NEUTRALITY ORDINANCE
Title
NEUTRALITY ORDINANCE
Description
Neutrality.
No. 1 of 1855.
An Ordinance to enforce neutrality dining the contest now caistina in
China.
15th January, 1855.
WHEREAS it is necessary that strict neutrality be maintained by all
residents
within the Colony of Hongkong between the different parties at present
con-
tending for dominion in the Empire of China, and existing legislation
does not snfll.
ciently provide for the punishment of those who shall violate such
neutrality-:-
1. Be it therefore enacted and ordained by His Excellency the Governor of
v,(aatce,lornelt-
trality, v misde=.. .
Hon0gkong, with the advice of the Legislative Council thereof, with
regard to all per. meannlr.
;sons resident within .tile Colony of Hongkong, that it shall be a
misdemeanour
_punishable by not more than two years' imprisonment and by a fine not
exceeding five
292
Ctmstitntion of
adjudicating Cri-
bnlinl.
['' See C7d. No. Q
n/ 1842.)
No appeal.
ArmediCbineae
vegsels, removal
or,
1fWnuEnctdro of
911118, enllilt111,
rsnnpnwcter, Sc.
In the Colony,
proliftilted train
lot 1'ebruni'y5
leafs.
Sale of arms and
nnnnnnition to
require a permit.
Exception.
Tern,it dtovr ob-
tniueli, and na-
ture 7brrcoP.
European dun.
irn,rller antler
bibs. excepted.
ORDINANCE \o. 1 of 1855.
Neutrality.
thousand dollars (such punishment to be accumulative or not at the
discretion of the-
adjudicating tribunal) for any person resident within the Colony of
Hongkong to
assist either the existing Chinese Government or any of the different
factious at pre-.:
sent engaged ox who may be hereafter engaged in opposition to the said
Government
by personal enlistment in war service or by procuring other persons to
enlist in such,.
service or by furnishing, selling, or procuring warlike stores of any
description or by: out vessels, or by knowingly and purposely doing guy
other act to assist either -
party by which neutrality may be violated.
2. And be it further enacted and ordained, that the tribunal for
adjudicating On,, -
offences of the description intended to be dealt with by this Ordinance
shall be Com-
posed of the * Chief Magistrate and two other Magistrates, and that there
shall be no-appeal whatsoever either by certiorari or otherwise from the
decision of such tribunal.
3. And be it further enacted and ordained, that if any armed vessel
whatsoever;
carrying any Chinese flag be found within any of the waters of this
Colony and such
vessel shall not depart therefrom within twenty-four hours after a notice
to depart froze
these waters, signed by the Colonial Secretary, has been served on board
thereof, such
vessel shall, with everything found on board of it, be seized and sold or
made forfeit tb,-
the Crown on due condemnation by the said Magistrates.
4. And be it further enacted and ordained, that from and after the first
day.:of--
February no person shall within Hongkong and its dependencies or the
waters thereof
manufacture any gun, cannon or other machine which can be used for the
discharge
of a,mmuuition, or any shot or any gunpowder or other explosive substance
of the
nature of gunpowder or capable of being employed in discharging cannon,
or any stink
pots or any composition of the same or similar nature as that whereof
stink pots are,.
composed, under penalty, upon conviction of a breach of any part of this
section, to-
imprisonment for a term not exceeding twelve calendar months and of a
fine not ex-..-
ceeding five hundred dollars, such penalties to be accumulative or not at
the discretion
of the adjudicating tribunal.
g. And be it further enacted and ordained, that no person shall, within
Hong-.
kung and its dependencies or the waters thereof, sell, barter or
willingly part with the:
possession, under guy excuse whatsoever, of ally gun, cannon or other
instrument
which can be used for the discharge of ammunition (excepting always
European fowl-.-
iug pieces and pistols of every description whatever) or any shot or any
gunpowder,
-
or other explosive substance of the nature of gunpowder or capable of
being employed
in the same manner as gunpowder, without having previously obtained, in
each,par-
titular instance, a permit in writing from the Chief Magistrate or any
two Justices, of-
the Peace, and such permit shall state the nature o£ the transaction and
the person-to%
whom the property is to be transferred. Provided always, that the
necessity for such
permit shall not extend to European gunpowder in quantities not exceeding
five pounds
at one time on any one day, and that any person convicted of a breach
under ttiis_-
section shall be liable to a fine not exceeding one thousand dollars or
to imprisonment: -
for a term not exceeding twelve months.
ORDINANCE No. 1 of 1855.
Neutrality.
6. And be it further enacted and ordained, that if any Magistrate or the
Chief or re,cr co qe>ztro
Assistant Superintendent of Police shall have reasonable cause to suspect
that any of sasPected places..
the different articles whose manufacture is prohibited by this Ordinance,
are in process
of manufacture in any house or place, it shall be lawful 'for any or
either of such officers
to direct any constable to cause any such house or place to be entered
and searched at
any hour of day or night, and such Magistrate or Chief or Assistant
Superintendent of
Police may empower such constable to use force for effecting such entry,
whether by Disposal et'nn-
ticles found.
breaking open doors or otherwise, and if upon search thereupon made, any
such unlawful
manufacture shall be found to exist, then to convey the articles in
course of manufac-
lure before a Magistrate, or place them in safekeeping, and to apprehend
all persons
found in the place where such seizure was made, and that, upon a
conviction had, the
illegal articles found be forfeited to the Crown, and the occupant or
person having the
control of such house or place shall be liable to a fine not exceeding
one thousand penalty.
dollars and to imprisonment for a term not exceeding twelve months.
7. And be it further enacted and ordained, that all fines inflicted under
this Or- Disposal Ana ~-e-
dinance shall be paid into the office of the Colonial Treasurer and shall
be recoverable
in a summary manner according to the provisions of Ordinance No. 10 of
1844, inti-
tuled 'An Ordinance to regulate summary proceedings before Justices of
the Peace,
and to protect Justices in-the execution of their office.'
$. And be it further enacted and ordained, that nothing in this Ordinance
con-. Government
storey excepted..
twined shall be held to extend to Government Naval or Military stores.
9. And be it further enacted and ordained, that this Ordinance continue
in force imrntsett of Or---
-
until the first day of January, 1856. atnuukev.
cuvvrp of flees.
(Continued in,force by Ordinance No. 1 of 18a6iwztilJazzzsarr/ 1st, 1857.
Sections
3 to 8 inclusive revived and made perpetual by Ordinance No. 9 of 1857.
All repealed
hg Ordinances .'Vo. 8 of 1882 and 14'0. 4 of 1887.]
291
Title.
Preamble.
Violation of neutrality, a misdemeanour.
Penalty. Constitution of adjudicating tribanal. [* See Ord. No. 6 of 1862.]
No appeal.
Armed Chinese vessels, removal of.
Manufacture of guns, cannon, gunpowder, &c. in the Colony, prohibited from 1st February, 1855.
Penalty.
Sale of arms and ammunition to require a permit.
Exception.
Permit how obtained, and nature thereof.
European gunpoeder under 5lbs. excepted.
Penalty. 293
Power to search suspected places.
Disposal of articles found.
Penalty.
Disposal and recovery of fines.
Government stones excepted.
Duration of Ordinance.
No. 1 of 1855.
An Ordinance to enforce neutrality dining the contest now caistina in
China.
15th January, 1855.
WHEREAS it is necessary that strict neutrality be maintained by all
residents
within the Colony of Hongkong between the different parties at present
con-
tending for dominion in the Empire of China, and existing legislation
does not snfll.
ciently provide for the punishment of those who shall violate such
neutrality-:-
1. Be it therefore enacted and ordained by His Excellency the Governor of
v,(aatce,lornelt-
trality, v misde=.. .
Hon0gkong, with the advice of the Legislative Council thereof, with
regard to all per. meannlr.
;sons resident within .tile Colony of Hongkong, that it shall be a
misdemeanour
_punishable by not more than two years' imprisonment and by a fine not
exceeding five
292
Ctmstitntion of
adjudicating Cri-
bnlinl.
['' See C7d. No. Q
n/ 1842.)
No appeal.
ArmediCbineae
vegsels, removal
or,
1fWnuEnctdro of
911118, enllilt111,
rsnnpnwcter, Sc.
In the Colony,
proliftilted train
lot 1'ebruni'y5
leafs.
Sale of arms and
nnnnnnition to
require a permit.
Exception.
Tern,it dtovr ob-
tniueli, and na-
ture 7brrcoP.
European dun.
irn,rller antler
bibs. excepted.
ORDINANCE \o. 1 of 1855.
Neutrality.
thousand dollars (such punishment to be accumulative or not at the
discretion of the-
adjudicating tribunal) for any person resident within the Colony of
Hongkong to
assist either the existing Chinese Government or any of the different
factious at pre-.:
sent engaged ox who may be hereafter engaged in opposition to the said
Government
by personal enlistment in war service or by procuring other persons to
enlist in such,.
service or by furnishing, selling, or procuring warlike stores of any
description or by: out vessels, or by knowingly and purposely doing guy
other act to assist either -
party by which neutrality may be violated.
2. And be it further enacted and ordained, that the tribunal for
adjudicating On,, -
offences of the description intended to be dealt with by this Ordinance
shall be Com-
posed of the * Chief Magistrate and two other Magistrates, and that there
shall be no-appeal whatsoever either by certiorari or otherwise from the
decision of such tribunal.
3. And be it further enacted and ordained, that if any armed vessel
whatsoever;
carrying any Chinese flag be found within any of the waters of this
Colony and such
vessel shall not depart therefrom within twenty-four hours after a notice
to depart froze
these waters, signed by the Colonial Secretary, has been served on board
thereof, such
vessel shall, with everything found on board of it, be seized and sold or
made forfeit tb,-
the Crown on due condemnation by the said Magistrates.
4. And be it further enacted and ordained, that from and after the first
day.:of--
February no person shall within Hongkong and its dependencies or the
waters thereof
manufacture any gun, cannon or other machine which can be used for the
discharge
of a,mmuuition, or any shot or any gunpowder or other explosive substance
of the
nature of gunpowder or capable of being employed in discharging cannon,
or any stink
pots or any composition of the same or similar nature as that whereof
stink pots are,.
composed, under penalty, upon conviction of a breach of any part of this
section, to-
imprisonment for a term not exceeding twelve calendar months and of a
fine not ex-..-
ceeding five hundred dollars, such penalties to be accumulative or not at
the discretion
of the adjudicating tribunal.
g. And be it further enacted and ordained, that no person shall, within
Hong-.
kung and its dependencies or the waters thereof, sell, barter or
willingly part with the:
possession, under guy excuse whatsoever, of ally gun, cannon or other
instrument
which can be used for the discharge of ammunition (excepting always
European fowl-.-
iug pieces and pistols of every description whatever) or any shot or any
gunpowder,
-
or other explosive substance of the nature of gunpowder or capable of
being employed
in the same manner as gunpowder, without having previously obtained, in
each,par-
titular instance, a permit in writing from the Chief Magistrate or any
two Justices, of-
the Peace, and such permit shall state the nature o£ the transaction and
the person-to%
whom the property is to be transferred. Provided always, that the
necessity for such
permit shall not extend to European gunpowder in quantities not exceeding
five pounds
at one time on any one day, and that any person convicted of a breach
under ttiis_-
section shall be liable to a fine not exceeding one thousand dollars or
to imprisonment: -
for a term not exceeding twelve months.
ORDINANCE No. 1 of 1855.
Neutrality.
6. And be it further enacted and ordained, that if any Magistrate or the
Chief or re,cr co qe>ztro
Assistant Superintendent of Police shall have reasonable cause to suspect
that any of sasPected places..
the different articles whose manufacture is prohibited by this Ordinance,
are in process
of manufacture in any house or place, it shall be lawful 'for any or
either of such officers
to direct any constable to cause any such house or place to be entered
and searched at
any hour of day or night, and such Magistrate or Chief or Assistant
Superintendent of
Police may empower such constable to use force for effecting such entry,
whether by Disposal et'nn-
ticles found.
breaking open doors or otherwise, and if upon search thereupon made, any
such unlawful
manufacture shall be found to exist, then to convey the articles in
course of manufac-
lure before a Magistrate, or place them in safekeeping, and to apprehend
all persons
found in the place where such seizure was made, and that, upon a
conviction had, the
illegal articles found be forfeited to the Crown, and the occupant or
person having the
control of such house or place shall be liable to a fine not exceeding
one thousand penalty.
dollars and to imprisonment for a term not exceeding twelve months.
7. And be it further enacted and ordained, that all fines inflicted under
this Or- Disposal Ana ~-e-
dinance shall be paid into the office of the Colonial Treasurer and shall
be recoverable
in a summary manner according to the provisions of Ordinance No. 10 of
1844, inti-
tuled 'An Ordinance to regulate summary proceedings before Justices of
the Peace,
and to protect Justices in-the execution of their office.'
$. And be it further enacted and ordained, that nothing in this Ordinance
con-. Government
storey excepted..
twined shall be held to extend to Government Naval or Military stores.
9. And be it further enacted and ordained, that this Ordinance continue
in force imrntsett of Or---
-
until the first day of January, 1856. atnuukev.
cuvvrp of flees.
(Continued in,force by Ordinance No. 1 of 18a6iwztilJazzzsarr/ 1st, 1857.
Sections
3 to 8 inclusive revived and made perpetual by Ordinance No. 9 of 1857.
All repealed
hg Ordinances .'Vo. 8 of 1882 and 14'0. 4 of 1887.]
291
Title.
Preamble.
Violation of neutrality, a misdemeanour.
Penalty. Constitution of adjudicating tribanal. [* See Ord. No. 6 of 1862.]
No appeal.
Armed Chinese vessels, removal of.
Manufacture of guns, cannon, gunpowder, &c. in the Colony, prohibited from 1st February, 1855.
Penalty.
Sale of arms and ammunition to require a permit.
Exception.
Permit how obtained, and nature thereof.
European gunpoeder under 5lbs. excepted.
Penalty. 293
Power to search suspected places.
Disposal of articles found.
Penalty.
Disposal and recovery of fines.
Government stones excepted.
Duration of Ordinance.
Abstract
291
Title.
Preamble.
Violation of neutrality, a misdemeanour.
Penalty. Constitution of adjudicating tribanal. [* See Ord. No. 6 of 1862.]
No appeal.
Armed Chinese vessels, removal of.
Manufacture of guns, cannon, gunpowder, &c. in the Colony, prohibited from 1st February, 1855.
Penalty.
Sale of arms and ammunition to require a permit.
Exception.
Permit how obtained, and nature thereof.
European gunpoeder under 5lbs. excepted.
Penalty. 293
Power to search suspected places.
Disposal of articles found.
Penalty.
Disposal and recovery of fines.
Government stones excepted.
Duration of Ordinance.
Title.
Preamble.
Violation of neutrality, a misdemeanour.
Penalty. Constitution of adjudicating tribanal. [* See Ord. No. 6 of 1862.]
No appeal.
Armed Chinese vessels, removal of.
Manufacture of guns, cannon, gunpowder, &c. in the Colony, prohibited from 1st February, 1855.
Penalty.
Sale of arms and ammunition to require a permit.
Exception.
Permit how obtained, and nature thereof.
European gunpoeder under 5lbs. excepted.
Penalty. 293
Power to search suspected places.
Disposal of articles found.
Penalty.
Disposal and recovery of fines.
Government stones excepted.
Duration of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/86
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 1 of 1855
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“NEUTRALITY ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/86.
