REGULATION OF CHINESE ORDINANCE, 1888
Title
REGULATION OF CHINESE ORDINANCE, 1888
Description
ORDINANCE No. 3 OF 1888.
Regulation of Chinese
AN ORDINANCE to make provision for the Regulation of Chinese.
[7th May,1888]
BE it enacted by the Governor of Hongkong,with the advice and con-
sent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Regulation of Chinese Ordi-
nance,1888.
2.In this Ordinance,unless the context otherwise requires,-
'The City of Victoria' means the districts specified in section 7,
subject to any alteration thereof by the Governor-in-Council under
this Ordinance;
'House' means any dwelling,shop,outhouse,shed,or roof;
'Householder' means the actual tenant or occupant of the whole of
any building or tenement in a district of Victoria or,in any case
where there is no such person,then the immediate landlord of the
whole of such building or tenement,but does not include or extend
to any person other than a Chinese,unless a portion of his house is
rented by any Chinese,and,in the case of any company or corpora-
tion,or if the company or corporation is the immediate landlord,
the secretary or manager thereof shall be deemed the householder,
and shall be liable to all the provisions of this Ordinance accordingly:
'Occupier' means any person acting as master of or in charge of
a house,or the occupant of the ground floor at a rent,or,if no such
person can be found,the owner of the house or his agent:
'Vessel' means any ship,junk,or boat of any kind whatever,
whether propelled by steam,sails,or oars,or merely kept afloat as
a residence or otherwise.
PART I. CENSUS AND REGULATIONS OFFICE.
3.The census and registration office at present existing shall,for the
purpose of this Ordinance,be continued,together with the Registrar
General and other the officers and assistants by whom the duties and
business thereof have been hitherto performed.
4.The several persons now being the Registrar General and officers
and assistants of the said office shall discharge the duties and business
thereof in future at their present salaries during the Governor's pleasure;
and,on any vacancy,the Governor may from time to time nominate and
appoint such person or persons to be such Registrar General,officers,
and assistants respectively,and at such salary and salaries,as to him may
seem meet,and also remove him or them at discretion from time to
time,and nominate and appoint another or others in his or their room;
yet so as that Her Majesty's pleasure shall be taken as to every
nomination,appointment,and removal of a Registrar General,and as to
every new limitation of salary under the provisions of this section.
PART II.
REGULATIONS
5.The Governor-in-Council may from time to time make,and,when
made,may alter,add to,repeal,or revive,any regulations necessary for
the better carrying out of this Ordinance or any forms thereunder,and
such regulations and forms shall,when published in The Gazette,have
the force of law.
6.All regulations published under any Ordinance repealed by this
Ordinance are hereby continued in force until the same are revoked.
PART III.
REGISTRATION OF HOUSEHOLDERS.
7.-(1.)The City of Victoria shall,for the purposes of registration,
be divided into the following ten districts,namely,-
(1.)Kennedytown; (6.)Chung Wan;
(2.)Shek-tong Tsui; (7.)Ha Wan;
(3.)Sai Ying-pun; (8.)Wan-tsai;
(4.)Taipingshan; (9.)Bowrington; and
(5.)Sheung Wan; (10.)So-kon Po.
(2.)The boundaries of the said districts shall be those set out in a
map which shall be kept in the office of the Registrar General,and a
duplicate of the same in the office of the Surveyor General:Provided
apways that such districts or their boundaries may be altered from time
to time by the Governor-in-Council.
8.-(1.)Separate register books in respect of each of the said districts
shall be kept in the Registrar General's office.
(2.)Any register book kept under any Ordinance hereby repealed
shall form part of the register to be kept under this Ordinance.
9.Every person who becomes a householder after the commencement
of this Ordinance shall,within fifteen days next thereafter,furnish
to the Registrar General the following particulars,to be kept in the
register of the proper district:-
(1.)the name of the street in which his house is situate and the street
number of such house;
(2.)his name and address and profession or trade;and
(3.)the name and condition or occupation of any person renting any
portion of such house for any period not less than one month;
and such other particulars as may from time to time be required of him
by the Registrar General,who,when necessary,shall supply blank forms
for such purposes.
10.Every householder shall,within one week,report to the Registrar
General any change in the tenancy of any portion of his house.
11.Every registered householder shall receive a certificate of regis-
tration in English and Chinese,signed by the Registrar General,which
said certificate shall be produced by him when required by the Registrar
General,or any Magistrate,or any officer of Police.
12.Every householder who has not his permanent place of residence
in the Colony shall enter into a bond,with two sureties to be approved
of by the Registrar General,conditioned in the sum of five hundred
dollars,for the observance of the provisions of this Ordinance,and
shall appoint for every house in respect of which he is a householder an
agent in the Colony,who shall sugn a form ,to be supplied by the
Registrar General,containing his name and address;and thereupon
every such agent shall become liable to all the provisions of this
Ordinance as if he were the householder of such house;and until the
provisions of this section have been complied with,and in case any such
agent dies or ceases to reside in the Colony,then until another agent is
appointed in his place,the rents and profits of such house shall be seized
and be dealt with in such manner as to the Governor-in-Council may
seem fit.
13.The Registrar General may summon in writing before him any
householder or any tenant of a portion of any house,and such house-
holder or tenant shall appear before the Registrar General at the time
and place specified in the summons and furnish all pariculars respec-
ing himself which are required by this Ordinance to be recorded by the
Registrar General.
14.-(1.)Whenever a fine is imposed upon any person resident in
any house,and not being the householder within the meaning of this
Ordinance,for any violation of the provisions of any Ordinance for the
time being in force within the Colony as to the sale of intoxicating
liquors,every such fine or any part thereof,in case the same has not been
recovered fromthe actual offender or in case the actual offender cannot
be found or brought to trial,may be recovered from the householder by
action or by summary warrant of distress,to issue out of the Court by
which such fine has been imposed and to be executed against the goods
and chattels of such householder.
(2.)The amount of every such fine,howsoever recovered from every
such householder or voluntarily paid by him,may be recovered by such
householder from the offender primarily liable for the same in an action
for money paid to his use.
15.In every case where personal service of a Magistrate's summons
against any householder for any offence against the provisions of this
Part cannot be effected,it shall be sufficient service to affix one copy
thereof outside the house in respect of which such offence is charged,
and to leave another copy thereof at the registered address or last-known
place of abode or business of such householder,and,in case such house-
holder does not appear according to the exigency of such householder in his
absence,and deal with the same in every respect as if such householder
were present.
16.Whenever there are several persons householders,within the
meaning of his Ordinance,in respect of the same house,by reason of
being tenants in common or joint-tenants,they shall each be equally
liable to the provisions of this Ordinance,until such provisions have
been complied with by one of such householders.
17.The several fees specified in the First Schedule to this Ordinance
shall be charged in respect of registration under this Ordinance.
PART IV.
DISTRICT WATCHMEN.
18.The Governor any appoint any person whom he may consider to
be sufficiently recommended by the inhabitants if any district to the
office of chief watchman of such district;and such chief watchman shall
be immediately subordinate to the Registrar General and have all the
powers and authorities of a constable.
19.The Governor may appoint for each district any number of
persons whom he may consider to be sufficiently recommended to him
by the inhabitants of such district to fill the office of watchmen in such
district;and every such watchman shall be under the control of the
Registrar General and immediately subordinate to the chief watchman,
and shall have all the powers and authorities of a constable.
20.The Registrar General,with the approved of the Governor-in-
Council,shall make rules and regulations to be observed by the said
watchmen.
21.The Registrar General may remove any chief or other watchman
from the district to which he has been appointed to any other district,
may summarily dismiss him,and may also inflict upon him any fine not
exceeding ten dollars for misconduct.
PART V.
RELIGIOUS CEREMONIES AND THEATRICAL PERFORMANCES.
22.-(1.)Except as by this Ordinance provided,no person shall,in
any public street or road within the City of Victoria or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette,play any musical instrument or beat any drum or gong in
connextion with any religious ceremony (except a funeral or marriage)
or with any annual or other festival.
(2.)No person shall,within the City of Victoria or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette,play the Chinese reed pipe (except in connexion with a
funeral or marriage),or bear any frum or gong within any premises,or
knowingly suffer or allow any such instrument to be played or beaten
upon his premises between the hours of 11 p.m. and 6 a.m.
23.-(1.)Except as by this Ordinance provided,no person shall
organize,equip,oir take part in any procession,with or without music,
in any public street or raod in the City of Victoria or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette.
(2.)This section shall not apply to any funeral or marriage proces-
sion,whether with or without music,except in cases where the Governor
may so direct.
24.-(1.)Except as by this Ordinance provided,no person shall,in
the City of Victoria,or in any village of the Colony,or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette,or nearer to nay building than one hundreed yards,erect
any inflammable structure,awning,or decoration in connexion with any
religious or other festival or ceremony,or with any exhibition connected
with any such festival or ceremony.
(2.)This section shall not apply to any scaffolding of wood or bamboo
necessary for the removal of a dead body,if such scaffolding is removal
within forty-eight hours from the time of its erection.
25.Except as by this ordinance provided,no person shall discharge,
kindle,or let off any firework in the City of Victoria,or within three
hundred feet of the praya wall,or in such other places or disteicts as
may from time to time be specified by any regulation made by the Govern-
or-in-Council and published in The Gazette,or attempt to do so.
26.No person shall advertise,notify,or carry on any Chinese
theatrical performance of a public nature unless an abstract of the plot
or nature of such performance has first been furnished to the Registrar
General,who may,in his discretion,issue a permit for such performance,
without which permit no such performance shall be advertised,notified,
or carried on.
27.-(1.)The Governor may from time to time authorize the issue
of permits for-
(a.)processions or music in the City of Victoria,or in scuh other
places or districts as may from time to time be specified by any
regulation made by the Governor-in-Council and published in
The Gazette,(other than funeral or marriage processions),at
suitable hours and under suitable conditions;
(b.)the erection in the City of Victoria,or in such other places or
districts as may from time to time be specified by any regulation
made by the Governor-in-Council and published in The Gazette,
or in villages ,of cloth-covered sheds or decorations in suitable
places,with proper precautions for safety and for the extine-
tion of fire;
(c.)the discharge of fireworks in suitable places in or near the City
of Victoria,or in such other places or districts as may from
time to time be specified by any regulation made by the Govern-
or-in-Council and published in The Gazette;and
(d.)Chinese public theatrical performances.
(2.)All such permits shall be issued in such manner and on such
conditions as the Governor may direct.
(3.)The Governor may at any time cancel or withdraw any such permit.
28.-(1.)Permits for processions,theatricals,and other such acts as
are to be jointed in by a number of persons shall be issued to one person
only by name,the words and others being added after such person's
name.
(2.)The person so named shall be responsible for the due observance
of all the conditions of the permit,and shall,if so required,furnish such
security for the observance of such conditions as the Governor may
direct.
PART VI.
ENCLOSURES AND NIGHT PASSES.
29.It shall be lawful for the Governor-in-Council from time to time
to direct that any district or street in Victoria or any part thereof be
enclosed by means of gates or otherwise,and that all ingress or egress
into or out of the same be prohibited at such times and ofr such period
and in such manner as to the Governor-in-Council may seem fit.
30.-(1.)It shall be lawful for the Governor-in-Council from time
to time,by order to be published in The Gazette,to direct that no Chi-
nese of either sex (without reasonable excuse,the proof whereof shall lie
on the person alleging it) shall be at large in the City of Victoria between
such hours of the night as may from time to time be fixed by such order,
without a valid pass under this Ordinance.
(2.)For the purposes of this section,'night' means from 9p.m. to
5 a.m.
(3.)Any contravention of such order shall be deemed an offence
against this Ordinance.
31.-(1.)It shall be lawful for the Governor-in-Council,by order to
be published in The Gazette,from time to time to direct that all or any
Chinese,who may be out in or about the City of Victoria or any part
thereof at night,shall,during the hours to be specified in such order,
carry lamps or lanterns:Provided always that one exceeding twelve,who
belong to the same party.
(2.)Every person who disobeys any such order shall,on summary
conviction before a Magistrate,be liable to a penalty not exceeding
fifty dollars or to imprisonment for any period not exceeding one
month.
(3.)It shall be in the discretion of the Inspector or other officer,in
taking any charge under this section,to discharge the person charged
without bail,if he is satisfied that such person is either the lawful
owner or holder of a valid pass or has given his real name and address.
Annual and Special Passes.
32.The Colonial Secretary may,in his discretion,issue the following
passes:-
(1.)to any Chinese resident in the Colony in annual pass valid dur-
ing the whole of the current year;and
(2.)to any non-resident Chinese a special pass for such period as the
Colonial Secretary may think fit.
33.Any application for an annual or special pass shall be made
through the Registrar General,who shall keep a record of all such
passes,with the names and addresses of the persons to whom they are
issued.
34.The Colonial Secretary may at any time cancel and call in any
annual or special pass issued by him.
35.No annual or special pass shall be transferable,and no person
may use any such pass except the person to whom it has been issued.
36.Notwithstanding anything contained in the Official Signatures
Fees Ordinance ,1888,or in this Ordinance,no fee whatever shall be
charged or payable upon the issue of an annual or special pass.
37.If any annual or special pass is lost or destroyed or cannot be
found,it shall be lawful for the Colonial Secretary to issue a duplicate
thereof,on payment by the person requiring the same of a fee of one
dfollar.
Quarterly Passes.
38.The Captain Superintendent of Police may issue to any appli-
cant passes for each quarter of the current year.
39.The Captain Superintendent fo Police shall cause a register of
passes to be kept in which the following particulars shall be entered:-
(1.)the name and address of every person to whom passes have been
issued by him;
(2.)the number of passes issued;
(3.)the period for which the same were issued;and
(4.)any other particulars which he may think it expedient to record.
40.No applicant shall,without the order of a Magistrate,be entitled
to a greater number of passes than the Captain Superintendent of Police
may deem reasonable.
41.The Captain Superintendent of Police may,on reasonable grounds,
refuse to issue passes to any applicant,without the order of a Magistrate.
42.-(1.)The Captain Superintendent of Police may,on reasonable
grounds,cancel and call in any pass issued by him.
(2.)Any person aggrieved by any such cancellation of a pass may
apply for redress to a Magistrate,who may make such order as the case
may require.
43.-(1.)A pass issued by the Captain Superintendent of Police
may be used by any Chinese with the authority of the person to whom
such pass has been issued.
(2.)Any Chinese using such pass without such authority shall be
guilty of an offence against this Ordinance.
44.If any quarterly pass is lost or destroyed or cannot be found,it
shall be lawful for the Captain Superintendent of Police to issue a
duplicate thereof,on payment by the person requiring the same of a fee
of fifty cents.
45.The forms of all passes issued under this Ordinance shall,until
the same are altered by the Governor-in-Council,be those set forth in
the Second Schedule to this Ordinance.
Offences in relation to Passes.
46.Every person who,with intent to defraud,forges or alters any
pass,or offers,utters,disposes of,or puts off any pass,knowing the
same to be forged or altered,shall be guilty of felony,and,being con-
victed thereof,shall be liable,at the discretion of the Court,to impri-
sonment,with or without hard labour,for any term not exceeding two
years.
47.Every person who,without reasonable excuse(the proof where-
of shall lie on him),has in his custody or possession a forged or counter-
feit pass or a pass which has been unlawfully altered,knowing the
same to be forged or counterfeit or to have been so altered,shall be
guilty of a missdemeanor,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard labour,
for any term not exceeding two years.
48.Every person who steals,or for any unlawful purpose takes from
its place of deposit for the time being or from any person having the
lawful custody thereof,any pass issued under this Ordinance,or,with-
out reasonable excuse (the proof whereof shall lie on him),receives
such pass,knowing the same to have been feloniously stolen or taken
for any unlawful purpose as aforesaid,shall be guilty of felony,and,
being convicted thereof,shall be liable to imprisonment,with or without
hard labour,for any term not exceeding two years.
49.Refusal or neglect,without reasonable excuse,to return on de-
mand any pass which has been cancelled and called in shall be an offence
against this Ordinance.
PART VII.
PLACARDS AND MEETINGS.
50.-(1.)No person shall post up or exhibit,or cause to be posted up
or exhibited,in or near any street,any public notice or proclamation in
the Chinese languahe without the permission of the Registrar General.
(2.)The Registrar General amy refuse such permission whenever he
considers that the publication of such notice or proclamation would be
prejudicial to peace or good order:Provided that this section shall not
apply to Government notices.
51.No Chinese shall hold or be present at any Chinese public meet-
ing whatever,not being a meeting solely for religious worship,without
a permit under the hand of the Governor,which may be issued to the
occupier of the house in or near which the neeting is to take place or
to the person convening the meeting.
PART VIII.
OFFENCES AND PENALTIES.
52.Offences against this Ordinance shall be considered to be:-
(1.)refusal,neglect,or omission to do any act commanded by this
Ordinance or by any regulation made thereunder;
(2.)refusal to permit or obstructed if any such act;
(3.)the doing of any act prohibited by this Ordinance or by any
regulation made thereunder;
(4.)furnishing untrue particulars concerning anything required to
be recorded under this Ordinance;and
(5.)using or attempting to use any certificate issued under this
Ordinance which has not been duly issued to the person so using
or attempting to use it.
53.Every person convicted of an offence against this Ordinance for
which no penalty is specially provided shall be liable to a penalty not
exceeding fifty dollars for a first,or one hundred dollars for a second,
offence:Provided always that,in any case where it may seem to the
convicting Magistrate desirable to do so,imprisonment may be awarded
without the option of a fine.
54.All penalties incurred and compensations awarded under this
Ordinance may be recovered in a summary way before any Magistrate,
as may also be any expenses incurred in enforcing this Ordinance.
55.All copies or extracts of or from any register or public record
kept in the Registrar General's office for the purpose of this Ordinance,
and purporting to be sealed with the seal of the said office and to be
certified as true copies or extracts by the Registrar general,shall be
received in evidence in all Courts in the Colony in lieu of the originals.
SCHEDULES.
THE FIRST SCHEDULE.
FEES FOR REGISTRATIONS OF HOUSEHOLDERS. $ c.
1.First registration of any house and householder 3.00
2.Registration of change of ownership 1.00
3.Registration of removal of registered householder 0.25
4.Bond by non-resident householder 5.00
5.Certified extract from register,first folio 0.25
6. Do. do., each subsequent folio 0.10
THE SECOND SECHDULE.
FORMS OF PASSES.
[FACE.] [REVERSE.]
1.Or Special,or Quarterly,as the case may be.
2.Leave blank for the period if necessary,or insert First quarter of,
Second quarter of,etc.
3.In the case of a quarterly pass,Captain Superintendent of Police.
4.In the case of a quarterly pass,omit these words.
5.In the case of a quarterly pass,add Valid only for the quarter of
A.D. 1888. Ordinance No. 13 of 1888, with Ordinances No. 3 of 1892, No. 6 of 1897, and No. 12 of 1900 incorporated. Short title. Interpretation of terms. Continuance of census and registration office. Appointment and salaries of officers. Making of regulations. Continuance of existing regulations. Schedule of repeals not printed. Division of City of Victoria into districts. Keeping of district registers. Schedule of repeals not printed. Particulars to be furnished by house-holder. Report of change of tenants. Certificate from Registrar General. Giving of bond and appointment of agent by householder not resident in the Colony. Power to Registrar General to summon householder or tenant. Fines to be recoverable from house-holder in certain cases. Mode of service of summons where personal service cannot be effected. Case of severed house-holders. Registration fees. First Schedule. Appointment of chief watchman of district. Appointment of watchmen for district. Making of rules and regulations for watchmen. Power to Registrar General to remove, etc., watchmen. Provisions as to music. Provisions as to processions Prohibition of erection of inflammable structures. Provisions as to fireworks. Provisions as to Chinese theatricals. Permits for processions, etc. One person to be named in permit. Power to Governor-in-Council to enclose parts of City. Power to Governor-in-Council to require night passes for Chinese. Power to order lights to be carried by Chinese at night. Issue of annual and special passes. Application for annual or special pass, etc. Power to cancel annual or special pass. Annual or special pass not transferable. No fees to be charged for annual or special pass. No. 1 of 1888. Case of lost annual or special pass. Issue of quarterly passes. Keeping of register of quarterly passes. Number of quarterly passes to be issued. Power to refuse quarterly pass. Power to cancel quarterly pass. Quarterly pass transferable. Case of lost quarterly pass. Form of passes. Second Schedule. Forgery, etc., of pass. Having possession of forged pass. Stealing pass. Failure to return cancelled pass. Posting up of placards. Holding of public meetings. Offences against the Ordinance. Penalties. Recovery of penalties and compensations. See Ordinance No. 3 of 1890. Certified copies and extracts to be received in evidence. Section 17. Section 45.
Regulation of Chinese
AN ORDINANCE to make provision for the Regulation of Chinese.
[7th May,1888]
BE it enacted by the Governor of Hongkong,with the advice and con-
sent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Regulation of Chinese Ordi-
nance,1888.
2.In this Ordinance,unless the context otherwise requires,-
'The City of Victoria' means the districts specified in section 7,
subject to any alteration thereof by the Governor-in-Council under
this Ordinance;
'House' means any dwelling,shop,outhouse,shed,or roof;
'Householder' means the actual tenant or occupant of the whole of
any building or tenement in a district of Victoria or,in any case
where there is no such person,then the immediate landlord of the
whole of such building or tenement,but does not include or extend
to any person other than a Chinese,unless a portion of his house is
rented by any Chinese,and,in the case of any company or corpora-
tion,or if the company or corporation is the immediate landlord,
the secretary or manager thereof shall be deemed the householder,
and shall be liable to all the provisions of this Ordinance accordingly:
'Occupier' means any person acting as master of or in charge of
a house,or the occupant of the ground floor at a rent,or,if no such
person can be found,the owner of the house or his agent:
'Vessel' means any ship,junk,or boat of any kind whatever,
whether propelled by steam,sails,or oars,or merely kept afloat as
a residence or otherwise.
PART I. CENSUS AND REGULATIONS OFFICE.
3.The census and registration office at present existing shall,for the
purpose of this Ordinance,be continued,together with the Registrar
General and other the officers and assistants by whom the duties and
business thereof have been hitherto performed.
4.The several persons now being the Registrar General and officers
and assistants of the said office shall discharge the duties and business
thereof in future at their present salaries during the Governor's pleasure;
and,on any vacancy,the Governor may from time to time nominate and
appoint such person or persons to be such Registrar General,officers,
and assistants respectively,and at such salary and salaries,as to him may
seem meet,and also remove him or them at discretion from time to
time,and nominate and appoint another or others in his or their room;
yet so as that Her Majesty's pleasure shall be taken as to every
nomination,appointment,and removal of a Registrar General,and as to
every new limitation of salary under the provisions of this section.
PART II.
REGULATIONS
5.The Governor-in-Council may from time to time make,and,when
made,may alter,add to,repeal,or revive,any regulations necessary for
the better carrying out of this Ordinance or any forms thereunder,and
such regulations and forms shall,when published in The Gazette,have
the force of law.
6.All regulations published under any Ordinance repealed by this
Ordinance are hereby continued in force until the same are revoked.
PART III.
REGISTRATION OF HOUSEHOLDERS.
7.-(1.)The City of Victoria shall,for the purposes of registration,
be divided into the following ten districts,namely,-
(1.)Kennedytown; (6.)Chung Wan;
(2.)Shek-tong Tsui; (7.)Ha Wan;
(3.)Sai Ying-pun; (8.)Wan-tsai;
(4.)Taipingshan; (9.)Bowrington; and
(5.)Sheung Wan; (10.)So-kon Po.
(2.)The boundaries of the said districts shall be those set out in a
map which shall be kept in the office of the Registrar General,and a
duplicate of the same in the office of the Surveyor General:Provided
apways that such districts or their boundaries may be altered from time
to time by the Governor-in-Council.
8.-(1.)Separate register books in respect of each of the said districts
shall be kept in the Registrar General's office.
(2.)Any register book kept under any Ordinance hereby repealed
shall form part of the register to be kept under this Ordinance.
9.Every person who becomes a householder after the commencement
of this Ordinance shall,within fifteen days next thereafter,furnish
to the Registrar General the following particulars,to be kept in the
register of the proper district:-
(1.)the name of the street in which his house is situate and the street
number of such house;
(2.)his name and address and profession or trade;and
(3.)the name and condition or occupation of any person renting any
portion of such house for any period not less than one month;
and such other particulars as may from time to time be required of him
by the Registrar General,who,when necessary,shall supply blank forms
for such purposes.
10.Every householder shall,within one week,report to the Registrar
General any change in the tenancy of any portion of his house.
11.Every registered householder shall receive a certificate of regis-
tration in English and Chinese,signed by the Registrar General,which
said certificate shall be produced by him when required by the Registrar
General,or any Magistrate,or any officer of Police.
12.Every householder who has not his permanent place of residence
in the Colony shall enter into a bond,with two sureties to be approved
of by the Registrar General,conditioned in the sum of five hundred
dollars,for the observance of the provisions of this Ordinance,and
shall appoint for every house in respect of which he is a householder an
agent in the Colony,who shall sugn a form ,to be supplied by the
Registrar General,containing his name and address;and thereupon
every such agent shall become liable to all the provisions of this
Ordinance as if he were the householder of such house;and until the
provisions of this section have been complied with,and in case any such
agent dies or ceases to reside in the Colony,then until another agent is
appointed in his place,the rents and profits of such house shall be seized
and be dealt with in such manner as to the Governor-in-Council may
seem fit.
13.The Registrar General may summon in writing before him any
householder or any tenant of a portion of any house,and such house-
holder or tenant shall appear before the Registrar General at the time
and place specified in the summons and furnish all pariculars respec-
ing himself which are required by this Ordinance to be recorded by the
Registrar General.
14.-(1.)Whenever a fine is imposed upon any person resident in
any house,and not being the householder within the meaning of this
Ordinance,for any violation of the provisions of any Ordinance for the
time being in force within the Colony as to the sale of intoxicating
liquors,every such fine or any part thereof,in case the same has not been
recovered fromthe actual offender or in case the actual offender cannot
be found or brought to trial,may be recovered from the householder by
action or by summary warrant of distress,to issue out of the Court by
which such fine has been imposed and to be executed against the goods
and chattels of such householder.
(2.)The amount of every such fine,howsoever recovered from every
such householder or voluntarily paid by him,may be recovered by such
householder from the offender primarily liable for the same in an action
for money paid to his use.
15.In every case where personal service of a Magistrate's summons
against any householder for any offence against the provisions of this
Part cannot be effected,it shall be sufficient service to affix one copy
thereof outside the house in respect of which such offence is charged,
and to leave another copy thereof at the registered address or last-known
place of abode or business of such householder,and,in case such house-
holder does not appear according to the exigency of such householder in his
absence,and deal with the same in every respect as if such householder
were present.
16.Whenever there are several persons householders,within the
meaning of his Ordinance,in respect of the same house,by reason of
being tenants in common or joint-tenants,they shall each be equally
liable to the provisions of this Ordinance,until such provisions have
been complied with by one of such householders.
17.The several fees specified in the First Schedule to this Ordinance
shall be charged in respect of registration under this Ordinance.
PART IV.
DISTRICT WATCHMEN.
18.The Governor any appoint any person whom he may consider to
be sufficiently recommended by the inhabitants if any district to the
office of chief watchman of such district;and such chief watchman shall
be immediately subordinate to the Registrar General and have all the
powers and authorities of a constable.
19.The Governor may appoint for each district any number of
persons whom he may consider to be sufficiently recommended to him
by the inhabitants of such district to fill the office of watchmen in such
district;and every such watchman shall be under the control of the
Registrar General and immediately subordinate to the chief watchman,
and shall have all the powers and authorities of a constable.
20.The Registrar General,with the approved of the Governor-in-
Council,shall make rules and regulations to be observed by the said
watchmen.
21.The Registrar General may remove any chief or other watchman
from the district to which he has been appointed to any other district,
may summarily dismiss him,and may also inflict upon him any fine not
exceeding ten dollars for misconduct.
PART V.
RELIGIOUS CEREMONIES AND THEATRICAL PERFORMANCES.
22.-(1.)Except as by this Ordinance provided,no person shall,in
any public street or road within the City of Victoria or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette,play any musical instrument or beat any drum or gong in
connextion with any religious ceremony (except a funeral or marriage)
or with any annual or other festival.
(2.)No person shall,within the City of Victoria or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette,play the Chinese reed pipe (except in connexion with a
funeral or marriage),or bear any frum or gong within any premises,or
knowingly suffer or allow any such instrument to be played or beaten
upon his premises between the hours of 11 p.m. and 6 a.m.
23.-(1.)Except as by this Ordinance provided,no person shall
organize,equip,oir take part in any procession,with or without music,
in any public street or raod in the City of Victoria or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette.
(2.)This section shall not apply to any funeral or marriage proces-
sion,whether with or without music,except in cases where the Governor
may so direct.
24.-(1.)Except as by this Ordinance provided,no person shall,in
the City of Victoria,or in any village of the Colony,or in such other
places or districts in the Colony as may from time to time be specified
by any regulation made by the Governor-in-Council and published in
The Gazette,or nearer to nay building than one hundreed yards,erect
any inflammable structure,awning,or decoration in connexion with any
religious or other festival or ceremony,or with any exhibition connected
with any such festival or ceremony.
(2.)This section shall not apply to any scaffolding of wood or bamboo
necessary for the removal of a dead body,if such scaffolding is removal
within forty-eight hours from the time of its erection.
25.Except as by this ordinance provided,no person shall discharge,
kindle,or let off any firework in the City of Victoria,or within three
hundred feet of the praya wall,or in such other places or disteicts as
may from time to time be specified by any regulation made by the Govern-
or-in-Council and published in The Gazette,or attempt to do so.
26.No person shall advertise,notify,or carry on any Chinese
theatrical performance of a public nature unless an abstract of the plot
or nature of such performance has first been furnished to the Registrar
General,who may,in his discretion,issue a permit for such performance,
without which permit no such performance shall be advertised,notified,
or carried on.
27.-(1.)The Governor may from time to time authorize the issue
of permits for-
(a.)processions or music in the City of Victoria,or in scuh other
places or districts as may from time to time be specified by any
regulation made by the Governor-in-Council and published in
The Gazette,(other than funeral or marriage processions),at
suitable hours and under suitable conditions;
(b.)the erection in the City of Victoria,or in such other places or
districts as may from time to time be specified by any regulation
made by the Governor-in-Council and published in The Gazette,
or in villages ,of cloth-covered sheds or decorations in suitable
places,with proper precautions for safety and for the extine-
tion of fire;
(c.)the discharge of fireworks in suitable places in or near the City
of Victoria,or in such other places or districts as may from
time to time be specified by any regulation made by the Govern-
or-in-Council and published in The Gazette;and
(d.)Chinese public theatrical performances.
(2.)All such permits shall be issued in such manner and on such
conditions as the Governor may direct.
(3.)The Governor may at any time cancel or withdraw any such permit.
28.-(1.)Permits for processions,theatricals,and other such acts as
are to be jointed in by a number of persons shall be issued to one person
only by name,the words and others being added after such person's
name.
(2.)The person so named shall be responsible for the due observance
of all the conditions of the permit,and shall,if so required,furnish such
security for the observance of such conditions as the Governor may
direct.
PART VI.
ENCLOSURES AND NIGHT PASSES.
29.It shall be lawful for the Governor-in-Council from time to time
to direct that any district or street in Victoria or any part thereof be
enclosed by means of gates or otherwise,and that all ingress or egress
into or out of the same be prohibited at such times and ofr such period
and in such manner as to the Governor-in-Council may seem fit.
30.-(1.)It shall be lawful for the Governor-in-Council from time
to time,by order to be published in The Gazette,to direct that no Chi-
nese of either sex (without reasonable excuse,the proof whereof shall lie
on the person alleging it) shall be at large in the City of Victoria between
such hours of the night as may from time to time be fixed by such order,
without a valid pass under this Ordinance.
(2.)For the purposes of this section,'night' means from 9p.m. to
5 a.m.
(3.)Any contravention of such order shall be deemed an offence
against this Ordinance.
31.-(1.)It shall be lawful for the Governor-in-Council,by order to
be published in The Gazette,from time to time to direct that all or any
Chinese,who may be out in or about the City of Victoria or any part
thereof at night,shall,during the hours to be specified in such order,
carry lamps or lanterns:Provided always that one exceeding twelve,who
belong to the same party.
(2.)Every person who disobeys any such order shall,on summary
conviction before a Magistrate,be liable to a penalty not exceeding
fifty dollars or to imprisonment for any period not exceeding one
month.
(3.)It shall be in the discretion of the Inspector or other officer,in
taking any charge under this section,to discharge the person charged
without bail,if he is satisfied that such person is either the lawful
owner or holder of a valid pass or has given his real name and address.
Annual and Special Passes.
32.The Colonial Secretary may,in his discretion,issue the following
passes:-
(1.)to any Chinese resident in the Colony in annual pass valid dur-
ing the whole of the current year;and
(2.)to any non-resident Chinese a special pass for such period as the
Colonial Secretary may think fit.
33.Any application for an annual or special pass shall be made
through the Registrar General,who shall keep a record of all such
passes,with the names and addresses of the persons to whom they are
issued.
34.The Colonial Secretary may at any time cancel and call in any
annual or special pass issued by him.
35.No annual or special pass shall be transferable,and no person
may use any such pass except the person to whom it has been issued.
36.Notwithstanding anything contained in the Official Signatures
Fees Ordinance ,1888,or in this Ordinance,no fee whatever shall be
charged or payable upon the issue of an annual or special pass.
37.If any annual or special pass is lost or destroyed or cannot be
found,it shall be lawful for the Colonial Secretary to issue a duplicate
thereof,on payment by the person requiring the same of a fee of one
dfollar.
Quarterly Passes.
38.The Captain Superintendent of Police may issue to any appli-
cant passes for each quarter of the current year.
39.The Captain Superintendent fo Police shall cause a register of
passes to be kept in which the following particulars shall be entered:-
(1.)the name and address of every person to whom passes have been
issued by him;
(2.)the number of passes issued;
(3.)the period for which the same were issued;and
(4.)any other particulars which he may think it expedient to record.
40.No applicant shall,without the order of a Magistrate,be entitled
to a greater number of passes than the Captain Superintendent of Police
may deem reasonable.
41.The Captain Superintendent of Police may,on reasonable grounds,
refuse to issue passes to any applicant,without the order of a Magistrate.
42.-(1.)The Captain Superintendent of Police may,on reasonable
grounds,cancel and call in any pass issued by him.
(2.)Any person aggrieved by any such cancellation of a pass may
apply for redress to a Magistrate,who may make such order as the case
may require.
43.-(1.)A pass issued by the Captain Superintendent of Police
may be used by any Chinese with the authority of the person to whom
such pass has been issued.
(2.)Any Chinese using such pass without such authority shall be
guilty of an offence against this Ordinance.
44.If any quarterly pass is lost or destroyed or cannot be found,it
shall be lawful for the Captain Superintendent of Police to issue a
duplicate thereof,on payment by the person requiring the same of a fee
of fifty cents.
45.The forms of all passes issued under this Ordinance shall,until
the same are altered by the Governor-in-Council,be those set forth in
the Second Schedule to this Ordinance.
Offences in relation to Passes.
46.Every person who,with intent to defraud,forges or alters any
pass,or offers,utters,disposes of,or puts off any pass,knowing the
same to be forged or altered,shall be guilty of felony,and,being con-
victed thereof,shall be liable,at the discretion of the Court,to impri-
sonment,with or without hard labour,for any term not exceeding two
years.
47.Every person who,without reasonable excuse(the proof where-
of shall lie on him),has in his custody or possession a forged or counter-
feit pass or a pass which has been unlawfully altered,knowing the
same to be forged or counterfeit or to have been so altered,shall be
guilty of a missdemeanor,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard labour,
for any term not exceeding two years.
48.Every person who steals,or for any unlawful purpose takes from
its place of deposit for the time being or from any person having the
lawful custody thereof,any pass issued under this Ordinance,or,with-
out reasonable excuse (the proof whereof shall lie on him),receives
such pass,knowing the same to have been feloniously stolen or taken
for any unlawful purpose as aforesaid,shall be guilty of felony,and,
being convicted thereof,shall be liable to imprisonment,with or without
hard labour,for any term not exceeding two years.
49.Refusal or neglect,without reasonable excuse,to return on de-
mand any pass which has been cancelled and called in shall be an offence
against this Ordinance.
PART VII.
PLACARDS AND MEETINGS.
50.-(1.)No person shall post up or exhibit,or cause to be posted up
or exhibited,in or near any street,any public notice or proclamation in
the Chinese languahe without the permission of the Registrar General.
(2.)The Registrar General amy refuse such permission whenever he
considers that the publication of such notice or proclamation would be
prejudicial to peace or good order:Provided that this section shall not
apply to Government notices.
51.No Chinese shall hold or be present at any Chinese public meet-
ing whatever,not being a meeting solely for religious worship,without
a permit under the hand of the Governor,which may be issued to the
occupier of the house in or near which the neeting is to take place or
to the person convening the meeting.
PART VIII.
OFFENCES AND PENALTIES.
52.Offences against this Ordinance shall be considered to be:-
(1.)refusal,neglect,or omission to do any act commanded by this
Ordinance or by any regulation made thereunder;
(2.)refusal to permit or obstructed if any such act;
(3.)the doing of any act prohibited by this Ordinance or by any
regulation made thereunder;
(4.)furnishing untrue particulars concerning anything required to
be recorded under this Ordinance;and
(5.)using or attempting to use any certificate issued under this
Ordinance which has not been duly issued to the person so using
or attempting to use it.
53.Every person convicted of an offence against this Ordinance for
which no penalty is specially provided shall be liable to a penalty not
exceeding fifty dollars for a first,or one hundred dollars for a second,
offence:Provided always that,in any case where it may seem to the
convicting Magistrate desirable to do so,imprisonment may be awarded
without the option of a fine.
54.All penalties incurred and compensations awarded under this
Ordinance may be recovered in a summary way before any Magistrate,
as may also be any expenses incurred in enforcing this Ordinance.
55.All copies or extracts of or from any register or public record
kept in the Registrar General's office for the purpose of this Ordinance,
and purporting to be sealed with the seal of the said office and to be
certified as true copies or extracts by the Registrar general,shall be
received in evidence in all Courts in the Colony in lieu of the originals.
SCHEDULES.
THE FIRST SCHEDULE.
FEES FOR REGISTRATIONS OF HOUSEHOLDERS. $ c.
1.First registration of any house and householder 3.00
2.Registration of change of ownership 1.00
3.Registration of removal of registered householder 0.25
4.Bond by non-resident householder 5.00
5.Certified extract from register,first folio 0.25
6. Do. do., each subsequent folio 0.10
THE SECOND SECHDULE.
FORMS OF PASSES.
[FACE.] [REVERSE.]
1.Or Special,or Quarterly,as the case may be.
2.Leave blank for the period if necessary,or insert First quarter of,
Second quarter of,etc.
3.In the case of a quarterly pass,Captain Superintendent of Police.
4.In the case of a quarterly pass,omit these words.
5.In the case of a quarterly pass,add Valid only for the quarter of
A.D. 1888. Ordinance No. 13 of 1888, with Ordinances No. 3 of 1892, No. 6 of 1897, and No. 12 of 1900 incorporated. Short title. Interpretation of terms. Continuance of census and registration office. Appointment and salaries of officers. Making of regulations. Continuance of existing regulations. Schedule of repeals not printed. Division of City of Victoria into districts. Keeping of district registers. Schedule of repeals not printed. Particulars to be furnished by house-holder. Report of change of tenants. Certificate from Registrar General. Giving of bond and appointment of agent by householder not resident in the Colony. Power to Registrar General to summon householder or tenant. Fines to be recoverable from house-holder in certain cases. Mode of service of summons where personal service cannot be effected. Case of severed house-holders. Registration fees. First Schedule. Appointment of chief watchman of district. Appointment of watchmen for district. Making of rules and regulations for watchmen. Power to Registrar General to remove, etc., watchmen. Provisions as to music. Provisions as to processions Prohibition of erection of inflammable structures. Provisions as to fireworks. Provisions as to Chinese theatricals. Permits for processions, etc. One person to be named in permit. Power to Governor-in-Council to enclose parts of City. Power to Governor-in-Council to require night passes for Chinese. Power to order lights to be carried by Chinese at night. Issue of annual and special passes. Application for annual or special pass, etc. Power to cancel annual or special pass. Annual or special pass not transferable. No fees to be charged for annual or special pass. No. 1 of 1888. Case of lost annual or special pass. Issue of quarterly passes. Keeping of register of quarterly passes. Number of quarterly passes to be issued. Power to refuse quarterly pass. Power to cancel quarterly pass. Quarterly pass transferable. Case of lost quarterly pass. Form of passes. Second Schedule. Forgery, etc., of pass. Having possession of forged pass. Stealing pass. Failure to return cancelled pass. Posting up of placards. Holding of public meetings. Offences against the Ordinance. Penalties. Recovery of penalties and compensations. See Ordinance No. 3 of 1890. Certified copies and extracts to be received in evidence. Section 17. Section 45.
Abstract
A.D. 1888. Ordinance No. 13 of 1888, with Ordinances No. 3 of 1892, No. 6 of 1897, and No. 12 of 1900 incorporated. Short title. Interpretation of terms. Continuance of census and registration office. Appointment and salaries of officers. Making of regulations. Continuance of existing regulations. Schedule of repeals not printed. Division of City of Victoria into districts. Keeping of district registers. Schedule of repeals not printed. Particulars to be furnished by house-holder. Report of change of tenants. Certificate from Registrar General. Giving of bond and appointment of agent by householder not resident in the Colony. Power to Registrar General to summon householder or tenant. Fines to be recoverable from house-holder in certain cases. Mode of service of summons where personal service cannot be effected. Case of severed house-holders. Registration fees. First Schedule. Appointment of chief watchman of district. Appointment of watchmen for district. Making of rules and regulations for watchmen. Power to Registrar General to remove, etc., watchmen. Provisions as to music. Provisions as to processions Prohibition of erection of inflammable structures. Provisions as to fireworks. Provisions as to Chinese theatricals. Permits for processions, etc. One person to be named in permit. Power to Governor-in-Council to enclose parts of City. Power to Governor-in-Council to require night passes for Chinese. Power to order lights to be carried by Chinese at night. Issue of annual and special passes. Application for annual or special pass, etc. Power to cancel annual or special pass. Annual or special pass not transferable. No fees to be charged for annual or special pass. No. 1 of 1888. Case of lost annual or special pass. Issue of quarterly passes. Keeping of register of quarterly passes. Number of quarterly passes to be issued. Power to refuse quarterly pass. Power to cancel quarterly pass. Quarterly pass transferable. Case of lost quarterly pass. Form of passes. Second Schedule. Forgery, etc., of pass. Having possession of forged pass. Stealing pass. Failure to return cancelled pass. Posting up of placards. Holding of public meetings. Offences against the Ordinance. Penalties. Recovery of penalties and compensations. See Ordinance No. 3 of 1890. Certified copies and extracts to be received in evidence. Section 17. Section 45.
Identifier
https://oelawhk.lib.hku.hk/items/show/641
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 3 of 1888
Number of Pages
12
Files
Collection
Historical Laws of Hong Kong Online
Citation
“REGULATION OF CHINESE ORDINANCE, 1888,” Historical Laws of Hong Kong Online, accessed April 22, 2025, https://oelawhk.lib.hku.hk/items/show/641.
