NAVAL STORES ORDINANCE, (HONGKONG), 1875
Title
NAVAL STORES ORDINANCE, (HONGKONG), 1875
Description
ORDINANCE NO. 4 OF 1875
Naval Stores Ordinance, (Hongkong), 1875.
AN ORDINANCE for the more effectual Protection of Her Majesty's
Naval Stores. [ 13th July, 1875]
BE it enacted by the Governor of hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This ordiance may be cited as the Naval Stores Ordinance,
(Hongkong), 1875.
2. In this ordinance-
'the admiralty' means the lord high admiral of the united
kingdom or the commissioners for executing the office of lord
high admiral, and includes the officer in command of her majesty's
naval forces in the colony:
'dealer in marine stores' means any person dealing in, buying,
and selling anchors, cables, sails, or old junk, old iron, or marine
stores of any description;
'dealer in old metals' means any person dealing in, buying, and
selling old metal, scrap metal, broken metal, or partly manufactured
metal goods, or defaced or old metal goods, and whether such
person deals in such articles only or together with second hand
goods or marine stores; and 'old metal' means the said articles:
'in her majesty's service,' wehn applied to persons, applies also
to persons in the employment of the admiralty;
'stores' include all goods and chattels and any single store or
article.
3 no person shall, aftr the commencement of this ordinance, use or
exercise the trade or business of a dealer in marine stores, or a dealer in
old metals, unless he is the holder of a licence for that purpose.
4 every such licence shall be greanted by and held at the discretion
of the governor, on such conditions as to fees and subject to such regulations
as my from time to time be prescibed by the governor-in-council.
5 every dealer in marine stores to whom a licence is granted shall
keep a book or books fairly written, and shall enter therein an account
of all such marine stores or old metal as he may from time to time
become possessed of, stating in respect of each article the time at which
and the person from whom he purchased or received the same, adding,
in the case of every such last-mentioned person, a description of his
business and place of abode.
6 every person to whom such licence is granted shall, whenever
thereunto required by any superintendent or inspector of police or by
any other member of the police force, bearing a written order in that
behalf under the hand of a superintendent, produce for the inspection of
the party so requiring him all or any marine stores or old metal in his
possession or subject to his control and all books and papers relating to
the same.
7 every person who acts in contravention of the provisions contained
in any of the secion 3, 5, and 6, or of any regulation made under section
4, shall, on summary conviction before a magistrate, be liable to a
penalty not exceeding two hundred dollars or to imprisonment, with or
without hard labour, for any term not exceeding three months.
8-(1) the marks described in the schedule to this ordinance may
be applied in or on stores therein described to denote her majesty's
property in stores so marked.
(2) it shall be lawful for the admiraly, their contractors, officers,
and workmen, t apply the said marks, or any of them, in or on any
such stores as are described in the said schedule.
(3) every person who, without lawful authority, (the proof whereof
shall lie on him), applies any of the said marks in or on any such
stores shall be guilty of a misdemeanor, and shall be liable to imprisonment,
with or without hard labour, for any term not exceeding two
years.
9 every person who, with intent to conceal her majesty's property
in any stores, takes out, destroys, or obliterates, whooly or in part, any
such mark as aforesaid shall be guilty of felony, and shall be liable, in
the discretion of the curt, to imprisonment with hard labour for any
term not exceeding four years or to imprisonment for any term not
exceeding two years, with or without hard labour and with or without
solitary confinement.
10-(1) if stores are found in the possession or keeping of any person
being in her majesty's service or in the service of the admiralty, or
being a dealer in marine stores or in old metals ora pawnbroker
(within the meaning of any enactments for the time being in force
relating to such dealers or to pawnbrokers), and he is taken or summoned
befor a magistrate, and the magistrate sees reasonable grounds for
beleving the stores found to be or to have been her majesty's propery,
then, if such person does not satisfy the magistrate that he came lawfully
by the stores found, he shall, on summary conviction before a magistrate,
be liable to a penalty not exceeding twenty-five dollars.
(2) for the purposes of this section, stores shall be deemed to be in
the possession or keeping of any person if he knowingly has them in
the actual possession or keeping of any person or in any house,
buikding, oldging, apartment, field, or place, open of enclosed, whether
occupied by himself or not and whether the same are so had for his own
use or benefit or for the use or benefit of another person.
11-(1) it shall not be lawful for any person, without permission in
writing from the admiralty or from some person authorized by the
admiralty in that behalf, (proof of which permission shall lie on him),
to gather or search for stores, or to creep, seeep, or dredge, in the
habour of victoria within one hundred yards from any vessel belonging
to her majesty or in her majesty's service, or from any mooring
place or anchoring place appropriated to such vessels, or from any
moorings belonging to her majesty, or from any of her majesty's
wharves or dock, victualling, or steam factory yards.
(2) every person who acts in contravention of this section shall, on
summary conviction before a magistrate, be liable to a ernalty not
exceeding twenty-five dollars or to imprisonment, with or without hard
labour, for any term not exceeding three months.
12 the following sections of the larceny ordinance, 1865, shall be
incorporated with htis ordinance, and shall, for the purposes of this
ordinance, be read as if they were here re-enacted, namely, sections 86
to 88, 91, and 94 to 102, all inclusive; and for this purpose the expression
'this ordinance,' when used in the said incorporated sections, shall
be taken to include the present ordinance.
13. nothing in this ordiance shall prevent any person from being
indicted under this ordinance or otherwise for any indictable offence
made punishable on summary conviction by this ordinance, or prevent
any person from being liable under any other ordinance or otherwise
to any other or higher penalty or punishment thant is provided for any
offence by this ordinance, so that no person is punished twice for the
same offence.
SCHEDULE.
MARKS APPROPRIATED FOR HER MAJESTY'S USE IN OR ON NAVAL
AND VICTUALLING STORES
A.D. 1875. Ordinance No.9 of 1875.
Short title.
Interpretation of terms. Prohibition of person dealing in marine stores, etc., without licence. Granting and conditions of licence. Keeping of books by licence-holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contravention of the Ordinance, etc. Appropriation of marks for Her Majesty's stores. Schedule. Punishment for obliteration of mark, with intent to conceal Her Majesty's property. Penalty on dealer, etc., found in possession of stores, and not accounting for them. See Ordinance No. 1 of 1860. Prohibition of unauthorized person gathering stores, etc., within 100 yards of any of Her Majesty's vessel, etc. Incorporation of certain sections of the Larceny Ordinance, 1865. No. 5 of 1865. Saving of liability of offender to be indicted.
Section 8.
Naval Stores Ordinance, (Hongkong), 1875.
AN ORDINANCE for the more effectual Protection of Her Majesty's
Naval Stores. [ 13th July, 1875]
BE it enacted by the Governor of hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This ordiance may be cited as the Naval Stores Ordinance,
(Hongkong), 1875.
2. In this ordinance-
'the admiralty' means the lord high admiral of the united
kingdom or the commissioners for executing the office of lord
high admiral, and includes the officer in command of her majesty's
naval forces in the colony:
'dealer in marine stores' means any person dealing in, buying,
and selling anchors, cables, sails, or old junk, old iron, or marine
stores of any description;
'dealer in old metals' means any person dealing in, buying, and
selling old metal, scrap metal, broken metal, or partly manufactured
metal goods, or defaced or old metal goods, and whether such
person deals in such articles only or together with second hand
goods or marine stores; and 'old metal' means the said articles:
'in her majesty's service,' wehn applied to persons, applies also
to persons in the employment of the admiralty;
'stores' include all goods and chattels and any single store or
article.
3 no person shall, aftr the commencement of this ordinance, use or
exercise the trade or business of a dealer in marine stores, or a dealer in
old metals, unless he is the holder of a licence for that purpose.
4 every such licence shall be greanted by and held at the discretion
of the governor, on such conditions as to fees and subject to such regulations
as my from time to time be prescibed by the governor-in-council.
5 every dealer in marine stores to whom a licence is granted shall
keep a book or books fairly written, and shall enter therein an account
of all such marine stores or old metal as he may from time to time
become possessed of, stating in respect of each article the time at which
and the person from whom he purchased or received the same, adding,
in the case of every such last-mentioned person, a description of his
business and place of abode.
6 every person to whom such licence is granted shall, whenever
thereunto required by any superintendent or inspector of police or by
any other member of the police force, bearing a written order in that
behalf under the hand of a superintendent, produce for the inspection of
the party so requiring him all or any marine stores or old metal in his
possession or subject to his control and all books and papers relating to
the same.
7 every person who acts in contravention of the provisions contained
in any of the secion 3, 5, and 6, or of any regulation made under section
4, shall, on summary conviction before a magistrate, be liable to a
penalty not exceeding two hundred dollars or to imprisonment, with or
without hard labour, for any term not exceeding three months.
8-(1) the marks described in the schedule to this ordinance may
be applied in or on stores therein described to denote her majesty's
property in stores so marked.
(2) it shall be lawful for the admiraly, their contractors, officers,
and workmen, t apply the said marks, or any of them, in or on any
such stores as are described in the said schedule.
(3) every person who, without lawful authority, (the proof whereof
shall lie on him), applies any of the said marks in or on any such
stores shall be guilty of a misdemeanor, and shall be liable to imprisonment,
with or without hard labour, for any term not exceeding two
years.
9 every person who, with intent to conceal her majesty's property
in any stores, takes out, destroys, or obliterates, whooly or in part, any
such mark as aforesaid shall be guilty of felony, and shall be liable, in
the discretion of the curt, to imprisonment with hard labour for any
term not exceeding four years or to imprisonment for any term not
exceeding two years, with or without hard labour and with or without
solitary confinement.
10-(1) if stores are found in the possession or keeping of any person
being in her majesty's service or in the service of the admiralty, or
being a dealer in marine stores or in old metals ora pawnbroker
(within the meaning of any enactments for the time being in force
relating to such dealers or to pawnbrokers), and he is taken or summoned
befor a magistrate, and the magistrate sees reasonable grounds for
beleving the stores found to be or to have been her majesty's propery,
then, if such person does not satisfy the magistrate that he came lawfully
by the stores found, he shall, on summary conviction before a magistrate,
be liable to a penalty not exceeding twenty-five dollars.
(2) for the purposes of this section, stores shall be deemed to be in
the possession or keeping of any person if he knowingly has them in
the actual possession or keeping of any person or in any house,
buikding, oldging, apartment, field, or place, open of enclosed, whether
occupied by himself or not and whether the same are so had for his own
use or benefit or for the use or benefit of another person.
11-(1) it shall not be lawful for any person, without permission in
writing from the admiralty or from some person authorized by the
admiralty in that behalf, (proof of which permission shall lie on him),
to gather or search for stores, or to creep, seeep, or dredge, in the
habour of victoria within one hundred yards from any vessel belonging
to her majesty or in her majesty's service, or from any mooring
place or anchoring place appropriated to such vessels, or from any
moorings belonging to her majesty, or from any of her majesty's
wharves or dock, victualling, or steam factory yards.
(2) every person who acts in contravention of this section shall, on
summary conviction before a magistrate, be liable to a ernalty not
exceeding twenty-five dollars or to imprisonment, with or without hard
labour, for any term not exceeding three months.
12 the following sections of the larceny ordinance, 1865, shall be
incorporated with htis ordinance, and shall, for the purposes of this
ordinance, be read as if they were here re-enacted, namely, sections 86
to 88, 91, and 94 to 102, all inclusive; and for this purpose the expression
'this ordinance,' when used in the said incorporated sections, shall
be taken to include the present ordinance.
13. nothing in this ordiance shall prevent any person from being
indicted under this ordinance or otherwise for any indictable offence
made punishable on summary conviction by this ordinance, or prevent
any person from being liable under any other ordinance or otherwise
to any other or higher penalty or punishment thant is provided for any
offence by this ordinance, so that no person is punished twice for the
same offence.
SCHEDULE.
MARKS APPROPRIATED FOR HER MAJESTY'S USE IN OR ON NAVAL
AND VICTUALLING STORES
A.D. 1875. Ordinance No.9 of 1875.
Short title.
Interpretation of terms. Prohibition of person dealing in marine stores, etc., without licence. Granting and conditions of licence. Keeping of books by licence-holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contravention of the Ordinance, etc. Appropriation of marks for Her Majesty's stores. Schedule. Punishment for obliteration of mark, with intent to conceal Her Majesty's property. Penalty on dealer, etc., found in possession of stores, and not accounting for them. See Ordinance No. 1 of 1860. Prohibition of unauthorized person gathering stores, etc., within 100 yards of any of Her Majesty's vessel, etc. Incorporation of certain sections of the Larceny Ordinance, 1865. No. 5 of 1865. Saving of liability of offender to be indicted.
Section 8.
Abstract
A.D. 1875. Ordinance No.9 of 1875.
Short title.
Interpretation of terms. Prohibition of person dealing in marine stores, etc., without licence. Granting and conditions of licence. Keeping of books by licence-holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contravention of the Ordinance, etc. Appropriation of marks for Her Majesty's stores. Schedule. Punishment for obliteration of mark, with intent to conceal Her Majesty's property. Penalty on dealer, etc., found in possession of stores, and not accounting for them. See Ordinance No. 1 of 1860. Prohibition of unauthorized person gathering stores, etc., within 100 yards of any of Her Majesty's vessel, etc. Incorporation of certain sections of the Larceny Ordinance, 1865. No. 5 of 1865. Saving of liability of offender to be indicted.
Section 8.
Short title.
Interpretation of terms. Prohibition of person dealing in marine stores, etc., without licence. Granting and conditions of licence. Keeping of books by licence-holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contravention of the Ordinance, etc. Appropriation of marks for Her Majesty's stores. Schedule. Punishment for obliteration of mark, with intent to conceal Her Majesty's property. Penalty on dealer, etc., found in possession of stores, and not accounting for them. See Ordinance No. 1 of 1860. Prohibition of unauthorized person gathering stores, etc., within 100 yards of any of Her Majesty's vessel, etc. Incorporation of certain sections of the Larceny Ordinance, 1865. No. 5 of 1865. Saving of liability of offender to be indicted.
Section 8.
Identifier
https://oelawhk.lib.hku.hk/items/show/594
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 4 of 1875
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“NAVAL STORES ORDINANCE, (HONGKONG), 1875,” Historical Laws of Hong Kong Online, accessed April 21, 2025, https://oelawhk.lib.hku.hk/items/show/594.
