GAMBLING ORDINANCE, 1891

GAMBLING ORDINANCE, 1891

No. 2 of 1891.

To consolidate and amend the laws realting to Gambling, Com-
mon Gaming Houses, and Lotteries [6th May, 1891.]
1. The Gambling Ordinance, 1891.

2. In this Ordinance--
'Street' shall be deemed to include and extend to any road,
lane, alley, passage, wharf, pier, park, recreation ground, or other
open space whatsoever.
'Place ' means and includes any house, room, office, agency,
boat, vehicle, or vessel, or any erection movable or otherwise, or
any spot on land or water:
'Gambling' applies to and includes lotteries:

Revenue Officers may arrest wothout warrant in respect of offences against the provisions of this Ordinance.
See No. 9 of 1911 s. 72.
As amended by No. 1 of 1909.



'Lottery' includes any game, method, or device whereby money
or money's worth is distributed or allotted in any nianner depending
upon or to be determined by chance or lot or the result of any race or
contest, whether the same is held, drawn, exercised, or managed
within or without the Colony'
Any place in which lottery tickets are sold, procured, or
distributed, or any place in which money or money's worth in
connexion with a loltery is paid or distributed, shall be deemed to
be 'kept for the purpose of a lottery':
'Implemenis or appliances of gambling' include, all articles
which are used in or for the purpose of gambling or a lottery
'Common gaining house' means and includes any place opened,
kept, or used-
(1) for playing therein at any game of chance or any mixed game
of chance and skill-
(a) in which a bank is kept by one or more of the play-
ers exclusively of the other or others; or
(b) in which the chances of the gaine are not alike favourable
to all the players, including among the players the banker or other
person by whom the game is managed or against whom the players
stake, play, or bet; or
(c) in which any commission or percentage is charged in connex-
ion with the ganie, the stakes, or the winnings; or
(2) for the purpose of a lottery or lotteries:
'Keeper' means and includes the occupier or person having the
use temporarily of any common gaming house, or any person having
or appearing to have the care or management of such place, and also
any person who acts in any manner assisting in conducting the busi-
ness of any such place or keeping watch in or about the same.

3. A place which is used as an ordinary social club to which the
public at large have not access shall nevertheless be deemed a
common gaming house if kept or used either for the playing of any
of the games mentioned in (1), or for the purpose mentioned in (2)
in the last section.

4. In case of any complaint made under this Ordinance, it shall
not be necessary to prove that any person found playing at any game
was playing for any money, wager, or stake.

* As amended by 1No. 50 of 1911.





5.-(1) Every person, being the owner of any place, who know-
ingly permits the same to be opened, kept, or used by another
person as a coininon gaining house shall, on summary conviction,
be liable to a fine not exceeding 1,000 dollars : Provided that no
prosecution under this section shall be commenced without the
fact of the Attorney General.
(2) The expression 'owner' as used in this section means and
includes the holder of any tenement direct from the Crown, whe-
ther under lease, licence, or otherwise, or the immediate landlord
of any tenement, or the agent of any such holder or landlord who
is absent or under disability.

G. The keeper of a common raining housc shall, on summary con-
viction, be liable to a fine not exceeding 1,000 dollars, and
imprisoninent: Provided that tlie aggregate term of imprisonment
imposed, whether for default in payinent of the penalty or otherwise,
shall in no case exceed the term of 9 months.
7.-(1) Every person who
(a) plays in a common gaining house, or
(b) buys any lottery ticket;
shall on summary conviction be liable to a fine not exceeding
25 dollars.
(2) Every person who sells or has in his possession with a view
to sale any lottery ticket shall be liable on summary conviction to a
fine not exceeding 1,000 dollars.
(3) Any person found in a common gaming house or found es-
caping therefrom on the occasion of its being entered under this
Ordinance shall be presumed, until the contrary is proved, to be or
to have been playing therein.
(4) Any person foond in possession of any lottery ticket shall be
presumed, utill the contrary is, proved, to have the said ticket in
his possession with a view to sale.

8. Every person who furnishes or advances money for the pur-
pose of gaining in any corninon gaining house or for the purpose
of establishing or conducting a common gaining house or a lottery
shall, on summary conviction, be liable to a fine not exceeding 1,000
dollars.

of 1911 and No. 1 of 1912.
+ As amended bv No. ~0 of 191.1.
As umended ~y No. 4 of 1912,
; As amended by No. 30 ot 1911.





9. Every person who-
(1) declares or exhibits, expressly or otherwise, the winner or
winning number, ticket, lot, figure, design, symbol, or other result
of any lottery; or
(2) writes, prints, or publishes, or cause to be written, printed,
or published, any lottery ticket or list of prizes, or any announce-
ment of the result of a lottery, or any announcement relating to a
lottery ; or
(3) announce's or publishes, or cause to be announced or
published, either orally or by means of any print, writing, design,
sign, or otherwise, that place is opened, kept, or used as
a common gaining hotise,
shall, on summary conviction, be liable to a fine not exceeding 100
dollars, or to imprisonment, without hard labour, for any term not
exceeding 3 months.

10. It shall be lawful for any Justice of the Peace or officer of
police duly authorised by warrant of any Justice of the Peace (which
shall be in the, form in the schedule) with such as may be
necessary, to enter and, if necessary, to break into any place which
such Justice of the Peace, from sworn information or of his own
knowledge, has reasonable grounds to suspect and believe to be a
common gaining house, and to arrest such persons as may be found
therein, and to seize all cards, dice, balls, counters, tables, lottery
tickets, or other implements of gambling or which may be used as
such, and also all moneys or securities for money which may be
either in actual use for the purpose, of gambling or he found upon
the persons of the keepers of such place, and the said implements
of gambling and moneys or securities for money, on conviction of
the offender, shall be forfeited.

11. Where any cards, dice, balls, counters, tables, lottery tickets,
books or other implements of gambling are found in any place
suspected of beirig a coinnion gaining house and entered under a
warrant issued under this Ordinance, or about the person of any of
those who may be found therein, it shall be evidence (until
the contrary is made to appear) that such place is used as a common
gaming house, and that the persons fonnd in the place where such
tables or implements of gambling have been found were playing

As ainencled by No. 30 of 1911.
As amended bY No. 50 of 1911, 'No. 51 of 1911 and No. 1 of l~12,

therein, although no play was actually going on in the presence of
the constable or officer entering the same under a warrant issued
under this Ordinance, or in the presence of any assistants by whom
he may be accompanied as aforesaid; and it shall be lawful for the
Magistrate before whom any person may be taken by virtue of the
warrant to direct all such implements of gambling to be forfeited or
destroyed.

12. Every person who-
(1) wilfully pervents any Justice of the Peace or officer authorised
by warrant under this Ordinance to enter any place from entering
the same or any part thereof ; or
(2) obstructs or delays any such Justice of the Peace or officer
in so entering ; or
(3) by any bolt, bar, chain, or othcr contrivance, secures any
external or internal door of or means of access to any place so
authorised to be entered; or
(4) uses any means or contrivance whatsoever for the purpose of
preventing, obstructing, or delaying the entry of any constable or
officer authorised as aforesaid into any such place or any part
thereof,
shall, on summary conviction, be liable to a fine not exceeding 500
dollars, or to imprisonment for any term not exceeding 6 months.

13. Where any officer of police atithorised under section 10 to
enter any place is wilfully prevented from or obstructed or delayed
in entering the same or any part thereof, or where any external or
internal door of or means of access to any such place so authorised to
be entered is found to be fitted or provided with any bolt, bar, chain,
or any means or contrivance for the purpose of preventing, delaying,
or obstructing the entry into the same or any part thereof of any
constable or officer authorised as aforesaid, or for giving an alarm
in case of such entry, or if any such place is found to be fitted or
provided with any means or contrivance for or with any
means or contrivance for concealing, removing, or destroying any
implements of gambling, it shall be evidence (until the contrary is
made to appear) that such place is a common gaming house within
the meaniny of this Ordinance, and that the persons found therein
wore unlawfully gaming therein.

As ainended bY Xo. 30 of 1911 i~nd No. 1 of 1912.
As aiiioiideel by No. 51 of 1911.





It shall be lawful for any Magistrafe before whom any
persons are bronglit who have. been found in any place entered in
pursuance of section 10 to requeire any of such peusons to be
examined upon oath and give evidence touching any gaming in any
such place or touching any act done for the purpose of preventing,
obstructing, or delaying the entry into such place or any part thereof
of any constable or officer authorised as aforesaid; and no person so
required to be examined as a witness shall bc excrised from being
so examined when brought before such Magistrite, or from being
at any subsequent time by or before the same or any other
Magistrate or any Court on any proceeding, or the trial of any
indictment, information, action or suit in anywise relating to such
unlawful gaming or any such acts as aforesaid, or from answering
any question put to him, touching the matters aforesaid, on the
ground that his evidencewill tend to criminate himself.

(2) Any such person so required to be examined as a witness who
refuses to make oath accordingly, or to answer any such question
as aforesaid, shall be, subJect to be dealt with in all respects as any
person appearing as a witness before any Magistrate or Court in
obedience to a summons or subpoena, and refusing, witbout, lawful
cause or exciise, to be sworn or to give evidence, may be dealt with
according to law.

15.-(1) Every person so required to be examined as a witness
as aforesaid who, on such examination, makes true and faithful
discovery to the best of his hnowledge of all things as to which he
is so examined shall, if the Magistrate or Judge by whom be is ex-
amined is satisfied that such true and faithful discovery has been
made, receive from such Magistrate or Judge a certificate in writing
under his hand to tbat effect, and shall be freed from all criminal
prosecutions and penal actions, and from all penalties, forfeitures,
and raillishnients tohe, iiia,y have beconic, liable for any-
thing done before that time in respect of the matters touching
which he has been so examined.
(2) If any action, indictment, or information is at any time
pending in any Court against any person so examined in respect of
any act of gambling touching which he was so examined, and if
any action, indictment, or information is at any time pending in
any Court against any person so examined as a witness in manner

As by No. 2 of 1912.
As amwided by No. 1 o~ 1912 and No. 2 of 1912.





before mentioned, for any such matter or thing, such Court shall,
on the production and proof of such certificate, stay the proceedings
in such action, indictment, or information, and may award to such
person such costs as he may have been put to by such action, indict-
ment, or information.

16. Any person found gambling in the street or acting as watch
man to streets gamblers shall, on summary conviction, be liable to
a fine not exceeding 25 dollars, or to imprisonment for any term not
exceeding 2 months.

17. Where any persons are found gambling in the street all
implements of gambling, and also all money in actual use, for the,
purpose of gambling or found in the possession of such persons, may
be forfeited by the Magistrate.

[s. 18, rep. No. 9 of 1912 s. 13.]

19. Any male person convicted of an offence under this Ordinance
who may appear to be of such tender years as to require punishment
rather in the way of school discipline than of ordinary criminial
justice may, in lieu of any other punishment hereby provided, be
sentenced to be whipped.

SCHEDULE. [s.10.]

FOUM OF WARRANT.
HONGKONG.
To each and all of the Constables the said Colony.

WHEREAS it appears to me A.B., one of the Justices of the Peace for the said Colony
of my own knowledge, [or by the information upon oath of C.D., of ] that
the Place [here insert description of the place] is kept or used us a common gaining
house, within the meaning of the Gambling Ordinance, 1891 : This is, tberefore, to
require you, with such assistance as may be necessary, to enter and, if necessary, to
break into the said place, and to arrest all such persons as may be found therein,
and to Seize all cards, dice, balls, counters, tables, lottery tickets, and other imple-
ments of gambling or which may be used as such and also all moneys or securities
for money which may be either in actual use for the purpose of gambling or be found
upon the persons of the keepers of such place, and the said implements of gambling
and moneys or securities for money to bring before a Magistrate, to be dealt with
according to the Ordinance; and for so doing this shall be your warrant.

Given under my hand and seal at Victoria, in the said Colony this day of
' 19 .

[L.S.] (Signed.) A.B., J.P.

As iiiiioii(led hy No. 30 of 1911.
As arnended bY No. 1 of 1912.

Short title. Interpretation of terms. Club used as gaming house. Proof of gaming for money not necessary. [8 & 9 Vict.c. 109 s. 5.] Penalty on owner of place permitting same to be used as common gaming house. [17 & 18 Vict c. 38 s. 4.] Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and person. Evidence of gaming. [8 & 9 Vict.c. 109 s. 8.] Penalty on person obstructing entry of justice, etc. [17 & 18 Vict.c. 38 s.1.] Obstructing entry of constable to be evidence of house being used as common gaming house. [ib.s.2.] Power to Magistrate to require person apprehended to be sworn and give evidence. [17 & 18 Vict.c. 38 s. 5.] Person required to be examined as witness and making full discovery to be free from all penalties. [ib.s.6.] Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

Short title. Interpretation of terms. Club used as gaming house. Proof of gaming for money not necessary. [8 & 9 Vict.c. 109 s. 5.] Penalty on owner of place permitting same to be used as common gaming house. [17 & 18 Vict c. 38 s. 4.] Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and person. Evidence of gaming. [8 & 9 Vict.c. 109 s. 8.] Penalty on person obstructing entry of justice, etc. [17 & 18 Vict.c. 38 s.1.] Obstructing entry of constable to be evidence of house being used as common gaming house. [ib.s.2.] Power to Magistrate to require person apprehended to be sworn and give evidence. [17 & 18 Vict.c. 38 s. 5.] Person required to be examined as witness and making full discovery to be free from all penalties. [ib.s.6.] Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

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