LOCAL COMMUNITIES ORDINANCE, 1899
Title
LOCAL COMMUNITIES ORDINANCE, 1899
Description
ORDINANCE No. 7 OF 1899.
Local Communities
AN ORDINANCE RELATING to local communities and tribunals
in the new territories .
[18th april , 1899.]
Be it enacted by the governor of hongkong , with the advice and
consent of the legislative council thereof , as follows:-
1-(1) this ordinance may be cited as the local communities
ordinance , 1899.
(2) this ordinance shall only apply to the new territories which
have been added to this colony by the convention, dated the 9th
day of june, 1898, between her majesty queen victoria and his
imperial majesty the emperor of china .
2. in this ordinance , unless the context otherwise requires , -
' the colonial scretary' includes any officer appointed by the
governor to discharge any of the duties of the colonial secretary
under this ordinance :
' natives ' mean those persons resident in the country hwose fathers
are of the chinese reace , whether such persons or their fathers are
chinese subjects or not , and do not include those who have fathers
who are not of the chinese race.
districts and sub-districts.
3-(1) it shalll be lawful for the governor , by notifacion to be pub-
lished in the gaztte, to divide the territories to which this ordinance ap-
plies , or any part thereof , in to suitable distircts and sub-districts, and to
declare, by like notificeation, from time to time, as he may think desirable,
that any such districts and sub-districts shall be brought , from a time
to be named in suhc notification , within the operation fo this ordinance
on the publication fo such notification , the said districts and sub-dis-
tricts shall come within such operation accordingly , and the committee
thereof respectively shall be entitled to exericse the powers and privileges
conferred upnn them by this ordinance .
(2) the governor may , however, from time to time , by notification
to be published in the gazette for that purpose , exemppt from the
operation of this ordinance any district or sub-district which may
have been brought within such operation , and thereupon hte said district
or sub-district shall cease to be liable to the provisions of this ordinance.
(3) the governor may also , by like notification , from time to time , if
he deems it expedient , alter the boundaries or contituent parts of any
district or sub-district.
committees of district or sub-districts.
4. it shall be lawful for the governor to appoint from time to time
for each sub-district such persons as he may think fit to form a com -
mittee for such sub-district, and also to appoint for each district such
members for the sub-distict committees or such other persons as he
may think fit to form a committee for such district .
5. it shall be lawful for the governor to appoint from time to time
as chairman fo each district committee and as chairman of each sub-
district committee such member of such committees respectively as having regard to any recommendations of the majority of the members
of such respective committees, he may deem fit.
6-(1) notificaiton of the various districts and sub-districts , and
of the respective committees thereof , and of the chairmen fo such
committees shall from time to time be published in the gazette.
(2) the production of a copy of the gazette containing any such
notification , or of any copy of such notification purporting to be printed
by the government printer , shall be taken as prima facie evidence of
the matters so notified .
rules
7-(1) the governor-in -council may form time to time make such
rules as he may deem expedient for the mainatenance fo the peace ,
goodd order , health , and cleanliness of , and for the furtherance fo the
good government and well-being of , the therritories to which this ordi-
nace applies , and for the making , improvement , or maintenance , in
such territories or the waters therefo ,of any roads , paths , harbours ,
piers , wharves , landing-places , or beacons , and may by such rules im-
pose penalties, not exceeding in each case ten dollars , for any breach
of any such rule .
(2) in the case of a continued breach , additional penalties, not exceed-
ing ten dollars a day , may be imposed in each case.
8. the governor-in-council may form time to time make such rules
as he may deem expedient for the appointment of watchmen in any
district or sub-district for the levying in any district or sub-
district of , and the collection , recovery by legal proceedings , and safe
custody of , and the keeping of accounts of ,such contributions as may be
required for the payment of such watchmen and for other purposes
connected with the due observance and enforcement of any rules made
under this ordinance .
9-(1) all rules made under this ordinance shall be published in
the gazette, in english and in chinese , and shall thereupon become as
valid and binding as if inserted in this ordinance.
(2) such rules shall be publicly notified in chinese by the colonial
secretary in the districts and sub-districts subject to their operation,
and copies in english and in chinese , certified by him as correct , shall
be duly recorded insuch districts and sub-districts , in such manner as
he may direct.
10.it shall be the duty fo the respective district and sub-district
committees , as the case may be , to enforc, under the supervision of such
officers as the governor may appoint, and wiht the assistance of the
watchmen and other officers, ifany , os directed by the governor ,all rules
made under this ordinance in force in their respectinve districts and sub-
districts .
local tribunals in districts and sub-districts.
11.-(1) the governor-in-council may establish local tribunals in
any districts and sub-districts brought under hte operation fo this ordi-
nance, with such jurisdiction as is hereinafter set forth . such tribunals
shall be called distict courts or sub-district courts, as the case may be .
(2) a district court shall be presided over by the chairman of the
district committee or suuch other officer as the governor may appoint to
act as president , and such other president shall be assisted by the mambers of
the district committee or by a quarum thereof , consisting of not less
than three fo such members.
(3) a sub-district court shall be presided over by the chairman fo
the sub-district committee or such other officer as the governor may
appoint to act as president , and president shall be assisted by the
members of the sub-district committee or by a quorum thereof , consist-
ing of not less than two of such members .
(4) a district court shall be a court of appeal from any sub-district
court situated wihtin its district . in cases, however, which do not fall
within the jurisdiction of any sub-district court , the district court
which possesses jurisdiction shall be a court of first instance.
12 the decision of any such court shall be determined by a majority op
of the votes of the members , but , in case of an equality fo votes , the
president shall have a casting vote in addition to his original vote.
13. the president, assisted by the other members of the court as
hereinbefore prescribed , shall sit in open court, at such times and places
as occasion may require or the governor may prescribe , to try breaches
of an rules made under this ordinance and also to exercise civil and
crimainal jurisdiction in the cases hereinafter described, if the parties
thereto are natives or if the parties thereto, whether natives or not , con-
sent in writing to their case beign tried by such court; that is to say , -
(1) civil jurisdiction in all cases in whicb the debts , damage , or demand
does not exceed one hundred dollars , and the party defendant is a
resident within the district or sub-district , as the case may be , over
which the court has jurisdiction or in whicb the cause fo action has
arisen, wholly or as to any part, within such districts and sub-districts;
and also in all cause in which the title to , interest in , or right to the
possession of , any land or immovable property is in dispute , provided
the value of such land or immovable property , or fo the particular share , right , or interest in dispute in such case , does not exceed one
hundred dollars , and the same or any part thereof is situate in such
district or sub-district;and
(2) criminal jurisdiction in-
(a) petty assaults , that is to say , assaults which may , in the opimion
of the court , be adequately punished by no higher punishment
than a fine fo ten dollars ro imprisonment for one month with
hard labour;
(b) petty thefts, that is to say , thefts where the property stolen does
not exceed in value ten dollars , or where the theft is not preceeded
or accompanied by violence to the person , and which may , in the
opinion of the court, be adequately punished by no higher pun-
ishment than a fine of ten dollars or imprisonment for one month
with hard labour; and
(c) malicious injuries to property or boundaries , where the damage
does not exceed twenty dollars :
provided , however , as follows:-
(1) that the breach of rule or the cause of action has arisen ro the
offence has been committed , wholy or in part , within the district
or sub-district , as the case may be ;
(2) that it shall be lawful for the president and other members fo the
court before whom any case , civil or criminal , is instituted , or by
whom it is partially tried, to refer the parties to any civil or criminal
court having jurisdiction , if it appears to them that the case is one
which from its circumstances may more properly be prosecuted
before the higher tribunal ; and
(3) that it shall be lawful for the attorney general , in any case , to
stop the trial or further trial of such case gbefore a district or sub-
district court , and to direct it tot be tried by any other civil or crimi-
nal court having jurisdiction.
14.-(1) every district and sub-district court shall have power to
punish , by fine not exceeding ten dollars , any person convicted before it
of any offence or of the breach of any rule , and , in case of a continued
breach of any rule, such court may impose a further fine not exceeding
ten dollars for each day such breach is continued after notice to the
offender.
(2) every such court shall also have power to sentence the offender,
in default of payment of any fine imposed under this ordinance , to
imprisonment wiht hard laoburt for nay term not exceedign one moonth .
(3) every such court shall also have power , in lieu of inficting im-
prisonment , to punish any person convicted before it of any offence with
cone flogging , not exceeding twelve strokes at any one time ; and every such flogging shall be reported to the colonial secretary and shall be
carried out in such manner as the governor may direct .
15.-(1) all persons sentenced under this ordinance by any district
or sub-district court to imprisonment wiht hard labour may be confined
in suhc lock-up as the governor may appoint for such purpose , adn shall ,
while undergoing sentence, be subject , as to diet , treatment , class of
labour , and otherwise , to such rules as the governor-in-council may
make in that behalf .
(2) the governor-in-council is hereby authurized to make such
rules .
16. no person having any pecuniary interest in the subject-matter
fo the litigation shall take part in the adjudicaion fo any civil or
criminal case.
17. if it appears to any such court that any case has been falsely and
maliciously or upon frivolous or vexatious grounds instituted therein , it
shall be lawful for suhc court ot sentence the party instituting such case
to a fine not exceedign ten dollars, and if such aggieved party accepts the
same , he shall not be entitled to have or mainta8in any action for th e
recovery of damages in respect fo the injury sustained by him by reasnn
of such false and malicious , or frivolous , or vexatious prosecution .
18.-(1) iit shall be lawful for the president of any such court , for
the purposes o fthe jurisdiction and duties hereby conferred upon him ,
and he is hereby authorized , to administer to ay witness the following
declaration in chinese:- ' you shall speak the truth , the whole truth ,
and nothing but the truth in your evidence in this case.'
(2) if any person , in the unanimous opinion fo the members of such
court , wilfully givs false evidence in open court , such person so offend-
ing shall be subject to the paymet of a fine not exceeding ten dollars
or ot imprisonment with hard labour for any term nto exceeding one
month , and the president may make a summary order for the punish-
ment of such person accordingly , without any prosecution for perjury
beign instituted .
19. every watchman shall be bound ,within the district or sub-
district to which he belongs , to execute all judgements and sentences
when so required or directed, and to serve and execute all documents
and processes in all cases which he may be required or directed by any
district or sub-district court ro any president thereof to serve or exe-
cute according to the extet its jurisdiction , and to report such service
or execution to such court or president, as the case may be , and to
receive into custody and detain all such persons as may be committed
by such court or president to his charge, and to take them to the lock-
up if they are sentenced to imprisonment or their detention is ordered.
20. in addtion to his ordinary jurisdiction , a magistrate shall have
jurisdictioon to inquire into , try , and determine or commit for trial any
case which any district or sub-district court may deal wiht , and he
may withdraw any case which is being investigated by any such court
from such court and may himself inquire into and deal wiht such
case.
21.-(1) it shall be lawful for the governor-in-council from time
to time to make rules (subject to the provisions of this ordinance and
not inconsistent therewiht )n to be observed by the district and sub-
district courts hereby created , touching and concerning all or any fo
the following matters :-
(a) the form and manner fo proceeding to be observed in cases
before them;
(b)the process to be issued by them and the mode of enforcing
the same;
(c) the execution of judgments and sentences , the seizure and sale
of movable and immovable property , and the disposal of claims
in execution ;
(d) the form , time , and mode fo appealing from their decisions ;
and
(e) the summoning of members of the court to be present at its
sittings;
and generally to make all such rules as may be necessary to give full
and complete effect to the provisions of this ordinance.
(2) such rules shall be published , in english and in chinese , in the
gazentte , and shall thereupon become as legal , valid , adn effectual as if
the same had been inserted in this ordinance.
(3) subject ot such rules , the proceedings fo such courts shall be
conducted in the chinese language , and shall be summary and free
from the formalities of judicial proceedings ; and it shall be the duty of
such courts to do substantial justice in all quesitons coming before
them , wihtout regard to matters of form ; and no barrister, proctor,
attorney , or solicitor shall be permitted to appear on behalf of any party
in any casse before such courts.
22. if , if the course fo ay trial before any district or sub-district
court, it appears that hte case under trial is , from its nature or magni-
tude , beyond the jurisdiction fo such court , the president shall forth-
with stop the trial , and order that the case be transferred to teh magis-
trate or proper court having jurisdiction to try the same .
23-(1) it shall be the duty of the president of every district and
sub-district court to report weekly all cases tried before such tribunal to
the colonial secretary .
(2) records of all proceedings shall be open aat all times to the
inspection fo the colnial secretary , and due provision shall be made
for their safe custody .
(3) the colonial secretary may ata any time sit with the president
and other members of the court and observe their proceedigns,and shall
from time to time report on such proceedings to the governor .
appeals from sub-district and district courts .
\24-(1) any party who is dissatified with the decision fo a sub-
district court may appeal to the district court fo the district in which
such sub-district is included , and any party who is dissatisfied with the
decision fo a district court may appeal to a magistrate within fifteen days
from the date of such decision (or wihtin such further time , if any , as
the magistrate may allow ), of his intention to appeal .
(2) an appeal shall lie from the magistrate to the governor, by way
of petition to be presented to the colonial secretary , within fifteen days
from the date fo the decision appealed from .
miscellaneous provisions
25. it shall be lawful for ht egovernor to dismiss any president or
chairman or other member of a district or sub-district court court ro
committee who is appointed under htis ordinance and who may appear
to him to be unworthy fo his post , an dto substitute another president ,
chairman , or member in his stead , and such president , chairman, or
member so dismissed shall be disqualified from holdign office unless he is
expressly rehabilitaate hby the governor
26.-(1) it shalll be competent for ay district or sub-district court
to direct such portion of ay fine as it may deem fit to paid to the
person injured or aggrieved by the act or ommission in respect of which
such fine has been imposed (on condition that such person , if he accepts
the same , shall not have or maintain any action for the recovery fo
damages for the loss or injury sustained by him by reason of such act
of omission ) , adn such otehr portion thereof as it may deem fit to the
persons , if any , emjployed to do the work which ought ot have been
done or to repair the mischief done by the defendant .
(2) all fines paid to or recovered by ay district or sub-district
court shalll be deposited wiht such officer as the governor may appoint
be by him apropriated (if any such direction as aforesaid is made by
the court ) in the manner directed by the court .
(3) the balance fo such fine, if any , shall be applied as the governor
may direct to the payment of the necessary expenses of carrying this
ordinance into execution , and for such local purposes as the governor
may determine
27.it shall be hte duty of all watchmen and of all members of the
police force to aid and assist the district and su-district committees
and courts in the exercise fo the powers and juridictios and the perform-
ance of the duties conferred and imposed upon them by this ordinance .
28. every president, chairman , and member of a district or sub-
district court or committee, and every watchman , shall be deemed to be
a ' public servant ' within the meaning of the misdemeanors punish-
ment ordinance , 1898, and the provisions of the ordinance shalll be
applied in every respect as if such president , chairman, member , or
watchman had been included in the definition of a publice servant con-
tained in that ordinance .
29-(1) where, in the opinion of the governor, there is an undue
prevalence of crime in any district or sub-district , or any district or
sub-district committee appears to him to be unble to or to fail to
maintain peace and good order in such district or sub-district , it shall
be lawful for the governor to station police or extra police in such
district or sub-district , and to order the levy fo a special rate upon such
district or sub-district, to an amount sufficient to defray the whole or
any portion of the cost of such police.
(2) when the levying of any such special rate is ordered by the
governor , he may , by such order ,specify the procedure by which pay-
ment of such rate may be enforced summarily by a magistrate , and all
magistrates shall have jurisdiction so to enforce the same accordingly.
A.D. 1899. Ordinance No.11 of 1899.
Short title and application.
Interpretation of terms. Constitution of Districts and Sub-districts in New Territories. Appointment of Committees for Sub-districts and Districts. Chairmen of Committees. Notification of Districts and Subdistricts, Committees, and Chairmen. Making of rules for New Territories. Making of rules relating to watchmen and contributions. Publication of rules. Duty of Committees to enforce rules. Constitution of District and Sub-district Courts. Decisions of Court. Jurisdiction of Court in civil and criminal matters. Punishments which may be awarded by Court. Imprisonment with hard labour, etc. Interested party not to adjudicate. Power to fine for false or frivolous case. Form of declaration and penalty for perjury. Execution of judgments and sentences and service of process. Jurisdiction of Magistrate. Making of rules of procedure for Courts. Transfer of case beyond jurisdiction of Court. Duty of President of Court to make weekly report of cases tried, etc. Right of appeal from decision of Court. Power of Governor as to dismissal of members of Court or Committee. Appropriation of fines. Watchmen and Police to assist in carrying out the Ordinance.
Penalty for bribery.
No. 1 of 1898.
Levying of contributions on inhabitants where extra crime requires provision of extra Police.
Local Communities
AN ORDINANCE RELATING to local communities and tribunals
in the new territories .
[18th april , 1899.]
Be it enacted by the governor of hongkong , with the advice and
consent of the legislative council thereof , as follows:-
1-(1) this ordinance may be cited as the local communities
ordinance , 1899.
(2) this ordinance shall only apply to the new territories which
have been added to this colony by the convention, dated the 9th
day of june, 1898, between her majesty queen victoria and his
imperial majesty the emperor of china .
2. in this ordinance , unless the context otherwise requires , -
' the colonial scretary' includes any officer appointed by the
governor to discharge any of the duties of the colonial secretary
under this ordinance :
' natives ' mean those persons resident in the country hwose fathers
are of the chinese reace , whether such persons or their fathers are
chinese subjects or not , and do not include those who have fathers
who are not of the chinese race.
districts and sub-districts.
3-(1) it shalll be lawful for the governor , by notifacion to be pub-
lished in the gaztte, to divide the territories to which this ordinance ap-
plies , or any part thereof , in to suitable distircts and sub-districts, and to
declare, by like notificeation, from time to time, as he may think desirable,
that any such districts and sub-districts shall be brought , from a time
to be named in suhc notification , within the operation fo this ordinance
on the publication fo such notification , the said districts and sub-dis-
tricts shall come within such operation accordingly , and the committee
thereof respectively shall be entitled to exericse the powers and privileges
conferred upnn them by this ordinance .
(2) the governor may , however, from time to time , by notification
to be published in the gazette for that purpose , exemppt from the
operation of this ordinance any district or sub-district which may
have been brought within such operation , and thereupon hte said district
or sub-district shall cease to be liable to the provisions of this ordinance.
(3) the governor may also , by like notification , from time to time , if
he deems it expedient , alter the boundaries or contituent parts of any
district or sub-district.
committees of district or sub-districts.
4. it shall be lawful for the governor to appoint from time to time
for each sub-district such persons as he may think fit to form a com -
mittee for such sub-district, and also to appoint for each district such
members for the sub-distict committees or such other persons as he
may think fit to form a committee for such district .
5. it shall be lawful for the governor to appoint from time to time
as chairman fo each district committee and as chairman of each sub-
district committee such member of such committees respectively as having regard to any recommendations of the majority of the members
of such respective committees, he may deem fit.
6-(1) notificaiton of the various districts and sub-districts , and
of the respective committees thereof , and of the chairmen fo such
committees shall from time to time be published in the gazette.
(2) the production of a copy of the gazette containing any such
notification , or of any copy of such notification purporting to be printed
by the government printer , shall be taken as prima facie evidence of
the matters so notified .
rules
7-(1) the governor-in -council may form time to time make such
rules as he may deem expedient for the mainatenance fo the peace ,
goodd order , health , and cleanliness of , and for the furtherance fo the
good government and well-being of , the therritories to which this ordi-
nace applies , and for the making , improvement , or maintenance , in
such territories or the waters therefo ,of any roads , paths , harbours ,
piers , wharves , landing-places , or beacons , and may by such rules im-
pose penalties, not exceeding in each case ten dollars , for any breach
of any such rule .
(2) in the case of a continued breach , additional penalties, not exceed-
ing ten dollars a day , may be imposed in each case.
8. the governor-in-council may form time to time make such rules
as he may deem expedient for the appointment of watchmen in any
district or sub-district for the levying in any district or sub-
district of , and the collection , recovery by legal proceedings , and safe
custody of , and the keeping of accounts of ,such contributions as may be
required for the payment of such watchmen and for other purposes
connected with the due observance and enforcement of any rules made
under this ordinance .
9-(1) all rules made under this ordinance shall be published in
the gazette, in english and in chinese , and shall thereupon become as
valid and binding as if inserted in this ordinance.
(2) such rules shall be publicly notified in chinese by the colonial
secretary in the districts and sub-districts subject to their operation,
and copies in english and in chinese , certified by him as correct , shall
be duly recorded insuch districts and sub-districts , in such manner as
he may direct.
10.it shall be the duty fo the respective district and sub-district
committees , as the case may be , to enforc, under the supervision of such
officers as the governor may appoint, and wiht the assistance of the
watchmen and other officers, ifany , os directed by the governor ,all rules
made under this ordinance in force in their respectinve districts and sub-
districts .
local tribunals in districts and sub-districts.
11.-(1) the governor-in-council may establish local tribunals in
any districts and sub-districts brought under hte operation fo this ordi-
nance, with such jurisdiction as is hereinafter set forth . such tribunals
shall be called distict courts or sub-district courts, as the case may be .
(2) a district court shall be presided over by the chairman of the
district committee or suuch other officer as the governor may appoint to
act as president , and such other president shall be assisted by the mambers of
the district committee or by a quarum thereof , consisting of not less
than three fo such members.
(3) a sub-district court shall be presided over by the chairman fo
the sub-district committee or such other officer as the governor may
appoint to act as president , and president shall be assisted by the
members of the sub-district committee or by a quorum thereof , consist-
ing of not less than two of such members .
(4) a district court shall be a court of appeal from any sub-district
court situated wihtin its district . in cases, however, which do not fall
within the jurisdiction of any sub-district court , the district court
which possesses jurisdiction shall be a court of first instance.
12 the decision of any such court shall be determined by a majority op
of the votes of the members , but , in case of an equality fo votes , the
president shall have a casting vote in addition to his original vote.
13. the president, assisted by the other members of the court as
hereinbefore prescribed , shall sit in open court, at such times and places
as occasion may require or the governor may prescribe , to try breaches
of an rules made under this ordinance and also to exercise civil and
crimainal jurisdiction in the cases hereinafter described, if the parties
thereto are natives or if the parties thereto, whether natives or not , con-
sent in writing to their case beign tried by such court; that is to say , -
(1) civil jurisdiction in all cases in whicb the debts , damage , or demand
does not exceed one hundred dollars , and the party defendant is a
resident within the district or sub-district , as the case may be , over
which the court has jurisdiction or in whicb the cause fo action has
arisen, wholly or as to any part, within such districts and sub-districts;
and also in all cause in which the title to , interest in , or right to the
possession of , any land or immovable property is in dispute , provided
the value of such land or immovable property , or fo the particular share , right , or interest in dispute in such case , does not exceed one
hundred dollars , and the same or any part thereof is situate in such
district or sub-district;and
(2) criminal jurisdiction in-
(a) petty assaults , that is to say , assaults which may , in the opimion
of the court , be adequately punished by no higher punishment
than a fine fo ten dollars ro imprisonment for one month with
hard labour;
(b) petty thefts, that is to say , thefts where the property stolen does
not exceed in value ten dollars , or where the theft is not preceeded
or accompanied by violence to the person , and which may , in the
opinion of the court, be adequately punished by no higher pun-
ishment than a fine of ten dollars or imprisonment for one month
with hard labour; and
(c) malicious injuries to property or boundaries , where the damage
does not exceed twenty dollars :
provided , however , as follows:-
(1) that the breach of rule or the cause of action has arisen ro the
offence has been committed , wholy or in part , within the district
or sub-district , as the case may be ;
(2) that it shall be lawful for the president and other members fo the
court before whom any case , civil or criminal , is instituted , or by
whom it is partially tried, to refer the parties to any civil or criminal
court having jurisdiction , if it appears to them that the case is one
which from its circumstances may more properly be prosecuted
before the higher tribunal ; and
(3) that it shall be lawful for the attorney general , in any case , to
stop the trial or further trial of such case gbefore a district or sub-
district court , and to direct it tot be tried by any other civil or crimi-
nal court having jurisdiction.
14.-(1) every district and sub-district court shall have power to
punish , by fine not exceeding ten dollars , any person convicted before it
of any offence or of the breach of any rule , and , in case of a continued
breach of any rule, such court may impose a further fine not exceeding
ten dollars for each day such breach is continued after notice to the
offender.
(2) every such court shall also have power to sentence the offender,
in default of payment of any fine imposed under this ordinance , to
imprisonment wiht hard laoburt for nay term not exceedign one moonth .
(3) every such court shall also have power , in lieu of inficting im-
prisonment , to punish any person convicted before it of any offence with
cone flogging , not exceeding twelve strokes at any one time ; and every such flogging shall be reported to the colonial secretary and shall be
carried out in such manner as the governor may direct .
15.-(1) all persons sentenced under this ordinance by any district
or sub-district court to imprisonment wiht hard labour may be confined
in suhc lock-up as the governor may appoint for such purpose , adn shall ,
while undergoing sentence, be subject , as to diet , treatment , class of
labour , and otherwise , to such rules as the governor-in-council may
make in that behalf .
(2) the governor-in-council is hereby authurized to make such
rules .
16. no person having any pecuniary interest in the subject-matter
fo the litigation shall take part in the adjudicaion fo any civil or
criminal case.
17. if it appears to any such court that any case has been falsely and
maliciously or upon frivolous or vexatious grounds instituted therein , it
shall be lawful for suhc court ot sentence the party instituting such case
to a fine not exceedign ten dollars, and if such aggieved party accepts the
same , he shall not be entitled to have or mainta8in any action for th e
recovery of damages in respect fo the injury sustained by him by reasnn
of such false and malicious , or frivolous , or vexatious prosecution .
18.-(1) iit shall be lawful for the president of any such court , for
the purposes o fthe jurisdiction and duties hereby conferred upon him ,
and he is hereby authorized , to administer to ay witness the following
declaration in chinese:- ' you shall speak the truth , the whole truth ,
and nothing but the truth in your evidence in this case.'
(2) if any person , in the unanimous opinion fo the members of such
court , wilfully givs false evidence in open court , such person so offend-
ing shall be subject to the paymet of a fine not exceeding ten dollars
or ot imprisonment with hard labour for any term nto exceeding one
month , and the president may make a summary order for the punish-
ment of such person accordingly , without any prosecution for perjury
beign instituted .
19. every watchman shall be bound ,within the district or sub-
district to which he belongs , to execute all judgements and sentences
when so required or directed, and to serve and execute all documents
and processes in all cases which he may be required or directed by any
district or sub-district court ro any president thereof to serve or exe-
cute according to the extet its jurisdiction , and to report such service
or execution to such court or president, as the case may be , and to
receive into custody and detain all such persons as may be committed
by such court or president to his charge, and to take them to the lock-
up if they are sentenced to imprisonment or their detention is ordered.
20. in addtion to his ordinary jurisdiction , a magistrate shall have
jurisdictioon to inquire into , try , and determine or commit for trial any
case which any district or sub-district court may deal wiht , and he
may withdraw any case which is being investigated by any such court
from such court and may himself inquire into and deal wiht such
case.
21.-(1) it shall be lawful for the governor-in-council from time
to time to make rules (subject to the provisions of this ordinance and
not inconsistent therewiht )n to be observed by the district and sub-
district courts hereby created , touching and concerning all or any fo
the following matters :-
(a) the form and manner fo proceeding to be observed in cases
before them;
(b)the process to be issued by them and the mode of enforcing
the same;
(c) the execution of judgments and sentences , the seizure and sale
of movable and immovable property , and the disposal of claims
in execution ;
(d) the form , time , and mode fo appealing from their decisions ;
and
(e) the summoning of members of the court to be present at its
sittings;
and generally to make all such rules as may be necessary to give full
and complete effect to the provisions of this ordinance.
(2) such rules shall be published , in english and in chinese , in the
gazentte , and shall thereupon become as legal , valid , adn effectual as if
the same had been inserted in this ordinance.
(3) subject ot such rules , the proceedings fo such courts shall be
conducted in the chinese language , and shall be summary and free
from the formalities of judicial proceedings ; and it shall be the duty of
such courts to do substantial justice in all quesitons coming before
them , wihtout regard to matters of form ; and no barrister, proctor,
attorney , or solicitor shall be permitted to appear on behalf of any party
in any casse before such courts.
22. if , if the course fo ay trial before any district or sub-district
court, it appears that hte case under trial is , from its nature or magni-
tude , beyond the jurisdiction fo such court , the president shall forth-
with stop the trial , and order that the case be transferred to teh magis-
trate or proper court having jurisdiction to try the same .
23-(1) it shall be the duty of the president of every district and
sub-district court to report weekly all cases tried before such tribunal to
the colonial secretary .
(2) records of all proceedings shall be open aat all times to the
inspection fo the colnial secretary , and due provision shall be made
for their safe custody .
(3) the colonial secretary may ata any time sit with the president
and other members of the court and observe their proceedigns,and shall
from time to time report on such proceedings to the governor .
appeals from sub-district and district courts .
\24-(1) any party who is dissatified with the decision fo a sub-
district court may appeal to the district court fo the district in which
such sub-district is included , and any party who is dissatisfied with the
decision fo a district court may appeal to a magistrate within fifteen days
from the date of such decision (or wihtin such further time , if any , as
the magistrate may allow ), of his intention to appeal .
(2) an appeal shall lie from the magistrate to the governor, by way
of petition to be presented to the colonial secretary , within fifteen days
from the date fo the decision appealed from .
miscellaneous provisions
25. it shall be lawful for ht egovernor to dismiss any president or
chairman or other member of a district or sub-district court court ro
committee who is appointed under htis ordinance and who may appear
to him to be unworthy fo his post , an dto substitute another president ,
chairman , or member in his stead , and such president , chairman, or
member so dismissed shall be disqualified from holdign office unless he is
expressly rehabilitaate hby the governor
26.-(1) it shalll be competent for ay district or sub-district court
to direct such portion of ay fine as it may deem fit to paid to the
person injured or aggrieved by the act or ommission in respect of which
such fine has been imposed (on condition that such person , if he accepts
the same , shall not have or maintain any action for the recovery fo
damages for the loss or injury sustained by him by reason of such act
of omission ) , adn such otehr portion thereof as it may deem fit to the
persons , if any , emjployed to do the work which ought ot have been
done or to repair the mischief done by the defendant .
(2) all fines paid to or recovered by ay district or sub-district
court shalll be deposited wiht such officer as the governor may appoint
be by him apropriated (if any such direction as aforesaid is made by
the court ) in the manner directed by the court .
(3) the balance fo such fine, if any , shall be applied as the governor
may direct to the payment of the necessary expenses of carrying this
ordinance into execution , and for such local purposes as the governor
may determine
27.it shall be hte duty of all watchmen and of all members of the
police force to aid and assist the district and su-district committees
and courts in the exercise fo the powers and juridictios and the perform-
ance of the duties conferred and imposed upon them by this ordinance .
28. every president, chairman , and member of a district or sub-
district court or committee, and every watchman , shall be deemed to be
a ' public servant ' within the meaning of the misdemeanors punish-
ment ordinance , 1898, and the provisions of the ordinance shalll be
applied in every respect as if such president , chairman, member , or
watchman had been included in the definition of a publice servant con-
tained in that ordinance .
29-(1) where, in the opinion of the governor, there is an undue
prevalence of crime in any district or sub-district , or any district or
sub-district committee appears to him to be unble to or to fail to
maintain peace and good order in such district or sub-district , it shall
be lawful for the governor to station police or extra police in such
district or sub-district , and to order the levy fo a special rate upon such
district or sub-district, to an amount sufficient to defray the whole or
any portion of the cost of such police.
(2) when the levying of any such special rate is ordered by the
governor , he may , by such order ,specify the procedure by which pay-
ment of such rate may be enforced summarily by a magistrate , and all
magistrates shall have jurisdiction so to enforce the same accordingly.
A.D. 1899. Ordinance No.11 of 1899.
Short title and application.
Interpretation of terms. Constitution of Districts and Sub-districts in New Territories. Appointment of Committees for Sub-districts and Districts. Chairmen of Committees. Notification of Districts and Subdistricts, Committees, and Chairmen. Making of rules for New Territories. Making of rules relating to watchmen and contributions. Publication of rules. Duty of Committees to enforce rules. Constitution of District and Sub-district Courts. Decisions of Court. Jurisdiction of Court in civil and criminal matters. Punishments which may be awarded by Court. Imprisonment with hard labour, etc. Interested party not to adjudicate. Power to fine for false or frivolous case. Form of declaration and penalty for perjury. Execution of judgments and sentences and service of process. Jurisdiction of Magistrate. Making of rules of procedure for Courts. Transfer of case beyond jurisdiction of Court. Duty of President of Court to make weekly report of cases tried, etc. Right of appeal from decision of Court. Power of Governor as to dismissal of members of Court or Committee. Appropriation of fines. Watchmen and Police to assist in carrying out the Ordinance.
Penalty for bribery.
No. 1 of 1898.
Levying of contributions on inhabitants where extra crime requires provision of extra Police.
Abstract
A.D. 1899. Ordinance No.11 of 1899.
Short title and application.
Interpretation of terms. Constitution of Districts and Sub-districts in New Territories. Appointment of Committees for Sub-districts and Districts. Chairmen of Committees. Notification of Districts and Subdistricts, Committees, and Chairmen. Making of rules for New Territories. Making of rules relating to watchmen and contributions. Publication of rules. Duty of Committees to enforce rules. Constitution of District and Sub-district Courts. Decisions of Court. Jurisdiction of Court in civil and criminal matters. Punishments which may be awarded by Court. Imprisonment with hard labour, etc. Interested party not to adjudicate. Power to fine for false or frivolous case. Form of declaration and penalty for perjury. Execution of judgments and sentences and service of process. Jurisdiction of Magistrate. Making of rules of procedure for Courts. Transfer of case beyond jurisdiction of Court. Duty of President of Court to make weekly report of cases tried, etc. Right of appeal from decision of Court. Power of Governor as to dismissal of members of Court or Committee. Appropriation of fines. Watchmen and Police to assist in carrying out the Ordinance.
Penalty for bribery.
No. 1 of 1898.
Levying of contributions on inhabitants where extra crime requires provision of extra Police.
Short title and application.
Interpretation of terms. Constitution of Districts and Sub-districts in New Territories. Appointment of Committees for Sub-districts and Districts. Chairmen of Committees. Notification of Districts and Subdistricts, Committees, and Chairmen. Making of rules for New Territories. Making of rules relating to watchmen and contributions. Publication of rules. Duty of Committees to enforce rules. Constitution of District and Sub-district Courts. Decisions of Court. Jurisdiction of Court in civil and criminal matters. Punishments which may be awarded by Court. Imprisonment with hard labour, etc. Interested party not to adjudicate. Power to fine for false or frivolous case. Form of declaration and penalty for perjury. Execution of judgments and sentences and service of process. Jurisdiction of Magistrate. Making of rules of procedure for Courts. Transfer of case beyond jurisdiction of Court. Duty of President of Court to make weekly report of cases tried, etc. Right of appeal from decision of Court. Power of Governor as to dismissal of members of Court or Committee. Appropriation of fines. Watchmen and Police to assist in carrying out the Ordinance.
Penalty for bribery.
No. 1 of 1898.
Levying of contributions on inhabitants where extra crime requires provision of extra Police.
Identifier
https://oelawhk.lib.hku.hk/items/show/720
Edition
1901
Volume
v2
Subsequent Cap No.
97
Cap / Ordinance No.
No. 7 of 1899
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LOCAL COMMUNITIES ORDINANCE, 1899,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/720.
