PREVENTION OF CRIMES ORDINANCE, 1887

PREVENTION OF CRIMES ORDINANCE, 1887

No. 4 of 1887.

For the more effectual Prevention of Crimes.

[19th April, 1887.]

1. The Prevention of Crimes Ordinance, 1887.

2.-(1) It shall be lawful for the Governor, by an order in
writing under his hand and seal, to grant to any convict sentenced
to imprisonment with hard labour, a licence to be at large in this
Colony or in such part thereof as in the liccence may be expressed,
during such portion of his term of imprisonment and on such
conditions in all respects as to the Governor may seem fit.

(2) It shall be lawful for the Governor to revoke or alter any
such licence by a like order at his pleasure.

3. So long as the licence continues in for and unrevoked, the
convict shall not be liable to be imprisoned by reason of his sentence,
but shall be allowed to go and remain at large according to
the terms of the licence.

4.-(1) Provided always that if it pleases the Governor to revoke
any such licence as aforesaid, it shall be lawful for him, by warrant
under his hand and seal, to signify to a Magistrate that the licence
has been revoked, and to require him to issue his warrant for the
apprehension of the convict to whom the licence was granted, and
the Magistrate shall issue his warrant accordingly, which shall be
executed by the constable to whom the same is delivered for that
purpose.

(2) The convict, when apprehended, shall be brought, as soon
as conveniently may be, before a Magistrate who shall thereupon
issue his warrant for the recommitment of the convict to the prison
or place of confinement from which he was released by virtue of
the licence, and the convict shall be so recommitted accordingly,
and shall thereupon be remitted to his original sentence, and shall
undergo the residue thereof as if no such licence had been granted.
5.-(1) A licence granted under this Ordinance may be in the
form in the schedule.

(2) If any holder of a licence is convicted, either by the verdict
of a jury or on his own confession, of any offence, his licence shall
be forthwith forfeited by virtue of such conviction.

6. If any holder of a licence-

(1) fails to produce his licence when required to do so by any
Judge or Magistrate before whom he may be brought charged with
any offence or by any officer of police in whose custody he may
be, and also fails to shew good cause why he does not produce the
same; or

(2) breaks any of the other conditions of his licence by an act
that is not of itself punishable,
he shall be deemed guilty of an offence punishable summarily by
imprisonment for any term not exceeding 3 months.

7. Any police officer may, without warrant, take into custody
any holder of a licence whom he may reasonably suspect of having
committed any offence or of having broken any of the conditions
of his licence, and may detain him in custody until he can be taken
before a Magistrate and dealt with according to law.

8. Where any licence is forfeited or revoked the convict shall,
after undergoing any punishment to which he may be sentenced for
the offence in consequence of which his licence is forfeited or revoked,
further undergo a term of imprisonment with hard labour equal
to the portion of the term that remain unexpired at the time of
his licence being granted, and shall be detained in any prison in
which he may be confined, by warrant of a Magistrate, and shall be
liable to be there dealt with in all respects as if such term of imprisonment
had formed part of his original sentence.

9.(1) Any constable in any police district may, if authorised
to do so in writing by the chief office of police of that district,
without warrant, take into custody any convict who is the holder of
a licence if it appears to such constable that the convict is getting
his livelihood by dishonest means, and may bring him before a
Magistrate.
(2) If it appears to the Magistrate that there are reasonable
grounds for believing that the convict is getting his livelihood by
dishonest means, he shall be deemed to be guilty of an offence, and
his licence shall be forfeited.

10.-(1) Where, in any licence any conditions different from or
in addition to those contained in the form in the schedule are
inserted, the holder of the licence, if he breaks any such conditions
by an act that is not of itself punishable, shall be deemed guilty of
an offence, and shall be liable to imprisonment for any term not
exceeding 3 months.

(2) A copy of any conditions annexed to any licence other than
the conditions contained in the form in the schedule, shall be liad
before the Legislative Council withing 21 days after the making
thereof, or if there is no meeting of the Council within that period,
then at the next meeting of the Council.

11.-(1) Every holder of a licence who is at large in the Colony
shall notify the place of his residence to an Inspector or Sergeant on
duty at the Central Police Station, who shall then indorse on the
licence the station at which the said holder shall report himself.

(2) Whenever the said holder changes his place of residence, he
shall notify such change at the police station indorsed on his licence,
and the officer in charge shall indorse on his licence the station
nearest to his residence, and the said holder shall report himself at
the police station so directed by the indorsement.

(3) Every male holder of a licence shall, once in each month,
report himself at such time as may be prescribed by the officer in
charge of the station indorsed on his licence, either to such officer
himself or to such other person as that officer may direct.

(4) If any holder of a licence who is at large in the Colony remains
in any place for 48 hours without notifying the place of his
residence at the station indorsed on his licence, or fails to comply
with the requisitions of this section on the occasion of any change
of residence or as to reporting himself, he shall in every such case,
unless he proves to the satisfaction of the Court or Magistrate that
he did his best to act in conformity with the law, be guilty of an
offence, and his licence may, in the discretion of the Court or
Magistrate, be forfeited; or if the term of imprisonment in
respect of which his licence was granted has expired at the date
of his conviction, he shall be liable to imprisonment for any term
not exceeding one year, or if the said term has not expired, and
the remainder is less than one year, then he shall be liable to
imprisonment, (to commence at the expiration of the said term),
for such period as, together with the remainder of the said term,
will not exceed one year.

12. The following provisions are made with a view to facilitate
the identification of criminals:-

(1) a register of all persons convicted of crime in the Colony
shall be kept, in such form and containing such particulars as may
be prescribed by the Governor, under the management of the
Captain Superintendent of Police or such other person as the
Governor may appoint;

(2) the Superintendent of the Gaol shall make returns of the
persons convicted of crime and coming within his custody, in such
form and with such particulars as the Governor may require;

(3) the Governor may make regulations as to the photographing
of all prisoners in the gaol convicted of crime, prescribing the time
at which and the manner and dress in which such prisoners are to
be photographed, and the number of photographs of each prisoner
to be printed, and the persons to whom such photographs are to be
sent.

Such regulations shall be deemed to be regulations for the government
of the prison and binding on all persons, in the same manner
as if they were contained in the rules made under any Ordinance
relating to prisons; and any prisoner refusing to obey any such
regulation shall be deemed guilty of an offence against prison discipline
within the meaning of such Ordinance.

SCHEDULE. [s. 5.]

[L.S.] FORM OF LICENCE.

The Governor is pleased to grant to , who was
convicted of , at the Criminal Session of the Supreme Court for
the Colony of Hongkong on the day of 19 , and was
then and there sentenced to imprisonment with hard labour for the term of
and is now confined in the , his licence
to be at large from the day of his liberation under this order during the remaining

portion of his said term of imprisonment, unless the said shall,
before the expiration of the said term, he convicted of some indictable offence within
the Colony, in which case such licence will be immediately forfeited by law, or unless
it shall please the Governor sooner to revoke or alter such licence.

This licence is given subject to the conditions indorsed upon the same, on the
breach of any of which it will be liable to be revoked whether such breach is followed
by a conviction or not.

And the Governor hereby orders that the said be set at
liberty within 30 days from the date of this order,

Given under my hand and seal at Victoria, Hongkong, this day of
, 19 .

By His Excellency's Command,

(Signed.) Colonial Secretary.

CONDITIONS.

1. The holder shall preserve his licence and produce it when called upon to do so
by a Magistrate, Justice of the Peace, or police officer.

2. He shall abstain from any violation of the law.

3. He shall not habitually associate with notoriously band characters, such as
reputed thieves and prostitutes.

4. He shall not lead an idle and dissolute life without visible means of obtaining
an honest livelihood.

5. If his licence is forfeited or revoked in consequence of a conviction for any
offence, he will be liable to undergo a term of imprisonment with hard labour equal
to the portion of his term of years which remained unexpired when his
licence was granted, viz., the term of years.

Short title. Licences to be at large under sentence of hard labour. [16 & 17 Vict.c.99 s.9.] Effect of licence. [ib.s.10.] Effect of revocation of licence. [ib.s.11.] Form and forfeiture of licence. [27 & 28 Vict.c. 47 s.4.] Offences by holder of licence. [ib.s.5.] Apprehension of holder of licence without warrant. [ib.s.6.] Effect of forfeiture or revocation of licence. [ib.s.9.] Forfeiture of licence if holder is getting his livelihood by dishonest means. [34 & 35 Vict.c.112. s.3.] Penalty for breach of conditions of licence. [34 & 35 Vict.c. 112 s.4.] Duty of holder of licence to notify place of residence to police. [ib.s.5.] Register and photographing of criminals. [34 & 35 Vict.c.112 s. 6.] [cf. No. 4 of 1899.]

Short title. Licences to be at large under sentence of hard labour. [16 & 17 Vict.c.99 s.9.] Effect of licence. [ib.s.10.] Effect of revocation of licence. [ib.s.11.] Form and forfeiture of licence. [27 & 28 Vict.c. 47 s.4.] Offences by holder of licence. [ib.s.5.] Apprehension of holder of licence without warrant. [ib.s.6.] Effect of forfeiture or revocation of licence. [ib.s.9.] Forfeiture of licence if holder is getting his livelihood by dishonest means. [34 & 35 Vict.c.112. s.3.] Penalty for breach of conditions of licence. [34 & 35 Vict.c. 112 s.4.] Duty of holder of licence to notify place of residence to police. [ib.s.5.] Register and photographing of criminals. [34 & 35 Vict.c.112 s. 6.] [cf. No. 4 of 1899.]

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