REGULATION OF CHINESE ORDINANCE, 1888
Title
REGULATION OF CHINESE ORDINANCE, 1888
Description
No. 3 of 1888.
To make provision for the Regulation of Chinese. [7th May, 1888.]
1. The Regulation of Chinese Ordinance, 1888.
2. In 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 tenant in a district of Victoria or, in
any case where there, is no such person, tben the immediate land-
lord 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
corporation, or if the 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 :
' 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. honse or his agent :
' Vessel '. means any ship, junk, or boat of any kind whatever,
whether propelled by steam, sails, or owners, or merely kept afloat as
a residence or otherwise.
PART I.
REGISTRATION OFFICE.
3. The registration office at present, existing shall be continued,
and the Registrar General and officers and assistants of the said
office shall discharge the duties thereof.
[s. 4, rep. No. 62 of 1911.]
PART II.
REGULATIONS.
5. The Governor-in-Council may make regulations necessary for
the better carrying out of His Ordinance, and preseribe forms
to be used thereunder.
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 All regulations published under any Ordinance repealed by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 regis-
tration of householders be divided into the following 10 districts:-
(i) Kennedytown; (iv) chung wan;
(ii) Shek-tong Tsui; (vii) Ha Wan;
(iii) Sai Yin-pun; (viii) Wan-tsai;
(iv) Taipingshan; (ix) bowrington; and
(v) Sheung Wan; (x) So-kon po.
( vi ) Chung WAn
(2,) The Govenor-in-council may by order extend the provisions
of this Part to any part of the Colony, and such part shall thereupon
constitute a district for the purposes of registration.
(3) the Governor-in-Council may alter any district or the bound-
aries thereof,
The boundaries of every district shall be set out in a,
map to be kept at the office of the Registrar General, a duplicate of
which shall be kept at the office of the director of Public Works.
8.-(1 ) Separate register books in respect of each district shall be
kept in the Registrar General's office.
(.2) Any register 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 shall, within 15
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 suhc house for any not less than one month ;
and such other particulars as may be required of him by the Re-
gistrar General, who shall supply blank forms for such purpose.
10. Every householder shall, within one week, report to tho
Registrar General any change in the tenancy of any portion of his
house.
11. Every registered householder shall receive a certificate of
registration 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 no permanent place of residence
in the colony shall enter into a bond, with one surety to be
approved of by the Registrar General, conditioned in the sum of 500
dollars, for the observance of the provisions of this Ordinance, and
shall appoint for every house in respect of which he is a honseholder
an agent in the Colony, who shall sign a form, to be supplied by the
Registrar General, containing his name and address; and there-
upon 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 shaIl be seized and be dealt with in such man-
ner as to the Governor-in-Couneil may seem fit.
13. The Registrar General may summon in writing before him
any householder, any agent of a house-holder, any rent-collector, or
any tenant of a portion of any house, and such householder,
agent, rent-collector, or tenant shall appear at the time and place
specified and furnish all particulars respecting 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 Ordi-
nance as to the sale of intoxicating liquors, every such fine or any
part thereof, in case the same has not been recovered from the
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 re-
covered 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 sum
mons against any householder for any offence against the provisions
of this Part cannot be effected, it shall be 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 house
holder, and, in case such householder does not appear according to
the exigency of such summons, the Magistrate may investigate the
charge against such householder in his absence, and deal with the
same in every respect as if such householder were present.
16. Whenevey there are several persons householders 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 stich provisions have been complied with by one
of such householders.
17. The several fees specified in the Ist schedule shall be charged
in respect of registration.
PART IV.
DISTRICT WATCHMEN.
18. The Governor may appoint any person whom he may con-
sider to be sufficiently recommended by the inhabitant of 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, within his district, 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 recornmended 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 imniediately subordinate to
the chief watchman, and shall, within his district, have all the
powers and anthorities of a constable.
20. The Registrar General, with the approval of the Governor-
in-Council, shall make rules to be observed by the said watchmen.
21. The Registrar General may remove any chief or other watch-
man from the district to which be has been appointed to any other
district, may summarily dismiss him , and may also inflict upon him
any fine not exceeding 10 dollars for misconduct.
PART V.
RELIGIOUS CERMEMONIES AND TREATRICAL PERFORMANCES.
22.-(1) Except as by this Ordinance provided, no person shall,
in any public street or road within the City of Victoria, play any
musical instrument or beat any drum or gong IN connexion with
any religious ceremony (except funeral or marriage) or with any
annual or other festival.
(2) No person shall, within the City of Victoria, play the Chinese
reed pipe (except in connexion with a funeral or marriage), or
beat any drum. 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 11p.m. and 6a.m.
23.-(1) Except as by this Ordinance provided, no person shall
organise, equip, or, take part in any procession, with or without
music, in any public street or road in the City of Victoria.
(2) This section shall not apply to any funeral or marriage
procession, 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 nearer
to any building than 100 yards, erect any inflammable structure,
awning, or decoration in connexion with any religions 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 scaffold-
ing is removed within 48 hours from the time of its erection.
25. Except as by this Ordinance provided, no person shall dis-
charge, kindle, or let off any firework in the City of Victoria, or
within 300 feet of the praya wall, 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 issue a permit for such performance,
without which permit no such performance shall be advertised,
notified, or carried on.
27.-(1) The Governor may authorise the issue of permits for-
(a) processions or music in the City of Victoria (other than
funeral or marriage processions), at suitable hours and, under
suitable conditions;
(b) the erection in the City of Victoria, or in villages, of cloth
covered sheds or decorations in suitable places, with proper pre-
cautions for safety and for the extinction of fire; -
(c) the discharge of fireworks in sulitablie places in or near the
City of Victoria; 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 cancel or withdraw any such permit.
(4) Permits for processions, theatricals, and other such acts as
are to be joined 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.
(5) 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.
28. All the provisions of sections 22 to 27 shall apply not only
to the places therein specified respectively, but also to all such other
places or districts as may be specified in regulations made by the
Governor-in-Council.
PART VI.
EXCLOSURES AND NIGHT PASSES.
29. It shall be lawful for the Governor-in- Council 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 sawe be prohibited at such times and for 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 by
notification to direct that no Chinese of either sex, without
reasonable excuse, shall be at large in the City of Victoria between
such hours of the night as may be fixed by such notification,
without a valid pass under this Ordinance,
(2) For the purposes of this section, ' night' means from 9
p.m. to 5 a.m.
(3) Any contravention of such notification shall be deemed a
offence against this Ordinance.
31.-(1) It shall be lawful for the Governor-in-Council, by
notification 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 therein specified carry lamps or lanterns: Provided
always that one lamp or lantern shall be sufficient for any number
of persons, not exceeding 12, who belong to the same party.
(2) Every person who disobeys any such notification shall, on
summary conviction, be liable to a fine not exceeding 50 dollars,
or to imprisonment, without hard labour, for any period not ex-
ceeding month.
(3) It shall be in the discretion, of any officer of police, 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.
32. The Colonial Secretary may, in his discretion, issue the
following passes:-
(1) to any Chinese resident in the Colony an annual pass valid
during 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 Signa-
tures Fees Ordinance, 1888, or in this Ordinance, no fee whatever
shall be charged or payable upon the issue of in 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 of a fee of one dollar.
38. The Captain Sujperintendent of Police may issue to any
applicant passes for each quarter of the current year.
39. The Captain Superintendent of 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
Uen issued by him;
(2) the number of passes issued;
(3) the period for which the saffle 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, Superin-
tendent 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 reason-
able 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 of a fee of 50 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 2nd schedule.
46. Every person who ,with intent to defrand, 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
shall be liable to imprisonment for any term not exceeding 2 years.
47. Every person who, without reasonable excuse, has in his
custody or possession a forged or counterfeit pass or a pass which
has been lawfully altered, knowing the same to be forged or
counterfeit or to have been so altered, shall be guilty of a mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding 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, without reasonable, excuse receives such pass, know-
ing the same to have been feloniously stolen or taken for any
unlawful purpose as afoidesaid, shall be guity of felony, and shall
be liable to imprisonment for any term not exceeding 2 Years.
0. Refusal or neglect, without, reasonable excuse, to return on
demand 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 pro-
clamation in the Chinese language without the permission of the
Registrar General.
(2) The Registrar General may 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
meeting 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 meeting
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 required to be
done by this Ordinance or by any regulation made thereunder;
(2) refusal to permit or obstruction of 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) usinor 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 for a first
offence to imprisonment for any term not exceeding one month,
and to a fine not exceeding 50 dollars; and for a second or sub-
sequent offence to imprisonment for any term not exceeding 2
months, and to a fine not exceeding 100 dollars.'
54. All penalties incurred and compensations awarded under, and
expenses incurred in enforcing, this Ordinance, may be recovered
in a summary way before a Magistrate.
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 Ordi-
nance, 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 lieu of the
originals.
FIRST SCHEDULE.
FEES FOR REGISTRATION OF HOUSEHOLDERS. [s. 17.] $C.
1. First registration of any house and householder...........3.00
2. Registration of change of householder................. 1.00
3. Begistration 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
SECOND SCHEDULE.
FORMS OF PASSES. [s.45.]
[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.
8. 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 19.
Short title. Interpretation of terms. Registration office. Regulations. Continuance of existing regulation. Division of Victoria into districts. Extension of Part III to any part of the Colony. Boundaries. Keeping of district registers. Particulars to be furnished by house-holder. Report of change of tenants. Certificate of registration. Giving of bond and appointment of agent by householder not resident in the Colony. Registrar General may summon householder or tenant, etc. Fines to be recoverable from house-holder in certain cases. [cf. No. 9 of 1911.] Mode of service of summons where personal service cannot be effected. Case of several house-holders. Registration fees. Appointment of chief watchman of district. Appointment of watchmen for district. Rules for 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. Extension of Part V to other places. Power to Governor-in-Council to enclose parts of City. Governor-in-Council may require night passes for Chinese. Governor-in-Council may require lights to be carried by Chinese at night. Issue of annual and special passes. Application for annual or special pass; which may be cancelled; is not transferable; and is granted free. No. 1 of 1888. Fee for duplicate. Quarterly passes. Register. Number to be issued; may be refused; and cancelled. Quarterly pass transferable. Duplicate quarterly pass. Forms of passes. 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. Penalties. Recovery of penalties and compensation. Certified copies and extracts to be received in evidence.
To make provision for the Regulation of Chinese. [7th May, 1888.]
1. The Regulation of Chinese Ordinance, 1888.
2. In 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 tenant in a district of Victoria or, in
any case where there, is no such person, tben the immediate land-
lord 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
corporation, or if the 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 :
' 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. honse or his agent :
' Vessel '. means any ship, junk, or boat of any kind whatever,
whether propelled by steam, sails, or owners, or merely kept afloat as
a residence or otherwise.
PART I.
REGISTRATION OFFICE.
3. The registration office at present, existing shall be continued,
and the Registrar General and officers and assistants of the said
office shall discharge the duties thereof.
[s. 4, rep. No. 62 of 1911.]
PART II.
REGULATIONS.
5. The Governor-in-Council may make regulations necessary for
the better carrying out of His Ordinance, and preseribe forms
to be used thereunder.
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 regis-
tration of householders be divided into the following 10 districts:-
(i) Kennedytown; (iv) chung wan;
(ii) Shek-tong Tsui; (vii) Ha Wan;
(iii) Sai Yin-pun; (viii) Wan-tsai;
(iv) Taipingshan; (ix) bowrington; and
(v) Sheung Wan; (x) So-kon po.
( vi ) Chung WAn
(2,) The Govenor-in-council may by order extend the provisions
of this Part to any part of the Colony, and such part shall thereupon
constitute a district for the purposes of registration.
(3) the Governor-in-Council may alter any district or the bound-
aries thereof,
The boundaries of every district shall be set out in a,
map to be kept at the office of the Registrar General, a duplicate of
which shall be kept at the office of the director of Public Works.
8.-(1 ) Separate register books in respect of each district shall be
kept in the Registrar General's office.
(.2) Any register 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 shall, within 15
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 suhc house for any not less than one month ;
and such other particulars as may be required of him by the Re-
gistrar General, who shall supply blank forms for such purpose.
10. Every householder shall, within one week, report to tho
Registrar General any change in the tenancy of any portion of his
house.
11. Every registered householder shall receive a certificate of
registration 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 no permanent place of residence
in the colony shall enter into a bond, with one surety to be
approved of by the Registrar General, conditioned in the sum of 500
dollars, for the observance of the provisions of this Ordinance, and
shall appoint for every house in respect of which he is a honseholder
an agent in the Colony, who shall sign a form, to be supplied by the
Registrar General, containing his name and address; and there-
upon 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 shaIl be seized and be dealt with in such man-
ner as to the Governor-in-Couneil may seem fit.
13. The Registrar General may summon in writing before him
any householder, any agent of a house-holder, any rent-collector, or
any tenant of a portion of any house, and such householder,
agent, rent-collector, or tenant shall appear at the time and place
specified and furnish all particulars respecting 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 Ordi-
nance as to the sale of intoxicating liquors, every such fine or any
part thereof, in case the same has not been recovered from the
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 re-
covered 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 sum
mons against any householder for any offence against the provisions
of this Part cannot be effected, it shall be 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 house
holder, and, in case such householder does not appear according to
the exigency of such summons, the Magistrate may investigate the
charge against such householder in his absence, and deal with the
same in every respect as if such householder were present.
16. Whenevey there are several persons householders 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 stich provisions have been complied with by one
of such householders.
17. The several fees specified in the Ist schedule shall be charged
in respect of registration.
PART IV.
DISTRICT WATCHMEN.
18. The Governor may appoint any person whom he may con-
sider to be sufficiently recommended by the inhabitant of 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, within his district, 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 recornmended 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 imniediately subordinate to
the chief watchman, and shall, within his district, have all the
powers and anthorities of a constable.
20. The Registrar General, with the approval of the Governor-
in-Council, shall make rules to be observed by the said watchmen.
21. The Registrar General may remove any chief or other watch-
man from the district to which be has been appointed to any other
district, may summarily dismiss him , and may also inflict upon him
any fine not exceeding 10 dollars for misconduct.
PART V.
RELIGIOUS CERMEMONIES AND TREATRICAL PERFORMANCES.
22.-(1) Except as by this Ordinance provided, no person shall,
in any public street or road within the City of Victoria, play any
musical instrument or beat any drum or gong IN connexion with
any religious ceremony (except funeral or marriage) or with any
annual or other festival.
(2) No person shall, within the City of Victoria, play the Chinese
reed pipe (except in connexion with a funeral or marriage), or
beat any drum. 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 11p.m. and 6a.m.
23.-(1) Except as by this Ordinance provided, no person shall
organise, equip, or, take part in any procession, with or without
music, in any public street or road in the City of Victoria.
(2) This section shall not apply to any funeral or marriage
procession, 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 nearer
to any building than 100 yards, erect any inflammable structure,
awning, or decoration in connexion with any religions 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 scaffold-
ing is removed within 48 hours from the time of its erection.
25. Except as by this Ordinance provided, no person shall dis-
charge, kindle, or let off any firework in the City of Victoria, or
within 300 feet of the praya wall, 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 issue a permit for such performance,
without which permit no such performance shall be advertised,
notified, or carried on.
27.-(1) The Governor may authorise the issue of permits for-
(a) processions or music in the City of Victoria (other than
funeral or marriage processions), at suitable hours and, under
suitable conditions;
(b) the erection in the City of Victoria, or in villages, of cloth
covered sheds or decorations in suitable places, with proper pre-
cautions for safety and for the extinction of fire; -
(c) the discharge of fireworks in sulitablie places in or near the
City of Victoria; 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 cancel or withdraw any such permit.
(4) Permits for processions, theatricals, and other such acts as
are to be joined 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.
(5) 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.
28. All the provisions of sections 22 to 27 shall apply not only
to the places therein specified respectively, but also to all such other
places or districts as may be specified in regulations made by the
Governor-in-Council.
PART VI.
EXCLOSURES AND NIGHT PASSES.
29. It shall be lawful for the Governor-in- Council 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 sawe be prohibited at such times and for 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 by
notification to direct that no Chinese of either sex, without
reasonable excuse, shall be at large in the City of Victoria between
such hours of the night as may be fixed by such notification,
without a valid pass under this Ordinance,
(2) For the purposes of this section, ' night' means from 9
p.m. to 5 a.m.
(3) Any contravention of such notification shall be deemed a
offence against this Ordinance.
31.-(1) It shall be lawful for the Governor-in-Council, by
notification 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 therein specified carry lamps or lanterns: Provided
always that one lamp or lantern shall be sufficient for any number
of persons, not exceeding 12, who belong to the same party.
(2) Every person who disobeys any such notification shall, on
summary conviction, be liable to a fine not exceeding 50 dollars,
or to imprisonment, without hard labour, for any period not ex-
ceeding month.
(3) It shall be in the discretion, of any officer of police, 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.
32. The Colonial Secretary may, in his discretion, issue the
following passes:-
(1) to any Chinese resident in the Colony an annual pass valid
during 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 Signa-
tures Fees Ordinance, 1888, or in this Ordinance, no fee whatever
shall be charged or payable upon the issue of in 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 of a fee of one dollar.
38. The Captain Sujperintendent of Police may issue to any
applicant passes for each quarter of the current year.
39. The Captain Superintendent of 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
Uen issued by him;
(2) the number of passes issued;
(3) the period for which the saffle 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, Superin-
tendent 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 reason-
able 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 of a fee of 50 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 2nd schedule.
46. Every person who ,with intent to defrand, 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
shall be liable to imprisonment for any term not exceeding 2 years.
47. Every person who, without reasonable excuse, has in his
custody or possession a forged or counterfeit pass or a pass which
has been lawfully altered, knowing the same to be forged or
counterfeit or to have been so altered, shall be guilty of a mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding 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, without reasonable, excuse receives such pass, know-
ing the same to have been feloniously stolen or taken for any
unlawful purpose as afoidesaid, shall be guity of felony, and shall
be liable to imprisonment for any term not exceeding 2 Years.
0. Refusal or neglect, without, reasonable excuse, to return on
demand 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 pro-
clamation in the Chinese language without the permission of the
Registrar General.
(2) The Registrar General may 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
meeting 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 meeting
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 required to be
done by this Ordinance or by any regulation made thereunder;
(2) refusal to permit or obstruction of 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) usinor 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 for a first
offence to imprisonment for any term not exceeding one month,
and to a fine not exceeding 50 dollars; and for a second or sub-
sequent offence to imprisonment for any term not exceeding 2
months, and to a fine not exceeding 100 dollars.'
54. All penalties incurred and compensations awarded under, and
expenses incurred in enforcing, this Ordinance, may be recovered
in a summary way before a Magistrate.
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 Ordi-
nance, 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 lieu of the
originals.
FIRST SCHEDULE.
FEES FOR REGISTRATION OF HOUSEHOLDERS. [s. 17.] $C.
1. First registration of any house and householder...........3.00
2. Registration of change of householder................. 1.00
3. Begistration 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
SECOND SCHEDULE.
FORMS OF PASSES. [s.45.]
[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.
8. 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 19.
Short title. Interpretation of terms. Registration office. Regulations. Continuance of existing regulation. Division of Victoria into districts. Extension of Part III to any part of the Colony. Boundaries. Keeping of district registers. Particulars to be furnished by house-holder. Report of change of tenants. Certificate of registration. Giving of bond and appointment of agent by householder not resident in the Colony. Registrar General may summon householder or tenant, etc. Fines to be recoverable from house-holder in certain cases. [cf. No. 9 of 1911.] Mode of service of summons where personal service cannot be effected. Case of several house-holders. Registration fees. Appointment of chief watchman of district. Appointment of watchmen for district. Rules for 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. Extension of Part V to other places. Power to Governor-in-Council to enclose parts of City. Governor-in-Council may require night passes for Chinese. Governor-in-Council may require lights to be carried by Chinese at night. Issue of annual and special passes. Application for annual or special pass; which may be cancelled; is not transferable; and is granted free. No. 1 of 1888. Fee for duplicate. Quarterly passes. Register. Number to be issued; may be refused; and cancelled. Quarterly pass transferable. Duplicate quarterly pass. Forms of passes. 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. Penalties. Recovery of penalties and compensation. Certified copies and extracts to be received in evidence.
Abstract
Short title. Interpretation of terms. Registration office. Regulations. Continuance of existing regulation. Division of Victoria into districts. Extension of Part III to any part of the Colony. Boundaries. Keeping of district registers. Particulars to be furnished by house-holder. Report of change of tenants. Certificate of registration. Giving of bond and appointment of agent by householder not resident in the Colony. Registrar General may summon householder or tenant, etc. Fines to be recoverable from house-holder in certain cases. [cf. No. 9 of 1911.] Mode of service of summons where personal service cannot be effected. Case of several house-holders. Registration fees. Appointment of chief watchman of district. Appointment of watchmen for district. Rules for 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. Extension of Part V to other places. Power to Governor-in-Council to enclose parts of City. Governor-in-Council may require night passes for Chinese. Governor-in-Council may require lights to be carried by Chinese at night. Issue of annual and special passes. Application for annual or special pass; which may be cancelled; is not transferable; and is granted free. No. 1 of 1888. Fee for duplicate. Quarterly passes. Register. Number to be issued; may be refused; and cancelled. Quarterly pass transferable. Duplicate quarterly pass. Forms of passes. 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. Penalties. Recovery of penalties and compensation. Certified copies and extracts to be received in evidence.
Identifier
https://oelawhk.lib.hku.hk/items/show/839
Edition
1912
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 January 21, 2025, https://oelawhk.lib.hku.hk/items/show/839.
