LICENSING ORDINANCE, 1887

LICENSING ORDINANCE, 1887

ORDINANCE No. 8 OF 1887.

Licensing

AND ORDINANCE to consolidate the Law relating to various Licences.
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 Licensing Ordinance,1887.
2.In this Ordinance-
:Public vehicle' means any chair,carriage,jinricksha,or other
vehicle of any kind which plies for hire in the streets for the carri-
age of passengers;
'Licence' means a licence required by this Ordinance.
3.The Governor-in-Council may from time to time make,and,when
made,may alter,add to,or repeal,regulations under this Ordinance-
(1.)for the issue of licences,the forms thereof,the fees to be paid on
such licences,their periods and conditions,and the officers who are
to issue them;and
(2.)for the regulation of public vehicles and of traffic carried on by
means of such vehicles.
4.All regulations published under any Ordinance repealed by this
Ordinance are hereby continueed in force until they are replaced by new
regulations made under this Ordinance.
5.All licences issued under any Ordinance repealed by this Ordi-
nance shall continue in force until they expire or are forfeited or
revoked.
6.A licence shall be required for every-
(1.)auctioneer;
(2.)billiard table,skittle-ground,or nine-pin or bowling-alley open
to the public;
(3.)hawker;
(4.)money-changer;
(5.)public vehicle;
(6.)bearer,drawer,or driver of a public vehicle;and
(7.)undertaker of Chinese funerals.
7.-(1.)Until further order is made by the Governor-in-Council
under section 3,all licences shall be issued by the officers named in the
Schedule to this Ordinance,on payment of the fees and for the periods
set forth therein.
(2.)The granting of all such licences shall be in the discretion of the
officers respectively named in the said Schedule or in any Order-in-
Council by which such Schedule amy hereafter be varied.
(3.)Any person aggrieved by the refusal of a licence may appeal to
the Governor,who may direct the proper officer to issue such licence.
8.Every person who acts as an auctioneer or keeps a public billiard
table,skittle-ground,or nine-pin or bowling-alley without a licence
shall be liable to a penalty not exceeding two hundred dollars;and every
person who neglects to take out any other licence shall be liable to a
penalty not exceeding twenty-five dollars.
9.The following acts shall be deemed to be offences against this
Ordinance:-
(1.)any breach of the conditions of a licence;
(2.)furnishing untrue particulars for any licence;
(3.)using or attempting to use any licence or other document granted
in pursucance of regulations made under section 3 or mentioned in
section 4 which has not been duly issued to the person so using or
attempting to use it;
(4.)refusal by any hirer of a public vehical to pay the fare of the
same;
(5.)wilful injury to any public vehicle;and
(6.)ill-treatment of any bearer,drawing,or driver of any public
vehecle.
10.-(1.)Any person convicted of an offence against any of sub-
sections (4.),(5.),and (6.)of the last preceding section may be required
by the conviction Magistrate to pay such compensation to the person
aggrieved as to the Magistrate may seem reasonable.
(2.)Such compensation shall be payable in addition to any penalty
imposed under this Ordinance.
11.Every person who is convicted of an offence against thid Ordi-
nance or against any regulation made thereunder for which no special
penalty is provided shall be liable to a penalty not exceeding twenty-five
dollars.
12.Any penalty imposed or compensation awarded under this Ordi-
nance may be recovered in a summary way before a Magistrate.
13.Any licence may be forfeited on the conviction of the holder
thereof for any offence,if the officer who issued the licence thinks fit.
14.It shall be lawful for the Governor,with the advice and consent
of the Executive Council,to cancel the licence of any Chinese undertaker
which has been or may hereafter be issued for any misconduct on the
part of the licensee in connexion with his business of undertaker,whe-
ther such misconduct amounts to a criminal offence or not.
15.Nothing in the last preceding section shall not deemed to in any
way amend or affect the power of dealing with a Chinese undertaker's
licence which is conferred by section 13.
A.D. 1887. Ordinance No. 21 of 1887, with Ordinance No. 11 of 1893 incorporated. Short title. Interpretation of terms. Making of regulations Continuance of existing regulations. Continuance of existing licences. Section containing repeals not printed. Enumeration of licences. Issue of licences. Schedule. Penalty for not taking out licence. Offences against the Ordinance. Compensation in respect of certain offences. Penalties. Recovery of penalty or compensation. Forfeiture of licence. Power to Governor-in-Council to cancel licence of Chinese undertaker for misconduct. Saving of provisions of section 13. Section 7.

A.D. 1887. Ordinance No. 21 of 1887, with Ordinance No. 11 of 1893 incorporated. Short title. Interpretation of terms. Making of regulations Continuance of existing regulations. Continuance of existing licences. Section containing repeals not printed. Enumeration of licences. Issue of licences. Schedule. Penalty for not taking out licence. Offences against the Ordinance. Compensation in respect of certain offences. Penalties. Recovery of penalty or compensation. Forfeiture of licence. Power to Governor-in-Council to cancel licence of Chinese undertaker for misconduct. Saving of provisions of section 13. Section 7.

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