VAGRANCY ORDINANCE, 1897

VAGRANCY ORDINANCE, 1897

No. 9 of 1897.

To amend the law relating to VagranIs. [22nd Nov., 1897]

1. The Vagrancy Ordinance, 1897.

2. In this Ordinance,-
'Vagrant' means any person, other than a Chinese, found asking
for alms or being without either employment or visible means of
subsistence;
'Agent' of a vessel includes any, person who undertakes the
agency of such vessel, although lie may not be the consignee thereof.

3-(1) The Governor may provide a House of Detention for
vagrants and may appoint a Superintendent thereof and other
officers and may remove them at pleasure.
(2) The Governor may, by notification certify any building or
part of a building to be a House of Detention.
(3) Until such house is provided, Victoria Goal may be used as
such house for the purposes of this Ordinance.

4.-(1) Every House of Detention shall be under the immediate
charge of the Superintendent.
(2) Until any other appointment is made, the Superintendent
Df Victoria Goal shall be the Superintendent of the House of
Detention.

An airionded by No. r50 of 11)11.
As aniciided by No. 1 of 1912 ttnd No. 2 of 10A.
5. Any police officer may require any person who is apparently
a vagrant to accompany him or any other police officer to, and to
appear before, a Magistrate.
6. The Magistrate shall, in such case or in any other Case, where
a person apparently a vagrant comes before him, make a summary
inquiry into his circumstances and, if satisfied that he is a vagrant,
shall declare him to be such, adding, where practicable, any prior
date from which, in his opinion, such person has, in this Colony,
been a vagrant.

7. If the Magistrate is further of opinion that such vagrant is
not likely to obtain employment at once, or if he has reason to
believe that a declaration of vagrancy has on any former occasion
ben recorded in respect of such vagrain, he, shall require him to go
to a House of Detention, and shall draw up an order to that effect.

8. Such vagrant shall then be placed in charge of the police and
the said order shall be a sufficient authority to the police for retain-
ing him in their charge while he is on his way to the House of
Detention, and to the Superintendent. for receiving and detaining
him.

9.-(1) Where the Magistrate dealing with such vagrant is of
opinion that lie is likely to obtain employment in the Colony, he
may forward him in charge of the police to the place where such
employment is likely to be obtained, and shall draw up an order to
that effect.
(2) Such order shall be a sufficient authority to the police for
retaining the vagrant in their charge while he is on his way to such
place of employment, and afterwards, in case he does not succeed
in obtaining such employment.
10.-(1) The Magistrate with any vagrant shall, to the
best of his ability, assist, him in seeking employment, and may in
the meantime keep such vagrant in charge of the police.
(2) If the vagrant fails to obtain suitable employment within a
reasonable time, not exceeding at the most 7 days, the Magistrate
shall forward hlin to a House of Detention, as provided in section 7.
[S, 11, rep. NO. 12 of 1905, s.2.]

As amended h 1
y \,o. 1 of 1912, No. 2 of 1912 and No. 48 of 1912
Supp. Selled.
As amended by No. 2 of 1912.
As by No. 1 of 1912.





12. Every vagrant detained in a House of Detention shall be
allowed the same scale of diet as is allowed to adult prisoners who
have completed the first 7 days of their imprisonment.

13. Every vagrant admitted to a House of Detention shall be
subject to the same regulations as are prisoners in gaol with respect
to-
(a) search of his person, clothing, and effects;
(b) custody of his clothing and effects;
(c) the wearing of a distinctive dress
(d) personal cleanliness; and
(e) hours, meals, labour, and general conduct
Provided always that such regulations may be modified in relation
to vagrants by regulations approved by the Governor-in-Council,
and further, that any money or effects of any vagrant may be
applied towards the expense of carrying this Ordinance into execu-
tion for his benefit.

14. Any vagrant who knowingly disobeys any regulation shall be
liable to the same punishment as if he were a misdemeanant in gaol.

15. The Superintendent shall forward weekly to the Harbour
Master a list of such vagrants under his charge as are seamen, and
shall otherwise use his best endeavours to obtain suitable employ-
ment outside such house for the vagrants admitted thereto.

16. When such employment is obtained, any vagrant who refuses
or neglects to avail himself thereof shall, on summary conviction, be
liable to imprisonment for any term not exceeding one month.

17. Any vagrant or other person, other than a Chinese, may be
allowed to enter into an argeement in writing with the Colonial
Secretary, binding biniself to embark on board such ship and at
such time as the Superintendent may direct, for the purpose of being
removed from the Colony at the expense of the Government, to
remain on board until such ship has arrived at the port named in
such agreement, and not to return to the Colony within 5 years.

As amended by No. 2 of 1905 and No. 1 of 1912.
As aniended by No. 2 of 1905, No. 1 of 1912 and No. 2 of 1912.
As ainended by No. 1 of 1912.
As atnended by No. 30 of 1911 and No. 21 of 1912.
As amended by No. 1 of 1912 and No. 21 of 191,2,





18. Every such agreement may be on unstamped paper, and shall
be in the form in the schedule or as near thereto as may be.

19. The cost of the removal from the Colony of any vagrant under
this Ordinance shall be defrayed by the Government, subject to the
provisions hereinafter contained for its refund.

20.-(1) When a vagraat lias entered into such agreement, unless,
in the opinion of the Superintendent, suitable employment for him
is likely to be speedily found, the Superintendent may enforce such
agreement and cause such vagrant to be removed from the Colony,
and, if he deems it desirable, may call in the assistance of the police
to place such vagrant on board ship, and he may be detained on
board and shall be deeined in lawful custody while the ship is within
the waters of the Colony.
(2) If, after the lapse of a reasonable time, no suitable employ-
ment is obtainable for a vagrant detained in the House of Detention
and he has not entered into the agreement hereinbefore mentioned,
or it is not thought desirable to remove him from the Colony, the
Superintendent may cause sections 26 and 29 to be read to such
vagrant and may then release him.

21-(1) Whenever any person, not being a Chinese, arrives in
the Colony, under an engagelrient. to serve any person, firm, com-
pany, assoclation, or body of persons, in any capacity; and
(2) whenever a non-commissioned officer or soldier in His
Majesty's army leaves the army in the Colony, under such an
engagement; and
(3) whenever any seaman, other than a Chinese, is discharged
from his ship in the Colony, without the sanction of the Superin-
tendent of the Mercantile Marine Office or his Deputy, and without
reasonable provision having been made as to his subsistence, or, not
being a deserter, is wrongfully left behind in the Colony,
and within 6 months from the date of such arrival, leaving the army,
or discharge, such person, iion-coiii-iiission.ed officer or soldier, or
seaman respectively becomes chargeable to the Colony as a vagrant,
then, in cases within sub-sections (1) and (2), the person, firm, com-
pany, association, or body of persons with whom such engagement
was made, and, in cases within sub-section (3), the master of the

* As arnended by No~ 50 of 1911.
+ As amended by No, 1 of 1912 and No. 2 of 1912,
J As awelided by No. 51 of 1911 and No. 1 of 1912.





ship from which such seaman has been so discharged or by whom
he has been so left behind, shall respectively be liable to repay to
the Government all costs and charges incurred on his behalf since
he became a vagrant, including hospital costs and charges and the
cost of his removal under this Ordinance. Such person shall be
deemed to have become a vagrant at and from the date mentioned
in the Magistrate's declaration as that from which, in his opinion,
such person has been a vagrant.

22. The master of any ship, British or foreign, which brings into
the Colony any person, other tban a Chinese wid not having been
shipwrecked, who within 2 months from the time of his arrival be-
comes chargeable to the Colony as a vagrant shall be liable to repay
to the Government all costs and charges incurred on behalf of the
said person, unless it be proved, to the satisfaction of the Court, that
the said person, at the time of his arrival, either was under an
engagement as provided in the last section, or was possessed of not
less than 50 dollars: Provided that where the person so brought
into the Colony, came as a stowaway, the inaster shall incur no such
liability if such stowaway is promptly harided over to the police on
the arrival of the ship and is duly proseculed under any Ordinance
relating to stowaways or any other enactinent applying to the case,
and no money or compensation in respect of such person's passage
is paid or received.

23. In the absence of the master of a ship, or if such master
departs from the Colony before repaying such costs and charges as
are mentioned in the last two sections, the owner, agent, and con-
signee of such ship at the time the person landed, or, in the case
of a seaman discharged or left behind, at the tin-ie of such discharge
or of his being so left behind, shall be liable, to repay such costs, and
charges to the Government.

24. Such costs and charges shall be recoverable by action as if an
express agreement to repay them bad been entered into with the
Colonial Secretary by the person, firm, company, association, body,
master, owner, agent, or consignee chargeable.
25.-(1) In any proceeding under this Ordinance, a certified copy
of the declaration of the Magistrate shall be prima facie evidence

A~ 1, No, 2 orNo. 50 of 191 1, No. 1 0[ 1912 mid
No. 2 of 1912.
As ainended 1w No. 50 of 1911.
As amended ~y No. 1 of 1912.





that the person therein referred to was a vagrant from the date of
such declaration, and also from any earlier date in such declaration
mentioned as that from which, in the Magistrate's opinion, such,
person has been a vagrant.
(2) As regards costs and charges incurred by the Colony on behalf
of a destitute person or of a vagrant, the following documents shall
be prima facie evidence that they have been incurred:-
(a) as regards hospital charges, a written statement signed or
purporting to be signed by the Principal Civil Medical Officer; and,
(b) as regards other costs and charges, including those of removal,
if any, a written statement thereof signed or purporting to be signed
by the Colonial Secretary.

26. Any person, being apparently a vagrant, who refuses or fails
to accompany a police officer to or to appear before a Magistrate
when required to do so for the purposes of this Ordinance may be
arrested without warrant, and shall, on summary Conviction, be
liable to imprisonment for any term not exceeding one month.

27. Any vagrant who escapes from the police whilst committed
to their charge under this Ordinance, or who leaves a House of
Detention without permission from the Superintendent, or who,
having with such permission left a House of Detention for a limited
time or a specified purpose, fails to return on the expiration of such
time or when such purpose has been accomplished, or proves to be
impracticable, shall, on summary conviction, be liable to imprison-
ment for any term not exceeding 3 months.

28. Every person who enters into an agreement under section 17
and wilfully violates that agreement in any respect shall, on sum-
mary conviction, be liable to imprisonment for any term not
exceeding 3 mouths.

29. Every person who asks for alms in a threatening or insolent
manner, or continues to ask for alms of any person after he has been
required to desist, shall, on summary conviction, be liable to
imprisonment for any term not exceeding 3 months.

30. The Governor-in-Council may make rules for the guidance of
officers in matters connected with this Ordinance.

As amended by No, 30 of 1911 and No. 21 of 1912.
As amended by No. 60 of 191-1, No. 1 of 1912 and No. 2 of 1912.
SCHEDULE. [s. 18.]
Form op AGnEnMENT To LEAVE T11E COLONY.
ARTICLES OF AREEGMENT made this day of 19 , between
the Colonial Secietary of Hongkong of the one part and A.B., of etc., [the vagrant] of
the other part: Each of the parties hereto (so far as relates to the nets on his own
part to be performed) hereby ajoes with the other of them as follows :-
1. The said A.B. shall embark on board such ship, and at such time, as the
Superintendent of the House of Detention shall direct.
2. The said A.B. shall remain on board such ship until such ship shall have
arrived at the port of*
3. The. said A.B. shall not return to Hongkong until five years shall have
elapsed from the date of such embarkation, unless he shall be specially
permitted to return by the Governor of Hongkong.
4. The said Colonial Secretary of Hongkong shall contract with the owner of
such ship or his agent, for the passage of the said A.B. on board such
ship,and for his subsistence during the voyage for which he shall
embark as aforesaid.
In witness whereof the said Colonial Secretary of Hongkong and the said A.B.
have hereunto set their hands the day and year first above written.

(Signed.) Colonial Secretary.
A.B.

* Here insert the port to which the, person agrees to go.

Short title. Interpretation of terms. Provision of House of Detention, and appointment of officers thereof. Superintendent of House of Detention. Taking of vagrant before Magistrate. Power to Magistrate to declare person to be vagrant. Committal of vagrant to House of Detention. Power to detain vagrant on order of committal. Power to Magistrate to forward vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment of vagrant for misconduct. Weekly list of seamen vagrants to be sent to Harbour Master. Penalty on vagrant for refusing employment. Agreement by vagrant or other person to leave the Colony. Form of agreement. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. Cf. No. 5 of 1903. Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidence in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person asking alms in threatening manner, etc. Rules.

Short title. Interpretation of terms. Provision of House of Detention, and appointment of officers thereof. Superintendent of House of Detention. Taking of vagrant before Magistrate. Power to Magistrate to declare person to be vagrant. Committal of vagrant to House of Detention. Power to detain vagrant on order of committal. Power to Magistrate to forward vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment of vagrant for misconduct. Weekly list of seamen vagrants to be sent to Harbour Master. Penalty on vagrant for refusing employment. Agreement by vagrant or other person to leave the Colony. Form of agreement. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. Cf. No. 5 of 1903. Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidence in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person asking alms in threatening manner, etc. Rules.

https://oelawhk.lib.hku.hk/items/show/891

1912

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