LIQUORS CONSOLIDATION ORDINANCE, 1911
Title
LIQUORS CONSOLIDATION ORDINANCE, 1911
Description
No. 9 of 1911.
To consolidate and the lan., relating to Intoxicating
Liquors.
1. The Liquors Consolidation Ordinance, 1911.
2. In this Ordinance,-
[30th March, 1911.]
Proof spirit--- means a mixture of alcohol and water having a
specific gravity of .91984 at 60 degrees Fahrenheit, distilled water
at the same temperature being taken as unity, and containing
49.24 per cent. of alcohol by weight or -57.06 per cent. by volume.
Spirits are described as so many degrees ---over proof--- or ---under
proof--- according to the quantity of distilled water which must be
added or deducted from 100 volumes in order to produce spirit of
proof strength :
'Intoxicating liquors ' include spirits, liqueurs, wines, beer,
stout, porter, cider, and perry, and all other liquors fit, or intended
for use as a bevera-e, containing more than 22 per cent. of proof
spirit, but shall not include denatured spirits
---Beer--- includes ale, porter, stout, cider, perry, spruce beer,
black beer, and any other description of beer, and extends to any
liquor which is made or sold as a description of beer or as a
substitute for beer, and which on analysis of a sample thereof at any
time shall be found to contain more. than .2 per cent. of proof spirit
Denatured spirits
11 mean wines and spirits mixed with some
substance in such manner as to render the mixture in the opinion
of a, GovernmentOfficer or the Governnient Analyst unfit
for use as a beveraye
b
Spirituous liquors ' mean intoxicating liquors containing more
than 20 per cent. of pure alcohol by weight :
---Chinese wines and spirits ' mean intoxicating liquors of Chi-
nese production or commonly consumed by the Chinese, including
savishu :
1 ---Native wines and spirits ' mcain intoxicating liquors such as
are commonly distilled, made or prepared in any part of Asia for
consumption by other than Europeans :
---Adulterated liquor---means any liquor mixed or coloured to the
prejudice of the purchaser with any ingredient whatever or with
A. amended by No. 46 of 1911, No. 50 of 1911, No. 16 of 1912,
No. 17 of 1912 and No. 43 of 1912 Supp. Sched.
water, either so as to increase its bulk and measure or so as injur-
iously to affect the ' qualitY of such liquor or to conceal its inferior
quality, or any liquor which is not virtually of the nature and
quality demanded by the purchaser or of the liquor which it Is
labelled as being or purporting to be, whether stich adulterated
liquor is Injurious to health or not. Spirits shall not be considered
adulterated if mixed with water only so as not to reduce the
strength below 25 degrees tinder proof in the case of brandy, whisky,
or rum, or belosk, 30 degrees under proof In the case of gin '.
Duty--- tueans the duty payable by law upon any intoxicating
liquors;
---Dutiable liquors--- mean intoxicating liquors. and native wines
and spirits on which the duty has not been paid :
Pint bottle--- in(] ' qoart bottle---mean respectively the reputed
pint and quart bottles ordinarily used in commerce:
' Gallon '' means the imperial gallon or 6 reptited quart bottles, or
1.2 reputed pint bottles. In the case of Chinese wines and spirits 74
eattles shall be deeined to be the equivalent of the Imperial gallon
' Wholesale--- means the sale of intoxicating liquors by the un-
opened cask, jar, or, case, in quantities exceeding 2 gallons of one
liquor at one time, such liquors not to be consumed on the premises :
' Betail sale--- or ---sale by retail ' ineans the sale of liquors in
quantities not exceeding 22 gallons at one time :
' Publican's licence--- means a licence to keel) an inn or public
house for the retall -.ale, therein, but not else-where, of intoxicating
0
liquors other than Chinese wines and spirits
Hotel keeper's adjunct licence.--- means a licence to hotel or
boarding-bouse keepers for the retail sale of intoxicating liquors for
consumption on the premises,-
(a.) to persons residing at the tinie of sale on the licensed
premises ;
(b) to persons other thari such residents, only in the dining room
and in conjunction with the regular ineals of the establishment;
but does not authorise the keeping of a public bar :
.1 ' Restaurant adjunct licence--- means a licence to restaurateurs
for the retail sale, between such hours as the Governor-in-Couricil
may prewribe, of intoxicating liquors for consumption on the
premises and only in conjunction with a bond fide meal for which
a charge of at least 30 cents can be reasonably made; but does not
authorise the keeping of a bar :
---Dealer's licence--- ineans a licence to sell intoxicating liquors
(Chinese wines and spirits excepted) either wholesale or by the
bottle, such liquors not to be consumed on the premises :
Chinese restaurant licence.---ineans a licence to Chinese restau-
rateurs for the retail sale to persons of Chinese race only of
intoxicating liquors in connection with a, bond fide meal for which a
charge of a least 30 cents can bc reasonably made, such liquors to
be consumed either on the premises or in conjunction with meals
sent out, but not otherwise : but does not authorise the keeping of
a bar :
---Chinese and spirit shop licence--- means a licence to sell
Chinese wines and spirits by retail or wholesale, such liquors not to
be consurned on the premises :
Eating-house licence--- ineans a licence for the keeping of any
C
eating-house, coffee house, or other similar house where no intoxicat-
ing liquors are sold on the premises :
---Brewery licence--- means a licence to sell beer not to be con-
sumed on the premises :
'Public house- means any house or place of entertainment where
intoxicating liquors are sold by retail and may be consumed on the
premises, but does not include any place of entertainment kept
under an adjunct licence or a Chinese restaurant licence :
Greneral bonded warehouse--- means a warehouse or place of
security appointed by the Governor-in-Coxincil for the warehousing
of dutiable liquors :
---Licensed warehouse--- ineans a place licensed by the Superin-
tendent with the approval of the Governor for the warehousing of
dutiable liquors :
---Import -, with its gramniatica.l variations and cognate expres-
sions, means to bring or cause to be brought into the Colony or the
waters thereof either by land or sea
---Export -, with its grammatical variations and cognate expres-
sions, means to take or cause to be taken out of the Colony or the
waters thereof by land or by sea
Ship--- means any steam or sailing vessel, motor boat, junk,
boat, sampan, or any kind of craft used or adapted to be used either
for the conveyance Of persons or things by water or for occtipation
by persons or storage of things whether afloat or not:
- Superintendent - means the Superintendent of imports and
Exports:
- Native revenne officer - ineans any revenue, officer not of
European race.
PART I-LICENCES.
Distillery Licences
3.-(1) No person shah make, distil, or, rectify mly spirits, or
shall knowingly keel) or have in his possession 'MY still or other
utensil or apparatus for making, distilling, or rectiflying spirits,
without a licence under this Ordinance.
(2) The Captain Superintendent of Police may issue distillery
licences, in form 1 in the 2nd schedule shall be payable in advance.
(3) conditions as the Governor-in-Council may determine
may be added to sych licences.
(4) Every licensed distiller may sell the liquour which he distils.
byt only in quantities exceeding 2 gallons of one liquour at one time,
and such liquor so sold must not be consumed on the permises.
(5) Every holder of a distillery licence under this Ordinance shall
pertnit the Sitperintendent or anyofficer to enter the
premises in which distillation Is being carried on at any tinle during
the process of such distillation.
4.-W It shall be lawful for the Captalit Superintendent of Police
to Issue a licence, free of all charge, to any apothecary, chemist, or
durggist applying for the same, to keep and use on his premises
a still of not more than 8 gallons capacity for the ptirpose of his trade
only : Provided that every such person shall make a deposit of
1,000 dollars or give a bond to the Captain Superintendent of Police,
with two stiflicient sureties, in that suni, that the still shall not
exceed 8 gallons capacity, and that he will not make use of such
still, or suffer it to be made use. of except for the preparation
of medicines or other articles required bond fide for medical or
scientific purposes.
* As amended by No. 46 of 1911 and No. 50 of 1911,
f As amended by No. 16 of 1912.
(2) Every such person found to have such still without having
entered into such bond and obtained such licence shall be deemed
to be guilty of an offence.
5.-W Every person who distils, makes, imports, sells, disposes
of, or deals in any adulterated liquor shall be guilty of an offence,
and, it such adulterated liquor is proved to the satisfaction of a
Magistrate to be injurious to health, he shall, on a second conviction,
be liable to imprisonment tor any term not exceeding 6 months,
besides any other penalties to whicb lie may be liable tinder this
Ordinance.
(2) No person shall be convicted under this section if lie shows, to
the satisfaction of the AMagistrate, tliat lie did not know that
the llqiior imported, sold, disposed of, or dealt in by him was
adultera.ted, and that he could not have known it with any reason-
able diligence.
Sale of Intoxicating Liquors
6.-(1) No person shall sell or dlsi)ose of, or advertise or expose
for sale, ally Bitoxica.tingeltlier bY wholesale or retail, or sba.11
permit or suffer any such intoxicating liquor to be sold or disposed
of, or advertised or exposed for sale, in his house or other place,
without the appropriate licence.
(2) The delivery of any intoxicating liquor shall be taken, in any
proceeding under this Ordinance, to be prima facie evidence of sale
and that money or other consideration was given for the same
(3) -NIo 1)erson shall tot. and oil behalf of any other person who is
not the holder of a dealer's licence, accept, or recelve orders for,
or import on commission or act as agent for the import of any
intoxicating liquor in quantities ecxeeding 2 gallons at one time
without an licence under which the licensee is permitted
to sell such liquor as a dealer.
(4) Nothing in this section shall be deemed to affect persons who
import the intoxicating liquor solely for the purpose of export.
7. The holder of a Chinese -,vine and spirit shop licence may also
sell Chinesc wines and spirits wholesale ; but no person shall sell
intoxicating liquors by retail without a licence to that effect, and
As amended by No. 30 of 1911 and No. 16 of 1912.
As ainended by No. 46 of 1911 and No. 16 of 1912.
this section shall apply to all retail sales of liquor to any persoll on
pretence that he is a customer of other goods, as well as to all sales
of quantities exceeding 2 gallons. an understanding tbat part is
to be returned, and generally to any act whatever which, under
whatever pretence, constitutes a retail sate of intoxicating liquor.
Teniporary
8. The Treasurer may at any time issue to ally bolder of a
publican's or adjunct licence a teniporary licence for the sale of
liquors at any public entertainincilt or on any public occasion, on
payment of such fee, in each case, as to tile Governor may seem fit.
Publican's Licences, Restaurant Adjunct licences, and Hotel
Keeper's Adjunct Licences.
9.-All applications for the granting or transfer of licences
shall be made to Board of Licensing Justices (thereinafter called
the Board). The Board shall consist of a chairman and vice-chair-
man appointed by the Governor and of five offict. Justices two of
whom shall be appointed by the Governor. and three elected by the
Justices of the Peace irom among their number. Of the four
Justices appointed by the Governor two shall be official and two
shall be unofficial Justices. The members of the Board shall hold
office for 3 years. Five meinbers shall be a quorum. The Magis-
trate's Clerk shall be ex-officio secretary to the Board.
(2) 11 any Licensing Justice appointed by the. Governor dlies or
is absent from the Colony or resigns his seat the Governor nwy
appoint another Justic to be, a nwinbey of the Board in his place.
Such Justice shall cease to be a nicinber of tbe Board if the absent
member in whose place he was appointed returns to the Colony.
(3) If an elected Justice dies or is absent froin the Colony for a
space of 6 months or resigns his seat the vacancy shall be filled
either substantively or ad ubterum, as the case may be, by election
in the manner hereinafter provided.
10. The mode of election of Licensing Justices, the proceedings
incident and other matters relating thereto, shall be governed by
rules made by the Governor-in-Council.
As axnended by No. 50 of 1911.
As amended by No. 17 of 191.1 and No. 4i3 of 1912 Supp. Sehed.
As amended by No. 16 of 1912 and No. 17 of 1912.
11. All questions arising at any meeting of the Board shall be
determined by a majority of votes of the J ustices present. In the
case of an equality of votes the chairman sliall have a. second or
casting vote.
12. Every person desirous of obtaining a publican 1 s, or an adjunct
licence shall make application in writing to the Board in form 2
or form 3 lit the Ist schedule, according to the nature of the licence
required. Such- application shall state the name and address of
the applicant, his nationality, the period or periods, if any, during
which he has previously held a licence, and the address and the
proposed nanic or sign of the premises in respect of which a licence
is desired.
13. The Board may refuse such applicatimi or they inay grant it
absolutely or subject to conditions. The applicant or 20 house
holders within a, radius of quarter of a mile of the premises licensed
or to be kucebsed shall be entitled to appeal to the Governor-in-
Counell with respect to any decision of the Board mider this see-
tion.
14. In the event of the refusal of an application by the Board,
maintained on appeal (if any), the applicant shall not be entitled to
make another appication in respect of the same premises within a
period of 12 moths from the original appliation.
15. The Board shall in every case at least one week previous to
the grant of an appllication cause advetisement to be made in the
Gazette and in one local nespaper at the expencse of the appliant
setting forth the name and address of the applicant and the propsed
name or sign of the premises in respect of, which a licence is desired.
16. As soon as inav be after the pantting of an application the
Board shall notify the Treasurer thereof : whercupon lie shall, upon
payment ol the fee specified lit the 2nd schedule, issue to the
applicant a licence An form 4, forn) 5, or form 6 in the 1st schedule,
according to the nature of the licence applied for.
17. Every, publican's or adjunct licence shall be valid only until
30th November next following the date on which it is granted :
Provided always that where this period is less than a year, a
A. amended by No. 511 of 1911 alid No. 17 of 1912.
As atnended by No. 17 of 1912.
As alneuded by No. 50 of 1911 aud No. 17 of 1912.
proportionate part only of the aforesaid fee shall be charged, to
which (except in the case of the transfer of a licence) 10 per cent.
shall be added.
Transfer of Publican's and Adjunce Licences.
18. The Board may, in their discretion and subject to payment
of the fee specified in the 2ndd schedule, direct the transfer, in
respect of the same premises, of any publician's or adjunct licence to
the nominee of the original holder of such licence, such nominee
making a like application as if applying for a licence, such numinee
behalf, A note of such transfer shall be endorsed by the Treasurer
upon the licence. The applicant or 20 hoursholders within a radius
of quarter of a mile of the premises licensed or to be licensed shall
be entitled to appeal to the governor-in-Council with respect to any
decision of the Board under this section,
Death or Insolvency of Licensee.
19. In case of the death or insolvency of any person holding a
publican's or an adjunct licence, the executor or administrator or
trustee of such licensee may carry on the business of such lincesed
house until the expiration of the licence, subject in every respect
to the same regulations and conditions as the original licensee.
Remoral of Business.
20. The Board may refuse to allow the business licensed under a
publican's licence or an ajunct licence to be removed to other pre-
mises, or they may permit such removal subject to the payment of
the fee specified in the 2nd schedule. A note of the grant of such
permission shall be endorsed by the Treasurer on the licence. the
applicant or 20 householders within a radius of quarter of mile of
the premises to which the applicant desires to remove shall be
entitled to appeal to the Governor-in-Council with respect to any
decision of the Board under this section.
Regulation of Business.
21. Every licensed publican or adjunct licensee shall have his full
name painted in legible letters at least 3 inches long, with the
words'Licensed to retail intoxicating liquors' constantly and
permanently remainin, and plainly to be seen and read, on some
As arnended by No. 50 of 11)11 and No. 17 of 1912.
As arnended by No, 16 of 1912 and No. 17 of 1912.
conspicuous part of his house: and no person not actually holding
a publican's licence or adjunct licence (except the keeper of
a Chinese wine and spirit shop or the holder of a Chinese restaurant
licence as hereinafter provided) shall keep up any sign, writing,
painting, or other mark which may inilAy or give reasonable cause
to believe that his premises are licensed for retail or barter of
intoxicating liquors, or that such liquors are sold, served, or retailed
therein.
22.-(11) The business of every licensed publican or adjunct
licensee shall be carried on subject to the following conditions
(a) no liquor shall be sold or drunk uron any licensed premises
other than premises licensed under a Chinese restaurant licence
except between 8a.m. and midnight : Provided that the Governor-
in-Council may by notification alter such hours;
(b) no disorder shall be permitted on the premises
(c) no person shall be allowed to becoine drunk on the premises,
nor shall liquor be supplied to any person who ls drunk ;
(d) no game of chance shall be played on the premises;
(e) a decent and suitable privy and urinal shall be maintained in
a state of cleanliness and good repair for the use of customers;
(f) the licensee sball not abandon the occupation of-his house or
permit any other person to become virtually the keeper thereof;
(g) the licensee sliall not eniploy any person to sell or dispose of
any liquors outside of his licensed premises, nor shall lie allow or
stiffer any linnors to be so disposed of on his account;
(2) Tn the case of the business of every licensed publican the fol-
lowing conditions shall also apply :-
(a) the licensee excepted, no woman or girl whether belonging
to the licensee's family or not, shall be permititted to serve or act in
any capacity in the bar-room or in any room directly opening out of
the bar room.
(b) The sta:ndard of quality of spirits as fixed by the Governor-in-
Council shall be declared on the label of each bottle.
(3) It shall be lawful for the Governor-in-Council to amend or
repeal the conditions contained in this section.
As amended bY No. 46 of 1911, No. 50 of I9U, No. 51 of 1911.
N
.,o. 16 of 1912, No. 17 of 1912 cid No. 43 of 1912.
4
23. No licensed publican or adjunct licensee shall maintain any
action for, or recover any debt or demand on account of intoxicating
liquor, unless such debt has bond fide been contracted at one time
to the amount of 5 dollars or upwards, nor shall any itein in any
account for such liquor be allowed where the liquor bond fide de-
livered at one time does not amount to the full surn of .5 dollars, nor
shall any claim be allowed against any seaman or soldier in which any
Majesty's service for debt for intoxicating liquor supplied : Provided
always nothing herein contained shall extend to prevent any
innkeeper from keeping an account with a lodger in which any
charge for liquors may be included, and recovering tbe alnount
thereof in any Court..
General Prorisions.
24. No person licensed under this Ordinance shall take or receive
in payment or pledge for liquor or and entertainment whatever
Supplied in or out of his house any article or thing whatever, except
money.
25. Every perso licensed under this Ordinance shall sell and
dispose of his liquors by the measures or weights in this
Colony and not otherwise, except when the quantity is less than half
a pint, or except ,when the liquor is sold in bottles -he shall also
measure or weigh such liquors in the prese-nee of any ciistorner ,vho
ntay require him to do so.
26. If any person is convicted of unlawfully retailing any in-
toxicating liquor, the house and prernises of such person and the
house, lodging, shop, or warehouse where siicl) offence has been
committed, and any court or vard connected therewith, shall be
liable to be searched, at any tinve. of the day or night, by any police
officer, with or without a warrant, for 6 months next after such
conviction, provided that the same or any, part thereof is then
occupied by the person so convicted.
27. Whenever any police officer finds any person drinking in any
place in which any intoxicating liquor is sold or disposed of by
retail, and the licence for such sale is not, on deniand, produced to
such police officer, it shall be lawful for him to apprehend all such
persons so found drinking therein; and every sneh person so found
* As amended by No. 17 of 1912.
f As arnended by No. 43 of 1912 Supp. Sched.
drinking shall, if such place is in fact unlicensed, he liable, on sum-
ty
mary conviefion, for every such offence to a fine not exceeding 20
dollars, -unless such person informs against such unlicensed person
or voluntarily becomes a witness against him, in respect of such act
of selling -and retailing.
28. N1o master or other person employing journeymen, workmen,
servants, or labourers, and riot being the licensed keeper of a house
in which any intoxicating liquor is sold or disposed of by retail,
sha,ll pay or cause any payment to be niade to any such journeyman,
workman, servant, or labourer in or at anv such house.
M-M Every person licensed tinder this Ordinance shall produce
his licence to any police officer, on -being reqLilred to do so.
(.2) Any European officer of police shall have free access to every
part of any house licensed tinder sections 16, 33 or 34, at any hour
of the night or day.
0 Dealers' Licenees.
30.-(1) Every person desirous of obtaining a dealer's licence to
sell intoxicating liquors shall apply to the Treasurer, who may, in
his discretion, grant to the applicant a licence in form 7 in the Ist
c
schedule, upon payment of the appropriate fee specified in the 22nd
schedule.
(2) Such licence may be renewed annually on like conditions.
3L-M It shall be lawful for the Governor-in-Council to make
regulations and conditions for the granting of a dealer's licence.
(2) Such regulations or conditions may require the providing by
applicants of one or more sureties, may alter the scale of fees, and
may regulate the times of comencement and expiry of such
licences, the hours and conditions of sale, and all'other matters con-
nected with such licences.
(3) All such regulatioDs shall be published in English and in Ch
nese.
Chinese Wine and Spirit Shop Licevces.
32.-(1) The Captain Superintendent of Police may - grant a
licence, in form 8 in the 1st schedule, to any person to sell Chinese
As amended by No. 16 of 1912 and No. 17 of 1912.
As amended by No. 50 of 1911.
As amended by No. 50 of 1911 and No. 16 of 1912.
wines and, spirits, by retail and wholesale, such Chinese wines and
spirits not to be consumed on the premises where they are sold.
(2) The holder of any such licence shall exhibit conspicuously and
permanently in front of his licensed place of business, his name and
the number and the nature of such licence, on a sign, the size and
design of which shall be approved by the Captain Superihtendent of
Police.
(3) The fee, for such licence shall be that specified in the 2nd
schedule and shall be paid to the Treasurer.
~ (4) The Captain Superintendent of Police may permit the transfer
of any such licence, in form 9 in the Ist schedule.
Chinese Ftestaurant Llicellces.
31-W Application for Chinese. restaurant licences shall be itiade
to the Registrar Greneral.
(2) The Registrar General, after referring such applications to
the Captain Superintendent of Police, may with his concurrence
grant a licence, lin lortn -10 lit the 1st. schedule.
(3) The fee for such licence shall be according to the scale set
forth in the 2nd schedule, and shall be paid to the Treasurer before
the issue of the licence.
(4) The holder of such licence shall exhibit conspicuously and
permanently in front oll his licensed place of business, his name
and the number and nature of such licence, oil a sign, the size and
design of which shall be approved by the Captain Superintendent
of Police.
(5) Sub-section (1) paragraphs (b), (c), (e) and (.0 of section 22
shall apply to a business carried on under a Chinese restaurant
licence. Provided that the Governor-in-council may inake regula-
tions or conditions on the granting of a Chinese restaurant licence.
All such regulations shall be published in English and Chinese.
(6) In case of the death or insolvency of the holder of a Chinese
restaurant licence, the executor or administrator or trustee (as the
case may be) of such licensee may carry on the business until the
expiration of the then current licence, subject to the same regula-
tions and conditions as the original licensee.
* As ainended by No. 50 of 1911, No. 17 of 1912 and No. 43 of 1912.
(7) The Registrar General may, in his discretion, permit the
transfer of any sticb licence, ln form 11 in the Ist schedule.
Licences for Eathig-houses.
34.-(1) Eating-honse licences shall be granted by the Treasurer
in form 12) in the 1st sebedule, upon payment of the fee specified in
the 2nd schedule.
(Q~).) Such conditions ,is the Governor-in-Couneil may determine
may be added to any licence granted under this section, and Do in-
toxicating liquor shall be sold or opium sinoked on such permises.
(3) The Treasurer may discretion, perinit the transfer of
such licence, and such transfer shall be by the indorsement of the
Treasurer.
(4) No person (unless licensed to retall intoxicating liquors to be
consumed on the premises)shall keep an eating-housing, conffee-house,
refreslirnent-bar. or saloon, restaunint or other place, where meals or
refreshinents are supplied to persons; not resident on the premises
without a licence granted tinder this section.
0
35. No person licensed under the last section sliall knowingly or
wilfutly pernilt disorderly conduct in his licensed premises, or. know-
iligly siifl*ei. any unlawful (rame or gaining therein, or knowingly
permit or suffer any prostitute to frequent such premises or to re-
main therein.
Brewery Licences.
ditions for, the grant of brewery licences, and beer sold under such
licences shall not be, consurned on the prennses.
(2) Such regulations or conditions may prescribe a scale of fees in
resl)ect of such licences, and may regulate the times and commence-
ment and expiry of such licences, the conditions of sale and all other
matters connected with snelr licences.
(3) All such regulations shall be published in English andin
Chinese.
Sale of Liquor by Licensed Auctioneers.
37. Nothing in this Ordinance shall reDder it illegal for an auc-
tioner, holding an auctioneer's licerice, to sell intoxicating liquor
As amended b r No. 46 of 1911 and So. 50 of 1911.
As amended by No. 51) of 1911 and ~so. 16 of 1912.
As amended by No. 16 of 1912 and No. 17 of 1912.
by auction, without any licence, upon his own premises for a
principal holding an appropriate liquor licence, or upwi premises in
respect of which his principal holds an appropriate licence authori-
sing such principal to sell such intoxicating liquor, or in cases where
such liquor is the property of the Impenal or Colonial Government,
or forms part of the estate of a bankrupt or deceased person, or is
sold by order of Court, or where, in any particular ease, on applica-
tion made, the Colonial Secretary grants permission for such sale by
auction, whether upon licensed premises or elsewhere.
Alteration, of Licence Fecs.
38. The Legislative Council may by resolutlion alter any of the
fees prescribed under this Ordinance. in respect of all or any of the
licences therein mentioned, and way at any- time substitute in
whole or in part a schedule of fees for that contained in the 2nd
schedule.
Special Forins of Licence.
39. In addition to the fornis of licences authorised by this Ordi-
nance and notwithstanding anythin- herein contained, it shall be
lawful for the Goveriior-in-Council at ans, tinie, to grant any similar
licences in such form and subject to such terins and conditions in
all respects as he rnay determine, and subject to the paynient of
such fees as may be prescribed lit such licences.
Power to transfer Duties.
40. It shall be lawful for the governor-in-Council by notification
to appoint such officer as lie may think- fit to exercise all or any of
the duties in connection with the issue of licences which are under
this Ordinance vested in the Treastiver, the Captain Superintendent
of Police, the Registrar General or other officer of the Government.
PART
DUTTIES.
41.-(1) It shall be lawful for the Legislative Council by resolu-
tion to assess the duties to be paid upon intoxicating liquors im-
ported into, distilled, made or prepared in the Colony.
As amended by No50 of 1911 and Xo. 16 of 1,912.
As amended by No. 16 of 1912.
As amended by No. 46 of 1911, Xo. 5(1 of 1911 and No. 16 of 1912
(2) The dirty upon intoxicating liquors imported shall be pay-
able :-
(a) if such liquors are not forthwith in accordance with the
provisions of this Ordinance removed into a general bonded or
licensed warehouse or luto another ship
before the removal of them from the ship in which they are
imported;
(b) 11 such liquors areremoved into a general bonded
or licensed warehouse
before the removal of theni from such general bonded or licensed
warehouse, unless such removal is for export or into another general
bonded or licensed warehouse.
(3) The dirty upon intoxicating liquors distilled, made or prepared
in the Colony shall be payable before the removal of such liquors
from the factory or place in which they are distilled, made, or pre-
pared, unless such removal is for export or into a general bonded
warehouse or licensed warehouse.
42. When any written contract for the asle of intoxicating liquors
entered into before 17th september, 1909, contains no reference to
the payment of customs duties, the seller shall be deemed to have
duty carried out his part of the contract upon his giving to the
purchaser the necessary facilities to enable him to obtain a permit
for the renioval of the liquors wider the provisions of sections 46, 47,
49 or 60 ; and the ratrebaser shall pay the dirty (if any) payable in
respect of such liquors and also any additional charges for landing,
storing, or dentauring such liquors occasioned by the operation of
this Ordinance and not provided for in the contract, and if any of
such additional charges are paid by the seller in the first instance the
amount so paid may be added to the contract price for the liquors.
and be recovered by the seller from the purchaser as if the same
formed part of the contract price.
41-M Where any new duty is imposed, or where any duty is
increased, and any goods in respect of which the dirty is payable.
are delivered after the day on which the new or increased duty takes
effect in pursuance of a contract made before that day, the seller.
of the goods may, in the absence of agreemeilt to the contrary,
As wnended by No. 17 of 1912 and No. 43 of 1912 Supp. Sched,
As anlended b~ No. 16 of 1912.
recover, as in addition to the contract price, a sum equal to any
amount paid by him in respect of the goods oil account of the Dew
duty or the increalse of duty, as the case may be.
(2) Where any duty isrepealed or decreased, and any goods
affected by the duty are delivered after the day on which the duty
1
ceases or the decrease in the duty, tahes effect in pursuance of a
contract inade before that day, the purchaser of the goods, in the
absence of agreement to the contrary, may, if the seller of the goids
has had in respect of those goods the berietlit of the repeal or
decrease of the duty, dedoct from the contract price a simi equal
to the amount of the didy or decrease of duty the case may be.
(3) Where any addition to or dedtiction from the contract price
may be made under this section on account of any new or repealed
duty, such sinn as may be agreed upon, or in default of agreement
determined by the Sil perinten dent, as representing in the case of
a new duty any.new expenses incurred, and in the case of a repealed
duty any expenses saved, may be included in the addition to or
deduction froin the contract price, and may be recovered or deducted
accordingly.
(4) This section applies afthotigh the goods have undergone a pro-
cess of manufacture or preparation, or have become a part or in-
gredient of other goods.
Import and Export of Intoxicating Liquurs.
K-(1) No person shall import or export dutiable liquors or
deriatured spirits except into or from such ports or as may be
notified by the Governor.
No person shall import or export dutiable liquors or denatured
spirits by land except und in accordance with such regulations
and restrictions as may be prescirbed by the Governor-in-Council.
45. No master of ally ship shall any didlable liquors or
denatured spirits to be discharged from his ship without a permit
from the Superintendent as hereinafter provided, unless such liquors
or spirits are received by the person in charge of a general bonded
warehouse and forthwith stored in a general bonded warehouse.
As amended by No. 50 of 1911, No. 16'of 1912 and No. 1.7 of 1912.
As amended by No. 46 or 1911.
46.-M No person except the person in charge of a general bond-
ed warehouse shall remove any dutiable liquors from any ship in
which the sanie have been imported without a permit in form 1 in
the 3rd schedule in the case of liquors on which duty is to be paid
before such removal, or in form '22 in, the 3rd schedule in the case of
liquors to be stored in a general bonded or licensed warehouse, and
except in accordance with the conditions In such permit contained.
(2) In the case of liquors on which duty is to be paid before sueh
removal the Superintendent shall upon receiving a requisition filled
in in duplicate therefor, in form 1 in the 3rd schedule, issue a permit
in form 1 in the 3rd schedule authorising the removal of such liquors
on the conditions stated in such permit.
(3) In the case of liquors to be stored in a general bonded
or licensed warehouse the Superintendent shall urmn receiving a re-
quIsition filled in in dtiplicate therefor, in forin .2 in the 3rd sche-
dole, issue a perinit in form 22 in the 3rd schedule authorising the
removal of such liquors on the conditions stated in such permit.
Provided that before issning any permit under this section the
c 1
Superintendent inay deniand the production of any invoices, bills
of lading, or other documents relatine, to the liquors in respect of
Rn
which such requisition has been received, and the person inaking
the requisition shall on such demand produce the same.
47.-(11) No person except the person in charge of a general
bonded warehouse shall reniove any denatured spirits from any ship
in which the sante have been imported without a pemit, in form 4
in the 3rd schedule, and except in, accordance with the conditions
in such permit contained.
Such permit shall be issued by the Superintendent on the con-
ditions stated therein upon receiving a requisition filled in in
duplicate therefor, in forni 4. in the 3rd schedule, and shall not be
granted except upon condition tbat such spirits shall be placed in a
general bonded or licensed warehonse pending the production of
prool by the master or agent of the ship or the importer of such
spirits to the satisfaction of the Government Analyst, or of such
other person as the Governor may appoint in that behalf, that such
spirits are denatured spirits within the meaning of this Ordinance.
A.~ aniended bY 'No. 46 of 1911, Xo. 50 of 1911 and 'No. 43 of 1912
Supp. Selied.
48. The Superintendent shall grant a receipt in form 5 in the
3rd schedule for any received by him in respect of any duty
upon liquors, on which duty is payable.
49.-M No person intending to export dutlable liquors shall
remove the same for exportation from ally general bonded or
licensed warehouse where they may be stored witliont a, permit, in
form 3 in the 3rd schedule, and except in accordance witli the con-
ditions in such permit contained.
(2) Such permit shall by the Superintendent upon receipt
of a requisition, in form 3 in the. 3rd schedule; it shall be furnished
in triplicate, and one copy thereof shall be delivered to the. person
in charge of such general bonded or licensed warelionse, and tlic
exporter sball on. shipping such liquors proctire a receipt for the
same signed by the master or mate of the ship in which the liquors
are to be exported to be endorsed on another copy of skich pernilt,
and shall forthwith deliver such copy and receipt to the Superinten
dent.
(31) The Superintendent may refuse to issue any perinit to export
dutiable liquors by any ship until 72 bonrs before siicli ship intends
to leave the port.
Provided that before. issuing ally permit under this section the
Superintendent may demand the production of any shipping orders,
bills of lading, or other docimlents relating to the liquors in respect
1
of which such requisition has been received, and the person making
the requisition shall on such demand prodnee the same.
50. No dutiable liquors shall be removed for export from the
general bonded or licensed warehowse in which they are stored except
in closed cases or vessels each containing not less than 2 gallons or
the reputed equivalent of 2 gallons.
51. No dutiable liquors, except such as are exported to one con-
signee in one consignment in cinantities of not less than 40 gallons
if in cask or the reputed equivalent thereof if in bottles, shall be
removed from any general bonded or licensed warehonse for export
As amended by No. 46 of 1911, 1Zo. 50 of 1911 and No 16 of 1912.
d b,
f As amende v No. 46 of 1911, No. 50 of 1011, 'Zo. 17 of 1912 and
No. 43 of 1912 Supp. Sched.
As amended by No. 46 of 1911 and No. 43 of 1912 Supp. Sched.
1 As amended by No. 46 of 191 It
unless the cases or vessels containing the same shall be clearly and
permanently marked by stencil or otherwise an at least three sides
in letters not less than 3 inches long,'wltb the words - For Export.'
52. The master, owner, or agent of any ship by which dutiable
liquors are imported shall within 4 hours after the arrival of such
ship, or as soon thereafter as the office of the Superintendent is open,
furnish to the Superintendent a. true and correct statement of all
dutiable liquors imported therein.
53. The owner or agent of ,lily ship by which dutiable liquors are
exported shall within 24 honrs of the of the departure of such
still) furnish to the Superintendent dent a true and correct statement of
all dutiable liquors exported therein which have been entered on the
ship's inaDifest or for the receipt of which for export such owner or
agent or any person acting on his, behalf has issued a receipt to an-,
person.
54. Any person. who has obtained a permit to move any liquors
form any ship or to remove any liquors for exportation and bas not
availed himself thereof on the day stated therein, shall within 24
hours from such date, or as soon thereafter as the Superintendent's
office is open for business, return such permit to such office.
55. No person shall reland or permit the relandino- of any liquors
shipped under any permit or knowingly neglect or on-lit to cause such
liquors to be exported in accordance with the ternis of stich permit.
Storage of Dutiable Liguors.
56. The Governor-in-Council may approve and appoint premises
to be general bonded warehouses jar the warehousing of dutiable
liquors. If such appointinent is revoked all dutiable liquors ware-
housed in such warehouse shall be removed as the Governor may
direct.
57.-M The Superintendent may, with the approval of the
Governor, grant licences for the warehousing of dutiable liquors in
places to be specified in such licences and to be called licensed ware-
* As aniended by No. 43 of 1912 Supp. Sched '
and No. 17 of 1912.
As amended by No 50 of 1911, No. 7 of 1912 and No, 17 of 191g.
houses. The Governor may at any time cancel the licence of any
such warehouse, and thereupon all dutiable liquors warehoused
therein shall be removed as the Governor may direct.
(2) The Governor-in-Council may classify the -warehouses to
which such licences are issued or intended to be issued.
(3) The Legislative Council may at any time by resolution alter
the fees which may be charged for such licences in respect of all
classes or any class of such warehouses. Provided that no
fee shall be charged for a, licence granted to the Naval or Military
authorities for Naval or Military purposes.
(4) Subject to the provisions of sub-section (3) the fee for evely
such licence shall be two hundred and fifty dollars per
(5) No such licence shall be transferablethe cowsent of
the Governor.
58,(1) The, person in charge of any general bonded warehouse
and the licensee of any licensed warebouse shall at all times during
the usual business hours allow the Superintendent or any revenue
officer to enter such warehouse and to inspect the stocks of liquors
kept therein and to take saniples, thereof, and to ispect and make
copies of and extracts from any books of account kept M connection
therewith
(2) The person in charge of any general bwided warebouse and
the licensee of any licensed warehouse shall at all times keep proper
books showing stich particulars of all dutiable liquors' warehoused
therein and of all liquors removed therefrom as shall be prescribed
by regulations to be, niade by the Governor-in-council
(3) The person in charge of a general bonded warehouse and the
licensee of a licensed warehouse shall be liable to the Superintendent
for the payment of any duties payable in respect of the liquors ware-
housed therein, and shall prevent the removal of dutlable licluors and
denatured spirits therefrom except in accordance with the provisions
of section 60.
59.-(1) No person shall store or keep or have in his possession
or control any dutiable liquors except in a general bonded or licensed
warehouse or in the ship in which they have been imported.
As amended by No. 46 of 1911, No. 50 of 1911, No. 16 of 1912,
-No. 17 of 1912 and No. 43 of 1912 Supp. Sched.
As amended by No, 46 of 1911, No. 17 of 1912 and No. 43 of 1912
Supp. Sched.
(2), No person shall have in his possession or control in a general
bonded or licensed svarebouse any intoxicating liquors or denatured
spirits imported contrary to the provisions of this Ordinance, or
which have come into or are in his possession or control contrary to
the provisions of this Ordinance.
(3) No person shall sell or offer for sale, and no person shall buy,
any didiable liquors stored elsewhere tban in a general bonded or
licensed warehouse, or in the ship in which they have been imported.
60.-(1) No person shall remo i ve any dutiable liquors or denatured
spirits from any general bonded or licensed warehouse, except for
export under an export permit, without a permit from the Superin-
tendent in form .2 in the 3rd schedule, and except in accordance with
the conditions in such permit contained.
(2) Such permit shall be issued by the Stiperintendelit. upon receipt
of a requisition, filled in in duplicate, in forni 2 in the 3rd schedule;
Provided always that the Soperintendent shall refuse to issue a
permit-
(a) for the renjoval of any such liquors except in closed cases or
vessels each containing not less than 2 gailons or the reputed equi-
valent of 2 gallons;
(b) if such liquors are to be retnoved for ptirposes other than
export to any place other than a general bonded or licensed ware-
house, except upon payment of the duty thereon.
61. If it shall appear at any time that there is a deficiency in any
general bonded or licensed warehouse in the quantity of dutiable
liquors which ought to be ftotind stored there, the person in charge
of such general bonded warehouse or the licensec of such licensed
warehoose, as the case may he, shall be liable to pay to the. Superin-
Lendent the duty leviable tipon such deficiency, and shall in the
absence of proof to the contrary be presumed to have illegally re-
moved such liquors : Provided always that such person in charge or
such licensee shall riot be held llable for any deficiency which lie may
prove to have beeii caiised by leakage or breakage or other accident.
Distillation and Manufacture
62.-(1) All intoxicating liquors distilled, made, or prepared by
any person holding a licence under this Ordinance, or under the New
As arnended bv No. 46 of 1911, No. 50 of 1911, No. 16 of 1912
and No. i.~ of 1912 Supp. Selled.
As amended by No. 46 of 1911 and No. 17 of 1912.
As' anielided by No. 16 of 1912..
Territories Regulation Ordinance, 1910, shall be deemed to be duti-
able liquors, and the place of distillation, making, or preparation
shall be deemed to be a licensed warehouse for the purpose of storing
such liquors, and the person holding a licence for sitch place shall
for the purposes of this Ordinance be deemed to be the licensee of
such warehouse.
. (2) Such warehouse shall not be used for the siorage of any duit-
able liquors whatsoever other thail those distilled, niade, ot. prepared
therein.
(3) There shall be no fee payable iti respect of such warehouse.
63. 2-Nothing in this Ordinance contained shall to any dis-
tillation by a medical practitioner or person regIstered as a chenfist
and druggist under the Pharmacy Ordinance, is proved registered as a chemist
to be for genuine niedicinal or scientific. purposes, or to any distilla-
tion of essential oils.
Keeping of Intoxicating Liquors by Liccnesees.
64. Every person who holds a licence under this Ordinance, or
under the New Territories Regitlation Ordinance, 1910, shall-
(a) on demand by the Superintendent render an account in writ
ing of the quantity and description of the intoxicating liquors in his
possession, custody, or control;
(b) permit the Superintendent or any reveime officer to enter the
premises in which such liquors are stored at any tinte bet-ween 6 a.m.
and 6 p.m. and inspect the same.
65. No person who holds a licence as above shall store or keep
on his licensed premises any dutiable liquors, and lit the absence of
proof to the contrary any dutiable liquors foond on stich premises
shall be presumed to be stored or kept by stich licensee.
Revenue Officer.
M-M The Superintendent may grant to any person approved
by him a warrant, in form 6 in the 3rd schedule, to act as a revenue
officer tinder this Ordinance.
(2) The Superintendent shall have power to withdraw at any time
any warrant so granted by him.
As aniended bv No. 16 of 1912 and No. 43 of 1912 Supp. Selied.
As arnended No. 51 of 1911 and No. 16 of 1912-
No. 16 of i912, No. 17 of 1912, No. 21 of 1912, No. 43 of 1912
and No. 43 A 1912 Supp. Sched.
(3) Every revenue officer shall be supplied with a suitable badge of
office which shall be returned to the Superintendent when the war-
rant is withdrawn.
[sub-section (4), rel). 1,,To. 43 of 1912.]
(.5) Every native revenue officer shall, before appointment, be
examined and approved by the Superintendent and the Principal
Civil Aledical Officer, and having been so examined and approved
according to the fornis in. the 5th schedule shall go before a Magis-
trate and answer the questions, and subscribe and take the oath or
make the declaration in the 6th schedule.
(6) Every native revenue officer shall engage and bind himself to
serve in that office for the terin of 3 years, during which term he
shall not be ,it liberty to resign his office or to withdraw himself
form the duties thereof, except as is hereinafter provided.
(77) In case any native. reventie officer who has completed his
period of 3 service is desirous of continuing to serve in the
same capacity, he shall be at liberty to engage and bind himself for
a further terin of 3 years on similar terms and conditions, and shall
take the oath or make the declaration prescribed by sub-section (5) :
Provided always that his re-enlistinent is approved by the Superin-
tendent.
Isub-section (8), rel). No. 43 of 1911]
(9) Any native revenue officer shall be entitled to claim his dis-
charge at any titne on his giving to the Superintendent 3 months~
notice of his wish to withdrw and paying a slim equivalent to 2
months' pay for each unexpired year of his term of appointment
Provided always that it shall be. lawful for the Governor to remit
the whole or any part of the said sum.
(10) Whenever any native revenue officer, having duly engaged
and bound himself to serve in that office, deserts tberefrom or refuses
to perform his duty therein, he shall, on suniniary conviction, be
liable to a fine not exceeding .200 dollars.
(11) Any native revenue officer imprisoned for default of payment
of a fine imposed under the preceding sub-section, shall forfeit all
pay during his imprisonment.
(12) The, Superintendent shall, in ease of breach of discipline or
neglect of duty by any native revenue officer, on proof thereof to his
satisfaction, have power to order the offender to forfeit a sum not
exceeding 10 dollars.
(13), All sum forfeited urider the preceding sub-section shall be
paid into the Treasury, and shall be applied to stich purposes in
connection with the linports andOffice as the Governor
may direct.,
(14) Every revenue officer when acting, against any person under
this Ordinance shall declare his office and prodiwe his badge of office
to such person.
(15) Any revenue officer who reftises or neglects without reasonable
cause to return his badge to the Stiperintendent in contravetion of
this Ordinance, sba,ll be liable to a fine not exceeding .50 dollars, or
to imprisonment for any terin not exceeding 3 months.
67.-(1) All police officers shall have the powers of a revenue
officer under this Ordinance.
(2) Every police officer wilel, acting agairist any person tinder this
Ordinance shall, if not lit oniforin, declare his office and prodnee
to the person against whom he is acting. such badge as the Captain
Superintendent of Police inay direct to be carried by police officers
when employed on special service.
68.~(1) Every person from any ship or entering the
Colony by land accompanied by any goods or baggage shall
(a) on demand by any rexenue or police officer either permit his
goods and baggage to be. searched by sneli officer, or together with
such goods and baggage accompany such officer to a police station
and there permit his goods and baggage to be searched by any re-
venue or police officer in the presence and tinder the supervision of
a European police officer or other police officer not below the rank
of sergeant. If the person landing is ol' European race the demand
aforesaid shall be made by a European officer,
(b) on demand by any European revenue or police officer or other
police officer not below the rank of sergeant, permit his goods and
baggage to be searched by such police officer or by any revenue
officer in the presence and under the supervision of such police
officer :
Provided always that the goods and baggage of any person who
claims to be present when they'are searched shall not be searched
except in his presence.
As amended by No. 16 of 1912.
As arnended by No. 17 of 1912 and _No. 43 of 1912 Supp. Sched.
(2) Any person who refuses to comply with any lawful demand
under this section may be arrested without warrant by the officer
making the demand.
69. Any box, chest, package-, or other article (not being passen-
ger's baggage accompanied by the owner) which is being landed
or has been recently landed from any ship, or which is nil or upon
any ship (not being or having the stattis of a ship of war), islet,
landim, 1 lace, wharf, warehouse, or place adjoining any wharf and
used in connection therewith, or which is being removed from any
such ship, islet, or other place, or which is beinla brought into or
has recently been brought into the Colony by land,-
(a) inay be examined and searched by any revenue officer, and
rnay be detained until any person in charge thereof shall have open-
ed the same to adinit of such examination and search, and in default
oV such examination may be removed by such officer to a police statiun;
(b) nnay be broken open by the orders of any European police
officer or other police officer not below the rank of sergeant to
facilitate stich examination and search, provided that any person
In charge or possession or stich box, chest, package, or other article
shall be aHorded every reasonable. facility for beinler Ixesent at such
breaking operj, examination, and search.
70. No search of goods or baggage shall be made wider the pro-
visions of the two In-eceding sections unless there is reasonable cause
to sospect that sneh goods or bag. age contain dtitiable liquors or
denatured spirts.
71. Any revenue officer may board any ship, not being or having
the statils of a ship of war, and remain on board as long as such
ship reinalins in the waters of the Colony.
71-M Any revenue officer rnay arrest ivithout warrant,-
(a) any person fotind committing or attempting to commit, or
employing, alding or assisting any person to commit, an offence
against this Part or Part Ill- of tblis Ordinance, or lgainst any of
the provisions of any of the Ordinances following, namely :-The
Military Stores (Exportation) Ordinance, 1.862, the Dangerous Goods
.Ordinance, 1873., the Ships (Prohibition of Sale of Liquor) Ordi-
nance, 1886, the Gambling Ordinance, 1891, the Arms and Am-
m-unitian Ordinance, 1900, the Pharmacy Ordinance, 1908, the
As anxended by No. 17 of 1912.
As ainended by No. 16 of 1912, No. 31 of 1912 and No. 43 of 1912,
Foreign Copper Coin Ordinance, 1912, or any Ordinance amending
any of these Ordinances.
(b) any person whom he may reasonably suspect to have in his
possession ally intoxicating liquors, denatured spirits, or other
articles subject to forfeiture under this Part or Part 111 of this
Ordinance.
(2) Every person. so mrested shall, together with any article as
to which an offence may have been committed or attempted to have
been committed, be taken to a police station.
73. If any search made without warrant under this Ordinance is
unsuccessful and there is no reason to suppose that any intoxicating
liquors, denatured spirits, or other articles liable to forfelture under
this Ordinance have been thrown away or otherwise disposed of in
order to avoid detection, the Superintendent shall repack or cause
to be repacked any goods unpacked during stich search and shall
inake good any dainage caused thereby. In the event of any dis-
pute as to the amount of damage to be made -nod by the Super-rll-
tendent not being settled within 24 hours from the time of suell
dispute first arising, such arnount shall be ascertained by a 'Magis-
trate, and the Superintendent shall pay such aniomit so ascertained
iminediately upon prodiletion by the ao. rieved person of a certificate
tg
thereof under the band of the 'Alagistrate.
PART 111.
TVarraiits, Proceedings, Offeitces, Petiallies, aod Forfeitiires.
74. Whenever it appears to any Alagistrate upon the oath of any
person of repute that there is good cal-ise to believe that there are
in any building, vessel (not being or having the status of a ship of
war), or place any intoxicating liquors or denatured spirits or other
articles subject to forfeiture as to which an offence has been or is
about to be committed against any of the provisions of this Ordi-
nance., such Magistrate may, by warrant directed to ,iny European
police or revenue officer, empower such officer, with such assistants
as may be necessary, by day or night-
(1) to enter a.nd if -necessary to break into such building,, vessel,
or place and to search for and take possession of any such intoxica-
ting liquors, denatured spirits, or other articles ;
* As amended by No. 43 of 1912 Supp. Sched.
f As amended by No. 50 of 1911, No. 51 of 1911, No. 16 of 1912
and No. 48 of 1912 Supp, Sched.
(2) to arrest any person who appears to have such intoxicating
liquors, denatured spirits, or other articles in his possession, custody
or control.
75. All convictions and fines and penalties under this Ordinance
shall be had and recovered summarily, but proceedings for the
recovery of any such fine or penalty shall be commenced within 6
months after the offence was committed.
76-(1) The Magistrate may adjuidicate any portion not exceed-
ing half of a fine under this Ordina:nce to the informer.
(2) All articles seized and forfeited under this Ordinance shall be
.sold, or if iinsaleable shall be destroyed or otherwise disposed of by
the Superintendent.
77. On any trial before any -Magistrate, and in any proceedings
on appeal in the Supreine Court relating in any of the above cases to
the seizure. of articles under this Ordinance, it shall be lawful for
such Magistrate or Court, and such -Magistrate or Court is hereby
required, to proceed to such trials and to the hearing of such appeals
on the merit-, of the case only without reference to matters of form,
and without enquiring into the. inanner or forin of making any
seizure, excepting lit so far as the nianner or form of seizure may
be evidence on such merits.
78. Every requisition received and a copy of every permit issued
by the Superintendent shall be entered in the Superintendent's office
in a book or books, and the production of any extracts from the-said
books or of any certificate as to requisitions for and grants of permits
certified or purporting to be certified tinder the hand of the'Superin-
tendent shall on the trial of any person charged with an offence
tinder this Ordinance be proof of the facts set out in the said extracts
and certificates till the contrary Ce shown by or for the person so
charged, and the absence of requisitions and of copies of permits
from the said books shall be proof till the contrary is shown, that
application has not been made for the permit required and that the
permit has not been issued.
79. The Magistrate hearing any charge under this Ordinance may
require the Government Analyst to report oir any technical point,
* As amended by No. 16 of 1912 and No. 17 of 1919.
f As amended by No. 16 of 1912.
As amended by No. 8 of 1912,
and may order the payment of the fees due in respect of the
Analyst's report by the defendant. in addition to any other penalty,
and such fee shall be recoverable in the same way as a penalty
imposed under this Ordinance is recoverable.
80. At the hearing of any charge under this Ordinance the pro-
duction of a certificate purporting to be signed by the Government
Analyst shall be sufficient evidence of the facts therein stated, unless
the defendant requiries the Analyst to be called as a witness; but if
the defendant shall require the Analyst to be called 1 lie Magistrate
may order him in addition to any other penalty to pay a fee of $25
for the attendance of the Analyst such fee to be recoverable in the
sanie way as a penalty imposed under this Ordinance is recoverable.
81. It shall be lawful for the Governor to suspend or stop any
prosecution or proceeding instituted or proposed to be rinstituted
under this Ordinance and to direct the refund of the whole or ally
part of any fine or penalty, and the restoration of the whole or any
portion ol any articles ordered to be forfeited to any perso-ii from
whom the same way have been taken.
82. Except as hereinafter mentioned no information laid under
this Ordinance shall be admitted in evidence in any civil or criminal
proceeding whatsoever, and no witness shall be obliged or permitted
to disclose the name or address of any informer under this Ordi-
nance or state any inatter which might lead to his discovery.
Moreover, if any books, documents, or papers which are in evidence
or liable to inspection in any, civil or criminal proceeding whatsoever
contain any entry In which any informer is named or described, or
which might lead to his discovery, the Court shall cause all such
passages to be concealed from view or to be obliterated so far as
may be necessary to protect the informer from. discovery but no
further. But if on the trial of any offence under this Ordinance
the Magistrate after full enquiry into the case believes that the
informer wilfully made in his information a material statement
which he knew or believed to be false or did not believe to be true,
or if in any other proceeding the Magistrate is of opinion that justice
cannot be fully done between the parties thereto without the dis-
covery of the informer, it shall be lawful for the Magistrate to
require the production of the original information and permit inquiry
and require full disclosure concerning the informer.
As amended by No. 8 of 1912 and No. 16 of 1912.
83-(1) Whenever two or more persons are charged with any
offence against this Ordinance the Magistrate may permit any of
theni to give evidence for the. prosectition.
(2) Every person so permitted to give evidence who shall in the
opinion of the -Magistrate make true and full discovery of all things
as to whicb he is lawfully exanilited, shall be entitled to receive a
cerificate of indemnity tinder the hand of the Magistrate trate s ing
that he has inade a true and full discovery of all things as to which
he was examined and such certificate shall be a bar to all legal
proceedings hint in respect of all such things as aforesaid.
(3) Provided always, that any person charged with an offence
againt this Ordinance may, if lie thinks fit, tender himself to he
examined in his own behalf, and thereupon inaly give evidence in
the sanie inanner and with the like effect and consequences as any
other witness.
Ls, 84, rel). -XL10. 8 of 1912' S. 8.2.1
85. person who linports, or al(ls, abets, procures or is in-
terc.sted or coneerned in, or knowingly derives any profit froni the
irriportation of -anyH(Inors or denatured spirits contrary
to the provisions of this Ordinance, shali be guilty of an offence.
86. Every person who contrarN, to the provisions of this Ordinance
receives into or has in. his possession, ckistody, or control any in-
toxicatitilg liquors on wbich the duty leviable by law shall not be
proved to have been paid, or which bave bven illegally imported,
made, ol. prepared, shall be gullty of in offi-nce : Provided that no
1)oi,soii sliall be convicted under this section if lie proves to the
sat's faction of the Co[ii.t before which he is tried that he had good
stifficlent reason. to believe that such duty liad been paid or that
auxh inrowzixating liquors had been legally imported or legally
manufactured.
87. Fvery person who delivers any requisition or supplies any
particidars, returns or account, or other written statement required
by this Ordinalice shall, If such requistition particulars, return,
account or written statement be false or incorrect either in whole
As amended li.~ No. 50 of 1911, io. 16 of 1912, N-o. 176 of 1912
and No. 43 of 1912 Supp. Sched.
As amended 1) ' v _No. 16 of 1912, No. 17 of 1912 and No. 43 of 1912
Supp. Selled.
As amended by No, 16 of 1912 and No. 17 of 1912.
or in part to the knowledge of the person so making., delivering or
supplying the same, whether the same be same by him or not, be
guilty of an offence.
Is. 88, rep, No. 43 of 1912).]
89. Every omission or neglect to comply with, and everly act done
or attempted to be done contrary to, the provisions of tilis Ordinance
or permit granted or order of the Governor-in-Council issued there-
under, and any refusal to permit or obstruction of any act command-
ed by this Ordinance, and any breach on the part of a licensed person
of the terms or conditions of his licence or recognisance, shall 'be
deemed to be an offence, and for everv such offence not otherwise
specially provided for the offender shali, in addition to the lorfelture
(if any) of the article seized as hereinafter provided, be liable to the
following penalties :-
(a) for every first offence, a fine not exceeding -500 dollars, or
imprisonment for any term not exceedinle, 6 nionths;
(b) for every second offence, a fine not, exceeding 1,000 dollars, or
imprisonment for any term not exceedinley 1.2 months;
(c) for every subsequent offence, a fine not exceeding 2,500 dollars
and imprisonment for any term not execeding 1.2 months.
90. All intoxicating liquors and denatured spirits in respect of
which any offence has been committed against this Ordinance, or
against any permit granted thereunder, or any breach of the restric-
tions and conditions subject to or upon which any licence has been
granted together with any still or part thereof, vat ot. other vessel
used in distillation, wash or other materlals preparing or prepared
for the distillation of such liquors, ntensil or apparatus, or ally
vessel, package, cart, carriage, or conveyance in which the same
may be found or which may have been used in connection with such
offence, may be seized by any police or revenue officer, and all such
intoxicating liquors, denatured spirits, stills., utensils, apparatus,
vessels, packages, carts, carriages, or conveyances, as also any ship
of less thani 1.5 tons in which the same may be found, may be for-
feited.
91. All intoxicating liquors and denatured spirits, and all stills,
utensils, apparatus, vessels, packages, or conveyances, used for the
~s a~nended by No. 30 of 1911, No. 16 of 1912 and No. 17 of 1912.
As atiAetided by 'No. 16 of 1912 and --\o. 43 of 1912 Supp. Sched.
As alnended by 'No. Wof 1912.
preparation, packing, or conveyance of intoxicating liquors or de-
natured spirits shall, if found without any apparent owner, or if
unclaimed after such notice given as to a -Magistrate may stem fit,
be forfeited.
92. On the conviction of any licensed person for a second or any
subsequent offence against this Ordinance, the Magistrate may order
his licence to be forfeited, in addition to any other penalties herein-
before provided.
PART IV.
General.
93.-(1) Whenever any person to whom any licence has been
granted wider this Ordinance, or under the New Territories Regula-
tion Ordinance, 1910, or any person in charge of a general bonded
warehouse, or any licensee of a licensed warehouse, is liable under
the provisions of this Ordinance to any punishment, penalty, or for-
feiture for any act, omission, or neglect, he shall be liable to the
same punishment, penalty, or forfeiture for every similar act.
omission, or neglect of any agent or servant employed by him in
or about his licensed premises or general bonded or licensed ware-
house, and every agent or servant employed by hini in or about his
licensed premises or general bonded or licensed warehouse shall also
be liable to every punishment,, penalty, or forfeiture prescribed for
such acts, omissions, or neglect contrary to the provIisions.of this
Ordinance as fully and effectually as if such agent or servant had
been the person to whom such licence had been granted or had been
the person in charge of such general bonded or licensed warehouse.
(2) Every person employed in or about any licensed premises or
general bonded or licensed warehouse shall be deemed to have been
so employed by the person mentioned in the licence or by the person
in charge of the general bonded or licensed warehouse, as the case
may be, until the contrary be proved.
94. Every requisition required by the provisions of Part II of this
Ordinance shall contain the particulars required by the forms in the
3rd schedule and shall be signed by the person applying for such
As amended by No. 46 of 1911, No. 16 of 1912 and No. 48 of 1912
Supp. Sched.
As amended by No. 50 of 1911.
requisition or by some person duly authorised by him: Provided
that in the case of any Chinese firm such requisition shall, in addi-
tion to such signature, be stamped with the chop of such firm
95. The Governor-in- Council shall have power to make
tions for any of the following purposes
(a) to regulate the standard of quality or to determine the quality
of any intoxicating liquors or wines or spirits to be inantifactured
and sold under the provisions of this Ordinance, and to regulate tile
material to be used therein, and for the branding or labelling of such
liquors and such wines and spirits;
(b) to regulate the import and export of intoxicating liquors by
land or by sea, and the licensing of persons and ships for those
purposes
(c) to regulate the management of general bonded warehouses,
and to prescribe fees for storage in such warehouse, and to authorise
the forfeiture of any intoxicating liquors or denattived spirits not
cleared frorn such warehouse within periods to be fixed by such
regulations ;
(d) to regolate the licensing and managenient of licensed ware-
houses;
(e) to reo-tilate the manauement of distilleries and places for dis-
tilling, making, and preparing intoxicating liquors, and the safe-
guarding of the revenue to be derived froin the duty upon liquors
distilled, made, or prepared therein ;
(f) to rregulae the examination of he baggage and goods of per-
sons landing at nay port;
(g) to alter or rescind any of the forms contained in the schedules
and to substitute others therefor; and
(h) for granting -exemption from payment of duty on dutiable
goods or from any of the provisions of this Ordinance;
(i) to regulate the substances to be used and Ifle quantities thereof
for denaturing spirits ;
(j) for the supervision of the breaking down, blending, mixing,
and bottling of dutiable liquors;
(k) generally to give effect to the provisions of this Ordinance.
Asamended by No. 46 of 1911, _No. 50 of 1911, No. 16 of 1912
and No. 17 of 1912.
96. This Ordinance shall not apply to naval or military stores the
property of RIS Majesty, nor to any intoxicating liquors imported on
account of His Majest's Government or of the Government of the
Colony.
Is. 97, rep. NTo. 16 of 19112.]
98'. Theprovislons of Part 1 of this Ordinance shall not apply to
any part of the XNew Territories other than New Rowloon.
FIRST SCHEDULE.
Hongkong.
Fon,n No. 1.
LiCEXCE.
The. Liquors Consolidation Ordinance, 1911.
In consideration of the fee of dollat. paid by
license him to have stills,of gallons capacity, at
to distil spirits and to sell such spirits from this date until tile
19' in quant-ities of not less than two gallons of one liuor, at one
tinw. and not to bp01) the premises.
[ss. 3, 4.]
Hongkong.
Naille of
Has lield a licence for
Licensed House to be at No.
Its naine or sign to be
,g
Sureties
FORM No. 2.
APPIACATIOX F0R, PUBLICAN'S LICENCE.
The ]-,i'qitors Copisolidation Orditlapice, 1911.
Address
Years.
of
of
Street.
[a. 12.1
and
To the Licensing Board.
1 give notice tliat 1 intend to apply at the next Licensing Aleeting to His Majesty's
Justices of the Peace for a licence to sell by retail intoxicating liquors (except Chinese
wines and spirits) in the liouse and appurienances thereunto belonging above named,
which 1 intend to keep as an Inn or Publie-house.
Dated the day of
' 19
(Signed)
* As arnended by No. 46 of 1911.
P
We, the undersigned householders, residing at in the
said Colony, and being in no way directly or indirectly connected mith the sale of liquor
to the applicant, certify that the above-named applicant is a peroji of good fane and
reputation and fit and proper to be licensed to keep an Inn or Public-house.
Dated the day of
Hongkong.
Natne of Applicant
Address
Has held a licence for
Licensed house, to be at No.
Other business carried on
and
To the Licensing Board.
I give notice that I intend to apply at the next Licensing Meeting to His Majesty's
Justices of the Peace for a licence to sell by retail intoxicating liquors, in the house and
appurtenances thereunto be;ongjlig above named, as au Adjunct, to the business which
1 am carrying on in the said house and premises.
Dated the day of
years.
' 19 .
(Signed)
2 . .........
3 . .........
Form No. 3.
APPLICATION FOR ADJUNCT LICENCE.
The Liquors Consloidation Ordinance, 1911.
Nationalits
Sureties
of
[s. 12,]
Street.
of
Hongkong.
Licensee
No. Street
to both days inclusive. Fee, $
' 19
FORM No. 4.
PUBLICAN's LicE-,cL.
The Liquors Consolidation Ordinapice, 19n.
Sign of House
Fs. 16.]
Period of Licence, from
1 licence the above-named person to keep an Inn or Public-liouse, and to sell by retail
in such house in which lie now dis-ells and 121 the appurtenances thereunto belonging,
but not elsewhere, intoxicating liquors (except Chinese wines and spirits) during the
period above written.
Conditions.
(1) NO liquor shall be sold or drunk- upon any 1 icensed premises except between 8 a.rn.
and 12 o'clock midnight. Provided that the Governor-in-Council may by order from
time to time alter such hours as aforesaid.
(2) No disorder shall be permitted on the premises.
(3) No person shall be allowed to become drunk on th
supplied to any person who is drunk.
e premises, nor shall liquor be
* As amended by No. 46 of 1911 and No. 51 of 1911.
(4) No game of chance shall be played on the premises.
(5) A decent and suitable privy and urinal shall be maintained in a state of cleanli.
ness and good repair for the use of customers.
(6) The licensee shall not abandon the occupation of his house or permit premit other
person to become virtually the keeper thereof.
(7) The licensee shall not employ ally person to sell or dispose of any liquors outside
of his licensed premises, nor shall lie. allow or suffer any liquors to be so disposed of on
his account.
(8) The licensee excepted, no woman or girl whether belonging to the licensee's family
or not, shall be permitted to serve or act in ally capacity in the bar-room or in any
room directly opening out of the bar-room-
(9) The standard of quality of spirits as fixed by the Governor-in -Council shall be
declared on the label of each bottle.
Dated the day of
FORM NO 5
Hongkon.g.
Licensee
Business
No.
Period of Licence, from
Free $
I license the above-named Person to sell by retail intoxicating liquors. in quantities
not exceeding two gallons at one time, in the house in which he non. dwells and in the.
appurtenance thereunto belonging, but not elsewhere, as an Adjunct to the business be
carries on there and without keeping a public bar during the period above written.
.
BESTAUPANT ADJUNCT LiCENCE.
The Liqacrs Liqucrs consolidation Ordinance, 1911.
Street
to both days inclusive.
1 19 .
(Signed) Coloiiial Treasitrer.
[s. 16.]
Conditions.
(1) No bar shall be kept.
(2) Intoxicating liquois shall only be sold for consumption on the premises and only
in conjuliction with a bona fide meal for whiell a charge of at least thirty cents can be
reasonably made.
(3) Intoxicating liquors shall only be sold between the hours of 12.30 p.m. and 2.30
pan., and of 6 1),m. and 9 pan. and at no other time.
(4) No disorder shall be permitted on the premises.
(5) No person shall be allowed to become drunk on the premises nor shall liquor be
-%kIpplied to any person who is drunk.
(6) No game of chance shall be played oil the premises.
(7) A decent and suitable privy and urinal shall be maintained in a state of cleanli-
ness and good repair for the use of customers.
(8) The licensee shall not abandon the occupation of his house or permit.any other
person to become virtually the keeper thereof.
(9) The licensee shall not employ any person to sell or dispose of ally liquors outside
of his licensed premises, nor shall he allow or suffer any liquors to be so disposed of on
his account.
Dated the day of
' 19 .
Is. 16.] FORM No. 6.
HOTEL KEEPER'S ADJUNC LICENCE.
The Liquors Copisotidation Ordiumice, 1911.
Hongkong.
Licensee:
Business
No.
Fee, $
1 license the above-ininied person to sell by retail intoxicating liquol.s, in quantities
not exceeding two gallons at one tinle, in the house in which he now dwells aand in the
appurtenances thereunto belonging, but not elsewhere, as an Adjunct, to the business he
carries on there during the period above written.
(Signed) Colonial Treasurer.
Street
(1) No public bar shall be kept.
(2) Intoxicating liquor shall only be sold for consumption 011 the premises, and
(a) to persons residing at the Hotel, at, any time
(b) to persons other than residents, only in the dinging room and in conjunction
with the regular ineals of the establishment.
(3) No disorder shall be perinitted-on the premises.
(4) No person shall be allolted to become drunk on the premises, nor shall liquor
be supplied to ally person who is drimls.
(5) No game of chance shall be plaved oil the premises.
(6) A decent and suitable privy and urinal shall be maintained in a state of clean-
liness and good repair for the use of customers.
(7) The licensee shall not abandon the occupation of his house or permit any other
person to become virtually the keeper thereof.
(8) The licensee shall not employ any person to sell or dispose of ally liquors out-
side of his licensed premises, nor shall lie allow or suffer ally liquors to be so disposed
of oil his account.
Dated the day of
Conditious.
No.
Hongkong.
Fop..m No. 7.
DEALER's LiCENCE.
' 19 .
(Signed) Colouial Treasurer.
[S. 30.1
The Liquors Cousolidation Ordinwice, 1911.
is licensed to sell intoxicating Equors (Chilles. wines and spirits
excepted) by Wholesale or by the unopened bottle on tile premises known as
Conditions.
Such intoxicating liquors are not to be consumed on the premises.
No intoxicating liquors shall be sold under this licence between the hours of 10
p.m. and 8 a.m.
The licensee shall keep a book in which shall be recorded all sales of intoxicating
liquors made under this licence. Such book shall he open to inspection at all reasonable
hours by any Police Officer.
Dated this day of
Hongkong.
' 19 .
(Signed)
FORM NO. 8.
CHINLSE WINE AND SPIRIT Suor LICENCE.
Colouial Treasurer
[s. 32.]
The Liquors Collsolidation Oodinance 1911.
is licensed to sell Chinese Wines and Spirits, both by retail and
wholesale, such wines and spirits not to be consunled on his premises, at No. the
sign or shop naine of which is until the day of ' 19 .
conitious
(1) No Chiltese wines or spirits shall be sold by retail, directly or indirectly, to
persons other than Chinese.
6 a.in.
(2) None but Chinese wines and spirits shall be sold oil the premises.
(.3) No Chinesc wines, or spirits shall be sold between the hours of 10 p.m. and
(4) Any change in the place of business shall be forthwith reported to the Captain
Superintendent of Police.
(5) The licensee sahll provide adequate security , to the safisfaction of the Captain.
Superintendent of Police, for the regultu. payment for one year of the fee for this
licence.
(6) The holder of this licence shall exhibit conspicuously and permanently in front
of his licensed place of business, his name and the number and the nature of his licence,
on a sign the size and design of which shall be approved by 6he Captain Superintendent
of Police.
(Signed)
Hongkong
FORM NO. 9
TRANSFEA OF CHINESE WINE AND SPIEIT LICENCE.
Captaiti Superialepideut of Police.
[s. 32.3
The Liquors Cousolidution Ordinance, 1911.
The Chinese Wine and Spirit Licence No. granted to
transferred to who is hereby licensed to sell Chinese Wivws and Spirits,
both by retail and wholesale, such wines 'and SPirits 'lot to be consumed on the pre-
mises, at No. the sign or shop name of which is until the
day of ' 19 .
Conditions.
(1) No Chinese wines or spirits shall he sold by retail, directly or indirectly, to
persons other than Chinese.
(2) None but Chinese wines and spirits shall be sold err tile premises.
(3) No Chinese wines or spirits shall be sold between the hours of 10 p.m. and 6 a.m.
(4) Any change in the place of business shall be for. awith reported to the Captain
Superintendent of Police.
(5) The licensee shall provide adequate security, to the satisfactionof the Captain
Superintendent of Police, for the regular payment for one year ot the fee for this
licence.
(6) The holder of this licence shall exhibit conspicuously and in frosit
of his licensed place of business, his narne and 611e number Ad tile llatti- of his licence.
on a sign, the size and design of skbicIi shall be approved by the Captain Superintedent
of Police.
Dated the day of
Hougkong. FORM NO 10.
CHINESP RESTAURANT LicENCE.
The Liquors Consolidation Ordinance, 1911.
No.
Name of Licensee
Business
Sign of House
Address
Period of Licence, from
Fee, $
1 license the above-named person during tlke period set fortb above to sell by retail
to persons of Chinese race only intoxicating liquors, inquantities not exceeding t~ko
gallons at a time, ou the above- mentioned premises, to be consumed oil such premises
in connection with a bond fide mcal for which a charge of at least 30 Cents call be rea-
sonably made, or in conjunction with meals sent out from suell premises, but not
otherwise.
' 19 .
(Signed)
to
Caplain Superintendent of Police.
~s. 33.1
Conditions.
(1) No bat may be kept on the premises under G1Lis licence.
(2) No disorder shall be permitted oil the premises,
(3) No person shall he allowed to become drunk on the premises, nor shall liquor be
supplied to any person who is drunk.
(4) A decent and suitable privy and urinal shall be mailitained in a state of cleanliness
and good repair for the use of customers.
(5) The licensee shall not abandon the occupation of his houe or permit any other
person to become virtually the keeper thereof.
(6) The licensee shall exhibit conspicuously and permanently in froilt of his lecensed
place of business, his name and the number and nature of sticb licence, oil a sign, the
size and design of which shall be approved by the Captain Superintendent of Police.
Dated the . day of
' 19 .
* As amended by No. 43 of 1912.
(Signed)
Registrar General.
Hongkon.g.
New Licensee
Business
Sign of House
Address
Period of New Licence, from
Former Licensee
FoRm No. 11.
TRANSFER OF CHINESE RESTAURANT LICENCE.
The Liquors Consolidation Ordinance, 1911.
to
[a. 83.1
1 license the above-nained person during the period set forth above to sell by retail to
person, of Chinese race only intoxicating liquors, in quantities not exceedifig two
gallons at a time on the above-mentioned premises, to be consumed on such premises
in connection with a bona fide meal for which a charge of at least 30 cents can be rea-
sonably made, or in conjunction with meals sent out from such premises, but not other-
wise.
Conditions.
(1) No bar may be kept on the premises under this licence.
(2) No disorder shall be permitted oil the premises.
(3) Xo person shall. be allowed to become drunk oil the premises, nor shall liquor be
supplied to any person who is drunk.
(4) A decent and suibable privy and urinal shall be maintained in a state of cleanliness
and good repair for the use of customers.
(5) The licensee. shall not abandon the occupation of his house or permit any other
person to become virtually the keeper thereof.
(6) The licensec shall exhibit conspicuously and permanently ill front of his licensed
place of business, his liame and the number and nature of such licence, 011 a sign, the
size and design of which shall be approved by the Captain Superintendent of Police.
Dated the day of
Hongkong. FORM NO 12
EATNG-HOUSE LICENCE.
The Liquors Consolidation Ordinance, 1911.
Name of Licensee
Business
Sign of House (if ally)
Address
Period of Licence, from
Fee, $
I license the above-nained person during the period set forth above to keep nn E ating-
house (or Coffee House, or as the case may be)-at the above-mentioned Premises.
' 19
(Signed)
Warning and, Conditions.
(1) No intoxicating liquors shall be sold, served or consumed or opium smoked on such
premises.
As amended by No. 43 of 1912.
As amended by G. N. 207 of 1912.
(2) The keeper shall not perinit disorderly collduct his preimises, or suffer any un-
lawful ganies or gaining therein, or pertlik or suffer ally to to frequent such
premises or to rernain therein.
(3) This licence is liable to forfeiture on the second convicion, wthhin twelve months
of the holder for any offence.
(4) The licensee shall cause to be legibly painted or fixed and shall keep painted or
fixed, on such premises in a conspicuous place,in letters at least foru inches long, his
name followed by th words 'licensed for the sale off Refreshunents' forgether with the
number of his licence.
(5) The premises shall be closed between midnight and 6 a.m., and no meals or re-
freshments shall be suppiied during that period to any person not resident therein
Note.-Theree may be added such other conditions, if any,to this licence as the
Governor-in-Coitneil may from time to time deternime.
(Signed)
SECOND SCHEDULE.
Treasurer.
Schedide of Fee
The following fees shall be paid for the licenec.9 herein mentioned
and in the manner herein specified:-
Nature of Lirence.
Distillery Licence . ......... 400
Brewery Licence ........4M
Temporary Licence,-At the discretion of
the Governor.
Publican's Licence:-
(a.) In Victoria and in the Hill District :-(as
defined by the Public Health and Build-
inas Ordinance, 190.3)
when the rateable value of the premises is
..............Fee
under $ 2,000 ....$1,00(
4,000 ........--1,500
8,000 ........$2,000
1 . 6,000 ....$2,500
32,000 .......$,3,000
$32,000 and over .. ~3,500
licence fees shaft be at half the above
rates.
Restaurant Adjunct Licence and llotel
Keeper's Adjunct Licence:-
North of Queen's Road, Victoria,
and at Victoria Gap . $ 700
part of the Island, and in Kow-
loon and New Kowlooll . $ 400 J
Fee
Fee'. of Payment.
Annually in advance.
do.
lit
Annually in advance,
subject to the provi-
SM1l,' of the Liquors
Consolidarion Onli-
nance, 1911.
As amended by No. 50 of 1911, No. 17 of 1912 and No. 43 of 1912
Supp. Sched.
Nam,re of Licence. Fee.
1Rernoval Licence ....* 20
Note-If tile new premises are of a higher
annual valuafion than those from
which the licence is renloved zt pro-
portionate part of the extra fee, if 1
ally, payable in respect of such
difficrence of valuation must also he
paid.
Transfer of Publican's Licence . S 200 1,: advance.
Transfer of Adjunct Licence S 40
Dealer's Licence .....$ 1,000 Annually in advance.
Chinese Wine and.Spirit Shop Licence :-
a.) City of Victoria West of the line
formed by the Albany NtAlah,....S (b.) City of Victoria East of the line
formed by the Albany Null,
(c.) Quarry Bay from Tsat Tsz Mui
Police Station to the S.E. bound-
ary of Shankiwan TAI.L. i,...S
d.) Shaukisvan, from the S.E. hound-
ary of Shaukiwan M.L. 1 to the
houndary of War Depnrtment
land East of All Kung Ngant ' $
(e.) Aberdeen and Aplichau . .. ... 5 (.f.) Tsim Sha Tsui, Yaumait and Hung-
born, and that portion of the K.W_
loon Peninsula which is south
of a line drawn from Nutiall
Street, Moll- Kok Tsui, to the
centre of the road between K.M2.
Lots 52 and 53 at Slick Shan, ..` (g.) Sham Shui Po and the remaining
portion of Kowloon. not included
under (f) . ...........................
(h.) Kowloon City and the remainder
of New Kowloon ..$
Chinese Restaurant Licence :-
when the valuation of the premises
occupied is-
under $500 . ........ 300 Annually in advance.
,~500 or over, but under $2,000 600 j
$2,000 or over ...... 9M
Man?wr of Payment
lit advance.
650
550
40011
403,50 ~QLiarterly instal ments,
ill advance.
400
350
Eating-houses (where no intoxicating
liquors are sold)
in Victoria,
elsewhere . .............
Canteen Licence . ..............................
201
5 Annually in advance,
THIRD SCHEDULE.
FoR-,~i No. 1. [s. 46.]
Application for Pennit, and Perniit to land or more Duty-paid Liquors
SIR,
land
1 hereby declare that 1 wish to move on the day of
between the hours of a.rn. and P.111. the liqtioi,: deseribed llereund
froni
19
landing
1 hereby grant permission for the removal of the liquors described above flig. dutic
on whicb have been duly paid.
and Office.
NOTE-1f thiS, perinit is not loade USe of on the day in respect of which it is issued,
must be returned within 24 hours to tbe office of the Superintendent of Imports and
Exports.
Forni No. 2. [ss. 4G and 60.1
Application for Pertktit, and Pernit to laud or move Duliable Liquors.
1 hereby declare that 1 wish to -land on the day of 19
move
between the hours of a.m. the liquors described bereuilder
from
Warehouse at
and to store the saine in the
DESCRIPTIONOF LIQUORS
Marks on casks, Quantits
cases, ete,
Permission is hereby granted for landing of the liquors described above provid
removal
that the said liquors shall be immediately stored in the
Warehouse at
As amended by No. 46 of 1911.
r
Superintendent,
Imports and Exports Office.
FORm No. 3. [a. 49.1
Application for Permit, and Permit to export Dutiable Liquors. *
SIR,
1 hereby declare that 1 wish to move from
Warehouse at
, 191 , between the hours of
dutiable liquors described below -for -export tc--
as ships' stores
Tile said liquors are being consigned to
DESCRIPTION or LiQuoRs.
Exporters.
PPermission is herehyto move the above-mentioned liquors for export in the
11E2ner described.
Superintendent,
Imports and Exports Office.
NOTE-If thiS perinit is not made use of oil the day in respect of which it is issued.
ib must be returned withiri 24 liours to the office of the Superintendent of Imports and
Exports.
FOP1st No. 4.
Application for Permil. and Permit ot land or move Denatured Spirits.
SIn,
1 hereby declare that I Wish to land oil the (lay of
move
between the hours of a.m. and p.m. from
the denatured spirits described below.
Applicant.
I hereby give permission landing of the denatured spirits described above.
Superintendent,
Imports and Exports Office.
Form No. 5
Form of Receipt of Duty under section 48.
[s. 48.1
Audit No
I the Superintendent of Imports and Exports hereby acknowledge the receipt from
of the sum of dollars
4s amended by No. 46 of 1911.
and cents
being the ainount payable as duty on the liquors described below which are now stored at
E3WD4I5P5IONOR LIUORS:
Nature of Marks on casks, No of Dut per Total
Liquors. cascs, dc. gallons. gallon. duty.
Date Superintendent of Imports and Exports.
A.B. of whose
photograph is hereto attaclied is hereby appointed to be a Revenue Officer uuder tbe
Liquors Consolidation Ordinance, 1911, and is duly vested with all the rights powers and
iniumnities of sneli office under the provisions of the said Ordinance from this date until
the day of
FORM No. 6.
Appointment of Uccenue Officers under section 66 (1).
Date
' 19 .
Superintendent of Import ond Exports,
[4th sched., rep. No. 16 of 1912.]
FIFTH SCRLDULE. Ls. 66 (5).]
EXAMINATIONS OF A CANDIDATE, FOR THE POST OF NATIVE
REVEXUE OFFICER.
Questious.
1. Name.
2. Age.
3. Where born.
4. Trade or calling
5. Single or married.
6. Number of children.
7. What previous service under Government.
8. When discharged.
9. And why.
10. With whoni last employed.
11. And where.
12. What Chinese dialects can you speak.
Dated the dav of
Approved for medical examination.
Dated the day of
(Signed)
(Signed)
As arineDded by No. 46 of 1911.
As autended by No. 43 of 1912 Supp. &11ed.
Answers.
7 19
' 19 .
Candidate.
Superintendent.
MEDICAL CERTIFICATE.
1 herebv certifv that 1 have examined the above candidate as to his
health and bodily stregth, and that I consider him for service
as a Native Revenue Officer.
Dated the day of
' 19
(Signed)
Principal Civil Medical Officer.
SIXTH SCREDULE. Is. 66 (5). ]
EXAMINATWS AND OATH BEFORE A MAGISTRATE.
Questiopis to be put separately by the Magistrate to a person
engaging to serve as a Native Revemie Officer.
Qaestions. Answers.
1. What is your nanle?
2. Ill what place were you born ?
3. What is your trade. or calling ?
4. Have you any disability or disorder is-hich impedes the free use
of your limbs or unfits you for ordinary labour?
5. Are you willing to serve as a Native Revenue Officer for the term
of years from
1, make oath that the above questions have been separately
put to nie, that the anssvers thereto have been read over to me, and
that they are the same that 1 gave and are true.
1 also make oath that I will welland faithfully serve His Majesty
His Heirs and Successors, for the term of years as a Native
Res-enue Officer.
(Signed)
(Signed)
Candidate,
Witness.
Sworn before me at Victoria, HOngkong this
19
(Signed) .
1, solemmly sincerely, and truly declare that the above
questions have been separately put to me, that the answers thereto
have been read over to me, and that they are the same that I gave and
are true.
Magistrate.
DE1CLARATION IN LIEU OF OATH.
I also solemmly, sincerely, and truly declare that 1 will well and
faithfully serve His Majesty, His Heirs and Successors, for the term
of as a Native Reverlue Officer.
(Signed)
(Signed)
Candidate.
Witness.
Declared before we at Victoria, Hongkong, this dax. of
(Signed)
19 .
Magistrate.
short title . Interpretation of terms. prohibition of distilling without licence ; and issure of distilling licence . Issue of free licence for apothecary , chemist, or druggist ot have still of 8 gallons capacity . distilling etc. , adulterated liquor . Prohibition of sale of liquor without licence . Wholesale and retail sale of liquor . issue of temporary licence. Application for licences to be made to licensing board. Mode of election of licensing justices. mode of deciding application . Application for publican's or adjunct licence . Decision of board subject to appeal to governor-in-council . Applications refused not to be renewed whithin 12 months . Advertisemetn fo application . Issue fo licences and fees. duration of licences. transfer fo licence . Provision for case fo death or insolvency of licensee. Removal fo business . Affixign of sign by licensee, etc. conditions relaitng to business. restriction of right of action for liquor sold . Prohibition of takding pledge for liquor . Measures or weights for sale of liquor. Power to suspected premises . Drinking in unlicensedjplace. prohibition of payment of journeyment , etc, at place where liqour is sold . Gerneral powers fo police. Issue fo dealeers' licences. Making of regulations and conditions. Issue and transfere of chinese wine and spirit shop licence . applicaions for chinese restaurant licences. eating -houses . Prohibition of disorderly conduct in licensed eating-house . Brewery licences. Savign as to sale of liquor by licensed auctioneer . regislative council may alter licence fees . Governor-in-council may create new forms of licence. Provision for transfer fo duties . Duties . when contracts have been entered into before 17 th september , 1909, amoundt fo duty to b eadded to price . Provision for contracts for sale of goods duty paid when duties altered or repealed . restrictions on import and export. Shipmaster only to allow discharge of dutiable liquors to warehouse . dutiable bonded liquors not to be removed form ship without a permit, except by keeper of bonded warehouse. Issue of permit in cases where duty is paid before removal . Iissue of permit for removal to bonded warehouse. Denatured spriits not to be removed form ship without a permit , except by keeper of bonded warehouse. receipt by superintendent for all duty paid . Removal of dutiable liquors for exportation . Form of permit and endorsement by master ro mate. Permit may be refused until 72 hours before ship leaves . Dutiable liquors not to b eremoved for export except in closed cases dutiable liquors to be marked for export . master owner or agent of ship to furnish perticulars of import . Owner or agent of ship to furnish particulars of export. Permit not used to be returned in 24 hours . Liquors shipped under a permit not to be relanded . General bonded warehouses . licensed warehouses. inspection of warehouses. Prescribed books to be kept. Possession and storages of dutiable liquors . unlawful possession . Sale and purchase. Removal . Deficiency of dutiable liqu7ors in a bonded or licensed warehouse. Restrictions on making and preparing liquors . No. 34 of 1919, s, 6. ordinance not to apply to distillation for medical purposes . No.12 of 1908. Licensed jperson to give amount of stocks : no . 34 of 1901 , s. 6. And permit entry . Licensed person not to keep dutiable liquors on the premises . Revenue officers. [cf. No. 3 of 1890 a. 57.] penalty for refusing or neglecting to return badge. Powers of police officers . Search of baggage and goods. esamination of articles on ship , wharf , etc. no search except where reasonable cause fo suspicion . Revenue officer may board ship . Revenue officer may arrest without warrant in certain circumstances. Np . 1 fo 1862. No . 1 of 1873. No . 11 of 1886. no . 2 of 1891. no. 2 fo 1900. no . 12 of 1968. no. 9 fo 1910. No . 11 of 1912 . If unsuccessful search made compensation to be paid . Issue of search warrant by magistrate . recovery of fines and forfeittures . Adjudication of fine and disposal of forfeited articles . Manner of seizure not to be enquired into by court . Extracts from register fo requisitions and permits to be evidence . Magistrate may request analyst to report on technical points . certificate of analy st to be sufficient evidence. Governor may shop proceeding and order restitution of articles forfeited . Protection of informeers from discovery . examination of accused persons . Indemntiy if true and full discovery made . Illegal importing of intoxicating liquors or denatured spirits . Illegal possession of intoxicating liquors not duty paid or illegally imported, made or prepared. Making false requisition , return , etc,. other penalties . Forfeitures. Unclaimed articles to be forfeited . forfeiture of licence. Responsibility for acts of agents and servants, no . 34 of 1910 , s , 6.presumption of employment . Contents and sitgnature of requisitions. power to make regulations. exemption of naval and military stores,, etc. application of part I .
Abstract
short title . Interpretation of terms. prohibition of distilling without licence ; and issure of distilling licence . Issue of free licence for apothecary , chemist, or druggist ot have still of 8 gallons capacity . distilling etc. , adulterated liquor . Prohibition of sale of liquor without licence . Wholesale and retail sale of liquor . issue of temporary licence. Application for licences to be made to licensing board. Mode of election of licensing justices. mode of deciding application . Application for publican's or adjunct licence . Decision of board subject to appeal to governor-in-council . Applications refused not to be renewed whithin 12 months . Advertisemetn fo application . Issue fo licences and fees. duration of licences. transfer fo licence . Provision for case fo death or insolvency of licensee. Removal fo business . Affixign of sign by licensee, etc. conditions relaitng to business. restriction of right of action for liquor sold . Prohibition of takding pledge for liquor . Measures or weights for sale of liquor. Power to suspected premises . Drinking in unlicensedjplace. prohibition of payment of journeyment , etc, at place where liqour is sold . Gerneral powers fo police. Issue fo dealeers' licences. Making of regulations and conditions. Issue and transfere of chinese wine and spirit shop licence . applicaions for chinese restaurant licences. eating -houses . Prohibition of disorderly conduct in licensed eating-house . Brewery licences. Savign as to sale of liquor by licensed auctioneer . regislative council may alter licence fees . Governor-in-council may create new forms of licence. Provision for transfer fo duties . Duties . when contracts have been entered into before 17 th september , 1909, amoundt fo duty to b eadded to price . Provision for contracts for sale of goods duty paid when duties altered or repealed . restrictions on import and export. Shipmaster only to allow discharge of dutiable liquors to warehouse . dutiable bonded liquors not to be removed form ship without a permit, except by keeper of bonded warehouse. Issue of permit in cases where duty is paid before removal . Iissue of permit for removal to bonded warehouse. Denatured spriits not to be removed form ship without a permit , except by keeper of bonded warehouse. receipt by superintendent for all duty paid . Removal of dutiable liquors for exportation . Form of permit and endorsement by master ro mate. Permit may be refused until 72 hours before ship leaves . Dutiable liquors not to b eremoved for export except in closed cases dutiable liquors to be marked for export . master owner or agent of ship to furnish perticulars of import . Owner or agent of ship to furnish particulars of export. Permit not used to be returned in 24 hours . Liquors shipped under a permit not to be relanded . General bonded warehouses . licensed warehouses. inspection of warehouses. Prescribed books to be kept. Possession and storages of dutiable liquors . unlawful possession . Sale and purchase. Removal . Deficiency of dutiable liqu7ors in a bonded or licensed warehouse. Restrictions on making and preparing liquors . No. 34 of 1919, s, 6. ordinance not to apply to distillation for medical purposes . No.12 of 1908. Licensed jperson to give amount of stocks : no . 34 of 1901 , s. 6. And permit entry . Licensed person not to keep dutiable liquors on the premises . Revenue officers. [cf. No. 3 of 1890 a. 57.] penalty for refusing or neglecting to return badge. Powers of police officers . Search of baggage and goods. esamination of articles on ship , wharf , etc. no search except where reasonable cause fo suspicion . Revenue officer may board ship . Revenue officer may arrest without warrant in certain circumstances. Np . 1 fo 1862. No . 1 of 1873. No . 11 of 1886. no . 2 of 1891. no. 2 fo 1900. no . 12 of 1968. no. 9 fo 1910. No . 11 of 1912 . If unsuccessful search made compensation to be paid . Issue of search warrant by magistrate . recovery of fines and forfeittures . Adjudication of fine and disposal of forfeited articles . Manner of seizure not to be enquired into by court . Extracts from register fo requisitions and permits to be evidence . Magistrate may request analyst to report on technical points . certificate of analy st to be sufficient evidence. Governor may shop proceeding and order restitution of articles forfeited . Protection of informeers from discovery . examination of accused persons . Indemntiy if true and full discovery made . Illegal importing of intoxicating liquors or denatured spirits . Illegal possession of intoxicating liquors not duty paid or illegally imported, made or prepared. Making false requisition , return , etc,. other penalties . Forfeitures. Unclaimed articles to be forfeited . forfeiture of licence. Responsibility for acts of agents and servants, no . 34 of 1910 , s , 6.presumption of employment . Contents and sitgnature of requisitions. power to make regulations. exemption of naval and military stores,, etc. application of part I .
Identifier
https://oelawhk.lib.hku.hk/items/show/982
Edition
1912
Volume
v2
Subsequent Cap No.
109
Cap / Ordinance No.
No. 9 of 1911
Number of Pages
46
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LIQUORS CONSOLIDATION ORDINANCE, 1911,” Historical Laws of Hong Kong Online, accessed January 11, 2025, https://oelawhk.lib.hku.hk/items/show/982.