Magistrate,
if it appears to him necessary, may empower such constable, with such
assistance as may be found necessary (shuch constable having previously
made known such his authority), to use force for the effecting such
entry, whether by breaking open doors or otherwise; and if, on search
thereupon made, any such thing is found, then to convey the sme before
a Magistrate, or to grard the same on the spot until the offender is
taken before a Magistrate, or otherwise to 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 appears to have been
privy to the deposit of amy such thing, knowing or having reasonable
cause to suspect the same to have been stolen or otherwise unlawfully
obtained.
38.--(1.) When any person is brought before any Magistrate charged
with having or conveying any thing stolen or unlawfully obtained, and
deelares 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, the Magistrate is hereby authorized and required to cause
every such person, and also if necessary every former or pretended purchaser
or other person into whose possession the same has passed, to be
brought before him and examined, and to examine withesses upon oath
touching the same.
(2.) If it appears to the Magistrate that amy person has 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 misdemeanor, and to have had possession of such thing at the
time and place when and where the same has been found and seized (and
the possession of a carrier, agent, or servant shall be deemed to be the
possession of the person who has employed such other person to convey
the same); and shall be liable to a penalty not exceeding one hundred
dollars, or, in the discretion of the Magistrate, to imprisonment, with or
without hard labour, for any term not exceeding three calendar months.
39.--(1.) If any goods are stolen or unlawfully obtained from any
person, or, having been lawfully obtained are unlawfully deposited,
pawned, pledged sold, or exchanged, and complaint is 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 has advaned money upon the credit of such goods, it
shall be lawful for the Magistrate to issue a summons or warrant for the
apearance of such broker or dealer, and for the production of such goods,
to be delivered up to the owner thereof, either without payment or on
payment of such sum and at such time as the Magistrate may think fit.
(2.) Every broker or dealer who, having been so ordered, refuses or
neglects to deliver up the goods, or who disoses of or makes away with
the same after notice that such goods were 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 recovering possession of such goods by action from the person into
whose possession they may come by virtue of the Magistrate's order,
provided that such action is commenced within six calendar months next
after such order has been made.
40.It shall be lawful for any Magistrate to order that any goods
brought before him which have been unlawfully pawned, pledged, or
exchanged, and the ownership of which is established to the satisfaction
of the magistrate, shall be delivered up to the owner by the person with
without compensation or with such compensation to that person as the
Magistrate may think fit.
41.When any goods or money charged to be stolen or unlawfully
obtained, and of which the owner is unknown, are or is ordered by any
Magistrate to be delivered to the Superintendent of Police, it shall be
lawful for a Magistrate, after the expiration of twelve calendar months
during which no owner has 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.
Miscellaneous Provisions
42.Whereas informations are often laid for the mere sake of gain, or
by parties not truly aggieved, and the offences charged in such informations
are not further prosccuted, or it appears upon prosecution that
there was no sufficient ground for making the charge: Be it enacted that
in every ease in which any information or complaint of any offence is
laid or made before any Magistrate and is not further prosecuted, or in
which, if further prosecuted, it appears to the Magistrate by whom the
case is heard that there was no sufficient ground for making the charge,
the Magistrate shall have power to award such amends, not exceeding
the sum of one hundred dollars, to be paid by the informant or complainant
to the party informed or complained against, for his loss of time and
expenses in the matter, as to the Magistrate may seem meet.
43. In case any person lays any information before any Magistrate for any offence alleged to have been committed, by which he was not
personally aggrieved, and afterwards directly or indirectly receives,
without the permission of a Magistrate, any sum of money or other
reward for compounding delaying or withdrawing the information,it
shall be lawful for any Magistrate to issue his warrant or summons,as
he may deem best, for bringing before him the person charged with the
offence of such compounding, delay, or withdrawal; and if such offence
is proved by the confession of the party or by the oath of any eredible
witness, such informer shall be liable to a penalty not exceeding one
hundred dollars.
44. For every second or subsequent offence under this Ordinance (not
being an offence made punishable under sections 4,5, and 13 to 19, both
inclusive) the offender shall be liable, in the discretion of the convicting
Magistrate,to a penalty in double the amount or to imprisonment, with
or without hard labour, for any length of time not more than fourteen
days where the pecuniary penaly imposed for the first offence does not excced
on ehundred dollars.
45. If any goods or money charged to be stolen or fraudulently obtained
are or is in the custody of any constable by virtue of any warrant
of a Magistrate, or in prosecution of any charge of felony or misdemeanor
in regard to the obtaining thereof, and the person charged with stealing
or obtaining possession as aforesaid is not found, or has been summarily
convicted or discharged, or has been tried and acquitted, or if such person
has been tried and found guilty, but he property so in custody has not
been included in any indictment or information on which he has been
found guilty, it shall be lawful for any Magistrate to make an order for
the delivery of such goods or money to the person who may 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 the
Magistrate may seem meet: Provided always that no such order shall be
any bar to the right of any person to sue the party to whom such goods
or money may be delivered, and to recover such goods or money from
him by an action, provided that such action is commenced within six
calendar months next after such order has been made.
46.--(1.) It shall be lawful for the Superintendent or other officer of
Police to require any person whose duty it may be to remove any filth or
obstruction, or to do any other matter or thing required to be done by
this Ordinance, to do so within a certain time to be then fixed by the said
Superintendent or other officer, and, in default of such requistion being
complied with, the said Superintendent or other officer shall and may
Summary Offences.
cause to be removed such filth or obstruction or do or cause to be done
such other matther or thing as aforesaid.
(2.) It shall be lawful for the Magistrate before whom the offender has
been convicted to order and adjudge such offender, in addition to the
penalties hereinbefore imposed, to pay such sum of money for defraying
the expenses of such removal, or of doing such other matter or thing, as
to the Magistrate may seem just and reasonable; and the sum so ordered
and adjudged shall be recoverable in the manner hereinafter provided
for the recovery of penalties imposed by this Ordinance.
47. Nothing in this Ordinance shall operate to the restraint or punishment
of any act or thing done under lawful authority or sanctioned by
the same, yet so as that in every case the proof of such lawful authority
shall lie on the person alleing the same.
48. All summary proceedings under this Ordinance may be had on
the information of any complainant.
49. Every person who, by committing any offence herein forbidden
within the Colony, has caused any hurt or damage to any person or property
may be apprehended, with or without warrant, by any constable
beloning to the Policy Force, and if he does not, on 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 on conviction shall pay such sum, not exceeding
one hundred dollars,as may appear to the Magistrate to be reasonable
amends to the person aggrieved, besides any penalty to which he
may be liable for the offence.
50. Nothing in this Ordinance shall be construed to prevent any person
from being indieted or being proceeded against by indietment or information
for any any indictable offence made punishable on summary conviction
by this Ordinance, or to prevent any person from being liable to him:
Provided, nevertheless, that no person be punished twice for the same
offence, and provided that no compensation has been awarded for such
hurt or damage.
51. The penalties imposed by this Ordinance shall be recovered in a
summary manner under and according to the provisions of any Ordinance
for the time being in force relating to the jurisdiction of Magistrates and
the practice and procedure before them in relation to offences punishable
on summary conviction.
A.D. 1845. Ordinance No. 14 of 1845, with Ordinances No. 17 of 1844, as am. By No. 28 of 1901, No. 12 of 1856 ss. 1, 6, 10, 14, No. 8 of 1858 ss. 20, 23, 28, 32, and No. 10 of 1872, as am. By No. 11 of 1900, incorporated. Short title. Interpretation of terms. Nuisances of various kinds committed in thoroughfare or public place or place adjacent thereto. Dressing stone in street, etc., in Victoria. Using street cries for buying or selling. Various other offences against good order. Apprehension of person committing offence mentioned in ss. 3-6. Various other nuisances, principally in the nature of trespass or damage. Occupying or building on Crown land, without licence. Prohibition of mendicancy. Penalty for violation of ss. 9 and 10. Uttering shouts while playing Chai Mui within prescribed hours and district. Making noise in night time calculated to disturb public tranquillity in Victoria or its vicinity. Case of watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor, etc., of dwelling-house when person making noise cannot be apprehended or identified. Power for constable to destroy rabid animal, and penalty on owner for allowing it to be at large. Power for constable to destroy stray dog. Firing cannon near dwelling-house. Various offences, principally relating to vessels, seamen, and merchandise. Removing land-mark. Wilfully cutting tree, etc. Possession of offensive weapon, etc., with intent to use it for unlawful purpose. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Apprehension of offender whose name and residence are unknown. Apprehension of disorderly person. Power for police constable and person aggrieved to apprehend offender in certain cases. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Power for constable to stop and detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charged with aggravated recent assault. Detention and sale of horse, etc., of person apprehended with such horse, etc., in his charge. Person apprehended without warrant to be taken to Police Station. ?Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Punishment of person suspected of having or conveying stolen thing. Granting of search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Power to order delivery of goods stolen or fraudulently obtained and in possession of broker or other dealer in second-hand property. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Ordering restoration of property unlawfully pawned. Not applicable to pawnbrokers: see Ordinance No. 1of 1860 s. 28. Sale of stole goods or money unclaimed for twelve months. Power to Magistrate to award amends to person charged on unfounded information or complaint. Penalty on common informer for compounding information without permission of Magistrate. Punishment of second or subsequent offence against the Ordinance. Power to order delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses of removal. Saving as to act done or sanctioned by lawful authority. Right to take summary proceedings. Awarding of compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties. See Ordinance No. 3 of 1890.
Abstract
A.D. 1845. Ordinance No. 14 of 1845, with Ordinances No. 17 of 1844, as am. By No. 28 of 1901, No. 12 of 1856 ss. 1, 6, 10, 14, No. 8 of 1858 ss. 20, 23, 28, 32, and No. 10 of 1872, as am. By No. 11 of 1900, incorporated. Short title. Interpretation of terms. Nuisances of various kinds committed in thoroughfare or public place or place adjacent thereto. Dressing stone in street, etc., in Victoria. Using street cries for buying or selling. Various other offences against good order. Apprehension of person committing offence mentioned in ss. 3-6. Various other nuisances, principally in the nature of trespass or damage. Occupying or building on Crown land, without licence. Prohibition of mendicancy. Penalty for violation of ss. 9 and 10. Uttering shouts while playing Chai Mui within prescribed hours and district. Making noise in night time calculated to disturb public tranquillity in Victoria or its vicinity. Case of watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor, etc., of dwelling-house when person making noise cannot be apprehended or identified. Power for constable to destroy rabid animal, and penalty on owner for allowing it to be at large. Power for constable to destroy stray dog. Firing cannon near dwelling-house. Various offences, principally relating to vessels, seamen, and merchandise. Removing land-mark. Wilfully cutting tree, etc. Possession of offensive weapon, etc., with intent to use it for unlawful purpose. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Apprehension of offender whose name and residence are unknown. Apprehension of disorderly person. Power for police constable and person aggrieved to apprehend offender in certain cases. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Power for constable to stop and detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charged with aggravated recent assault. Detention and sale of horse, etc., of person apprehended with such horse, etc., in his charge. Person apprehended without warrant to be taken to Police Station. ?Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Punishment of person suspected of having or conveying stolen thing. Granting of search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Power to order delivery of goods stolen or fraudulently obtained and in possession of broker or other dealer in second-hand property. Not applicable to pawnbrokers: see Ordinance No. 1 of 1860 s. 28. Ordering restoration of property unlawfully pawned. Not applicable to pawnbrokers: see Ordinance No. 1of 1860 s. 28. Sale of stole goods or money unclaimed for twelve months. Power to Magistrate to award amends to person charged on unfounded information or complaint. Penalty on common informer for compounding information without permission of Magistrate. Punishment of second or subsequent offence against the Ordinance. Power to order delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses of removal. Saving as to act done or sanctioned by lawful authority. Right to take summary proceedings. Awarding of compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties. See Ordinance No. 3 of 1890.
Identifier
https://oelawhk.lib.hku.hk/items/show/547
Edition
1901
Volume
v1
Subsequent Cap No.
228
Cap / Ordinance No.
No. 1 of 1845
Number of Pages
16
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUMMARY OFFENCES ORDINANCE, 1845,” Historical Laws of Hong Kong Online, accessed January 19, 2025, https://oelawhk.lib.hku.hk/items/show/547.
