SMALL TENEMENTS RECOVERY ORDINANCE, 1897
Title
SMALL TENEMENTS RECOVERY ORDINANCE, 1897
Description
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.
3-(1) When and so soon as the term or interest of the tenant of
any house, land, or other preinises, held by him at will or for any
term not exceeding 7 years, either without being liable to the pay-
ment of any rent or at a rent not exceeding the rate of 20 dollars
a month or 240 dollars a year, and upon which no fine has been
reserved or made payable, has ended or has been duly determined
by a legal notice to quit or otherwise, and such tenant, or (if such
tenant does not actually occupy the premises or only occupies a part
thereof) any person by whom the same or any part thereof is then
actually occupied, notwithstanding that demand for possession has
been made, refuses or neglects to quit and deliver up Possession of
the premises or of sitch part thereof respectively, it shall be lawful
for a Magistrate, on a complaint being made to him, to issue a
summons requiring the person against whoin siich complaint has
been made to appear at a certain time and place before such Magis-
trate to answer such complaint and to show cause why he should
not, quit and deliver up possession of the said premises.
(2) Such complaint and summons may be in forms 1 and 2
respectively in the schedule.
4. Any such summons may be served either personally or by
leaving the same with some person being in and apparently residing
at the place of abode of the defendant: Provided that if the
defendant cannot be found, and the place of abode of the defendant
is not known or admission thereto cannot be obtained for serving
the summons, the posting tip of the summons on some conspicuous
part of the prernises shall be deemed to be good service on such
person.
5.-(1) If the person so served with a sumons does not appear
before the Magistrate at the time and place mentioned in the
summons, or fails to show cause why he should not quit and deliver
up, possession of the premises, it shall be lawful for the Magistrate
to issue his warrant to any constable, commanding him to enter (by
force, if needful) into the premises, and give possession of the same
to the owner thereof or his agent: Provided always that entry,
upon any such warrant, shall not be made at any timc except
between 9 am and 5 pm.: Provided, also, that nothing herein
contained shall be deemed, to protect any person on whose applica-
As ameuded 1,y '.`,'o. 50 of 1911.
As arnended by No. 2 of 1912.
As aniended by N2o. 50 of 1911, No. 51 of 1911, 'I'~o. 1 of 1912 and
No. 21 of 1912.
tion any such warrant may be granted from any action which may
be brought against him by any such tenant or occupier for and in
respect of such entry and taking possession, where such person had
not, at the time, of granting the same, right to the possession
of the said premises.
(2) The warrant may be in form 3 in the schedule.
6. When any person by whom any illegal encroachment or in-
closure has been made upon the land of another person, not
exceeding in value 20 dollars a month or 240 dollars a year, refuses
or neglect, upon demand made, to quit and deliver up possession
of the same, or any part thereof, to the owner of such land or his
agent, the possession thereof may be recovered by such owner or
agent under the provisions of this Ordinance, in like manner as if
the occupier of such encroachment or inclousure were, the tenant of
any premises the possession of which is recoverable under this Ordi-
nance, whose term or interest had ended.
7. In every ease in which the person on whose application, or on
behalf of whom, any such warrant is granted had not, at the time
of granting the same, lawful right to the possession of the premises,
the obtaining of any such warrant as aforesaid shall be deemed a
trespass by him against the tenant or occupier of the premises,
althogh no entry may be made, by virtue of the warrant; and, in
case, any such tenant or occupier will become bound with two
suraties as hereinafter provided, to be approved of by the Magistrate,
in such sum as to him may seem reasonable (regard being had to
the value of the premises and to the probable costs of an action),
to sue the person. on whose application, or on behalf of whom, such
warrant was granted, with effect and without delay, and to pay all
the costs of the proceedings in such action in case Judgment shall
pass for the defendant of the plaintiff shall discontinue or not pro
secute his action or become monsuit therein, execution of the
action; and if, on the trial of such action, judgment passes for the
plaintiff, such judgment shallthe warrant so granted, and
the plaintiff shall be entitled to reasonable damages in the action.
8. Every such bond as hereinbefore mentioned shall be made to
the complainant or his agent at the cost of such complainant or
agent, and shall be approved of and attested by the Magistrate, and
if the bond so taken is forfeited or if, on the trial of the action for
securing the trial of which such bond was given, the Judge by whom
it is tried does not certify that the condition of the bond has been
fulfilled, the party to whom the bond has been so made may bring
an action and recover thereon: Provided always that the Court
where such action as last aforesaid is brought may, by an order, give
such relief to the parties upon such bond as may be agreeable to
justice, and such order shall have the nature and effect of a
defeasance to such bond.
9. It shall not be lawful to bring any action or prosecution against
the Magistrate by whom such warrant as aforessaid may have been
issued, or against any constable by whom such warrant may be
executed, for issuing such warrant or executing the same respective-
ly, by reason that the person on whose application, or on behalf of
whom, the same is granted had not lawful right to the possession
of the premises.
SCHEDULE.
Note--These Forms may be varied to meet the requirements of the particular
case, provided such ease comes within the Ordinance.
Form NO. 1. [ss.3 and 6.]
Complaint before a Magistrate.
HONGKONG.
IN THE POLICE COURT AT
The complaint of owner [or agent, etc., as the case may be] made
before me, a Magistrate of the said colony, who says that the said
did let to a tenement, consistillg of and situate at
in the said Colony, for at the rent of
and that the said tenancy expired [or was determined by notice to quit, given by the
said , as the case may be,] on the day of , 19 .
[or that the said has illegally encroached upon, (or illegally inclosed,) land
situate at belonging to the complainant or as the case may be, such encroach-
ment or inclosure not exceeding in value $20 a month (or $240 a year as the case may
be], and that notwithstanding demand made, the said refused for
neglected, to deliver up possession of the said tenement, [or encroachment or inclosure,
as the case may be,] and still detains the same.
Taken the day of , 19 .
Before, me
(Signed.) Magistrate.
Form No. 2.
Summons.
[ss. 3 and 6.]
HONGKONG.
IN THE POLICE COURT AT
Rex on the Complaint of
To
Complaint having been this day made before the undersigned, a Magistrate of
the said Colony, for that you, being the tenant or occupier of certain premises situate
at in the said Colony, and such tenancy or holding having expired
M ainqxidecl by -NQ. 21 of 191U,
[or been legally determined, or as the case may be,] [or trial you, having illegally
encroached upon (or illegally made an inclosure upon) certain land situate at
of which is the owner, as the case may be] have
unlawfully refused or neglected to deliver over possession of the said premises to the
owner thereof :This is, therefore, to command you, in His Majesty's name, to be
and ippear on day, the day of ,19 , at o'Clock
in the noon at the Said police Court before me, to answer to the said complaint
and to be further dealt with according to law.
Dated the day of , 19 .
(Signed.) Magistrate.
Form No. 3. [ss. 5 and 6.]
Warrant.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the said Colony.
Whereas [set forth the compalaint], I, a Magistrate of the said Colony, do authorise
and comniand you, between the hours of 9 in the forenoon and 5 in the after-
noon, to enter (by force, if needful ' ) and with or without the aid of
the owner, [or agent as the case may be], or any other person or persons whom you
may think requisite to call to your assistance, into and upon the said premises, and
to eject thereout any person, and of the same [or of the said encroachment (or ill-
closure, as the case may be)] full and peaceable possession to deliver to the said
the owner [or agent].
Given under my hand and seal this day of , 19 .
[L.S.] (Signed.) Magistrate.
Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. Service of summons. Issue of warrant for possession of premises. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 annual value. Stay of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance.
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.
3-(1) When and so soon as the term or interest of the tenant of
any house, land, or other preinises, held by him at will or for any
term not exceeding 7 years, either without being liable to the pay-
ment of any rent or at a rent not exceeding the rate of 20 dollars
a month or 240 dollars a year, and upon which no fine has been
reserved or made payable, has ended or has been duly determined
by a legal notice to quit or otherwise, and such tenant, or (if such
tenant does not actually occupy the premises or only occupies a part
thereof) any person by whom the same or any part thereof is then
actually occupied, notwithstanding that demand for possession has
been made, refuses or neglects to quit and deliver up Possession of
the premises or of sitch part thereof respectively, it shall be lawful
for a Magistrate, on a complaint being made to him, to issue a
summons requiring the person against whoin siich complaint has
been made to appear at a certain time and place before such Magis-
trate to answer such complaint and to show cause why he should
not, quit and deliver up possession of the said premises.
(2) Such complaint and summons may be in forms 1 and 2
respectively in the schedule.
4. Any such summons may be served either personally or by
leaving the same with some person being in and apparently residing
at the place of abode of the defendant: Provided that if the
defendant cannot be found, and the place of abode of the defendant
is not known or admission thereto cannot be obtained for serving
the summons, the posting tip of the summons on some conspicuous
part of the prernises shall be deemed to be good service on such
person.
5.-(1) If the person so served with a sumons does not appear
before the Magistrate at the time and place mentioned in the
summons, or fails to show cause why he should not quit and deliver
up, possession of the premises, it shall be lawful for the Magistrate
to issue his warrant to any constable, commanding him to enter (by
force, if needful) into the premises, and give possession of the same
to the owner thereof or his agent: Provided always that entry,
upon any such warrant, shall not be made at any timc except
between 9 am and 5 pm.: Provided, also, that nothing herein
contained shall be deemed, to protect any person on whose applica-
As ameuded 1,y '.`,'o. 50 of 1911.
As arnended by No. 2 of 1912.
As aniended by N2o. 50 of 1911, No. 51 of 1911, 'I'~o. 1 of 1912 and
No. 21 of 1912.
tion any such warrant may be granted from any action which may
be brought against him by any such tenant or occupier for and in
respect of such entry and taking possession, where such person had
not, at the time, of granting the same, right to the possession
of the said premises.
(2) The warrant may be in form 3 in the schedule.
6. When any person by whom any illegal encroachment or in-
closure has been made upon the land of another person, not
exceeding in value 20 dollars a month or 240 dollars a year, refuses
or neglect, upon demand made, to quit and deliver up possession
of the same, or any part thereof, to the owner of such land or his
agent, the possession thereof may be recovered by such owner or
agent under the provisions of this Ordinance, in like manner as if
the occupier of such encroachment or inclousure were, the tenant of
any premises the possession of which is recoverable under this Ordi-
nance, whose term or interest had ended.
7. In every ease in which the person on whose application, or on
behalf of whom, any such warrant is granted had not, at the time
of granting the same, lawful right to the possession of the premises,
the obtaining of any such warrant as aforesaid shall be deemed a
trespass by him against the tenant or occupier of the premises,
althogh no entry may be made, by virtue of the warrant; and, in
case, any such tenant or occupier will become bound with two
suraties as hereinafter provided, to be approved of by the Magistrate,
in such sum as to him may seem reasonable (regard being had to
the value of the premises and to the probable costs of an action),
to sue the person. on whose application, or on behalf of whom, such
warrant was granted, with effect and without delay, and to pay all
the costs of the proceedings in such action in case Judgment shall
pass for the defendant of the plaintiff shall discontinue or not pro
secute his action or become monsuit therein, execution of the
action; and if, on the trial of such action, judgment passes for the
plaintiff, such judgment shallthe warrant so granted, and
the plaintiff shall be entitled to reasonable damages in the action.
8. Every such bond as hereinbefore mentioned shall be made to
the complainant or his agent at the cost of such complainant or
agent, and shall be approved of and attested by the Magistrate, and
if the bond so taken is forfeited or if, on the trial of the action for
securing the trial of which such bond was given, the Judge by whom
it is tried does not certify that the condition of the bond has been
fulfilled, the party to whom the bond has been so made may bring
an action and recover thereon: Provided always that the Court
where such action as last aforesaid is brought may, by an order, give
such relief to the parties upon such bond as may be agreeable to
justice, and such order shall have the nature and effect of a
defeasance to such bond.
9. It shall not be lawful to bring any action or prosecution against
the Magistrate by whom such warrant as aforessaid may have been
issued, or against any constable by whom such warrant may be
executed, for issuing such warrant or executing the same respective-
ly, by reason that the person on whose application, or on behalf of
whom, the same is granted had not lawful right to the possession
of the premises.
SCHEDULE.
Note--These Forms may be varied to meet the requirements of the particular
case, provided such ease comes within the Ordinance.
Form NO. 1. [ss.3 and 6.]
Complaint before a Magistrate.
HONGKONG.
IN THE POLICE COURT AT
The complaint of owner [or agent, etc., as the case may be] made
before me, a Magistrate of the said colony, who says that the said
did let to a tenement, consistillg of and situate at
in the said Colony, for at the rent of
and that the said tenancy expired [or was determined by notice to quit, given by the
said , as the case may be,] on the day of , 19 .
[or that the said has illegally encroached upon, (or illegally inclosed,) land
situate at belonging to the complainant or as the case may be, such encroach-
ment or inclosure not exceeding in value $20 a month (or $240 a year as the case may
be], and that notwithstanding demand made, the said refused for
neglected, to deliver up possession of the said tenement, [or encroachment or inclosure,
as the case may be,] and still detains the same.
Taken the day of , 19 .
Before, me
(Signed.) Magistrate.
Form No. 2.
Summons.
[ss. 3 and 6.]
HONGKONG.
IN THE POLICE COURT AT
Rex on the Complaint of
To
Complaint having been this day made before the undersigned, a Magistrate of
the said Colony, for that you, being the tenant or occupier of certain premises situate
at in the said Colony, and such tenancy or holding having expired
M ainqxidecl by -NQ. 21 of 191U,
[or been legally determined, or as the case may be,] [or trial you, having illegally
encroached upon (or illegally made an inclosure upon) certain land situate at
of which is the owner, as the case may be] have
unlawfully refused or neglected to deliver over possession of the said premises to the
owner thereof :This is, therefore, to command you, in His Majesty's name, to be
and ippear on day, the day of ,19 , at o'Clock
in the noon at the Said police Court before me, to answer to the said complaint
and to be further dealt with according to law.
Dated the day of , 19 .
(Signed.) Magistrate.
Form No. 3. [ss. 5 and 6.]
Warrant.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the said Colony.
Whereas [set forth the compalaint], I, a Magistrate of the said Colony, do authorise
and comniand you, between the hours of 9 in the forenoon and 5 in the after-
noon, to enter (by force, if needful ' ) and with or without the aid of
the owner, [or agent as the case may be], or any other person or persons whom you
may think requisite to call to your assistance, into and upon the said premises, and
to eject thereout any person, and of the same [or of the said encroachment (or ill-
closure, as the case may be)] full and peaceable possession to deliver to the said
the owner [or agent].
Given under my hand and seal this day of , 19 .
[L.S.] (Signed.) Magistrate.
Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. Service of summons. Issue of warrant for possession of premises. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 annual value. Stay of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance.
Abstract
Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. Service of summons. Issue of warrant for possession of premises. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 annual value. Stay of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/892
Edition
1912
Volume
v1
Subsequent Cap No.
7
Cap / Ordinance No.
No. 10 of 1897
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SMALL TENEMENTS RECOVERY ORDINANCE, 1897,” Historical Laws of Hong Kong Online, accessed April 26, 2025, https://oelawhk.lib.hku.hk/items/show/892.
