PREVENTION OF CRIMES ORDINANCE, 1887
Title
PREVENTION OF CRIMES ORDINANCE, 1887
Description
ORDINANCE No. 4 OF 1887.
Prevention of Crimes
AN ORDINANCE for the more effectual Prevention of Crimes.
[19th April,1887.]
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 Prevention of Crimes Ordinance,
1887.
Licences.
2.-(1.)It shall be lawful for the Governor,by an order in writing
under his hand and seal,to grant to any convict now under sentence of
imprisonment with hard labour,or who may hereafter be sentenced to
imprisonment with hard labour,a licence to be at large in this Colony
or in such part thereof as in the licence may be expressed,during such
portion of his term of imprisonment and on such conditions in all re-
spects as to the Governor may seem fit.
(2.)It shall be lawful for the Governor to revoke or alter any such
licence by a like order at his pleasure.
3.So long as the licence continues in force and unrevoked,the convict
shall not be liable to be imprisoned by reason of his sentence,but shall
be allowed to go and remain at large according to the terms of the
licence.
4.-(1.)Provided always that if it pleases the Govenor to revoke
any such licence as aforesaid,it shall be lawful for him,by warrant
under his hand and seal,to signify to a Magistrate that the licence has
been revoked, and to require the Magistrate to issue his warrant under
his hand and seal for the apprehension of the convict to whom the
licence was granted,and the Magistrate shall issue his warrant accord-
ingly,and the warrant shall and may be executed by the constable to
whom the same is delivered for that purpose in any part of this Colony.
(2.)The convict,when apprehended under the warrant,shall be
brought,as soon as he conveniently may be,before the Magistrate by
whom the warrant has been issued or some other Magistrate of the
Colony,and such Magistrate shall thereupon make out his warrant under
his hand and seal for the recommitment of the convict to the prison or
place of confinement from which he was release by virtue of the licence,
and the convict shall be so recommitted accordingly,and shall thereupon
be remitted his original sentence,and shall undergo the residue there-
of as if no such licence had been granted.
5.-(1.)A licence granted under this Ordinance may be in the form
in the Schedule to this Ordinance,and may be written,printed,or
lithographed.
(2.)If any holder of a licence granted in the form in the said Schedule
in convicted,either by the verdict of a jury or on his own confession,of
any offence,his licence shall be forthwith forfeited by virtue of such
conviction.
6.If any holder of a licence granted in the form in the said Schedule
(1.)fails to produce his licence when required to do so by any Judge,
Magistrate,or Justice of the Peace before whom he may be brought
charged with any offence or by nay constable or officer of Police in
whose custody he may be,and also fails to make any reasonable
excuse why he does not produce the same;or
(2.)breaks any of the other conditions of his licence by an act that is
not of itself punishable either on indictment or on summary con-
viction,
he shall be deemed guilty of an offence punishable summarily by im-
prisonment,with or without hard labour,for any term not exceeding
three months.
7.Any Police officer may,without warrant,take into custody any holder of such a licence whom he may reasonably suspect of having
committed any offence or of having broken any of the conditions of his
licence,and may detain him in custody until he can be taken before a
Magistrate and dealt with according to law.
8.Where any licence granted in the form in the said Schedule is
forfeited by a conviction of any indictable offence or is revoked in
pursuance of a sumary conviction under this or any other Ordinance,
the person whose licence is forfeited or revoked shall,after undergoing
any other punishment to which he may be sentenced for the offence in
consequence of which his licence is forfwited or revoked,further under-
go a term of imprisonment with hard labour equal to the portion of his
term of imprisonment with hard labour that remained unexpired at the
time of his licence being granted,and shall,for the purpose of his
undergoing such last-mentioned punishment,be detained in any prison
in which he may be confined,by a warrant under the hand and seal of
a Magistrate,and shall be liable to be there dealt with ib all respects as
if such term of imprisonment with hard labour had formed part of his
original sentence.
9.-(1.)Any constable in any Police district may,if authorized to
do so in writing by the chief officer of Police of that district,without
warrant take into custody any convict who is the holder of a licence
granted under this Ordinance,if it appears to such constable that the
convict is getting his livelihood by dishonest means,and may bring him
before a Magistrate for adjudication.
(2.)If it appears from the facts proved before the Magistrate that
there are reasonable grounds for believing that the convict so brought
before him is getting his livelihood by dishonest means,the convict
shall be deemed to be guilty of an offence against this Ordinance,and
his licence shall be forfeited.
10.-(1.)Where,in any licence granted under this Ordinance any
conditions different from or in addition to those contained in the form
in the said Schedule are inserted,the holder of the licence,if he breaks
any such conditions by an act that is not of itself punishable,either on
indictment or on summary conviction,shall be deemed guilty of an
offence against this Ordinance,and shall be liable ti imprisonment,with
or without hard labour,for any term not exceeding three months.
(2.)A copy of any conditions annexed to any licence granted under
this Ordinance,other than the conditions contained in the form in the
said Schedule,shall be laid before the Legislative Council within twenty-
one days after the making thereof,if the Council is then sitting,or,if
not,then within fourteen days afer the commencement of the next
session of the Council.
11.-(1.)Every holder of a licence garnted under this Ordinance who
is at large in the Colony shall notify the place of his residence to an
officer of Police at the Central Police Station,who shall then indorse on
the licence the station at which the said holder shall report himself.
(2.)Whenever the said holder changes his place of residence,he shall
notify such change at the Police Station indored on his licence,and the
Police officer shall indorse on his licence the station nearest to his
residence,and the said holder shall report himself at the Police Station
so directed by the indorsement.
(3.)Moreover,every male holder of such a licence shall,once in each
month,report himself at such time as may be prescribed by the officer
in charge of the station indorsed on his licence,either to such officer
himself or to such other person as the said officer may direct.
(4.)If any holder of a licence who is at large in the Colony remains
in any place for forty-eight hours without notifying the place of his
residence at the station indorsed on his licence,or fails to comply with
the requisitions of this section on the occasion of any change of residence
or with the requistions of this section as to reporting himself once in
each month,he shall in every such case,unless he proves,to the satisfac-
tion of the Court or Magistrate before which or whom he is tried,that
he did his best to act in conformity with the law,be guilty of an offence
against this Ordinance,and,on conviction thereof,his licence may,in
the discretion of the Court or Magistrat,be forfeited;or if the term of
imprisonment with hard labour in respect of which his licence was
granted has expired at the date of his conviction,it shall be lawful for
the Court or Magistrate to sentence him to improsonment,with or with-
out hard labour,for any term not exceeding one year,or if the said term
of imprisonment with hard labour has not expired,but the remainder
unexpired thereof is a lesser period than one year,then to sentence him
to imprisonment,with or without hard labour,to commence at the ex-
piration of the said term of imprisonment with hard labour,for such a
term as,together with the remainder unexpired of his said term of im-
prisonment with hard labour,will not exceed one year.
Register of Criminals.
12.The following exactments shall be made with a view to facilitate
the identification of criminals:-
(1.)a register of all persons convicted of crime in the Colony shall
be kept in such form and containing such particulars as may from
time to time be prescribed by the Governor;
(2.)the register shal be kept under the management of the Captain
Superintendent of Police or such other person as the Governor
may appoint; (3.)the Superintendent of Victoria Gaol shall make returns of the
persons convicted of crime and coming within his custody;and
such returns shall be in such form and contain such particulars as
the Governor may require;
(4.)the Governor may make regulations as to the photographing of
all prisons convicted of crime who may for the time being be
continued in Victoria Gaol,and may in such regulations prescribe
the time for times at which and the manner and dress in which
such prisoners are to be taken,and the number of photgraphs of
each prisoner to be printed,and the persons to whom such photo-
graphs are to be sent;
(5.)any regulations made by the Governor as to the photgraphing
of prisoners in any prison in the Colony shall be deemed to be
regulations for the government of that prison and binding on all
persons,in the same manner as if they were contained in the rules
made under any Ordinance for the time being in force relating to
prisons;
(6.)any prisoner refusing to obey any regulation made in prusuance
of this section shall be deemed huilty of an offence against prison
discipline within the meaning of any such Ordinance as aforesaid;
and
(7.)the Governor may from time to time modify,repeal,or add to
any regulaitons so made.
SCHEDULE.
FORM OF LICENCE.
[L.S.]
The Governor is pleased to grant to ,who was
convicted of ,at the Criminal Session of the Supreme
Court for the COlony of Hongkong on the day of ,1 ,
and was then and there sentenced to
imprisonment with hard labour for the term of ,and is
now confined in the ,his licence to be at large from the
day of his liberation under this order during the remaining portion of his sald
term of imprisonment,unless the said shall,before the
expiration of the said term,be convicted of some indietable offence within
the Colony,in which case such licence will be immediately forfeited by law,
or unless it shall please the Governor sooner to revoke or alter such licence.
This licence is given subject to the conditions indorsed upon the same,on
the breach of any of which it will be liable to be revoked,whether such
breach is followed by a conviction or not. And the Governor hereby orders that the said
be set at liberty within thirty days from the date of this order.
Given under my hand seal at Victoria,Hongkong,this day of
,1 .
By His Excellency's Command,
(Signed.)
Colonial Secretary.
CONDITIONS.
1. The holder shall preserve his licence and produce it when called upon to
do so by a Magistrate,Justice of the Peace, or Police officer.
2. He shall abstain form any violation of the law.
3. He shall not habitually associate with notoriously bad characters,such as
reputed thieves and prostitutes.
4. He shall not lead an idle and dissolute life without visible means of obtain-
ing an honest liveihood.
5.If his licence isd forfeited or revoked in consequence of a conviction for any
offence, he will be liable to undergo a term of imprisonment with hard
labour equal to the portion of his term of years which remained
unexpired when his licence was granted, vix, the term of
years.
A.D. 1887. Ordinance No. 11 of 1887.
Short title.
Power to Governor in grant licence to be at large under sentence of hard labour. 16 & 17 Vict.c. 99 s. 9. Effect of licence. 16 & 17 Vict.c. 99 s. 10. Effect of revocation of licence. Ib.s.11. Form and forfeiture of licence. 27 & 28 Vict.c. 47 s. 4. Schedule. Offences by holder of licence. Ib.s.5. of holder of licence without warrant. 27 & 28 Vict.c. 47 s. 6. Effect of forfeiture or revocation of licence. Ib.s.9. Forfeiture of licence of holder getting his livelihood by dishonest means. 34 & 35 Vict.c 112 s. 3. Penalty for breach of conditions of licence. Ib.s.4. Duty of holder of licence to notify place of residence to Police. 34 & 35 Vict.c. 112 s. 5. Register and photographing of criminals. Ib.s.6. See Ordinance No. 4 of 1899. Section 5.
Prevention of Crimes
AN ORDINANCE for the more effectual Prevention of Crimes.
[19th April,1887.]
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 Prevention of Crimes Ordinance,
1887.
Licences.
2.-(1.)It shall be lawful for the Governor,by an order in writing
under his hand and seal,to grant to any convict now under sentence of
imprisonment with hard labour,or who may hereafter be sentenced to
imprisonment with hard labour,a licence to be at large in this Colony
or in such part thereof as in the licence may be expressed,during such
portion of his term of imprisonment and on such conditions in all re-
spects as to the Governor may seem fit.
(2.)It shall be lawful for the Governor to revoke or alter any such
licence by a like order at his pleasure.
3.So long as the licence continues in force and unrevoked,the convict
shall not be liable to be imprisoned by reason of his sentence,but shall
be allowed to go and remain at large according to the terms of the
licence.
4.-(1.)Provided always that if it pleases the Govenor to revoke
any such licence as aforesaid,it shall be lawful for him,by warrant
under his hand and seal,to signify to a Magistrate that the licence has
been revoked, and to require the Magistrate to issue his warrant under
his hand and seal for the apprehension of the convict to whom the
licence was granted,and the Magistrate shall issue his warrant accord-
ingly,and the warrant shall and may be executed by the constable to
whom the same is delivered for that purpose in any part of this Colony.
(2.)The convict,when apprehended under the warrant,shall be
brought,as soon as he conveniently may be,before the Magistrate by
whom the warrant has been issued or some other Magistrate of the
Colony,and such Magistrate shall thereupon make out his warrant under
his hand and seal for the recommitment of the convict to the prison or
place of confinement from which he was release by virtue of the licence,
and the convict shall be so recommitted accordingly,and shall thereupon
be remitted his original sentence,and shall undergo the residue there-
of as if no such licence had been granted.
5.-(1.)A licence granted under this Ordinance may be in the form
in the Schedule to this Ordinance,and may be written,printed,or
lithographed.
(2.)If any holder of a licence granted in the form in the said Schedule
in convicted,either by the verdict of a jury or on his own confession,of
any offence,his licence shall be forthwith forfeited by virtue of such
conviction.
6.If any holder of a licence granted in the form in the said Schedule
(1.)fails to produce his licence when required to do so by any Judge,
Magistrate,or Justice of the Peace before whom he may be brought
charged with any offence or by nay constable or officer of Police in
whose custody he may be,and also fails to make any reasonable
excuse why he does not produce the same;or
(2.)breaks any of the other conditions of his licence by an act that is
not of itself punishable either on indictment or on summary con-
viction,
he shall be deemed guilty of an offence punishable summarily by im-
prisonment,with or without hard labour,for any term not exceeding
three months.
7.Any Police officer may,without warrant,take into custody any holder of such a licence whom he may reasonably suspect of having
committed any offence or of having broken any of the conditions of his
licence,and may detain him in custody until he can be taken before a
Magistrate and dealt with according to law.
8.Where any licence granted in the form in the said Schedule is
forfeited by a conviction of any indictable offence or is revoked in
pursuance of a sumary conviction under this or any other Ordinance,
the person whose licence is forfeited or revoked shall,after undergoing
any other punishment to which he may be sentenced for the offence in
consequence of which his licence is forfwited or revoked,further under-
go a term of imprisonment with hard labour equal to the portion of his
term of imprisonment with hard labour that remained unexpired at the
time of his licence being granted,and shall,for the purpose of his
undergoing such last-mentioned punishment,be detained in any prison
in which he may be confined,by a warrant under the hand and seal of
a Magistrate,and shall be liable to be there dealt with ib all respects as
if such term of imprisonment with hard labour had formed part of his
original sentence.
9.-(1.)Any constable in any Police district may,if authorized to
do so in writing by the chief officer of Police of that district,without
warrant take into custody any convict who is the holder of a licence
granted under this Ordinance,if it appears to such constable that the
convict is getting his livelihood by dishonest means,and may bring him
before a Magistrate for adjudication.
(2.)If it appears from the facts proved before the Magistrate that
there are reasonable grounds for believing that the convict so brought
before him is getting his livelihood by dishonest means,the convict
shall be deemed to be guilty of an offence against this Ordinance,and
his licence shall be forfeited.
10.-(1.)Where,in any licence granted under this Ordinance any
conditions different from or in addition to those contained in the form
in the said Schedule are inserted,the holder of the licence,if he breaks
any such conditions by an act that is not of itself punishable,either on
indictment or on summary conviction,shall be deemed guilty of an
offence against this Ordinance,and shall be liable ti imprisonment,with
or without hard labour,for any term not exceeding three months.
(2.)A copy of any conditions annexed to any licence granted under
this Ordinance,other than the conditions contained in the form in the
said Schedule,shall be laid before the Legislative Council within twenty-
one days after the making thereof,if the Council is then sitting,or,if
not,then within fourteen days afer the commencement of the next
session of the Council.
11.-(1.)Every holder of a licence garnted under this Ordinance who
is at large in the Colony shall notify the place of his residence to an
officer of Police at the Central Police Station,who shall then indorse on
the licence the station at which the said holder shall report himself.
(2.)Whenever the said holder changes his place of residence,he shall
notify such change at the Police Station indored on his licence,and the
Police officer shall indorse on his licence the station nearest to his
residence,and the said holder shall report himself at the Police Station
so directed by the indorsement.
(3.)Moreover,every male holder of such a licence shall,once in each
month,report himself at such time as may be prescribed by the officer
in charge of the station indorsed on his licence,either to such officer
himself or to such other person as the said officer may direct.
(4.)If any holder of a licence who is at large in the Colony remains
in any place for forty-eight hours without notifying the place of his
residence at the station indorsed on his licence,or fails to comply with
the requisitions of this section on the occasion of any change of residence
or with the requistions of this section as to reporting himself once in
each month,he shall in every such case,unless he proves,to the satisfac-
tion of the Court or Magistrate before which or whom he is tried,that
he did his best to act in conformity with the law,be guilty of an offence
against this Ordinance,and,on conviction thereof,his licence may,in
the discretion of the Court or Magistrat,be forfeited;or if the term of
imprisonment with hard labour in respect of which his licence was
granted has expired at the date of his conviction,it shall be lawful for
the Court or Magistrate to sentence him to improsonment,with or with-
out hard labour,for any term not exceeding one year,or if the said term
of imprisonment with hard labour has not expired,but the remainder
unexpired thereof is a lesser period than one year,then to sentence him
to imprisonment,with or without hard labour,to commence at the ex-
piration of the said term of imprisonment with hard labour,for such a
term as,together with the remainder unexpired of his said term of im-
prisonment with hard labour,will not exceed one year.
Register of Criminals.
12.The following exactments shall be made with a view to facilitate
the identification of criminals:-
(1.)a register of all persons convicted of crime in the Colony shall
be kept in such form and containing such particulars as may from
time to time be prescribed by the Governor;
(2.)the register shal be kept under the management of the Captain
Superintendent of Police or such other person as the Governor
may appoint; (3.)the Superintendent of Victoria Gaol shall make returns of the
persons convicted of crime and coming within his custody;and
such returns shall be in such form and contain such particulars as
the Governor may require;
(4.)the Governor may make regulations as to the photographing of
all prisons convicted of crime who may for the time being be
continued in Victoria Gaol,and may in such regulations prescribe
the time for times at which and the manner and dress in which
such prisoners are to be taken,and the number of photgraphs of
each prisoner to be printed,and the persons to whom such photo-
graphs are to be sent;
(5.)any regulations made by the Governor as to the photgraphing
of prisoners in any prison in the Colony shall be deemed to be
regulations for the government of that prison and binding on all
persons,in the same manner as if they were contained in the rules
made under any Ordinance for the time being in force relating to
prisons;
(6.)any prisoner refusing to obey any regulation made in prusuance
of this section shall be deemed huilty of an offence against prison
discipline within the meaning of any such Ordinance as aforesaid;
and
(7.)the Governor may from time to time modify,repeal,or add to
any regulaitons so made.
SCHEDULE.
FORM OF LICENCE.
[L.S.]
The Governor is pleased to grant to ,who was
convicted of ,at the Criminal Session of the Supreme
Court for the COlony of Hongkong on the day of ,1 ,
and was then and there sentenced to
imprisonment with hard labour for the term of ,and is
now confined in the ,his licence to be at large from the
day of his liberation under this order during the remaining portion of his sald
term of imprisonment,unless the said shall,before the
expiration of the said term,be convicted of some indietable offence within
the Colony,in which case such licence will be immediately forfeited by law,
or unless it shall please the Governor sooner to revoke or alter such licence.
This licence is given subject to the conditions indorsed upon the same,on
the breach of any of which it will be liable to be revoked,whether such
breach is followed by a conviction or not. And the Governor hereby orders that the said
be set at liberty within thirty days from the date of this order.
Given under my hand seal at Victoria,Hongkong,this day of
,1 .
By His Excellency's Command,
(Signed.)
Colonial Secretary.
CONDITIONS.
1. The holder shall preserve his licence and produce it when called upon to
do so by a Magistrate,Justice of the Peace, or Police officer.
2. He shall abstain form any violation of the law.
3. He shall not habitually associate with notoriously bad characters,such as
reputed thieves and prostitutes.
4. He shall not lead an idle and dissolute life without visible means of obtain-
ing an honest liveihood.
5.If his licence isd forfeited or revoked in consequence of a conviction for any
offence, he will be liable to undergo a term of imprisonment with hard
labour equal to the portion of his term of years which remained
unexpired when his licence was granted, vix, the term of
years.
A.D. 1887. Ordinance No. 11 of 1887.
Short title.
Power to Governor in grant licence to be at large under sentence of hard labour. 16 & 17 Vict.c. 99 s. 9. Effect of licence. 16 & 17 Vict.c. 99 s. 10. Effect of revocation of licence. Ib.s.11. Form and forfeiture of licence. 27 & 28 Vict.c. 47 s. 4. Schedule. Offences by holder of licence. Ib.s.5. of holder of licence without warrant. 27 & 28 Vict.c. 47 s. 6. Effect of forfeiture or revocation of licence. Ib.s.9. Forfeiture of licence of holder getting his livelihood by dishonest means. 34 & 35 Vict.c 112 s. 3. Penalty for breach of conditions of licence. Ib.s.4. Duty of holder of licence to notify place of residence to Police. 34 & 35 Vict.c. 112 s. 5. Register and photographing of criminals. Ib.s.6. See Ordinance No. 4 of 1899. Section 5.
Abstract
A.D. 1887. Ordinance No. 11 of 1887.
Short title.
Power to Governor in grant licence to be at large under sentence of hard labour. 16 & 17 Vict.c. 99 s. 9. Effect of licence. 16 & 17 Vict.c. 99 s. 10. Effect of revocation of licence. Ib.s.11. Form and forfeiture of licence. 27 & 28 Vict.c. 47 s. 4. Schedule. Offences by holder of licence. Ib.s.5. of holder of licence without warrant. 27 & 28 Vict.c. 47 s. 6. Effect of forfeiture or revocation of licence. Ib.s.9. Forfeiture of licence of holder getting his livelihood by dishonest means. 34 & 35 Vict.c 112 s. 3. Penalty for breach of conditions of licence. Ib.s.4. Duty of holder of licence to notify place of residence to Police. 34 & 35 Vict.c. 112 s. 5. Register and photographing of criminals. Ib.s.6. See Ordinance No. 4 of 1899. Section 5.
Short title.
Power to Governor in grant licence to be at large under sentence of hard labour. 16 & 17 Vict.c. 99 s. 9. Effect of licence. 16 & 17 Vict.c. 99 s. 10. Effect of revocation of licence. Ib.s.11. Form and forfeiture of licence. 27 & 28 Vict.c. 47 s. 4. Schedule. Offences by holder of licence. Ib.s.5. of holder of licence without warrant. 27 & 28 Vict.c. 47 s. 6. Effect of forfeiture or revocation of licence. Ib.s.9. Forfeiture of licence of holder getting his livelihood by dishonest means. 34 & 35 Vict.c 112 s. 3. Penalty for breach of conditions of licence. Ib.s.4. Duty of holder of licence to notify place of residence to Police. 34 & 35 Vict.c. 112 s. 5. Register and photographing of criminals. Ib.s.6. See Ordinance No. 4 of 1899. Section 5.
Identifier
https://oelawhk.lib.hku.hk/items/show/633
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 4 of 1887
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PREVENTION OF CRIMES ORDINANCE, 1887,” Historical Laws of Hong Kong Online, accessed June 6, 2025, https://oelawhk.lib.hku.hk/items/show/633.
