港史文本 - HK In Texts: Government Gazette Supplementary | 政府憲報副刊

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 1.-The following Bills are published for general information:-

(C.S.O. 3145/1926).

[No. 29-23.12.35.-9.]

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

Telecommunication.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

Part I.

Short title.

Interpreta- tion.

PRELIMINARY.

1. This Ordinance may be cited as the Telecommunication Ordinance, 1936.

2. In this Ordinance, unless the context otherwise requires-

(1) Telecommunication" means any telegraphic or telephonic communication of signs, signals, writing, facsimiles and sounds of any kind, by wire, wireless, or any other system or process of electric or visual signalling or by means of pneumatic tubes.

(2) "Telegraph" means any electric, galvanic or magnetic telegraph, and includes appliances and apparatus for trans- mitting, receiving or making telecommunication, but does not include electric appliances and apparatus, other than radio, the operation and scope of which is limited to communications concerning the affairs of the sender or receiver thereof and confined to a single messuage or tenement or works area.

(3) "Telegraph officer" means any person employed, either permanently or temporarily, in connection with a telegraph established, maintained or worked by the Govern- ment or by a person licensed under this Ordinance.

(4) "Telegraph line" means any wire or wires used for the purposes of telecommunication, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same.

(5) "Message" means any telecommunication sent by telegraph or handed to a telegraph officer to be sent by telegraph or to be delivered.

(6) "Post" means a post, pole, standard, stay, strut or other above-ground contrivance for carrying, suspending or supporting a telegraph line.

(7) "Licensed person" means a person holding a licence granted by the Governor in Council under section 3 or section 30.

Part II.

PRIVILEGES AND POWERS OF THE GOVERNMENT.

3.-(1) Within the Colony the Governor in Council shall Exclusive have the exclusive privilege of establishing, maintaining and privilege in working telegraphs.

respect of telegraphs and power

licences.

(2) The Governor in Council may grant a licence, on such to grant conditions and in consideration of such payments as he thinks fit, to any person or to the representative for the time being in the Colony of any corporation or administration to establish, maintain or work a telegraph within any part of the Colony, and to place, lay, carry or maintain any posts, cables or wires for the purpose of such telegraph in, along, through, across or under any roads or other property vested in the Crown.

Ordinances

(3) The provisions of this Ordinance shall not apply to Exemptions. the case of any telegraph erected or maintained by the Naval, No. 9 of Military or Air Force authorities or to the concession granted 1925, No. 9 by Ordinance to the Hong Kong Telephone Company Limited. of 1930 and

No. 14 of 1935.

4.-(1) On the occurrence of any public emergency or Power in in the interest of the public safety the Governor or any officer Government specially authorized in this behalf by the Governor may-

to take possession of licensed

(a) take temporary possession of any telegraph establish- telegraphs ed, maintained or worked by any person licensed under this Ordinance; or

(b) withdraw either partially or totally the use of any telephone trunk line or exchange system from any person or class of persons or from the public at large; or

(c) order that any message or class of messages to or from any person or class of persons or relating to any particular subject, brought for transmission by or trans- mitted or received by any telegraph, shall not be transmitted or shall be intercepted or detained or shall be disclosed to the Government or an officer thereof mentioned in the order.

(2) If any doubt arises as to the existence of a public emergency or whether any act done under sub-section (1) was in the interest of the public safety, a certificate, signed by the Governor within fourteen days from the taking of such temporary possession, and delivered to the person in charge of the telegraph, shall be conclusive proof on the point.

and to order

interception of messages.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　production telegraph line or any apparatus for radiocommunication, used for the sending or receipt of messages to or from any place outside the Colony, to produce to any person named in the warrant the originals and transcripts either of all messages or of messages of any specified class or description sent or received to or from any place outside the Colony by means of any such line or apparatus, and all other papers relating to any such messages.

(2) In this section the expression "radiocommunication" shall have the same meaning as in section 27.

Protection

of certain

messages

tion within

certain

period.

(3) Any person who, on being required under sub- section (1) to produce any original or transcript of a message or any paper relating to a message, refuses or neglects to do so, shall be liable to imprisonment for any term not exceeding three months, and to a fine not exceeding five hundred dollars.

6.-(1) Whenever any message transmitted by telegraph from any place outside the Colony is received by any person, from publica- association or company in the Colony, for the purpose of publication in any newspaper, or, by printed circular or other- wise, to any limited number of persons being members of or subscribers to any such association or company, no person, whether a member of or a subscriber to such association or company or not, shall, without the consent in writing of such person, association or company by whom such message has been received, print or publish in any newspaper, or in any letter or circular or other printed or written communication, or retransmit by telegraph, any such message, or the substance thereof or any extract therefrom, until after the expiration of thirty six hours from the time of the first publication of such message by the person, association or company receiving the same: Provided always that such protected period shall not extend beyond forty eight hours from the time of the first receipt in the Colony of such message: Provided also that the publication of any similar message lawfully received in like manner by any other person, association or company shall not be deemed or taken to be a publication of such first-mentioned message within the meaning of this section.

Power to make regulations for the

conduct of telegraphs.

(2) Every message in respect of which the protection of this section is claimed shall be published with the heading "Telecommunication Ordinance, 1936" and the name of the person, association or company claiming such protection, and, shall state the date and hour of its receipt in the Colony and of its publication, and such statement shall be prima facie evidence of the times of such receipt and publication.

(3) In any prosecution under this section the production of any document which purports to be a telegraphic message duly and regularly issued by any telegraph company in the Colony on its customary form shall be prima facie evidence that the message contained therein was received in the Colony by telegraph from the place therein mentioned to the address of the person, association or company therein named, and was duly delivered in the Colony to such person, association or company.

(4) Every person who prints or publishes, or causes to be printed or published, or retransmits any matter contrary to the provisions of this section shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars.

7.-(1) It shall be lawful for the Governor in Council to make regulations for the conduct of all or any telegraphs established, maintained or worked by the Government or by persons licensed under this Ordinance.

(2) Regulations made under this section may provide for all or any of the following among other matters-

(a) the rates at which and the other conditions and restrictions subject to which messages shall be transmitted;

love

(b) the precautions to be taken for preventing the improper interception or disclosure of messages;

(c) the period for which and the conditions subject to which messages and other documents belonging to or being in the custody of telegraph officers shall be preserved;

(d) the fees to be charged for searching for messages or other documents in the custody of any telegraph officer.

(3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Ordinance, the Governor in Council may prescribe fines for any breach of the same.

(4) The fines so prescribed shall not exceed the following limits:-

(a) when the person licensed under this Ordinance is punishable for the breach, five hundred dollars, and in the case of a continuing breach, a further fine of one hundred dollars for every day after the first during the whole or any part of which the breach continues ;

(b) when a servant of the person so licensed or any other person is punishable for the breach, one-fourth of the amount specified in clause (a).

8. The Governor in Council may at any time revoke any Revocation licence granted under section 3 for good cause or on the of licenses. breach of any of the conditions therein contained or in default of payment of any consideration payable thereunder.

not respon-

9.-(1) The Government shall not be responsible for Government any loss or damage, which may occur in consequence of any sible for telegraph officer failing in his duty with respect to the receipt, loss or transmission or delivery of any message.

damage.

(2) No such officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously or fraudulently.

Part III.

POWER TO PLACE TELEGRAPH LINES AND POSTS.

Power in

Dnector of Public

10.-(1) The Director of Public Works may place and maintain, and may authorise a person licensed under section 3 to place and maintain, a telegraph line under, over, along or across, and posts in or upon, any immovable property. maintain

Works to

place and

telegraph

(2) Neither the Government nor a licensed person shall lines and by the exercise of the powers conferred by this section posts. acquire any right other than that of user only in any property over, along, across, in or upon which any telegraph line or post has been so placed.

(3) In the exercise of the powers conferred by this section the Director of Public Works and any licensed person so authorised as aforesaid shall do as little damage as possible, and when those powers have been exercised in respect of any property, full compensation shall be paid by the Director of Public Works or by the licensed person, whichever has exercised the powers, to all persons interested for any damage sustained by reason of the exercise of such powers.

Exercise

of powers conferred by section 10 and

disputes as

to com- vensation in case of property.

Removal or

telegraph

(4) The Director of Public Works or any licensed person so authorised as aforesaid may at any time for the purpose of examining, repairing, altering or removing any telegraph line or post erected or maintained by him, enter on the property under, over, along, across, in or upon which the line or post has been placed.

(5) The Director of Public Works may for the purpose of exercising the powers conferred by this section alter, or may authorise a licensed person to alter, the position of any pipe or wire, not being a main, for the supply of gas or electricity Provided that when it is desired to alter the position of any such pipe or wire reasonable notice of the intention to do so shall be given by the Director of Public Works or by the licensed person, whichever is concerned, to the person under whose control such pipe or wire is.

11.-(1) If the exercise of the powers mentioned in section 10, in respect of property referred to in sub-section (4) thereof, is resisted or obstructed, a magistrate may, on a summons taken out in that behalf, order that the Director of Public Works or the licensed person concerned shall be permitted to exercise them.

(2) If after the making of an order under sub-section (1) any person resists the exercise of those powers, or having control over the property does not give all facilities for their being exercised, he shall be deemed to have committed an offence under this Ordinance.

(3) If any dispute arises as to the sufficiency of the com- pensation to be paid under sub-section (3) of section 10, it shall, on application by way of summons for that purpose by either of the disputing parties to a magistrate, be determined by him.

(4) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interested are entitled to share in it, the Director of Public Works or the licensed person concerned may pay into the magistrate's court such amount as he deems sufficient, or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount.

(5) The magistrate, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it.

(6) Every determination of a dispute by a magistrate under sub-sections (3), (4) or (5) shall be final.

(7) Nothing in sub-section (6) shall affect the right of any person to sue for and recover the whole or any part of any compensation paid by the Director of Public Works or by a licensed person from the person who has received the

same.

12.-(1) When under the foregoing provisions of this alteration of Ordinance a telegraph line or post has been placed by the Director of Public Works or by a person licensed as aforesaid under, over, along, across, in or upon any property, and any person entitled to do so desires to deal with that property in

line or

post on property.

such manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the Director of Public Works or the licensed person concerned to remove or alter the line or post accordingly.

(2) If compensation has been paid under section 11 such person shall, when making the requisition, tender to the Director of Public Works or to the licensed person concerned the amount requisite to defray the expense of the removal or alteration or half of the amount paid as compensation, whichever is the smaller sum.

(3) If the Director of Public Works or licensed person. omits to comply with the requisition, the person making it may apply to a magistrate to order the removal or alteration.

(4) Such magistrate may, in his discretion, reject the application or make an order, absolute or subject to condi- tions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level or for the alteration of its form, and the order so made shall be final.

of trees

13. (1) If a tree standing or lying near a telegraph line Removal interrupts or is likely to interrupt telecommunication, a interrupting magistrate may, on a summons taken out in that behalf, order telecom- the tree to be removed or dealt with in such other way as he munication. deems fit.

precautions

(2) When disposing of an application under sub-section Notice and (1), such magistrate shall, in the case of any tree in existence by person before the telegraph line was placed, award to the persons clearing interested in the tree such compensation as he thinks reason- able, and the award shall be final.

(3) In the event of the owner or occupier of any land felling or clearing, or causing or allowing to be felled or cleared, any trees or vegetation, or erecting or causing or allowing to be erected any matshed, scaffolding or other structure, adjacent to any telegraph line, such owner occupier shall give to the Director of Public Works or to the licensed person concerned notice in writing of his intention so to do and shall take all such reasonable precautions as may be necessary for the protection of such telegraph line.

(4) If any such owner or occupier fails to give such notice as is required by sub-section (3), or having given notice fails to take such necessary precautions, and if damage is done to such telegraph line by the act of himself, his servants or agents, he shall be liable to pay to the Director of Public Works or to the licensed person concerned all costs and expenses that may be incurred in repairing the line and re- establishing communication.

(5) If the amount so due for costs and expenses be not paid within seven days after demand the Director of Public Works or the licensed person concerned may, upon a summons taken out in that behalf, recover such amount before a magistrate.

(6) If any trees or vegetation are felled or cleared, or if any matshed, scaffolding or other structure is erected, upon land adjacent to any telegraph line, it shall be presumed until

land.

Existing

lines and posts

deemed to be placed

ander this Ordinance.

the contrary is proved that such clearing, felling or erecting was done by the owner of the land or by his servants or agents acting as such.

14. Every telegraph line or post placed before the com- mencement of this Ordinance under, over, along, across, in or upon any property, for the purposes of a telegraph established or maintained by the Government or by a person licensed under this Ordinance shall be deemed to have been so placed in exercise of the powers conferred by, and after observance of all the requirements of, this Ordinance.

Part IV.

Establishing,

or working unlicensed telegraph or

PENALTIES.

15. Any person who establishes, maintains or works a maintaining, telegraph within the Colony otherwise than as permitted by a licence granted under section 3 or breaks any condition contained in such a licence shall be liable to a fine not exceeding one thousand dollars, and to a further fine not exceeding five hundred dollars for every week during which the telegraph is maintained or worked or the breach of the condition continues.

breaking condition

of licence.

Using such telegraphs.

Intrusion into signal-

room, tres- pass in

telegraph office, or obstruction.

16. Any person who, knowing or having reason believe that a telegraph has been established or is maintained or worked in contravention of this Ordinance, transmits or receives any message by such telegraph, or performs any service incidental thereto, or delivers any message for trans- mission by such telegraph, or accepts delivery of any message sent thereby, shall be liable to a fine not exceeding fifty dollars.

17. Any person who-

(a) enters the signal-room of a telegraph office of the Government or of a person licensed under this Ordinance without the permission of a competent authority;

(b) enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so;

(d) wilfully obstructs or impedes any such officer or servant in the performance of his duty,

shall be liable to a fine not exceeding two hundred and fifty dollars.

to learn

18. Any person who does any of the acts mentioned in Unlawfully section 17 with the intention of unlawfully learning the attempting contents of any message or of committing any offence punish- contents of able under this Ordinance, may, in addition to the fine to messages. which he is liable under section 17, be liable to imprisonment for any term not exceeding one year.

19. Any person who, intending-

Intentionally damaging or tampering

(a) to prevent or obstruct the transmission or delivery with tele- of any message;

(b) to intercept or to acquaint himself with the contents of any message; or

damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof, shall be liable to imprisonment for any term not exceeding three years and to a fine not exceeding five hundred dollars.

graphs.

20. Any telegraph officer, or any person not being a Telegraph telegraph officer but having official duties connected with any office which is used as a telegraph office, who-

officer or other official making away with or

(a) wilfully secretes, makes away with or alters any altering or message which he has received for transmission or delivery; unlawfully

intercepting

or disclosing

(b) forges or, knowing the same to be forged or wilfully messages or altered, utters any message. whether he has or has not any divulging intent to defraud;

(c) wilfully and otherwise than in obedience to an order of the Governor in Council, or of an officer specially authorized by the Governor in Council to make the order, omits to transmit or intercepts or detains any message or any part thereof or otherwise than in pursuance of his official duty or in obedience to the direction of a competent court, discloses the contents or any part of the contents of any message to any person not entitled to receive the same; or

(d) divulges the purport of any telegraphic signal to any person not entitled to become acquainted with the same,

shall be liable to imprisonment for any term not exceeding three years and to a fine not exceeding one thousand dollars.

purport of signals.

officer

21. Any telegraph officer who transmits by telegraph any Telegraph message on which the charge prescribed by the Government or fraudulently by a person licensed under this Ordinance, as the case may sending be, has not been paid, intending thereby to defraud the messages Government or that person, shall be liable to imprisonment payment. for any term not exceeding three years and to a fine not exceeding one thousand dollars.

without

Misconduct.

Sending fabricated

message.

Fraudulent

retention,

etc.,

message.

Bribery.

Ordinance

No. 1 of 1898.

22. Any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office, who is guilty of any act of drunkenness, carelessness or other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed, or any telegraph officer who loiters or delays in the transmission or delivery of any message, shall be liable to imprisonment for any term not exceeding three months and to a fine not exceeding one hundred dollars.

23. Any person who transmits or causes to be trans- mitted by telegraph a message which he knows to be false or fabricated shall be liable to imprisonment for any term not exceeding three years and to a a fine not exceeding one thousand dollars.

24. Any person who fraudulently retains or wilfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or being required by a telegraph officer to deliver up any such message neglects or refuses to do so, shall be liable to imprisonment for any term not exceeding two years and to a fine not exceeding one thousand dollars.

25. A telegraph officer shall be deemed a public servant within the meaning of sections 3 and 4 of the Misdemeanors Punishment Ordinance, 1898.

Attempts

to commit offences.

26. Any person who attempts to commit any offence punishable under this Ordinance shall be punished with the punishment herein provided for the offence.

Interpreta- tion.

Part V.

RADIOCOMMUNICATION.

27. In this Part and in any regulations made there-

under:

(1) (a) "Radiocommunication" means any telecom- munication by means of Hertzian waves.

(b) "Radiocommunication station" includes every ap- paratus or collection of apparatus which can be used for radiocommunication or radiodistribution, whether for trans- mitting or receiving or for transmitting and receiving, and whether such apparatus or collection of apparatus be complete

or not.

(2) Subject to the regulations made under section 32 nothing in this Part shall prevent any person from making or using electrical apparatus for actuating machinery or for any purpose other than the transmission or reception of messages.

28. The provisions of this Part shall not apply to officers Exemption. or men of His Majesty's Army, Royal Navy or Royal Air Force using wireless apparatus in the performance of their official duties or to apparatus so used.

communica-

29.-(1) The Governor may, whenever he deems it Licences expedient to do so, license the establishment of any radio for radio- communication station or the installation or working of any tion may be apparatus for radiocommunication in any place in the Colony granted or on board any British ship registered in the Colony.

by the

Governor.

and of

(2) The Governor may delegate his power of issuing Power of licences to the Postmaster General or to such officer or officers delegation as he thinks fit, and may appoint officers, who shall be known appointment. as wireless inspectors, for the purpose of carrying into effect the provisions of this Ordinance.

(3) Every such officer shall be deemed a public servant Bribery. within the meaning of sections 3 and 4 of the Misdemeanor's Ordinance Punishment Ordinance, 1898.

No. 1 of 1898.

30.-(1) No person shall, in any place in the Colony Licenses for or on board any British ship registered in the Colony- radiocom-

munication stations and

(a) establish, maintain, work or use a radiocommunica- for dealers tion station; or

(b) offer for sale, sell or have in his possession, whether with a view to sale or otherwise, any apparatus or material for radiocommunication,

except under and in accordance with a licence, sale permit or letter of exemption granted under this Ordinance.

(2) Every such licence, sale permit and letter of exemption shall be in such form and for such period as the Governor in Council determines and shall contain such terms, conditions and restrictions on and subject to which the licence is granted as the Governor in Council considers desirable in the public interest.

(3) Any person who is in possession of apparatus for radiocommunication shall be deemed until the contrary is proved to have worked the same.

(4) The occupier of any dwelling-house or premises in which is installed radiocommunication equipment in respect of which a licence is not in force shall be guilty of an offence against this Part.

(5) It shall be a defence to a prosecution for an offence. against sub-section (4) that the occupier was not aware, and could not with reasonable diligence have become aware, of the existence in the dwelling-house or premises of the radio- communication equipment in question.

in wireless equipment.

station or

31.-(1) If a magistrate is satisfied by information on Penalty for oath that there is ground for believing that a radiocommunica- establishing tion station has been established or is being maintained, or working that any apparatus for radiocommunication is being used or apparatus is in the possession of any person, without a valid licence licence.

without a

Regulations.

Signals of distress.

under this Ordinance, he may grant a search warrant. to any police officer or wireless inspector to enter the place or ship (not having the status of a ship of war) where it is believed that the radiocommunication station has been established or is being maintained or that apparatus for radiocommunication is being used or is in the possession of some person, and to search such place or ship, and to seize any apparatus which appears to him to have been established or maintained or used, or to be in possession of any person, in contravention of this Part, and also to seize any book or document found in such place or ship which may appear to such officer likely to be or to contain evidence of any contravention of this Part.

(2) It shall be lawful for a magistrate to order to be forfeited to the Crown any apparatus in respect to which any. offence against this Part has been committed, whether any person shall have been charged with, or convicted of, such offence or not.

32. (1) The Governor in Council may make regulations for-

(a) prescribing the forms of licences and the manner in which applications for licences under this Part are to be made;

(b) prescribing the terms, conditions and restrictions on and subject to which licences are granted and the duties of licensees;

(d) regulating the working and use of apparatus for radiocommunication;

(e) regulating the licensing of dealers in, and the sale or transfer of, wireless apparatus;

(f) prohibiting or regulating the working or using of any apparatus for radiocommunication on board any ship, whether British or foreign, while in the territorial waters of the Colony;

(g) prohibiting or regulating the working or using of any apparatus for radiocommunication on any aircraft, whether British or foreign, while in or over the Colony or the territorial waters thereof;

(h) examining and issuing certificates of proficiency to operators;

(i) ensuring the secrecy of wireless messages;

() regulating electrical interference with the working or using of any apparatus for radiocommunication;

(k) prescribing all matters which by this Part are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) No regulations made in respect of the matters described in classes (f) and (g) of sub-section (1) shall apply to the use of radiocommunication for the purpose of making or answering signals of distress.

ค

33. If on the occurrence of any public emergency, or Control in in the interest of public safety or tranquillity, the Governor emergency. in Council is of opinion that the Government should have control over the transmission or reception of messages by radiocommunication, then, after publication of notice to that effect in the Gazette and until further notice, the use of radiocommunication at any radiocommunication station and by any installation and apparatus for radiocommunication in the Colony or on any aircraft in or over the Colony and its waters shall be subject to such orders, rules or regulations as the Governor in Council may make, either before or after the occurrence of the emergency, and such orders, rules or regulations may-

(a) prohibit or regulate such use in all cases or in such cases as may be deemed desirable; and

(b) provide for-

(i) the taking possession of, the control of or the use for official purposes of all radiocommunication stations and apparatus, and the payment of compensation for any damage caused thereby;

(ii) the, stopping, delaying and censoring of all messages received, transmitted or submitted for transmission; and

(iii) the carrying out of any other purpose which the Governor in Council thinks necessary.

Provided that nothing in such orders, rules or regulations. shall apply to the use of radiocommunication for the purpose of making or answering signals of distress.

licences.

34. When an applicant for a licence proves to Experimental the satisfaction of the Governor that the sole object of obtaining the licence is to enable him to conduct experiments in radiocommunication, a licence for that purpose may be granted in accordance with the regulations made under section 33.

of magnetic

35. No person, whether holding a licence granted under Prohibition this Part or not, shall radiate electro-magnetic waves of of radiation radio frequencies which may be used for wireless telegraphy, waves. or cause or permit such waves to be radiated, so as injuriously to affect the working of any authorised radiocommunication. station or apparatus.

Part VI.

MISCELLANEOUS.

36.-(1) Every omission or neglect to comply with, and General every act done or attempted to be done contrary to, this penalty. Ordinance or any order, rule or regulation made thereunder, or in breach of the conditions and restrictions subject to or upon which any licence has been issued, shall be deemed to be an offence against this Ordinance, and for every such offence not otherwise specially provided for the offender shall, in addition to the forfeiture of any articles seized, be liable on summary conviction to a fine of one thousand dollars or to imprisonment for any term not exceeding twelve

months.

Continued validity of

(2) In the case of a conviction involving a fine the magistrate inflicting such fine may direct, on the application of the Postmaster General or other officer conducting the prosecution, that any part not exceeding one half thereof shall be paid to any person who has given such information as has led to the conviction of the offender or offenders, or if there are more than one such person may direct such part to be divided amongst them in such proportion as he may direct.

37. All ship station licences issued under the Wireless ship station Telegraphy Ordinance, 1926, shall, notwithstanding the repeal of that Ordinance, continue in full force and validity until terminated by effluxion of time or by cancellation or in some other lawful manner.

licences.

Ordinance

No. 11 of 1926.

Repeal of Ordinances No. 3 of

1894, No. 12 of 1924 and

No. 11 of 1926.

Regulations. Schedule.

Regulations

to be laid before Legislative Council.

Application

of Regula- tions of Madrid

38. The Telegraphic Messages Ordinance, 1894, the Telegraphic Messages Amendment Ordinance, 1924, and the Wireless Telegraphy Ordinance. 1926, and all Regulations made thereunder, are repealed.

39. (1) The Regulations in the Schedule shall be deemed to have been made under this Ordinance and shall be in force until altered, rescinded or amended by the Governor in Council.

(2) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making thereof; and if a resolution is passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

40. Save in so far as they are repugnant to any regula- tions made under this Ordinance, the Telegraph Regulations (Final Protocol), the General Radiocommunication Regulations Convention. (Final Protocol) and the Telephone Regulations annexed to the International Telecommunication Convention of Madrid, 1932, shall be in force in the Colony, so far as they are applicable thereto, as if such Regulations had been made under the authority of this Ordinance.

Commence- ment.

41. This Ordinance shall come into operation on such date as may be fixed by proclamation of the Governor.

SCHEDULE.

RADIOCOMMUNICATION REGULATIONS.

1. In and for the purposes of these regulations

(1)

(2)

Administration means a Government Administration.

Aeronautical service means a radiocommunication service effected between aircraft stations and land stations and by aircraft stations communicating between themselves. The term applies also to fixed and special radiocommunication services intended to ensure the safety of air navigation.

(3)

Aeronautical station means a land station performing a service with aircraft stations. It may be a fixed station assigned also for communication with aircraft stations; it is then considered as an aeronautical station only during the period of its service with aircraft stations.

(4) Aircraft station means a station placed on board any

aircraft.

(5)

Amateur station means a station used by an amateur, that is by a duly authorised person, interested in radioelectrical practice with a purely personal aim and without pecuniary interest.

(6) "

Auxiliary route " means a route other than the normal route, but passing through the same countries as the normal route.

(7) Band of frequencies of an emission means the band of frequencies effectively occupied by that emission, for the type of transmission and the speed of signalling used.

(8) Booking of a call means the first request made by the caller for an international telephone call.

(9) Call means the effect given to the booking of a call when communication has been established between the calling telephone station and the called telephone station.

(10) "Chargeable duration of a telephone call " means the period of time which serves as the basis for calculating the charge for the call.

(11) Coast station means a land station performing a service with ship stations. It may be a fixed station assigned also for com- munication with ship stations; it is then considered as a coast station only during the period of its service with ship stations.

(12) Contracting Government'' means the government of a country which is a signatory to the Telecommunication Convention.

(13) Direct call" means a telephone call established by means of a single international telephone circuit.

(14) "Direct transit circuit means an international telephone circuit passing through one or more transit countries and having no intermediate telephone exchange.

(15.) Direction-finding station " means હૈ station provided with special apparatus intended to determine the direction of emis- sions of other stations.

(16) Emergency route. means route which passes through countries other than the countries through which the normal route passes.

(17) Fixed service means a service of radioelectric com- munications of all kinds between fixed points, with the exception of broadcasting services and special services.

(18) "Fixed station" means a station not capable of moving which communicates, by means of radiocommunications, with one or more stations similarly established.

(19) "Frequency assigned to a station means the mid- frequency of the band of frequencies in which the station is autho- rised to work. In general, this frequency is that of the carrier

wave.

(20) "Frequency tolerance " means the maximum deviation permissible between the frequency assigned to a station and the actual frequency of emission.

(21) "General telecommunications system includes the whole of the existing channels of telecommunication open to the public service, except the radiocommunication channels of the mobile ser- vice.

(22) "Government telegrams and radio telegrams. originating with

(a) the Head of a State;

(b) a Minister who is a member of a Government;

means those

(c) the Head of a colony, protectorate, overseas territory or terri- tcry under suzerainty, authority or mandate of the Contracting Govern- ments;

(d) Commanders in Chief of military forces, land, sea or air; (e) diplomatic or consular agents of the Contracting Govern- ments;

()the Secretary General of the League of Nations;

and also the replies to such communications.

(23)

International service

　　　　　　　　　　means a telecommunication ser- vice between offices or stations of different countries or between stations of the mobile service, unless these latter are of the same nationality and are within the limits of the country to which they belong. An internal or national telecommunication service, which is capable of causing interference with other services. outside the limits of the country in which it operates, is considered as an international service from the point of view of interference.

(24) "International telephone circuit " means a telephone circuit connecting two telephone exchanges situated in two different countries.

(25) "Land station. means a station not capable of moving which performs a mobile service.

(26) "Mobile service" means a radiocommunication service effected between mobile stations themselves, special services exclud- ed.

(27) "Mobile station" means station capable of moving which ordinarily does move.

(28) "Normal route" means the route which must be chosen in the first place for the passing of telephone traffic in a particular service.

(29) "Power of a radioelectric transmitter supplied to the aerial.

means the power

In the case of a modulated wave transmitter, the power in the aerial is expressed by two figures, one indicating the power of the carrier wave supplied to the aerial and the other the maximum per- centage of modulation actually used.

带着

(30) Private enterprise means any individual or any com- pany or corporation other than a governmental establishment or agency, recognised by the Government concerned, and operating telecommunication installations with a view to the exchange of public correspondence.

(31) "Private experimental station" means a private station intended for experiments with a view to the development of radio- electric practice or science.

(32) "Private radiocommunication station" means a private station, not open to public correspondence, which is authorised solely

- 17

to exchange with other such stations communications concerning the private business of the licensee or licensees.

(33) "Private telegrams and radiotelegrams" means telegrams and radiotelegrams other than service or Government telegrams and radiotelegrams.

(34) Public correspondence means any telecommunication which the offices and stations, by virtue of their availability to the public, must accept for transmission.

(35) Public service means a service for the use of the public in general.

(36) "Radiodistribution" means diffusion or rediffusion by means of wires of radiotelephonic messages and programmes, or other matter specifically intended to be received by the public in general.

(37) "Radiodistribution service" means service carrying out diffusion or rediffusion by means of wires of radiotelephonic messages and programmes, or other matter specifically intended to be received by the public in general.

(38) "Radiodistribution station" means a station performing a

radiodistribution service.

(39) "Radiobeacon station" eans a special station of which the emissions are intended to enable a ship or aircraft station to determine its bearing or a direction in relation to the radiobeacon station, and, if practicable, also the distance which separates it from the latter.

(40) "Radiocommunication" means any telecommunication by means of Hertzian waves.

(41) "Radiocommunication station" includes every apparatus or collection of apparatus which can be used for radiocommunication or radio distribution, whether for transmitting or receiving or for trans- mitting and receiving and whether such apparatus or collection of apparatus be complete or not.

(42) "Radiotelegram" means a telegram originating in or des- tined for a mobile station, and transmitted over all or part of its course by the radiocommunication channels of the mobile service.

(43) "Refused call": A call is deemed refused when, at the moment at which it is offered, any person at either the calling or called telephone station indicates at once that it is not practicable or that it is not desired to speak.

(44) "Restricted service" means a service which may only be used by specified persons or for particular purposes.

(45) "Service telegrams and radiotelegrams" means those originating with telecommunication Administrations of the Contract- ing Governments or of any private enterprise recognised by one of those Governments and relating to international telecommunication or to objects of public interest mutually agreed upon by such Ad- ministrations.

(46) "Ship station" means a station placed on board a ship not permanently moored.

(47) "Special service" means a telecommunication service operating specially for the needs of a particular service of general interest not open to public correspondence, such as: a radiobeacon service, direction-finding, time signals, regular meteorological bulle- tins, notices to navigators, press messages addressed to all stations, medical advice (radiomedical consultations), calibrated frequencies emissions having a scientific object, etc.

(48) "Station on board" means a station placed on board a ship not permanently moored, or on board an aircraft.

(49) "Telecommunication" means any telegraphic or telephonic communication of signs, signals, writing, facsimiles and sounds of any kind, by wire, wireless or any other system or process of electric signalling or visual signalling or by means of pneumatic tubes.

(50) "Telecommunication Convention" means the Convention signed at Madrid on the 9th day of December, 1932, and the Re- gulations made thereunder and includes any Convention and Re- gulations which may from time to time be in force in substitution therefor or in amendment thereof.

(51) "Telegram" includes also "radiotelegram, the text expressly precludes such a meaning.

except when

(52) "Telegraph" means an electric, galvanic or magnetic telegraph, and includes appliances and apparatus for transmitting, receiving or making telecommunication, but does not include electric appliances and apparatus, other than radio, the operation and scope of which is limited to communication concerning the affairs

of the sender or receiver thereof and confined to a single messuage or tenement or works area.

(53) Telegraphy" means telecommunication by any system of telegraph signalling.

(54) "Telephone broadcasting service" means a service carrying out the broadcasting of radiotelephone emissions specifically intend- ed to be received by the public in general.

(55) "Telephone broadcasting station" means а station per- forming a telephone broadcasting service.

(56) Telephone circuit" means an electrical connexion permit- ting the establishment of telephone communication in both directions. between two telephone exchanges.

(57) "Telephone exchange" means an installation permitting the establishment of telephone calls.

(58) "Telephony" means telecommunication by any system of telephone signalling.

(59) "Terminal exchanges" means exchanges connected directly by an international circuit.

(60) "Transit call" means a telephone call established by means of more than one international telephone circuit.

(61) "Unit charge in a particular international service" means the charge proper to an ordinary call of three minutes duration ex- changed during the period of heavy traffic.

(62) "Visual broadcasting service" means a service carrying out the broadcasting of visual images, fixed or moving, specifically intended to be received by the public in general.

(63) "Visual broadcasting station" means a station performing a visual broadcasting service.

2. It shall be lawful for the Postmaster General (hereinafter referred to as "the licensing authority") to grant the following licences and certificates,-

(a) Fixed, Coast, Aeronautical, Ship and Aircraft Stations. (b) Amateur and Private Experimental station licences.

(d) Dealers licences.

(e) Operators and Watchers certificates of proficiency.

(f) Radio distribution station licences.

3. Licences and certificates of proficiency granted by the licensing authority under these regulations shall be licences or certificates, as the case may be, of the Government of Hong Kong within the meaning of any telecommunication convention from time to time or at any time acceded to by or applied to this Colony, and of any regulations made thereunder.

4. No person shall offer for sale, sell, or have in his possession with a view to sale in the course of his business any installation, mechanism, instrument, material or other apparatus constructed for the purpose of or intended to be used for radiocommunication in this

Colony, unless such person is the holder of a current dealer's licence, or is a licensed auctioneer or the holder of a current letter of exemp- tion or permit of sale granted by the licensing authority.

5. It shall be lawful for the licensing authority to grant a letter of exemption or permit of sale to any licensed auctioneer or other person upon such conditions as the licensing authority may in his discretion think fit to impose.

6. Every licensed auctioneer or person to whom a letter of exemption or permit as aforesaid shall have been granted shall duly observe and comply with the conditions thereof.

7. The grant of every licence, certificate, letter of exemption, and permit under these regulations shall be discretionary.

8. Licences, letters of exemption and permits may be cancelled at any time upon such notice by the licensing authority as he may think fit, without compensation and without return of any part of the fee, if any, paid therefor.

9. Certificates may be endorsed or withdrawn, at the discretion of the licensing authority, in case of breach, on the part of the holders thereof, of any of the relevant international telecommunica- tion regulations, or in case of misconduct by them in respect of such regulations.

10. The form of and the fee for a radio distribution station licence shall be determined by the licensing authority in each case. The forms of other licences and the forms of certificates shall be those set out hereunder with such variations (if any) as the licensing authority may think fit. Without prejudice to the generality of the foregoing words, variations necessary to cause licences and certificates to be in conformity with any telecommunication convention, or regulations made thereunder, as aforesaid, may be made by the licensing authority as well during the subsistence of any licence or certificates as on the grant thereof.

11. Licences with the exception of ship station licences not sooner determined under these regulations or not expressed to be granted for a shorter period shall expire on the 31st day of December next after the day of the date thereof. Ship station licences will continue in force as long as the renewal fees are paid and the con- ditions of the licence complied with.

This regulation shall not apply to radio distribution station licences.

12. Subject to withdrawal or other lawful determination, certi- cates shall continue in force as long as the same are required by any telecommunication convention, or by regulations made thereunder, as aforesaid.

13. The loss of any licence or certificate must be reported by the licensee or holder concerned, to the licensing authority in writ- ing, and as soon as possible.

14. In case of loss of any licence or certificate it shall be lawful for the licensing authority, in his discretion, to issue a duplicate of the licence or certificate so lost. Unless and until a duplicate of a lost licence or certificate shall be so issued, the lost licence or certi- ficate shall be deemed to have been cancelled or withdrawn.

15. The following fees shall be charged, and shall be paid to the licensing authority, in advance:

For a Fixed, Coast, Aeronautical or

Aircraft station licence....

For a ship station licence....

As may be decided by J the licensing authority.

$25.00

For an amateur and private experi-

mental station licence...

20.00

For a broadcast receiving licence...

10.00

For a dealer's licence

50.00

For a radio distribution station) As may be decided by the licensing authority.

licence

For examination fee for operators or

watchers certificates of profici-

ency:

First Class

$30.00

Second Class

20.00

Second Class (Far East Zone)) Special Class

10.00

5.00

Telephony "General"

Watchers

For a duplicate licence or revision of

the particulars, etc. of a licence (other than change of address)....

For a duplicate certificate.

1.00

As may be decided by the licensing authority.

Provided that for every licence expiring on the 31st day of December and issued in the 2nd quarter (April-June), 3rd quarter (July-September) or 4th quarter (October-Decem- ber) of any year the respective licence fees therefor, hereinbefore specified, shall be reduced by 1, or respectively, as the case may be. Provided also that no refund shall be allowed upon any licence fee or reduced licence fee prescribed by these regulations, nor shall any further or other reduction be made by the licensing authority.

16. The licensee of a ship station licence shall forthwith deliver up the licence to the licensing authority:-

(a) if the licence has been cancelled;

(b) if the licence has expired by effluxion of time;

(d) if the nationality of the ship has changed; or

(e) if the port of registry of the ship has been changed.

17. If any ship in respect of which a ship station licence shall have been granted is absent from the Colony at the time of expiry of such licence then and in such case the production of the licence which shall have so expired, or a copy certified by the licensing authority to be a true copy thereof, shall be deemed, until the next subsequent return of the said ship to the Colony of Hong Kong, to be prima facie proof that the licensee therein named is the holder of a current licence in like terms.

18. Every licensee and every holder of a certificate shall forth- with comply with any requirement of the licensing authority for pro- duction, handing over or delivery up of his licence or certificate, whe- ther current or otherwise, to the licensing authority.

FORMS.

Form No. 1.

GOVERNMENT OF HONG KONG.

Licence No.

Licence to establish Wireless Telegraph Ship Station.

Issued by virtue of the Telecommunication Ordinance, 1936, and in conformity with the Telecommunication Convention.

(Name and address of Registered Owners).

يا

(hereinafter called "the licensee ") is hereby licensed to establish and work a wireless telegraph sending and receiving station in the ship specified below, subject to the conditions stated on the back hereof.

Name of Ship

Call Sign

PARTICULARS OF STATION.

Category of Station under the Telecommunication Convention

The Licensee is authorised to use the power, frequencies and types of emission which for the time being appear against the name of the ship in the International List of Coast Stations and Ship Stations published by the Bureau of the International Telecommuni- cation Union and also any additions which shall have been notified in conformity with clause 12 of the conditions overleaf. This autho- rity does not include the use of frequencies above 1,500 kc/s (waves below 200 metres) unless particulars have been entered hereunder before the issue of the licence.

*Installation for use of frequencies above 1,500 ke/s.

Frequencies (waves)

Type (s)

*Note.-If an installation for the use of frequencies above 1,500 kc/s is not authorised, the words "not authorised for working on frequencies above 1,500 ke/s." are entered in place of the particulars.

Date of issue

Postmaster General

CONDITIONS OF LICENCE.

1. The Licensee shall comply with all the provisions of the International Telecommunication Convention which relate to mobile stations and the station shall be worked in conformity with such pro- visions.

2. In so far as the rules and regulations relative to wireless telegraphy made from time to time by the Governor in Council under the Telecommunication Ordinance, 1936, or under the Merchant Shipping Ordinance, 1899, and amendments thereto or any other Merchant Shipping Act or Ordinance for the time being in force, apply to the ship in question, the Licensee shall comply in all res- pects with these rules or regulations.

3. The station shall only be used to send messages and signals to other stations of the mobile service and to receive messages and signals from other stations of the mobile service.

4.-(i) The station shall cease working (except in the case of distress working) on being instructed to do so by any British Naval or Air Force Station.

(ii) No messages shall be sent or received by the said ship station when the said ship is in any of the harbours of the Colony of Hong Kong.

5. The Licensee shall keep the station and in particular the headgear receivers thereof in a clean and sanitary condition.

6. The Licensee shall screen all lights emanating from the station and screen or isolate all dangerous parts thereof in such manner as may be necessary to ensure the reasonable comfort and health of operators.

7. In respect of messages sent or received on behalf of His Majesty's Government in the United Kingdom or the Government

any

of His Majesty's Dominions or the Government of India or the Government of any British Colony Protectorate or Mandated Territory the Licensee shall charge rates not in excess of half of the rates charged to the ordinary public.

8. The station shall be worked only by operators holding certi- ficates issued by the Postmaster General or the Postmaster General of the United Kingdom or the Government of any self-governing Dominion.

9. The Licensee shall not receive by means of the station messages not intended for receipt thereby, and if any such messages shall involuntarily be received at the station the Licensee shall not divulge the existence or the contents thereof to any person other than to duly authorised officials of His Majesty's Government or to a competent legal tribunal.

10. The Licensee shall keep full accounts records and registers of all messages sent and received by means of the station and in such registers each of such messages shall be accompanied by its identifying number and date and full particulars of its place of origin and of ultimate destination and such further particulars as the Postmaster General shall from time to time reasonably require to be shown, messages on His Majesty's service being in such registers distinguished from other messages. The Licensee shall preserve all used message forms written and printed and transcripts of messages and all other papers for such period as is from time to time pre- scribed by the International Telecommunication Convention, and such registers and message papers shall be open to the inspection of the Postmaster General or his officers thereto authorised at the re- gistered office for the time being of the Licensee or at such other place as may be agreed between the hours of 10 a.m. and 5 p.m. on every day except Sunday or a statute or general holiday.

11.-(i) The Licensee shall render to the Postmaster General such accounts as the Postmaster General shall direct in respect of all charges due or payable under the Telecommunication Convention. in respect of messages exchanged between the station and coast stations, and shall pay to the Postmaster General at such times and in such manner as the Postmaster General shall direct all sums which shall be due from the Licensee under such accounts.

(ii) The Licensee shall from time to time deposit with the Post- master General such sums as he may by notice in writing to the Licensee require as security for payment by the Licensee of any sums which may be or become due to the Postmaster General under the provisions of Sub-Clause (i) of this Clause.

12. The Licensee shall notify the Postmaster General of any alteration which may be made from time to time in the power or frequencies or type or types of waves used for transmission.

13. The Postmaster General and his officers and authorised agents may at all reasonable times enter upon the station for the purpose of inspecting and may inspect any apparatus fixed or being in the station for the purpose of sending and receiving messages by wireless telegraphy and all other telegraphic instruments and apparatus fixed or being in the station and the working and user of such apparatus and telegraphic instruments respectively.

14. The present Licence the International Radiocommunication Regulations and the latest Edition of the Postmaster General's Handbook for Wireless Operators issued by the Postmaster General London shall be carried on board the ship in the wireless room to- gether with any other documents which the Postmaster General may prescribe as necessary for carrying on the work of the station. The Licence shall be available for inspection when required by competent authorities of the countries where the ship calls.

15. The Licensee shall pay to the Postmaster General for and in respect of the Licence hereby granted a sum of $25 on the 1st day of January in each year during which the Licence remains valid.

16. This Licence may be revoked and determined at any time by the Postmaster General by notice in writing to the Licensee and shall therefrom cease determine and become void but without pre- judice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Postmaster General under any con- dition or provision herein contained.

17. Any notice request or consent (whether expressed to be in writing or not) to be given by the Postmaster General under this Licence may be signed by any officer of the Post Office duly autho- rised by him and may be served by being sent in a registered letter addressed to the Licensee (if a Company) at its registered office for the time being or if not a Company at his last known address or by delivery to the master of the ship upon which the station is installed, and any notice to be given by the Licensee under this Licence may be served by being sent in a registered letter addressed to the Postmaster General, Hong Kong.

18. The expression Telecommunication Convention means the International Telecommunication Convention of Madrid, 1932, and the Service Regulations made thereunder and includes any Con- vention and Regulations which may from time to time be in force in substitution therefor or in amendment thereof.

19. The expressions used in this Licence have the same mean- ing as in the Telecommunication Convention unless there is some- thing in the subject or context repugnant to such construction.

20. This Licence covers the installation and maintenance of apparatus for wireless telegraphy upon lifeboats carried by the ship or during an emergency subject to the conditions contained in the Licence except condition 8. Such apparatus shall comply in all respects with any rules relating to wireless telegraphy installations in ships' lifeboats which may be made by the Governor in Council from time to time.

21. Any Licence or Permit heretobefore granted by the Post- master General to the Licensee in respect of the Station is hereby revoked.

22.-(i) If and whenever an emergency shall have arisen in which it is expedient for the public service that His Majesty's Government shall have control over the sending and receiving of messages by the station it shall be lawful for any Naval Military Customs or Police Officer, or any other person authorised by the Admiralty to take possession of the station or any part thereof in the name and on behalf of His Majesty and to use the same for His Majesty's service and in that event any such officer or person so authorised may enter upon any ship on which a station is established and take possession of the station and use the same as aforesaid and subject to such use may use the same or allow it to be used for such ordinary services as may in his discretion seem fit or may prohibit and take steps to prevent the use of the same and issue directions which shall be obeyed by the Licensee to prevent such

use.

(ii) Any such officer or person so authorised as aforesaid may in any such event as aforesaid instead of taking possession of the station as aforesaid direct and authorise such persons as he may think fit to assume the control of the sending and receiving of messages by the station either wholly or partly and in such manner as he may direct and such persons may enter upon any ship on which a station is installed accordingly or the said officer or person so authorised as aforesaid may direct the Licensee to submit to him or any person authorised by him all messages tendered for despatch or received by the station or any class or classes of such messages to stop or delay the sending of any messages or the delivery thereof or deliver the same to him or his agent and generally to obey all such directions with reference to the sending, receiving or delivery of messages as the said officer or person so authorised as aforesaid may prescribe, and the Licensee shall obey and conform to all such directions.

(iii) The Licensee shall obey any instructions which may be issued by the Admiralty for observance by wireless telegraph ship stations during any such emergency as aforesaid.

(iv) The Licensee shall be entitled to reasonable compensation for any damage to the station arising in consequence of the exercise of the powers conferred by Sub-Clauses (i) and (ii) of this Clause.

FORM No. 2.

The Telecommunication Ordinance, 1936.

Licence No.

AMATEUR AND PRIVATE EXPERIMENTAL STATION

LICENCE.

Licence is hereby granted to

to install and use a wireless telegraph station for transmitting and receiving messages for experimental purposes at

and in addition to work one portable receiving set at any place in the Colony of Hong Kong subject to the conditions hereinafter set forth.

This licence will expire on the 31st day of December.

Postmaster General.

CONDITIONS OF LICENCE.

1. The transmitting apparatus used at the station shall be as described and specified in the diagrams and particulars hereto annexed.

[NOTE: Diagrams and particulars, in duplicate, must accompany every application for a licence. One set will be retained by the Post- master General, and the other will be annexed to the licence.]

2. The combined height and length of the external aerial, where An aerial which crosses one is employed, shall not exceed 100 feet. above or is liable to fall upon, or be blown on to any overhead power wire, including electric lighting and tramway wires, must be guarded to the reasonable satisfaction of the owner of the power or tramway wire concerned. All aerials erected externally to the building shall be fitted with an earthing switch, and the aerial shall be left earthed when not in use. No aerial shall be erected in such a way as that in falling or being lowered, it shall occupy or traverse a public thorough- fare. The earth connection shall where possible consist of a buried plate or tube in the ground external to the building. Where this arrangement is not possible a soldered connection should be made to the water pipe. On no account shall a gas pipe be used as an earth.

3.-

.-(a) The power and types of transmissions shall be as specified in the particulars hereto annexed and messages shall be sent only on the frequencies as specified in the particulars. Type B trans- mission is specifically forbidden.

(b) The use of mains alternating current for anode power supply is prohibited unless rectified and efficiently smoothed.

(c) The frequency of the waves emitted must be as constant and as free from harmonics as the state of technical development permits. (d) When sending any signal the licensee must, during course of transmission, emit his call signal at frequent intervals.

NOTE:Normally no licence will be granted for power exceeding

ten watts.

4. A record shall be kept of all transmissions, showing the date and times of each transmission and the frequency employed.

5. The exchange of communications between Amateur Stations and between Private Experimental Stations in different countries is forbidden if the Administration of one of the countries concerned has notified objection to such exchange.

6. All communications must be conducted in plain language and must be limited to messages relating to the experiments and to remarks of a personal character for which, by reason of their unimportance, recourse to the public telegraph service would be out of the question. The licensee is absolutely forbidden to transmit communications on behalf of third parties or to use the station for social or political propaganda.

7. The station may only be operated by the licensee or his duly qualified operator. In the event of an operator other than the licensee operating the apparatus the licensee will be held responsible for the correct operation of the station. The licensee may at any time be called upon to satisfy the Postmaster General or his duly authorised officer, of his qualifications.

8. The station shall be subject to the control and approval of the Postmaster General, and, together with the record of transmissions, shall be open to inspection at all reasonable times by officers of the Government duly authorised by the Postmaster General, and this licence shall be produced to any such officer upon request by him.

NOTE-Duly authorised officers will produce their cards of identity upon request.

9. The International Telecommunication, Convention of Madrid 1932 and the Regulations annexed thereto, apply to Amateur and Private Experimental Stations. The licensee must be and keep him- self conversant with these.

NOTE: The above Condition applies to reception as well as trans- mission.

10. Reception by either the station or the portable set shall be limited to receiving transmissions sent for experimental purposes from a duly authorised transmitting station recognised as such by the Hong Kong Government, or sent by a duly authorised wireless telegraph station, or wireless telephone, or visual Broadcasting Station, and specifically intended for general public reception. If any other message is unintentionally received the licensee shall not make known, or allow to be made known, its contents, its origin or destination, its existence or the fact of its receipt to any person (other than a duly authorised officer of His Majesty's Government, or a competent legal tribunal). and shall not reproduce in writing, copy, or make any use of such message, or allow the same to be reproduced in writing, copied, or made use of.

11. The publication or reproduction of any message or broadcast received by means of the apparatus, or of the sense or meaning of any such message or broadcast, by any means or in any manner what- soever without the express permission of the Postmaster General is strictly prohibited.

12. The licensee shall not allow the portable set to be worked by any person other than himself or his duly qualified operator, and this licence, or a duplicate, shall be carried by the person working the portable set.

13. Neither the station nor the portable set shall be used for reception in such a manner as to cause interference with the working of other stations. In particular, reaction must not be used to such an extent as to energise any neighbouring aerial.

14. Any alterations to the addresses specified in this licence must be notified to the licensing authority and the licence presented for correction. No fee is payable for this.

NOTES:-1. If it is desired to continue to maintain the station or to retain possession of the apparatus after the date of expiration of this licence, a renewal must be effected not later than the date of expiration. Heavy penalties are provided by the Ordinance for main- taining a wireless station or possessing the apparatus without a valid current licence.

2. This licence may be cancelled by the Postmaster General at any time, either by notice in writing addressed to the licensee at the address specified in this licence, or by a general notice in the Govern- ment Gazette, or in such other way as he may think fit. Any con- travention of any of the conditions of this licence may cause cancella- tion of the licence.

3. This licence does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted, and the majority of musical works are the subject of ccpyright. No such infringement of copyright will arise so long as the licensee restricts the use of the apparatus to purely domestic house- hold reception.

Dated the..................day of.............

19......

Postmaster General.

of.......

FORM No. 3.

31st DEC.

The Telecommunication Ordinate, 1936.

Licence No...........

BROADCAST REA LICENCE.

THIS LICENCONG KONG.

address of Station

(Name in full).

(Address in full).

This licence authorises the licensee to establish a wireless receiving station at the above specified address and in addition to work one portable wireless receiving set at any place in the Colony of Hong Kong, subject to the conditions set forth hereon.

Dated this............

.....day of...........

19......

CONDITIONS.

for Postmaster General.

(1) The licensee shall not allow either the station or the portable set to be used for any purpose other than that of receiving trans- missions sent for experimental purposes from a duly authorised trans- mitting station recognised as such by the Hong Kong Government. or those sent by a duly authorised wireless telegraph station, or wire- less telephone, or visual Broadcasting Station, and specifically in- tended for general public reception. If any other message is un- intentionally received, the licensee shall not make known, or allow to be made known, its contents, its origin or destination, its existence cr the fact of its receipt to any person (other than a duly authorised officer of His Majesty's Government, or a competent legal tribunal), and shall not reproduce in writing, copy, or make any use of such message, or allow the same to be reproduced in writing, copied, or made use of.

The publication or reproduction of any message or broadcast re- ceived by means of the apparatus, or of the sense or meaning of any such message or broadcast, by any means or in any manner what- soever without the express permission of the Postmaster General is strictly prohibited.

(2) The licensee shall not allow the portable set to be worked by any person other than himself, or a member of his household, and this licence, or a duplicate, shall be carried by the person working the portable set.

(3) Neither the station nor the portable set shall be used in such a manner as to cause interference with the working of other stations. In particular, reaction must not be used to such an extent as to energise any neighbouring aerial.

(4) The combined height and length of the external aerial, where one is employed, shall not exceed 100 feet. An aerial which crosses above, or is liable to fall upon, or to be blown on to any overhead power wire, including electric lighting and tramway wires, must be guarded to the reasonable satisfaction of the owner of the power wire concerned. All aerials erected externally to the building shall be fitted with an earthing switch, and the aerial shall be left earthed when not in use. No aerial shall be erected in such a way that, in falling or being lowered, it shall occupy or traverse a public thoroughfare.

(5) The earth connection shall where possible consist of a buried plate or tube in the ground external to the building. Where this arrangement is not possible a soldered connection should be made to the water pipe. On no account shall a gas pipe be used as an earth.

(6) The apparatus shall be open to inspection at all times by any person who produces a written authority to inspect, either general or particular, signed by the Postmaster General, and this licence shall be produced to any such person upon request by him.

(7) This licence is not transferable, but in the event of the decease of the Licensee it will be regarded as covering the use of wireless apparatus during the unexpired portion of its currency at the address of the licensed station, by any member of the deceased's household.

(8) Any alterations to the addresses specified in this licence must be notified to the licensing authority and licence presented for correc- tion. No fee is payable for this.

(This Condition applies equally to any person using a portable receiver only, should his address be changed from that specified on the licence).

NOTES:-1. If it is desired to continue to maintain the station or to retain possession of the apparatus after the date of expiration of this licence, a renewal must be effected not later than the date of expiration. Heavy penalties are provided by the Ordinance for maintaining a wireless station or possessing the apparatus without a valid current licence.

3. This licence does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted, and the majority of musical works are the subject of copyright. No such infringement of copyright will arise so long. as the licensee restricts the use of the apparatus to purely domestic household reception.

Licence No........

FORM No. 4.

The Telecommunication Ordinance, 1936.

DEALER'S LICENCE.

Licence is hereby granted to...

DI.......

(hereinafter called "the licensee') to sell, hire or otherwise dispose of wireless telegraph appliances and apparatus for use in radiocom- munication in this Colony, subject to the conditions hereinafter set forth.

This licence will expire on the 31st day of December.

Dated................day of...

19......

for Postmaster General.

CONDITIONS OF LICENCE.

1. All radiocommunication appliances and apparatus which are or may be intended to be sold, hired or otherwise disposed of by the licensee for use in radiocommunication in this Colony and which are or may be in the possession of the licensee (hereinafter referred to as "the licensed apparatus') shall unless and until disposed of in accordance with this licence be kept at..

and in no other place without the written permission of the Postmaster General.

2. The licensed apparatus shall not be used for or by the licensee or by any person either on behalf of or by permission of the licensee for the purpose of radiocommunication, except under and in accordance with a licence granted by the Postmaster General.

3. The licensee shall keep and maintain registers of the licensed apparatus and of all his dealings and transactions therewith. He shall produce such registers and shall exhibit his stock of such ap- paratus to and on the demand of the Postmaster General or his authorised agent. He shall forward monthly to the licensing authority a detailed list of all transactions made. This list shall include details of stocks received and disposed of and repair or installation work effected by him during the month; the date, nature of transaction and full name and address of customer being included.

FORM No. 5.

The Telecommunication Ordinance, 1936,

FORM OF APPLICATION FOR PERMISSION TO ATTEND EXAMINATION FOR CERTIFICATE OF COMPETENCY AS WIRELESS TELEGRAPH OPERATOR OR WATCHER ON BOARD BRITISH SHIPS REGISTERED IN HONG KONG.

The Postmaster General,

SIR,

Hong Kong.

I beg to inform you that I wish to obtain a

First Class

Second Class

Second Class (Far East Zone)

Special Class

Watcher

Telephony

certificate qualifying me

to act

as Wireless Telegraph Operator or Watcher on board British ships.

I have furnished evidence that I am of British nationality.

I am, Sir,

Your obedient Servant,

Name in full.................

Place of birth.....

..(usual signature).

.(date).

Date of birth.....

Address to which it is desired that the notification of examination

shall be sent...

System or systems in which examination is desired.

Date and place of last examination (if any)..

Description of Applicant.

Height...

Colour of Eyes...........

Complexion

Any special peculiarities

.feet..

.inches.

.Colour of Hair.....

NOTE: Evidence of British nationality, to the satisfaction of the Postmaster General, must be produced before the delivery of the application. ·

Candidates must bring with them at the time of their examination an unmounted photograph (preferably head and shoulders only, and approximately 3 inches by 2 inches) to be signed in the presence of the Examiner and subsequently affixed to the Certificate.

FORM No. 6.

The Telecommunication Ordinance, 1936.

DECLARATION OF SECRECY IN THE OPERATION OF WIRELESS TELEGRAPHIC APPARATUS.

do declare that I will not improperly divulge to any person the purport of any message which I may transmit or receive by means of any radiocommunication apparatus operated by me or which may come to my knowledge in connection with the operation of the said apparatus.

Date

Signature

Signature of witness.....

Address........

Occupation.......

FORM NO. 7.

COLONY OF HONG KONG.

The Telecommunication Ordinance, 1936.

CERTIFICATE OF PROFICIENCY IN RADIOTELEGRAPHY GRANTED BY THE GOVERNMENT OF HONG KONG.

FIRST CLASS.

This is to certify that, under the provisions of the International Telecommunication Convention of Madrid, 1932, Mr....

in Radiotelegraphy and has passed in:-

..has been examined

(a) Knowledge of the general principles of electricity, of the theory of radiotelegraphy and radiotelephony, and of the regulation and the practical working of the types of apparatus used in the mobile service.

(b) Theoretical and practical knowledge of the working of the accessory apparatus, such as motor-generators, accumulators, etc., used in the operation and adjustment of the apparatus specified in sub-paragraph (a).

(c) Practical knowledge necessary to effect, with the means available on beard, the repair of damage which may occur to the apparatus during a voyage.

(d) Ability to send correctly and to receive correctly by ear code. groups (mixed letters, figures and signs of punctuation), at a speed of 20 (twenty) groups a minute, and a plain language passage at a speed of 25 (twenty-five) words a minute.

fol Ability to send oorrantlu and to rooniva comunatle he tolanhana

- 31

(f) Detailed knowledge of the Regulations applying to the ex- change of radiocommunications, knowledge of the documents relative to the assessment of the charges for radiocommunications, knowledge of that part of the Convention for the Safety of Life at Sea which relates to radiotelegraphy, and, in the case of air navigation, knowledge of the special provisions governing the radioelectric service in air navigation. In the latter case, the certificate states that the holder has successfully passed the test relating to these provisions.

(g) Knowledge of the general geography of the world, especially the principal navigation routes (maritime or air, according to the type of certificate) and the most important telecommunication routes.

It is also certified hereby that the holder has made a declaration that he will preserve the secrecy of correspondence..

Signature of examining officer

The holder of this certificate is therefore authorised to operate wireless telegraph apparatus as a first-class operator on board a British ship.

(Date)

Signature of holder....

Date of Birth

Place of Birth

Postmaster General, Hong Kong.

NOTES: This certificate should be carefully preserved. In case of loss through avoidable causes a duplicate will only be issued on payment of a fee of not less than five dollars.

This certificate may be endorsed, or withdrawn, at the discretion of the Postmaster General of Hong Kong in the case of misconduct or breach on the part of the holder of the Regulations prescribed for the working of ships' stations. Unless so withdrawn it will continue to be valid so long as the Regulations of the International Tele- communication Convention of Madrid, 1932, remain in force.

In case of loss of this certificate a report thereof and of the cir- cumstances in which the loss occurred must be made to the Postmaster General of Hong Kong, in writing, as soon as possible.

Any person other than the owner thereof becoming possessed of this certificate should transmit it forthwith to the Postmaster General, Hong Kong.

Age

Height

PHOTO OF HOLDER.

Description of Holder.

Colour of Eyes.......

Colour of Hair

Complexion

Any special peculiarities.....

Signature of Holder.....

feet

.... inches.

FORM No. 8.

COLONY OF HONG KONG.

The Telecommunication Ordinance, 1935.

CERTIFICATE OF PROFICIENCY IN RADIOTELEGRAPHY

GRANTED BY THE GOVERNMENT OF HONG KONG.

SECOND CLASS.

This is to certify that, under the provisions of the International Telecommunication Convention of Madrid, 1932, Mr...

in Radiotelegraphy and has passed in:

..has been examined

(a) Elementary theoretical and practical knowledge of electricity and radiotelegraphy, and knowledge of the adjustment and practical working of the types of apparatus used in the mobile radiotelegraph service.

(b) Elementary theoretical and practical knowledge of the work- ing of the accessory apparatus, such as motor-generator sets, accumula- tors, etc., used in the operation and adjustment of the apparatus mentioned in sub-paragraph (a).

(d) Ability to send correctly and to receive correctly by ear code groups (mixed letters, figures and signs of punctuation) at a speed of 16 (sixteen) groups a minute. Each code group must comprise five characters, each figure or punctuation mark counting as two characters.

(e) Knowledge of the Regulations applying to the exchange of radiocommunications, knowledge of the documents relative to the assessment of the charges for radiocommunications, knowledge of that part of the Convention for the Safety of Life at Sea which relates to radiotelegraphy, and, in the case of air navigation, knowledge of the special provisions governing the radioelectric service in air naviga- tion. In the latter case, the certificate states that the holder has successfully passed the tests relating to these provisions.

(f) Knowledge of the general geography of the world, especially the principal navigation routes (maritime or air, according to the type of certificate) and the most important telecommunication routes.

It is also certified hereby that the holder has made a declaration that he will preserve the secrecy of correspondence.

Signature of examining officer

The holder of this certificate is therefore authorised to operate wireless telegraph apparatus as a second-class operator on board a British ship.

(Date)

Signature of holder..............

Date of Birth....

Place of Birth..............

Postmaster General, Hong Kong.

NOTES: This certificate should be carefully preserved. In case of loss through avoidable causes a duplicate will only be issued on payment of a fee of not less than five dollars.

In case of loss of this certificate a report thereof and of the cir- cumstances in which the loss occurred must be made to the Postmaster General of Hong Kong, in writing, as soon as possible.

Any person other than the owner thereof becoming possessed of this certificate should transmit it forthwith to the Postmaster General, Hong Kong.

PHOTO OF HOLDER.

Age

Height

Colour of Eyes...........

Colour of Hair

Complexion

Description of Holder.

Any special peculiarities..

Signature of Holder..

feet

inches.

FORM No. 8A.

COLONY OF HONG KONG.

The Telecommunication Ordinance, 1936.

CERTIFICATE OF COMPETENCY IN RADIOTELEGRAPHY GRANTED BY THE GOVERNMENT OF HONG KONG.

SECOND CLASS.

Telecommunication Conventio of Visions HEREON.

This is to certify that, unALID

passed in

(a)

has

the International

CAT exarsed in Radiotelegraphy and has etical knowledge of electricity

CERTIFICATE IS VALI

pes and

OR FAR

EASTERN WATERS

NLY AS

and oretica

working of service.

(b)

work

émen

and

thical

of the adjustment and practical

used in the mobile radiotelegraph

thetical and practical knowledge of the

of the accessory apparatus, such as motorgenerator sets. accumulators, etc.,

etc., used in the operation and adjustment of the apparatus mentioned in sub-paragraph (a).

(d) Ability to send correctly and to receive correctly by car code groups (mixed letters, figures and signs of punctuation) at a speed of 16 (sixteen) groups a minute. Each code group must comprise five characters, each figure or punctuation mark counting as two characters.

(f) A knowledge of the principal maritime navigation routes and of the most important wire and wireless routes of the Far East.

It is also certified hereby that the holder has made a declaration that he will preserve the secrecy of correspondence.

Signature of examining officer.

The holder of this certificate is therefore authorised to operate wireless telegraph apparatus as a second class operator on board a British ship trading between the following ports:

Hong Kong and all ports in China, Siberia, Japan, Korea, Formosa, Indo-China, Siam, Straits Settlements, Philippine Islands and the East Indies (Java, Borneo, Sumatra, etc.)

Signature of holder

(Date)

Postmaster General, Hong Kong.

Date of Birth

Place of Birth

NOTES: This certificate should be carefully preserved. In case of loss through avoidable causes a duplicate will only be issued on payment of a fee of not less than five dollars.

This certificate may be endorsed, or withdrawn, at the discretion. of the Postmaster General of Hong Kong in the case of misconduct or breach on the part of the holder of the Regulations prescribed for the working of ships' stations. Unless so withdrawn it will continue to be vadid so long as the Regulations of the International Tele- communication Convention of Madrid, 1932, remain in force.

In case of loss of this certificate a report thereof and of the circumstances in which the loss occurred must be made to the Postmaster General of Hong Kong, in writing, as soon as possible.

Any person other than the owner thereof becoming possessed of this certificate should transmit it forthwith to the Fostmaser General, Hong Kong.

PHOTO OF HOLDER.

Age

Description of Holder.

Height

Colour of Eyes

Colour of Hair

Complexion

Any special peculiarities

... feet

FORM NO. 9.

COLONY OF HONG KONG.

The Telecommunication Ordinance, 1935.

inches.

CERTIFICATE OF COMPETENCY IN RADIOTELEGRAPHY

GRANTED BY THE GOVERNMENT OF HONG KONG.

SPECIAL CLASS.

This is to certify that under the provisions of the International Telecommunication Convention of Madrid, 1932 Mr..............

in Radiotelegraphy and has passed in:-

.has been examined

(a) Elementary knowledge of the working and adjustment of the apparatus;

(b) Transmitting and receiving by ear, messages in plain language at a speed of 20 words a minute, and in code groups at a speed of 16 groups a minute; and

and having made a declaration that he will preserve the secrecy of correspondence, is hereby authorised to operate wireless telegraph apparatus on board British ships not coming within the scope of the Merchant Shipping (Wireless Telegraph) Act, 1919 and the Merchant Shipping (Safety and Load Line Conventions) Act, 1932.

Dated this..

..day of........

19......

Postmaster General, Hong Kong.

Signature of examining officer

NOTES: This certificate should be carefully preserved. In case of loss through avoidable causes a duplicate will only be issued on payment of a fee of not less than five dollars.

In case of loss of this certificate a report thereof and of the cir- cumstances in which the loss occurred must be made to the Postmaster General, in writing, as soon as possible.

Any person other than the owner thereof becoming possessed of this certificate should transmit it forthwith to the Postmaster General, Hong Kong.

PHOTO OF HOLDER.

Description of Holder.

Age

Height

Colour of Eyes...

Colour of Hair

Complexion

Any special peculiarities..

Signature of Holder......

feet

inches.

FORM No. 10.

COLONY OF HONG KONG.

The Telecommunication Ordinance, 1935

CERTIFICATE OF COMPETENCY IN RADIOTELEPHONY GRANTED BY THE GOVERNMENT OF HONG KONG.

GENERAL.

This is to certify that under the provisions of the International Telecommunication Convention of Madrid, 1932 Mr....

in Radiotelephony and has passed in:-

.has been examined

(a) Practical knowledge of radiotelephony, especially as regards the avoidance of interference.

(b) Knowledge of the regulation and working of radiotelephone apparatus.

(d) Knowledge of the Regulations applying to the exchange of radiotelephone communications and of the part of the Radiocom- munication Regulations relating to the Safety of Life;

and having made a declaration that he will preserve the secrecy of correspondence, is hereby authorised to operate wireless telephony apparatus of Stations registered in Hong Kong for that purpose.

Dated this.......day of..

19......

Signature of examining officer.........

Postmaster General, Hong Kong.

NOTES: This certificate should be carefully preserved. In case of loss through avoidable causes a duplicate will only be issued on payment of a fee of not less than five dollars.

This certificate may be endorsed, or withdrawn, at the discretion of the Postmaster General of Hong Kong in the case of misconduct or breach on the part of the holder of the Regulations prescribed for the working of telephony stations. Unless so withdrawn it will con- tinue to be valid so long as the Regulations of the International Telecommunication Convention of Madrid, 1932, remain in force.

In case of loss of this certificate a report thereof and of the cir- cumstances in which the loss occurred must be made to the Postmaster General of Hong Kong, in writing, as soon as possible.

Any person other than the owner thereof becoming possessed of this certificate should transmit it forthwith to the Postmaster General, Hong Kong.

PHOTO OF HOLDER.

Description of Holder.

Age

Height

Colour of Eyes.....

Colour of Hair

Complexion

Any special peculiarities....

Signature of Holder....

feet

inches.

FORM No. 11.

COLONY OF HONG KONG.

CERTIFICATE OF PROFICIENCY AS A WATCHER IN RADIOTELEGRAPHY GRANTED BY THE

GOVERNMENT OF HONG KONG.

This is to certify that under the provisions of the Telecom- munication Ordinance, 1935, and Regulations made thereunder Mr.

has been examined in Radiotelegraphy and has passed in:-

(a) Receiving and understanding the alarm, distress, safety and urgency signals when these signals occur among a series of other signals.

(b) Correct reception by ear of code groups (mixed letters, figures and punctuation marks) at a speed of 16 groups per minute.

It is also certified that the holder has made a declaration that he will preserve the secrecy of correspondence.

Signature of examining officer.....

The holder of this certificate is therefore authorised to perform the duties of a watcher on board a British ship.

Postmaster General.

(Date)..

Signature of holder..

Date of Birth....

Place of Birth...

In case

NOTES:-This certificate should be carefully preserved. of loss through avoidable circumstances a duplicate will only be issued on payment of a fee not less than five dollars.

In case of loss of this certificate a report thereof and of the circumstances in which the loss occurred must be made to the Post- master General, in writing, as soon as possible.

Any person other than the owner thereof becoming possessed of this certificate should transmit it forthwith to the Postmaster General, Hong Kong.

Objects and Reasons.

1. The purpose of this measure is to give the Govern- ment wider control over the telegraphic and telephonic services of the Colony than is secured by the Telegraphic Messages Ordinance, 1894, the Telephone Ordinances, 1925 and 1930, and the Wireless Telegraphy Ordinance, 1926. The Secretary of State in his despatches of the 24th March, 1934, and 24th July, 1935, has agreed to the introduction of a measure to secure this aim and to bring up to date the law

of the Colony on the subinat

2. The present Bill follows very closely the lines of Federated Malay States Enactment No. 6 of 1933, which itself is closely parallel with Straits Settlements Ordinance No. 55 as amended by subsequent enactments, in particular the Straits Settlements Telegraphs Amendment Ordinance, 1932. It has been revised after consideration of various suggestions made in a memorandum of the General Post Office transmitted with the Secretary of State's despatch of the 24th July, 1935.

3. The main effect of the Bill is to make telegraphic and telephonic services in the Colony a Government monopoly while preserving at the same time the concession of the Hong- kong Telephone Company Limited, the position of which is governed by the Telephone Ordinances, 1925 and 1930.

4. Clause 3 gives

　3 gives the Governor in Council the exclusive privilege of working, etc., telegraphs and the power to license fit persons to do the same. Sub-clause (2) will enable licences to be granted to the Cable Companies or to the persons in charge of them and sub-clause (3) exempts Naval, Military and Air Force lines and the Hongkong Tele- phone Company's concession from the operation of the Ordinance.

Clause 4 empowers the Governor in time of emergency to take possession of licensed telegraphs, to withdraw from the public the use of telephone exchanges and trunk lines, and to order interception of messages.

Clause 5 empowers the Governor, when necessary in the public interest, to require the production of all telegraphic messages, and imposes penalties for refusal to produce.

Clause 6, which reproduces most of the provisions of the Telegraphic Messages Ordinance, 1894, protects certain telegraphic messages from publication within a certain period.

Clause 7 empowers the Governor in Council to make regulations governing telegraphs generally.

Clause 8 allows the revocation of licences for good cause.

Clause 9 exempts the Government from liability from loss or damage caused by the loss or delay of a telegraphic

message.

5. Part III (Clauses 10-14) defines the powers and duties of the Director of Public Works and of licensed persons in connection with the placing and maintaining of telegraphs.

6. Part IV (Clauses 15-26) lays down particular penalties for breaches of the provisions of the Ordinance.

7. Part V (Clauses 27-35) deals exclusively with Radio- communication (i.e. Wireless Telegraphy) and provides inter alia for the following matters :--

(a) the vesting in the Governor in Council of the exclusive privilege of establishing and using stations and appliances for transmitting and receiving wireless messages, with the right to 2114a and onnonotua ashora and afloat:

(b) the licensing of dealers in apparatus for radiocom- munication, with the main object of checking and tracing the existence of unlicensed installations;

(c) the making by the Governor in Council of regulations for examining and issuing certificates of proficiency to operators, for ensuring the secrecy of wireless communications, for controlling, by rules to be framed beforehand, the use of wireless apparatus in times of emergency, and generally for giving effect to the provisions of this Part.

(d) the payment, out of fines inflicted on offenders, of rewards to persons supplying the information that has led to conviction.

8. Part VI (Clause 36 to end) covers various miscellaneous matters, repeals, commencement, etc.

9. The source of each clause is shown in the Table of Correspondence attached.

December, 1935.

C. G. ALABASTER,

Attorney General.

TABLE OF CORRESPONDENCE.

མ

Section

of this

Ordinance.

Corresponding section in other

Enactments

with modifications.

Remarks.

Short title.

2 of F.M.S. Enact-

ment No. 6 of 1933.

3 (F.M.S.)

"Telecommunica-

Interpretation.

tion" and "licensed person" added. s.s. (2) and (4) amended as suggested in General Post Office Memorandum in Secretary of State's despatch of 24th July, 1935. s.s. (2) amended to include the re- presentative for the time being in the Colony of any corporation or administration.

s.s. (3) excludes Naval, Military and Air Force telegraphs and the Hongkong Telephone Company's concession from the operation of the Ordinance.

4 (F.M.S.)

5 and 29 (F.M.S.)

Combined.

gram".

ss. 2, 3, 4 and 5 of

the Telegraphic Messages Ordin-

ance, 1894, as amended by No. 12

of 1924.

"Message" for "tele-

With slight amendments of wording

passim.

"Messages" for "telegrams".

6 (F.M.S.)

7 (F.M.S.)

"for good cause or" added.

8 (F.M.S.)

9, 10 and 13

(F.M.S.)

Combined. Licensed Persons also

given certain powers.

15 (F.M.S.)

16. (F.M.S.)

17 (F.M.S.)

18 (F.M.S.)

19 (F.M.S.)

20 (F.M.S.)

21 (F.M.S.)

22 (F.M.S.)

23 (F.M.S.)

Amplified. Erection of matsheds

etc. included in s.s. (8).

"and if damage is done to such tele- graph line by the act of himself, his servants or agents' added in s.s. (4).

Penalty $1000 & $500 instead of

$500 & $250 S.S. Currency. Fenalty $50 instead of $25 S.S.

Penalty $250 instead of $200 S.S.

24 (F.M.S.) and Hong Kong Ordin- ance No. 3 of 1894, s. 6 (1) (a) and (b).

"and

a fine not exceeding $1000" for "and to fine, or to both". Paragraph (b) is taken from s. 6 of the Telegraphic Messages Ordin- ance, 1894. Penalty varied as in S. 19.

Section

of this Ordinance.

Table of Correspondence,-Continued.

Corresponding section in other

Enactments

with modifications.

Remarks.

222

25 (F.M.S.)

26 (F.M.S.)

Penalty varied as in S. 19.

Penalty varied-$100 for $50 S.S.

27 (F.M.S.) (cf. s. 6

of Hong Kong Ordi-

nance No. 3 of

1894).

Penalty varied as in S. 19.

2 2 2 27

28 (F.M.S.)

30 (F.M.S.)

31 (F.M.S.)

Penalty varied as in S. 19.

34 (F.M.S.) and

s. 2 of Hong Kong W.T. Ordinance,

No. 2 of 1926.

Definition of "radiocommunication"

introduced.

"Can be" instead of "has been installed for the purpose of being" in definition of radiocommunica- tion station.

33 (F.M.S.)

36 (F.M.S.)

37 (F.M.S.) and

Combined.

s. 4 of Hong Kong

W.T. Ordinance,

1926.

38 (F.M.S.) and

Combined.

s. 5 of Hong Kong

W. T. Ordinance,

1926.

39 (F.M.S.)

40 (F.M.S.)

41 (F.M.S.)

42 (F.M.S.)

A co co

Suggested by the Secretary to the G.P.O., London, in his letter to the Secretary of State of 27th February, 1934.

Continued validity of ships wireless

licences.

Repeals.

Regulations.

Application to Colony of the Regula- tions of the Madrid Convention.

Commencement.

NOTE:-In Part V the expression "radiocommunication" has been substituted passim for "wireless telegraphy" in accordance with the phraseology of the Madrid Convention, 1932.

A BILL

[No. 48-13.12.35.-4.]

INTITULED

An Ordinance to amend further the Magistrates Ordinance,

1932.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Magistrates Short title. Amendment Ordinance, 1936.

2. Section 26 of the Magistrates Ordinance, 1932, is Repeal of repealed.

3. Sub-section (5) of section 108 of the Magistrates Ordinance, 1932, is repealed and the following sub-section is substituted therefor :---

(5) The appellant, if then in custody, shall be liberated on the recognizance being further conditioned for his appear- ance at the hearing of the appeal and for his submission to the judgment of the Full Court.

Ordinance No. 41 of 1932, s. 26.

Substitution for Ordin-

ance No. 41 of 1932.

s. 108 (5).

for Ordin-

4. Sub-section (1) of section 109 of the Magistrates Substitution Ordinance, 1932, is repealed and the following sub-section is substituted therefor :---

ance No. 41

of 1932.

s. 109 (1).

Service and

notice.

Geo. 5,

c. 38,

s. 1 (x).

109.-(1) Any notice or document required to be given, sent to or served on the respondent by the appellant shall 224 be deemed to have been duly given, sent or served if the same shall have been delivered to the solicitor for the time being representing the respondent or transmitted to the respondent in a registered letter addressed to him at his last or usual place of abode or business and, if so transmitted, shall be deemed to have been given at the time when it would have been delivered in the ordinary course of post.

of Ordinance

5. Section 118E (i) of the Magistrates Ordinance, 1932, Amendment as enacted by section 2 of the Magistrates Amendment No. 41 of Ordinance, 1935, is amended by the addition of the following 1932. words at the end thereof :---

s. 118E (i) Ordinance No. 19 of

and such copy may be sent by post in a registered letter 1935. addressed to that party at his last or usual place of abode 23 & 24 or business or to the solicitor for the time being representing c. 38. that party;

Gen. 5,

s. 1 (x).

Amendment

No. 41 of

6. Sub-section (4) (a) of section 118 I of the Magistrates

of Ordinance Ordinance, 1932, as enacted by section 2 of the Magistrates Amendment Ordinance, 1935, is amended by the deletion of the word "it" in the first line thereof.

1932,

s. 1181 (4) (a).

Ordinance No. 19 of

1935.

New

forms

Nos. 88,

93 and 94 for Ordin- ance No. 41 of 1932.

7. The First Schedule to the Magistrates Ordinance, 1932, is amended-

(i) by the repeal of Form No. 88 and by the substitution therefor of the Form No. 88 in the Schedule to this Ordinance; (ii) by the addition at the end thereof of Forms Nos. 93 and 94 in the Schedule to this Ordinance.

HONG KONG.

SCHEDULE.

FORM No. 88.

Recognizance of Appeal.

[s. 108].

IN THE POLICE COURT AT

[The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows]:

The condition of the within-written recognizance is such that if the within-bounden

　　　　　　　　　　shall without delay prosecute a certain appeal to the Full Court from a conviction [or order] of J.P., Esquire, a magistrate of the said Colony, dated the

day of whereby [here state effect of conviction or order], and further shall abide by and duly perform the order of the said court to be made upon the hearing of such appeal, and shall pay such costs as may be awarded by the said court [add, if appellant is liberated from custody and further if the said

shall

personally appear and surrender himself at and before the Full Court. at each and every hearing of his appeal to such Court and at the final determination thereof and to then and there abide by the judg ment of the said Court and not to depart or be absent from such Court at any hearing without the leave of the said Court, and in the meantime not to depart out of the Colony of Hong Kong,] then this recognizance to be void or else to stand in full force and effect.

FORM NO. 93.

[s. 118E (ii)].

Recognizance to prosecute appeal with due diligence.

HONG KONG,

IN THE POLICE COURT AT

[The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows]:·

The condition of the within-written recognizance is such that shall with diligence prosecute

if the within-bounden

a certain appeal to a judge of the Supreme Court of Hong Kong from a conviction [or sentence] of J.P., Esquire, a magistrate of the said Colony dated the

　　　　　　　　　　　　　　　　　　　　　　　　then the with- written recognizance shall be void, but otherwise shall remain in full force and effect.

day of

לי

HONG KONG.

FORM NO. 94.

Recognizance of Appeal.

[8. 118E (iv)].

IN THE POLICE COURT AT

[The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows]:-

The condition of the within-written recognizance is such that if he the said

　　　　　　　shall personally appear and surrender himself at the Supreme Court before the judge thereof at each and every hearing of his appeal from a conviction [or sentence] of J.P., Esquire, a magistrate, dated the

day of

　　　　　　　　　　　　　　　　　　　　　　　　　　　19 ? to such judge and at the final determination of such appeal and then and there abide by the judgment of the said judge and not depart or be absent from such Court at any such hearing without the leave of the said judge, and in the meantime not to depart out of the Colony of Hong Kong, then this recognizance to be void cr else to stand in full force and effect.

Objects and Reasons.

1. Section 26 of the Magistrates Ordinance, 1932, has been repealed in order to avoid overlapping with section 18 of the Police Force Ordinance, 1932, as enacted by section 2 of the Police Force Amendment Ordinance, 1936.

2. In section 108 (5) of the Magistrates Ordinance, 1932, the conditions of the recognizance did not require the attendance of the appellant at the hearing of the appeal. It merely required submission to the judgment of the Full Court and appearance before the magistrate within 10 days after such judgment. If the decision was adverse the appellant had ample time to forfeit his recognizance and leave the Colony. Section 3 of this Ordinance abolishes this period and requires the appellant's attendance at the hearing of the appeal.

3. Section 109 (1) of the Magistrates Ordinance, 1932, makes no provision for service of notice by post but it has been found in practice that such facilities are desirable. In the new section 4 of this Ordinance the wording of section 31 of the Summary Jurisdiction Act, 1879 (42 and 43 Vict. c. 49), as enacted by section 1 (x) of the Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 58), has been used as a guide and the facilities for service by post therein provided have been adopted.

4. Section 5 of this Ordinance gives to the magistrate's clerk similar facilities for service by post which were lacking under section 118E (i) of the Magistrates Ordinance, 1932, as enacted by section 2 of the Magistrates Amendment Ordinance, 1935 (No. 19 of 1935).

5. Section 6 of this Ordinance carries out a suggestion made by the Secretary of State in his despatch No. 225 of the 17th June, 1935, and corrects a small error in sub-section 4 (a) of section 118 I of the principal Ordinance.

6. The new Form 88 is necessary subsequent on the change introduced by section 2 of this Ordinance. Forms 93 and 94 have been provided for use in connection with the Alternative Procedure under section 118E of the Magistrates Ordinance, 1932, as enacted by section 2 of the Magistrates Amendment Ordinance, 1935.

C. G. ALABASTER,

Attorney General.

[No. 52-11.12.35.-2.]

Short title.

New section

82B for Ordinance No. 3 of 1885.

Extension

of sections 76 to 82

to certain

other

documents. 46 & 47 Vict. c. 55, s. 17.

Repeal of Ordinance No. 33 of 1935, s. 2.

A BILL

INTITLULED

An Ordinance to amend the Bills of Exchange Ordinance, 1885, and the Falsification of Documents Ordinance, 1935.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Bills of Exchange and Falsification of Documents Amendment Ordinance, 1936.

2. The Bills of Exchange Ordinance, 1885, is amended by the insertion of the following section after section 82A:-

82B. Sections 76 to 82, both inclusive, shall extend to any document issued by a customer of any banker, and intended to enable any person or body corporate to obtain payment from such banker of the sum mentioned in such document. and shall so extend in like manner as if the said document were a cheque: Provided that nothing in this section shall be deemed to render any such document a negotiable instrument. For the purposes of this section the Colonial Treasurer shall be deemed to be a banker, and the public officers drawing on him shall be deemed customers.

3. The Falsification of Documents Ordinance, 1935, is amended by the repeal of section 2 thereof.

Objects and Reasons.

This Ordinance repeals section 2 of the Falsification of Documents Ordinance, 1935, which was based on section 17 of the Revenue Act, 1883, and re-enacts it in the Bills of Exchange Ordinance, 1885, where its presence seems more appropriate. This course was suggested by the Secretary of State in his despatch No. 450 of the 30th October, 1935.

December, 1935.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S Department.

　No. S. 2.-Returns of the Average Amount of BANK NOTES in Circulation and of Hong Kong Government Certificates of Indebtedness in Hong Kong, during the month ended 31st December, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

GOVERNMENT CERTIFICATES OF INDEBTEDNESS.

Chartered Bank of India, Australia and China

21,763,985

$ 8,300,000.00*

Hong Kong and Shanghai Banking Corporation...

112,322,143 109,124,607.20†

Mercantile Bank of India, Limited...

2,131,162 1,151,200.00$

TOTAL

136,217,290 118,575,807.20

* In addition Sterling Securities are deposited with the Crown Agents valued at £756,000.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

3rd January, 1936.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 3.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940, 1944.

£190,000.

3rd January, 1936.

110-111

W. T. SOUThorn,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 4.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

3rd January, 1936.

Authority.

Notification No. 729 of 23rd September, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 5.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

3rd January, 1936.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, TAI PO.

　　No. S. 6.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 15th day of January, 1936.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 3 as Building Lots. Serial No. 4 as a Threshing Floor Lot. Serial No. 5 as a Garden Lot and Serial Nos. 6 and 7 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 3 are further subject to Special Condition No. 2 (a). Serial No. 4 is further subject to Special Condition No. 1 (a). Serial Nos. 5 to 7 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification and to Special Conditions hereunder specified.

　　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $500, $500 and $500 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres. or Price.

Annual

Upset

Crown

No. D. D.

Lot.

Square feet.

Rent.

feet. feet. feet. feet.

1250

Shan Kai Wat.

As per plan deposited in the District Office, North.

868 sq. ft.

1.00

2 Ping

2493

Ping Chau.

600

1,00

Chau

2494

600

1.00

189

1445

Kang Hau.

750

.10

177

393

Lok Lo Ha.

51 acres.

446

51.00

1234

28 764

Shek Ku Lung.

Lung Mi.

*05

.10

1.20

131

1.20

SPECIAL CONDITION TO SERIAL No. 5.

　　The lot shall be levelled to the same level as existing Lot No. 385 in D.D. 177 and retaining walls where necessary shall be built to the satisfaction of the District Officer, North, within twelve months from the date of sale.

SPECIAL CONDITION TO SERIAL No. 6.

　　The purchaser shall pay to the licensee of F. L. No. 545 the sum of $5.20 as com- pensation for fir trees growing on the lot."

SPECIAL CONDITIONS TO SERIAL No. 7.

1. No cutting shall be allowed within a distance of ten feet of the grave on the lot.

　　2. A right of way to the grave is reserved in favour of the owners of the said grave at the Tsing Ming () and Chung Yeung (I) festivals.

T. MEGARRY, District Officer, North.

3rd January, 1936.

DISTRICT OFFICE, TAI PO.

　No. S. 7.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 16th day of January, 1936.

　The lot is let for the term of One year from the 1st day of January, 1936, as a Threshing Floor Lot.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in Upset Square feet. Price.

Annual

Crown

Rent

No. D.D. Lot.

feet. feet. feet. feet.

109 1556

Kam Tin San Tsuen.

As per plan deposited in the District Office, North.

2470 sq. ft. Nil.

6.00

3rd January, 1936.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI PO.

　No. S. 8.-It is hereby notified that the following Letting of Stone Quarry by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 16th day of January, 1936.

　The Quarry is let for the term of One year from the 1st day of January, 1936, sub- ject to the Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in

No. D. D.

Lot.

Square feet.

Annual Upset Crown Price.

Rent.

feet.

feet. feet. feet.

1 138

Lung Ku Tau.

As per plan deposited in 20,000 sq. ft. Nil the District Office, North.

240

DISTRICT OFFICE, TAI PO.

　No. S. 7.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 16th day of January, 1936.

　The lot is let for the term of One year from the 1st day of January, 1936, as a Threshing Floor Lot.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in Upset Square feet. Price.

Annual

Crown

Rent

No. D.D. Lot.

feet. feet. feet. feet.

109 1556

Kam Tin San Tsuen.

As per plan deposited in the District Office, North.

2470 sq. ft. Nil.

6.00

3rd January, 1936.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI PO.

　No. S. 8.-It is hereby notified that the following Letting of Stone Quarry by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 16th day of January, 1936.

　The Quarry is let for the term of One year from the 1st day of January, 1936, sub- ject to the Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in

No. D. D.

Lot.

Square feet.

Annual Upset Crown Price.

Rent.

feet.

feet. feet. feet.

1 138

Lung Ku Tau.

As per plan deposited in 20,000 sq. ft. Nil the District Office, North.

240

SPECIAL CONDITIONS.

1. The area to be leased is shewn on plan deposited in the District Office.

2. The lease to be subject to termination at any time on 3 months' notice being given by District Officer, North, without compensation but a refund of a proportionate part of the Crown Rent will be made.

3. The Lessee shall work the quarry in a proper and efficient manner and with due regard to the prevention of landslips and to the safety of the workmen and so that at the expiration of this Lease the quarry may be handed over in a safe and workable con- dition a certificate under the hand of the District Officer, North, that there has been a breach of this condition shall be conclusive evidence in that behalf.

4. The Lessee to fill in any holes in the quarry to such levels as the District Officer, North, may require and to his satisfaction.

5. The Lessee to construct such drains, channels and sand intercepting pits as may be necessary to carry off water flowing from the quarry, he will further be required to keep the drains, channels and intercepting pits free from sand and debris. In the event of the above work not being carried out to the satisfaction of the District Officer, North, such work will be done by Government at the expense of the Lessee.

6. The Lessee will not be allowed to store stone on Crown Land outside the bound- aries of the quarry without permission from the District Officer, North, first having been obtained.

　7. The Lessee will not be allowed to sub-let the whole or any portion of the quarry without permission first having been obtained from the District Officer, North.

8. The Lessee will be allowed to erect a temporary structure on the area so leased, for housing workmen not exceeding 50 in number. Such structure to be subject to removal at any time on one month's notice, or expiry or termination of the lease. The structure must comply with all requirements of the District Officer and Police.

9. The Lessee to make all arrangements as regards the removal of stone from the quarry. Any damage done to privately owned properties must be reinstated by the Lessee at his own expense.

10. The Lessee will be given permission to erect and maintain such piers and jetties as may in the opinion of the District Officer, North, be reasonably necessary for the pur- pose of shipping stone cut in the quarry into junks or boats; the sites and dimensions. of such temporary piers and jetties shall be subject in all respects to the approval of the District Officer, North, who may at any time direct the removal of any such temporary pier or jetty to any other place the expense of such removal to be borne by the Lessee.

11. All damage and compensation in respect of loss of life or injury to any indivi- dual or damage to property in respect of the quarry or the working thereof during the subsistence of this lease shall be borne and paid by the Lessee.

12. The Lessee to deposit a sum of 3 months' rent as security which will be liable to be forfeited to Government in the event of non-compliance with any of the above con- ditions.

3rd January, 1936.

T. MEGARRY, District Officer, North.

IN THE SUPREME COURT: OF

HONG KONG,

PROBATE JURISDICTION.

In the Goods of William Dobie, late of Broombush, Lockerbie, the

(FILE No. 507 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Chow Tat

County of Damfries, Scotland N Man (H) of No. 20 Shan

deceased.

OTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 26th day of January, 1936,

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 3rd day of January, 1936.

DEACONS,

Solicitors for the Executors,

No. 1, Des Vœux Road Central, Hong Kong.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25 of 1923, Notice is hereby given that Li Wa Troi () of No. 92 Thomson

Road, (first floor), Victoria, in the Colony of Hong Kong, carrying on business under the firm name of "The Fee Hang Motor Car Com-

pany" (AA) at No. 156

Hennessy Road, Victoria aforesaid (hereinafter called the Transferor") intends to transfer

the said business to Woo Chung ()

of No. 201 Hennessy Road, Victoria aforesaid (hereinafter called "the Transferee") on the 4th day of February, 1936.

The Transferee intends to carry on the said business at No. 156 Hennessy Road, Victoria aforesaid, and will not assume any of the liabilities incurred by the Transferor in the said business.

Dated the 31st day of December, 1935.

THE

WOO AND WOO, Solicitors for the parties,

NOTICE.

HE interest and responsibility of Mr. D. J. Lewis in our Firm ceased as on the 31st December, 1935.

Dated the 31st day of Decomber, 1935.

JOHNSON, STOKES & MASTER,

一視囘發用新股于營啓千為批囘囘組東乙辦者九廢消股永織議亥庄本改百紙開份和股决年生庄三毋或合興東在正意向十得有約辦遷案月有在六異遺為庄往將廿年本業年言失憑字機日三前港聲一特未號利前日因月登能繼文原及改隆明永二報繳日續新有二組街告和日聲囘之營街股股廿興明批股業一份份八辦消東並十合十擴號者合由六約日充門日約新號取召營牌後一司門鑰集業開檢律理牌另全起張出繳人仍從體見經

Tung Street, (ground floor), Mongkoktsui, în the Dependency of Kowloon and the Colony of Hong Kong, has on the 18th day of December, 1935, applied for the Registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

1000.00)

燦

丹煉百文達周

in the name of Chow Tat Man, who claims to be the proprietor thereof.

The above Mark has not been used by the applicant in respect of Substances and com- pounds used as Chinese Medicines in Class 3, but it is his intention so to use it forthwith.

A facsimile of such Trade Mark can be seen at the Offices of the registrar of Trade Marks or of the undersigned.

The applicant disclaims the right to the ex- clusive use of the Chinese Characters

達文百煉丹

appearing thereon.

Dated the 3rd day of January, 1936.

MCCALLUM & CO., Solicitors for the Applicant, 10, Ice House Street, Hong Kong.

(Pile No. 50k or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

周

́OTICE is hereby given that the Hong Kong Commercial Company, of No. 4A, Des Vœux Road Central, 2nd floor, Victoria, in the Colony of Hong Kong. Importers and Exporters have on the 12th December, 1935, applied for registration in HongKong, in the Register of Trade Marks, of the following Trade Mark:-

GIRAFFE

(FILE No. 288 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Kitano Company. of 27, Beauchamp Place, London, S. W. 3, England, dealing in Medicinal Preparations, has by an application dated the 22nd January, 1934, applied for the Registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

KITANO

in the name of The Kitano Company, who claim to be the Proprietors thereof.

The said Trade Mark is used by the Ap- plicants in respect of the following goods :-

Skin Ointment and Medicinal Prepara- tions for human use in Class 3.

Dated the 3rd day of January, 1936.

REMFRY & SON,

Patent and Trade Mark Attorneys,

"Stephen House",

Dalhousie Square,

Calcutta.

(FILE No. 511 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade àlarks.

OTICE is hereby given that The Hop Hing Oil Factory, (合興公司

of No. 195 Yee Kuk Street, Sham-

shuipo, in the Dependency of Kowloon, in the Colony of Hong Kong, Merchants, have on the 24th day of December, 1935, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

in the name of the said Hop Hing Oil Factory,

in the name of the Hong Kong Commercial Company, who claim to be the proprietors (AA) who claim to be theroof.

The Trade Mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of leathers in Class 37.

bad

The Registration of this Mark shall give no right to the exclusive use of the Chinese

characters 寶泰洋行 appearing

thereon.

Dated the 3rd day of January, 1936,

THE HONGKONG COMMERCIAL CO.,

Applicants.

the proprietors thereof.

The said Trade Marks have been used by the applicants since the middle of the year 1933 in Class 42 in respect of peanut oil used for food purposes.

Facsimiles of such Trade Marks can be scen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 3rd day of January, 1936.

.P. H. SIN & CO., Solicitors for the Applicants, Asia Life Building,

Hong Kong..

(FILE No. 506 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Cadbury

Brothers, Limited, of Bournville, Bir- mingham, England, Manufacturers, have, by an application dated the 2nd day of Novem- ber, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BOURN-VITA

in the name of Cadbury Brothers, Limited, who claim to be the proprietors thereof.

　　　　　The said Trade Mark has been used by the Applicants since 1934 in Class 42 in respect of preparations consisting of a combination of Cocoa, Malt Extract, Milk, and Eggs, used for making a Beverage.

The Trade Mark is associated with Trade Mark No. 152 of 1908.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 3rd day of January, 1936.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicants, Bank of East Asia Building, Hong Kong.

NOT

(FILE Nos. 424 and 426 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four Trade Marks.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft of Gruneburgplatz, Francfort-on-Main, Germany, Manufacturers, have on the 14th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

Distra

(2)

Woolstra

繭

絲

泰

(FILE No. 471 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Po Chiu Battery Company (普照電池

of Nos. 41, 53 and 55 Yen Chow Street, Shamshuipo, Kowloon, Hong Kong, have, by an application dated the 25th day of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(3)

Finopan

(4)

Novopan

樂

****

飛

羅

片

No.919

ALL THE PRODUCTS OF OUR FACTORY ARE MADE OF BEST MATERIALS AND

BY THE MOST SCIENTIFIC PROCESS

AT THE KEEP OF THE GOOD

MACHINERIES AND THE RAPIDNESS OF PRODUCTING THE PRODUCTS OF GOOD QUALITY CAN BE SOLD VERY CHEAPLY THEREFORE SINCE THEY AREINTO THE WORLD THEY ARE WELCOME EVERY ONE

MADE IN HONG KONG

MODERN GIRL

PO CHIU BATTERY CO.

　　　in the name of the said Po Chiu Battery Com- pany, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used

by the applicants forthwith in respect of Flash- light Cells in Class 8.

　　　　Registration of the said Trade Mark shall give no right to the exclusive use of the abbreviation and numerals "No. 919" either in combination or separately and of all the words appearing thereon with the exception of the words Modern Girl".

　　　　Registration of the said Trade Mark is limit- ed to the colours as shown on specimen mark affixed to the application for registration.

Dated the 6th day of December, 1935.

片

in the name of I. G. Farbenindustrie Aktiengesellschaft who claim to be the sole proprietors thereof.

The Trade Mark No. 4 has been used by the Applicants in respect of cinematographic films in Class 8.

The Trade Marks Nos. 1, 2 and 3 have not hitherto been used by the Applicants but it is their intention to use same forthwith as regards Trade Marks Nos. 1 and 2 in respect of Artificial textile fibres, yarns and piece goods in Class 50 and as regards Trade Mark No. 3 in respect of cinemato- graphic films in Class 8.

The said Trade Mark No. 3 is to be associated with Trade Mark No. 179 of 1934 and the said Trade Mark No. 4 is to be associated with Trade Mark No. 70 of 1932.

Facsimiles of such Trade Marks can be seen at the offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of December, 1935.

ARA

1/ TT AT T BRITTON & CO

DEACONS,

Solicitors for the Applicants,

(FILE No. 462 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Luen Fung

& Co. of 49, Nathan Road, Kowloon, Hong Kong, and of 13, Sun Hing Street, Canton, China, on the 8th day of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

FLASH CRACKERS

中國廣州市

聯豐廠

CAMEL

Brand

(FILE Nos. 464 and 470 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Kun Hing

(FILE NO. 465 of 1935) TRADE MARKS ORDINANCE, 1909.

Hong, of No. 86, Wing Lok Street, N

Hong Kong, have by two applications dated the 15th and 25th days of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing two Trade Marks:-

(1)

標商

興勤

電光炮

本五三零

用廠

MANUFACTURED BY LUEN FUNG CANTON

MADE IN CHINA

(2)

請

標雙悝中紙

西覲

庶旗痫外天幕南分

KUN HING HONG

86. Wing Lok Street

We have bench shop 11 Kao-ing, Exangui l felet sed

Duper High Quality White Walding Paper

Math "Croen Fiage" Koquiry writed

Telepho No 272%

Hack & Cable achirasa.-

US HONGKONG

Trade

Application for Registration of a Trade Mark.

OTICE is hereby given that Messrs.

Jebsen & Co. of No. 12 Pedder Street, Hong Kong, have, on the 16th day of Novem- ber, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

OSTRICH

Brand

Mash-

-trackers

Made in China by Loen Eins

in the name of Luen Fung & Co., who claim to be the proprietors thereof.

The Trade Marks have been used by the Applicants in respect of Fire-works and Fire- crackers in Class 20.

　　　　The Registration of the "Camel" trade mark shall give no right to the exclusive use of the firm name in English and Chinese and of the numerals 1,5/8" appearing thereon either in combination or separately and that the Registration of the Ostrich" trade mark shall give no right to the exclusive use of the words" Luen Fung and of the numerals 1,5/8" appearing thereon either in combination or separately.

Dated the 6th day of December, 1935.

LUEN FỪNG & CO., Applicants.

(FILE NO. 461 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the San Man Noodle and Macaroni Factory of 570, Queen's Road West, Victoria, in the Colony of Hong Kong, have on the 8th day of November, 1935, applied for the registration in Hong

Kong, in the Register of Trade Marks, of the

following Trade Mark :----

標酋馬飛

(2)

****

in the name of Kun Hing Hong, who claim to be the sole proprietors thereof.

Trade Mark No. 1 is to be registered in Class 39 in respect of Chinese white wadding paper. Trade Mark No. 2 is to be registered in Class 1 in respect of Aluminium powder. The two Trade Marks have not hitherto been used by the applicants but it is their intention so to use them forthwith in respect of the goods mentioned above.

Registration of Trade Mark No. 1 shall give no right to the exclusive use of the Chinese characters "" appearing thereon.

Dated the 6th day of December, 1935.

KUN HING HONG,

No. 86, Wing Lok Street, Hong Kong, Applicants.

in the name of Messrs. Jebsen & Co., who claim to be the proprietors thereof.

The above Trade Mark is intended to be used forthwith by the Applicants in respect of En- gineering, architectural, and building contriv- ances, including electric wire and cables in Class 18.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks, Hong Kong.

Dated the 6th day of December, 1935.

JEBSEN & CO.,

Applicants.

12, Pedder Street, Hong Kong.

(FILE No. 427 of 1935)

TRADE MARKS ORDINANCE, 1909.

N°

Application for Registration of

a Trade Mark.

OTICE is hereby given that J. Thiriez Pere et Fils et Cartier-Bresson of No. 63 Faubourg de Béthune, Lille, in the Republic of France have on the 16th day of September,. 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

L. LV.

СTRADE MARK

in the name of the San Man Noodle and Macar- oni Factory, who claim to be the proprietors thereof.

　　　The Trade Mark has been used by the Appli- cants in respect of Noodle and Macaroni made of rice and/or flour in Class 42.

Dated the 6th day of December, 1935.

Trade and Shipping Returns for the month of November, 1935.

COMPILED by the Statistical

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

PARIS

in the name of J. Thiriez Pere et Fils et Cartier-Bresson who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1931 in respect of sewing cotton and cotton yarn in Class 23.

The Registration of this mark shall give no right to the exclusive use of the letters "L. V." appearing thereon either in combination or separately.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of November, 1935.

WILKINSON AND GRIST,

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 9.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

S. 345 of 25.10.35.

Tender

S. 333 of 25.10.35.

S. 366 of 8.11.35.

S. 369 of 8.11.35.

S. 367 of 8.11.35.

S. 368 of 8.11.35.

S. 365 of 8.11.35.

S. 370 of 6.11.35.

PARTICULARS.

FIRMS.

for Painting and Repairs of H.M.S. "Corn- flower."

Tender for making Uniforms for Government Depart- ments.

Tender for supplying Black

Soil and Turfing.

Messrs. The Hong Kong and

Whampoa Dock Co., Ltd.

Messrs. A-Man Hing Cheong.

Messrs. Lam You Kee.

Tender for the supply of Messrs. Li Kau.

Labour and Stores, Botani-

cal and Forestry Depart- ment.

Tender for the purchase of Pine Trees, Brushwood and Prunings from trees.

Tender for the supply of

Flower Pots.

Tender for making Tree Pits, Planting Trees and Sowing Seeds in situ.

Messrs. Sam Kee.

Messrs. Cheung Hing Tai.

Messrs. Sam Kee.

Tender for Medical Depart- Messrs. A. S. Watson and Co.,

ment Contract.

Ltd. The Dairy Farm, Ice and Cold Storage Co., Ltd. Messrs. Hop Kee, and The Steam Laundry Co.

The Indian Stores.

S. 397 of 6.12.35.

Tender for the supply of

Rations for Indian Police.

S. 398 of 6.12.35.

Tender for the supply of Rations to Indian Prison Staff.

The Indian Stores.

S. 387 of 29.11.35.

Tender for Boots, Hong Kong Messrs. Fook Sing.

Volunteer Defence Corps.

S. 355 of 30.11.35.

Tender for Road to Smugglers

Mr. Tang Shui Kwong.

Pass.

W. T. SOUTHORN,

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 10.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

10th January, 1936.

Authority.

Notification No. 729 of 23rd September, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 11.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

10th January, 1936.

Reference to

Date.

Government

Notification,

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 12.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1935.

Language

Title of Book.

which it is

written.

Name of

Author,

Translator,

Place of

Name or

Firm of

Date of

Number

Printing

Issue

Number

Printer and

Subject.

and

from

Name or

Sheets,

Leaves,

Size.

Number of

Copies of which the

Whether

Printed

Price at

which the

Book is

Editor.

Place of

Publication.

the

Edition.

Edition

Litho-

Firm of

consists.

Press.

graphed.

sold to the

Public.

Name and Residence of the Proprietor of the Copyright or any Portion of such Copyright.

Publisher.

Pages.

-Lyemun Pass

English.

J. M. L.

Gutierrez.

Guide.

50, Portland

Printer,

Street,

Kowloon.

Hip Shing

Printing Co.

Publisher,

The

Bedikton Co.

15.10.35. leaves. 71"x5" First.

500

Printed. Gratis

J. M. L.

Gutierrez,

26, Robinson

Road.

Printer,

The News-

31.10.35. 152

8" x 6" Second.

1,000 Do.

$1.50

pages.

paper Enter-

W. L

Handyside,

A. H. Crook

and W. Kay.

History for Hong Kong. schools.

1.-An Introductory [istory.

in collabora-

tion with

prise Ltd. Publisher,

W. L.

Handyside.

5.- O'Farrell and O'Brien

Do.

lode Condenser.

John H.

O'Brien.

as per title.

Do.

Printer,

S. C. M. P,!

1.11.35.

13" x 8" First.

Do.

pages.

Ltd.

Publisher,

John H.

O'Brien.

W. L.

Handyside, Hong Kong.

$15.00 John H. O'Brien,

c/o Messrs.

Reiss Massey

and Co. and

Wm. F.

O'Farrell,

Pakhinhok,

Canton.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1935,-Continued.

Language

Title of Book.

Name of

Author,

Translator,

Place of

Name or

Firm of

Date of

Number

Printing

Issue

Number

Printer and

Subject.

and

from

which it is

written.

Name or

Sheets,

Leaves,

Size.

Editor.

Place of

Publication.

the

Edition.

Firm of

Publisher.

Number of Copies of which the

Edition

consists.

Whether

Printed

Name and

Price at which the

Press.

Litho-

graphed.

Book is sold to the

Public.

Residence of the Proprietor of the

Portion of such Copyright.

Pages.

26.-Snaps of Life

English.

R. Paul.

Study of

human

Hong Kong.

Printer,

Standard

16.12.35 68

pages.

33"x6" First.

1,000

Printed.

cents.

R. Paul,

5, Nanking

nature-

humorously written.

Press.

Publisher,

treet,

Kowloon.

R. Paul.

3rd January, 1936.

B. C. K. HAWKINS, p. Secretary for Chinese Affairs

No. S. 13.

POLICE DEPARTMENT.

TRAFFIC REGULATIONS DURING THE RACES.

I. It is hereby notified that on the days fixed for the Annual Race Meeting at Wong- Nei-Chong (February 22nd, 24th, 25th, 26th and 29th), the following Regula- tions, under Ordinance No. 2 of 1869, will be in force :---

1. All vehicles going to the Races at Wong-Nei-Chong will proceed clockwise

round Happy Valley via Wong-Nei-Chong Road to the entrance gates.

Motorists from town are advised to proceed via Arsenal Street, Hennessy Road, Percival Street and Leighton Hill Road.

2. At the Race Course passengers will alight from and board Tramcars and Buses at: (1) the main public entrance gate and (2) the members entrance gate only.

3. Pedestrians must walk on the footpaths, and not on the Roadway.

4. Vehicles must proceed at a slow speed in the vicinity of the Race Course.

5. Vehicles will be parked in the vicinity of the Race Course as directed by

the Police on duty.

6. Dogs are not allowed on or near the Race Course.

Any dog found

straying on or near the Race Course is liable to be destroyed.

NOTE. - Kennedy Road will be open to light motor traffic from 11 a.m. to 7 p.m.

11.-Extra Race Meetings during the year 1936.-On days fixed for Extra Race Meetings,

One way traffic will be enforced in Wong-Nei-Chong Road.

Kennedy Road will not be open to motor traffic.

7th January, 1936.

T. H. KING, Inspector General of Police.

POLICE DEPARTMENT.

　　No. S. 14.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Motor Vehicle Number Plates", will be received at the Colonial Secretary's Office until Noon of Thursday, the 23rd day of January, 1936.

More or less 4,000 pairs Motor Vehicle Number Plates of approved shape.

　　No tender will be received, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person fails or refuses to carry out his tender, should the tender be accepted.

For further particulars and forms of tender apply at Police Headquarters.

The Government does not bind itself to accept the lowest or any tender.

T. H. KING, Inspector General of Police.

8th January, 1936.

HARBOUR DEPARTMENT.

　　No. S. 15.-Tenders are invited for the purchase of the following unserviceable Governmet stores:

3 Pulling Boats.

1 old Kelvinator cabinet and machinery parts.

1 old Copeland refrigerator.

1 ton (approx.) old canvas.

11⁄2 ton (approx.) old scrap iron.

2 tons (approx.) old scrap chain.

15 40-gall. drums.

2 old mooring buoys.

　　Sealed tenders in triplicate which should be marked "Tenders for the purchase of Unserviceable Government stores", will be received at the Colonial Secretary's Office, until Noon of Friday, 17th January, 1936.

　　The stores may be seen on application to the Assistant Government Marine Sur- veyor, Yaumati Slipway and the Chief Boarding Officer, Harbour Department.

The Government does not bind itself to accept the highest or any tender.

7th January, 1936.

G. F. HOLE,

Harbour Master, &c

GOVERNMENT LABORATORY.

No. S. 16.-Return of samples examined under "The Sale of Food and Drugs. Ordinance, 1896," for the quarter ended 31st December, 1935.

Description.

Number of Samples.

Number found genuine.

Number found adulterated.

Bread

Butter, fresh

Butter, tinned...

Coffee

Flour

Lard....

Milk, fresh

Oil, ground nut

Sugar

Tea

Total...

109

7th January, 1936.

A. JACKSON, Government Analyet.

GOVERNMENT LABORATORY.

No. S. 17.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the year ended 31st December, 1935:-

Description.

Number of samples.

Number found genuine.

Number found adulterated.

Biscuit.

Bread

Butter, fresh

.13

Butter, tinned.....

Cheese...

Coffee

. Flour

Fruit, tinned

Jam

Lard

Milk, fresh

Milk, tinned

Mustard

Oil, ground nut

Rice

Sugar

Sweets

Tea

Vegetable, tinned

Vinegar

Total.

288

270

7th January, 1936.

A. JACKSON, Government Analyst.

PUBLIC WORks Department.

　　No. S. 18.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for The New Market at Tsun Wan", will be received at the Colonial Secretary's Office until Noon of Monday, the 27th day of January, 1936. The work consists of the erection of a New Market in reinforced Concrete, including fitting of the stalls and Coolie Quarters, W. C. and Latrine in brickwork and a drainage scheme.

As security for the proper performance of the works under this contract, the suc- cessful tenderer will be required to deposit in cash, a sum of $800 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th January, 1936.

R. M. HENDERSON,

Director of Public Works.

HONG KONG NAVAL VOLUNTEER FORCE.

　　No. S. 419.-It is hereby notified that sealed tenders in triplicate, which should he clearly marked "Tender for Supply of Uniform to Hong Kong Naval Volunteer Force", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 15th day of January, 1936. The Uniform to be supplied is set out in the:-

Schedule "A" for Winter Uniform (including Mess Dress).

Schedule "B" for Suinmer Uniform (including Mess Dress).

Schedule "C" for Uniform for Petty Officers (Winter and Summer). Schedule "D" for Uniform for Ratings (Winter and Summer).

For form of tender, specification and further particulars apply at the Office of the Force, 6, Des Voeux Road Central, 4th floor.

The Government does not bind itself to accept the lowest or any tender.

24th December, 1935.

A. L. SHIELDS,

Commanding Officer, H. K. N. V. F.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY,

No. 13 of 1925.

Re Fung Shu Kai, of No. 8a, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Clerk.

NOTICE is hereby given that the Court has

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION,

In the Goods of Robert Henry Hunt, late of Worcester, Worcester County, Massachusetts, United

States of America, Gentleman de- ceased.

appointed 1st day of February, 1936, at 10 NOTICE is hereby given that the Court has

o'clock in the forenoon, for hearing the appli- cation for discharge of the above-named debtor.

Dated the 10th day of January, 1936.

W.J. LOCKHART-SMITH,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 17 of 1934.

Re The Yau Kee Cheong firm, of No. 7 Bonham Strand East, Victoria, in

the Colony of Hong Kong, money

changer, and Lau Sing Sam, the

managing partner, and all other partners therein.

FRIST dividend of $5.00 per cent has

been declared in the above-matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 18th day of January, 1936, between subsequent day during office hours.

the hours of 10 a.m. and 4 p.m. and on any

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 6th day of February, 1936.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 1Cth day of January, 1936.

DEACONS,

Solicitors for the Executor, No. 1, Des Voeux Road Central, Hong Kong.

白告份股退承

(FILE No. 510 of 1935). TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chung Nam Soap Factory, of No. 20 Mercers Street, Victoria, in the Colony of Hong Kong, Manu- facturers, have on the 23rd day of December, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

標

茶

商

in the name of Chung Nam Soap Factory, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap-

plicants since 1930, in respect of the following

goods:

Washing Soap, in Class 47.

The registration of the Trade Mark shall give no right to the exclusive use of the

Chinese characters " 中南 " appearing

Dated the 10th day of January, 1936.

一銘承之及易與該紹啓九景受前轉清伍押元者三記人向轕楚兆之押李六無無賣未如德股生尙| thereon. 年涉涉出清李承份意銘元特嗣股等尙受本股用承賣月此後份事銘準銀份景受出九聲紹人請景于六本記 any bills of Exchange or other securities hel d 股股日明理記一千銀名 by them, and must sign a receipt in the 份份以一有九元六字人人免生一九欠三及千占伍李後意經三到六所元有尙論盈交六各有現

虧易年號二利自箕

Creditors applying for payment must produce

prescribed form.

Dated the 10th day of January, 1936.

W.J.LOCKHART-SMITH,

Offcial Receiver. 兆銘

NOTICE OF TRANSFER

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance No. 25

of 1923. Notice is hereby given that Sit Hok

Nin(薛鶴年) and Sit Wai Keung (薛偉強) both of No. 7 Tit Hong Lane

(Second Floor), Victoria, in the Colony of Hong Kong, carrying on the business of Fish Dealers under the style or firm name of Hi

Shing Kee Hop Lung (盛記合隆)

at Central Market, Victoria aforesaid (herein- after called "the Transferors ") have agreed to sell the business of the said Hi Shing Kee Hop Lung firm together with its goodwill, stock-in- trade, book debts, fixtures, furniture, and

effects to Chan Hing Fong (振興堂)

of No. 4 Jubilee (Second floor),Victoria

Transferee ").

aforesaid, "Merchant,e(hereinafter called The

The Transferee intends to carry on the said

business at Central Market, Victoria aforesaid under the style or firm name of "Chan Hing

Lung (振興隆)" and will not assume

any of the liabilities incurred by the Trans- ferors in connection with the said business.

Dated the 7th day of January, 1936.

TA ATA QIJ

额

德記

亦之二揭月畚願灣與後月入一將西李槪八等日槪占大尙與日項交賣有街

白告明聲

大聲理涉意月概老樓英明安日盈什賣自高者一以自前虧二與願露香千免交高及日合將記港

承出九後易露華交德高珍擺

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Hongkong & Shanghai Bank Building,

Hong Kong.

(FILE No. 239 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company, of 100 West 10th Street, Wilmington, Delaware, in the

United States of America, and No. 26, Broad- way, New York City, New York, United States Hong Kong, have on the 28th day of May, 1935,

of America, and Union Building, Victoria,

applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

(1)

TEROLA

(2)

PENOLA

The above marks are associated with each

These marks have not hitherto been used by

受賣百論之記洋易堂露珠花 | in the name of Standard-Vacuum Oil Company, 人人三此後之轉自德記鑽街| who claim to be the proprietors thereof. 合高+佈與數轕交記之石門 other.

露六承目一易承貨首牌 the applicants but it is their intention to use

受亦概之受物飾第高正人要與後准傢生- 6月無歸出該期私意號記芝九涉出賣德西舖今樓同日特賣人記歷底下

them in respect of Petroleum and products of petroleum with or without admixture of other

greases, in Class 47.

inaterials and in particular lubricating oils and

Dated the 10th day of January, 1936.

STANDARD-VACUUM OIL COMPANY,

F D TRACV

(FILE No. 502 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tak On Wo Company (德安和公司) of No. 24 Bouham Strand East, Victoria, Hong Kong, have, by an application dated the 9th day of December, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

福雙

K.K.K.

(FILE No. 462 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Luen Fung Hong Kong, and of 13, Sun Hing Street, & Co., of 49, Nathan Road, Kowloon,

Canton, China, on the 8th day of November, Kong, in the Register of Trade Marks, of 1935, applied for the registration in Hong

the following Trade Mark:-

Superfine Quality Extra Selected

FLASHLIGHT CRACKERS

** TURKEY **

Brand

20 REPORTS

1월

中國廣州聯豐做造

(FILE No. 500 of 1935) TRADE MARKS ORDINANCE, 1809.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Yuen Kwong Wo Firm, (源廣和號) of No.

112 Jervois Street, Victoria, Hong Kong, have, by two applications both dated the 2nd day of December, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

( 1 )

(2)

in the name of the said Tak On Wo Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the applicants forthwith in respect of Shirts, Singlets, Pyjamas, Underwear and Hosiery in Class 38.

　　　　　The registration of the said trade mark shall give no right to the exclusive use of the letters "K. K. K." appearing thereon either in com- bination or separately.

Dated the 13th day of December, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, Bank of East Asia Building, Des Voeux Road Central, Hong Kong.

MADE IN CHINA

LUEN FUNG. Canton,

DO NOT

HoldinHand

AFTER LIGHTING

in the name of Luen Fung & Co., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect of Fire-works and Fire-crackers in Class 20.

The registration of this mark shall give no right to the exclusive use of the firm name in English and Chinese and of the numerals "20" and "1,5/8" appearing thereon either in com- bination or separately.

Dated the 13th day of December, 1935.

LUEN FUNG & CO,

Applicants.

(FILE No. 475 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Singer Manufacturing Company, a

Corporation organised under the laws of the State of New Jersey, United States of America, of 107 Trumbull Street, Elizabeth, County of Union, State of New Jersey, United States of America, and of 149 Broadway, New York, County and State of New York, United States of America, trading as Sewing Machine Manufacturers and Dealers, on the 30th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

THE

in the name of the said Singer Manufacturing Company, who claim to be the proprietors thereof.

　　　　　The Trade Mark has been used by the Applicants in respect of Sewing Machines in Class 6 and parts of sewing machines included in Class 6.

Dated the 13th day of December, 1935.

HASTINGS & CO., Solicitors for the Applicants,

Glonasstor Ruilding

萬

德

in the name of the said Yuen Kwong Wo Firm, who claim to be the proprietors thereof.

The Trade Marks have been used by the Applicants in respect of Chinese Paper in Class 39.

The Trade Marks are associated with each other.

Dated the 13th day of December, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, Bank of East Asia Building, Des Voeux Road Central, Hong Kong.

(FILE No. 66 OF 1926)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Hazel Atlas Glass Company, a Corporation of the State of West Virginia in the United States of State of West Virginia, City of Wheeling, America, Manufacturers, have on the 12th day of October, 1925, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

鳳

in the name of Hazel Atlas Glass Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plica ts since the year 1920 in respect of Glass Ware, tumblers, dishes and glasses in Class 15.

The letters" H.A. have been declared to be distinctive by Order of His Excellency the Officer Administering the Government pur- suant to Section 9 (5) of the Trade Marks

Ordinance, 1909.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of December, 1935.

DEACONS,

Solicitors for the Applicants,

1 Des Voeux Road Central

(FILE No. 529 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Holland China Trading Co., Ltil. of No. 67 to 69. Des Vœux Road Central, Victoria, in the Colony of

(FILE NO. 498 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Hong Kong, have on the 30th day of December, NOTICE is hereby given that. The British

1935,applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:--

in the name of the said Holland China Trading Co., Ltd., who claim to be the proprietors

thereof.

The above Trade Mark is intended to be used by the applicants as follows :-

Press Buttons in Class 50.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 10th day of January, 1936.

HOLLAND CHINA TRADING CO., LTD' Applicants.

The Hong Kong

Government Gazette

Local Subscription.

Portland Manufactures Limited of Portland House, Tothill Street, Wes minster, London, S. W., England, Cement Manufac- turers, have by an application dated the 26th day of October, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

COLORCRETE

in the name of The British Portland Cement Manufacturers Limited, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in respect of Cements included in Class 17 since the 4th day of October, 1929.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 13th day of December, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

Bank of East Asia Building, 10, Des Voeux Road Central, Hong Kong.

白告股退

人

一九三六年一月十

以意新由程

1程營啓九兒之自該生

後事

生畢者

概營司至行前

$18.00

伍伍

年此與業退

榮弟

Half year, Three months,

(do.),

10.00

(do.),

6.00

學連

Foreign, $6 extra for Postage.

逢活月

新等

志程伍

Terms of Advertising.

For 5 lines and under,......

Per annum (payable in advance),.

Each additiona! line,

Chinese, per Character,

Repetitions,

$1.00 for Ist

-佈弟

無所

伍黃伍日涉有意圖公榮先關交別司新

$0.20 insertion. 洪澤于

5 cente.

Half price.

Advertisement must reach this office not later

啓溥樂

同

than 3 P.M. on Thursdays for insertion in

yriday's isssue.

啓

此於同業建合聲該伍師築股明生榮日工經

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

LEGISLATIVE COUNCIL.

No. S. 19.-The following Bills were read a first time at a meeting of the Council held on the 16th January, 1936 :-

[No. 2-18.12.3-6.]

(C.S.O. 4305/30).

A BILL

Short title.

Validation of

INTITULED

An Ordinance to validate certain undertakings which have been constructed or commenced over and upon unleased Crown foreshores and sea bed; and to enact certain general provisions which shall be deemed incorporated, unless expressly varied or excepted, in future Ordinances authorising reclamation or other works of a public nature. over and upon such foreshores and sea bed.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, follows:-

1. This Ordinance may be cited as the Public Reclama- tions Validation and Clauses Ordinance, 1936.

Part I.

2.--(1) All public and private rights of navigation or undertakings fishing and all public and private rights of access,

set out in

the Schedule

and extinc- tion of

rights, claims, etc.

thereto.

user,

possession or occupation, and all other public or private. rights (if any) in upon and over the Crown foreshore, sea bed and land occupied, or to be occupied on completion, by each of the undertakings set out in the Schedule, and existing with respect prior to the commencement thereof, shall be deemed to have been extinguished and to have ceased to exist on such commencement; and such undertakings are validated for all purposes notwithstanding that such works may have been undertaken or commenced without regard to such rights (if any) and without the authority of any enactment extinguishing such rights.

Section 10

(2) No claim shall at any time be made, or action brought or continued, in respect of the extinguishment under this section, in whole or in part, of any public or private right, or the injurious affection of any land or other property resulting therefrom.

3. The provisions of section 10 shall apply also to the to apply also Pipe Lines and other undertakings set out in the Schedule.

to the Pipe

Lines and

other under-

takings in

Schedule.

Application

of Part II

to future

Ordinances

authorising

Part II.

4. In any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed, provisionally and subject to the definitive approval of the Governor in public under- Council, the provisions of this Part of this Ordinance shall takings over be deemed to be incorporated unless expressly varied or

excepted by such Ordinance.

provisionally

and upon unleased Crown

foreshore

and sea bed.

cf. 8 & 9

Vict. c. 18,

s. 1.

of under-

5.-(1) Notification of every such undertaking with a Notification description thereof and of the area intended to be occupied taking in connection therewith, shall be published in every ordinary hearing of issue of the Gazette during a period of two months and shall publication objections, also be published by proclamation in the Chinese language of definitive which shall be publicly posted in some suitable place on of and com- near the said area.

(2) Every such notification and proclamation shall contain a notice calling upon all persons having objections to the said undertaking or any claims of private right in respect thereof to send in their objections or claims of right in writing, specifying the nature of such objections and claims, to the Director of Public Works before the expiration of the said period of two months.

(3) All such objections and claims shall be duly considered by the Governor in Council who shall afford to every person, who has so sent in his objection or claim in writing, an opportunity of being heard in person or by counsel or solicitor.

(4) After affording the objectors and claimants an opportunity of being heard, or if no objection or claim is sent in as aforesaid, the Governor in Council may give definitive approval of the undertaking or any modification thereof.

(5) Notification of such definitive approval with a description of the undertaking and of the area intended to be occupied in connection therewith shall be published in the Gazette.

The execution of any such undertaking or any modification thereof shall not be commenced until such definitive approval shall have been so published.

approval

mencement of execution

of under-

taking.

of rights on

approval.

6. Upon the publication of such definitive approval all Extinction public and private rights of navigation or fishing and all publication public and private rights of access,

　　　　　　　　　　　　　user, possession or of definitive occupation, and all other public or private rights (if any) in upon and over the Crown foreshore, sea bed and land to be occupied by the undertaking shall be extinguished and cease to exist.

for com-

claims where private rights are affected.

7. (1) No action shall at any time be brought or Provision continued in respect of the extinguishment under section 6,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　›pensation in whole or in part, of any public or private right or the injurious affection of any land or other property resulting therefrom. But any person who shall have sent in a claim of private right under section 5 (2) (or the executors, administrators or assigns of such person) and who seeks to recover compensation in respect of any such extinguishment or injurious affection, may, within two months after the publication of the definitive approval under section 5 (5), deliver to the Director of Public Works a Statement of Claim in writing setting forth, with full particulars, the nature of his claim and the amount of compensation which he seeks

to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settle- ment of any claim.

(3) If the Governor makes no acceptable offer of settle- ment or compromise within two months of such delivery of the written Statement of Claim, the claimant may within three

Powers of judge in claims of

compensa- tion.

No enlarge- ment of compensation rights.

Liability for damage to works.

10 & 11

Vict. c. 27, 8. 74.

Saving of right of the Crown.

Saving of Admiralty rights. Ordinance

No. 8 of 1906.

months of such delivery notify the Director of Public Works that he desires a reference to a judge; and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the Chief Justice shall arrange.

(4) Such judge shall on the application of any party, or Lay without any such application, appoint one or more assessors to advise him upon any matters requiring pro- fessional knowledge.

(5) Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant, and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be taxed by the Registrar of the Supreme Court.

(6) No appeal shall lie from any award or decision of a judge under this section.

8. For the purposes of the hearing of any claim for compensation, such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of the following matters :-

(a) enforcing the attendance of witnesses and examining them upon oath, or otherwise;

(b) compelling the production of documents;

(d) ordering inspection of any premises; and (e) entering upon and viewing any premises.

9. Nothing in this Ordinance shall be deemed to recognise or create any right or claim, or any greater right or claim to compensation than but for this Ordinance would exist and be recognised and enforceable by action in the Court.

(2) Any claim or other proceedings by the Government under this section may be brought in the name of the Attorney General.

(3) Nothing in this section shall be deemed to authorise the arrest of, or proceedings against, any vessel which is the property of His Majesty or of any foreign State.

11. Nothing in this Ordinance shall be deemed to be in derogation of any of the powers or rights of the Crown.

12. Nothing in this Ordinance shall be deemed to authorise the construction of any works within or interfering with the Admiralty works authorised by the Naval and Military Works Ordinance, 1906, without the previous consent of His Majesty's Lords Commissioners of the Admiraltv.

Date.

SCHEDULE.

Undertaking.

Approxi- mate Area

Whether in

Progress or

in Acres.

Completed.

1912-1926 Reclamation at Shamshuipo

1920-1928 Tai Kok Tsui Reclamation

1922-1927 Water Boat Dock at Laichikok.

1923-1927 Kowloon Bay East Reclamation

do. Kowloon Bay West Reclamation

1929-1930 Passenger Ferry Pier at Shan

Tung Street, Mong Kok Tsui.

103

Completed.

do.

1.4

do.

18.5

do.

128.5

do.

.25

do.

Passenger Ferry Pier at Pei Ho

Street, Shamshuipo

.25

do.

1930

First Cross-Harbour Pipe Line.

do.

1931-1932 Vehicles and Passenger Ferry

Pier and approaches at Jubilee Street, Hong Kong

1.73

do.

Vehicles and Passenger Ferry

Pier and approaches at Jordan Road, Kowloon

2.66

do.

1931

Reclamation

extending

at North Point eastwards

from

M.L. 431

In progress.

1932

Reclamation at Yacht Club

5.66

do.

1934

Reclamation at Kun Tong

do.

1934

Reclamation at Kennedy Town.

do.

1934

Refuse-boat Pier and Live-stock

Landing at Ma Tau Kok Road

Completed.

1934

Refuse-boat Pier at Kweilin

Street

.028

do.

1934

Second Cross-Harbour Pipe Line

do.

1934 Landing Steps at Arsenal Street

.009

do.

Objects and Reasons.

1. It is a recognised principle of English law that owners. of land may be required by the Legislature to surrender some or all of the rights they possess in or over their land for purposes of public utility. It is an equally recognised principle that (save in certain exceptional cases of emergency with which we are not now concerned) it is unjust to require that surrender without making provision for due compensation to those whose private rights are affected. When the land. itself has to be surrendered it is said to be compulsorily taken or purchased; but if some only of the rights in or over the land are required to be given up the land is commonly said to be injuriously affected.

2. In England the necessary authority to take or injuriously affect land is obtained from Parliament, either directly by an Act passed for the purpose, or indirectly under Acts containing general powers which may be exercised for particular purposes and upon certain conditions. The former class of Act usually specifies the land which may be taken and limits the time within which the acquisition must take place. The latter class contains no such limitations but in many cases some form of order is required before the powers can be put into force.

3. In this Colony both the direct and the indirect have been adopted in the past. Examples of such local Legislation are the Praya Reclamation Ordinance, 1889, The Praya East Reclamation Ordinance, 1921, the Harbour of Refuge Ordin- ance, 1909, the Foreshores and Sea Bed Ordinances of 1901 and 1932, and the Crown Lands Resumption Ordinance, 1900. Under some of these Ordinances, subject to the payment of compensation, private land can be taken for public purposes. Under others while the land itself is not taken provision is made for compensation where it has been injuriously affected by the loss of access to the sea where leases of foreshore and sea bed are granted.

4. But it seems that, unless the land itself is required or unless a Crown Lease of property is to be granted. our Legislature has not so far provided for the cases where private land is not required but may nevertheless be injuriously affected by a reclamation or other improvement which is to be retained for public use as a roadway, pier approach or other work which the Government undertakes in the interests of the Colony generally.

5. The works set out in the Schedule to this Bill belong to this category. They have been undertaken over and upon unleased Crown foreshores and sea bed without complaint but at the same time without legislative authority, other than that which is contained in the Annual Appropriation Ordin- ances which have justified expenditure on the undertakings but have contained no provision for the extinction of rights. or for compensation where compensation is due.

6. The possibility of enacting a Bill which while validating past works would give the Government general power to undertake similar works in the future has been carefully explored and been found open to serious objection. It has therefore been abandoned.

7. The objects of this Bill are different. They are first to validate the extinction of any public or private rights which might be considered to subsist in the works enumerated in the Schedule, which, as has been stated, have been under- taken without complaint; and, secondly, to make provision for a scheme of notice and compensation which is to be applied in the case of future Ordinances authorising under- takings of this nature.

8. Clause 1 is the Short title.

9. Clause 2 validates the undertakings enumerated in the Schedule.

10. Clause 3 applies the provisions of clause 10 to the Pipe Lines and other undertakings set out in the Schedule.

11. Clause 4, which is derived from section 1 of the Lands Clauses Consolidation Act, 1845, enacts that the clauses which follow shall, unless expressly excepted or varied, be deemed to be incorporated in any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed provisionally and subject to the definitive approval of the Governor in Council.

12. Clause 5 deals with the notification of the authorised undertaking, the hearing of objections, the publication of definitive approval and the commencement of the execution of the work. It may be compared with section 2 of Ordinance No. 26 of 1932.

13. Clause 6 provides for the extinction of rights upon the publication of the definitive approval. It is derived from section 8 of Ordinance No. 39 of 1909.

15. Clause 8 deals with the powers of the judge in claims for compensation and is identical with section 13 of Ordinance No. 39 of 1909.

16. Clause 9 makes it clear that the authorising Ordinance. will not create new rights; and that to obtain compensation under the clauses of this Ordinance claimants must prove that enforceable rights existed independently of either Ordinance.

17. Clause 10 (1) is derived from section 74 of the Harbours, Docks and Piers Clauses Act, 1847, (10 and 11 Vict. c. 27). It is designed for the protection of the undertakings authorised or validated by Ordinance and is considered necessary especially for the protection of the Cross-Harbour Pipe Lines. The proviso to section 74 of the Act of 1847 is omitted as pilotage is not compulsory in the Colony (cf. Ordinance No. 11 of 1930, ss. 11 and 28).

18. Clause 10(2) provides for claims and other proceed- ings by the Government under this section being brought in the name of the Attorney General (cf. Ordinance No. 10 of 1899, s. 17 (7) ).

19. Clause 10 (3) makes it clear that proceedings in rem cannot be taken against a British or foreign warship (see Hailsham's Halsbury Vol. I paragraphs 121 and 122).

20. Clause 11 saves the rights of the Crown and is derived from section 9 of Ordinance No. 39 of 1909.

21. Clause 12 saves the rights of the Admiralty in respect of the Royal Naval Yard area (v. Despatch No. 130 from the Secretary of State dated 7.5.32).

22. The Bill in its present form (except that the items in the Schedule relating to the Refuse-boat Pier and Live- stock Landing at Ma Tau Kok Road and to the Refuse-boat Pier at Kweilin Street now listed as completed were then listed as in progress) was submitted to the Secretary of State, who has approved of proceeding with its enactment.

December, 1935.

C. G. ALABASTER,

Attorney General.

[No. 35-29.11.35.-2.]

A BILL

INTITULED

An Ordinance to regulate Practice Firing from Hong Kong Defences and for clearing of certain Sea Areas in connection therewith.

WHEREAS it is necessary, from time to time, to carry out practice firing with projectiles from some or all of the defences of Hong Kong, and it is necessary to make provision for the safety of shipping and all persons who may be affected thereby :

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Defences (Firing Short title. Areas) Ordinance, 1936.

2. In this Ordinance-

"Vessel" includes ship, yacht, lighter, junk, boat and craft of every kind, and whether navigated by steam, motor, sail, oars or otherwise.

'Aircraft" includes all balloons (whether fixed or free), kites, airships, aeroplanes, seaplanes, flying boats and other flying machines.

Interpreta- tion.

Areas.

3. Subject to the provisions of this Ordinance practice Authorised firing from any of the batteries of the Colony may take place Firing over all or any of the Firing Areas described in the First First Schedule: Provided that when any vessel or aircraft is Schedule. within danger in any of the Firing Areas, all firing within that area shall cease.

Programme

4. (1) A provisional programme of firing from the Firing batteries of the Colony shall be circulated at the commence- and Notices. ment of each firing season by the Officer Commanding, Royal Second Artillery, Hong Kong, to the persons enumerated in the Schedule. Second Schedule, such programme being subject to alteration from time to time if necessitated by military requirements.

(2) Such Officer shall also supply to such persons as many charts, showing the Firing Areas, as they may require for posting at their offices or stations.

(3) Such Officer shall also cause to be published notice of intending practice firing and of the Firing Areas affected in the Gazette of the week preceding that in which the firing is to take place and shall supply copies of such notice to the persons enumerated in the Second Schedule, not less than forty-eight hours before the firing commences.

Firing signals.

Offences while Firing Signals are displayed.

(4) Such notice shall contain warnings to masters of vessels or pilots of aircraft exempt from the operation of this Ordinance under section 10, to assist the carrying out of the firing practice by hastening through the Firing Area affected or by consenting to be towed out of such area, if necessary, by any vessel acting under the orders of the local Military Authorities.

5.-(1) Notice that firing is taking place in any of the Firing Areas shall be given by the hoisting or display of the following signals--

A. In respect of firing by day-

(a) by red flag flown by the battery concerned.

(b) (i) For Firing Area A, by a red flag, with below it the International Code Flag "A", flown from Lyemun Typhoon Signal Mast.

(ii) For Firing Area B, by a red flag, with below it the International Code Flag "B", flown from Lyemun and Waglan Typhoon Signal Masts.

(iii) For Firing Area C, by a red flag flown from Aberdeen and Stanley Typhoon Signal Masts.

(iv) For Firing Area D, by a red flag flown from Aberdeen, Cheung Chau and Green Island Typhoon Signal Masts.

(v) For Firing Area E, by a red flag flown from Green Island Typhoon Signal Mast.

(c) by a large red flag on the Range Target Towing Vessel. The display of this flag is a signal that the target is ready to be, or is being, fired at.

B. In respect of firing by night-----

(a) by a red lamp hoisted at the battery concerned.

(b) by the appropriate signal referred to in paragraph A, sub-paragraph (b) of this sub-section.

(2) The signals in respect of firing by day shall be hoisted or

or displayed two hours before firing is due to

commence.

The signals referred to in respect of firing by night shall be hoisted or displayed two hours before sunset.

Signals shall remain hoisted or displayed until firing has ceased, when they shall at once be hauled down or extinguished.

6. While notice that firing is taking place over any of the Firing Areas is given by the hoisting or display of the signals as provided in section 5, then in respect of the areas affected by the said notice-

(i) No person shall enter or remain within the area, nor bring, take or

take or suffer to remain therein any vessel, aircraft or thing, except as provided in section 10.

(ii) No vessel shall be employed in fishing in the area. (iii) No pleasure boat shall cruise in the area.

(iv) No vessel shall anchor or remain anchored in or ground on the area.

(v) No aircraft shall alight on, remain in or travel upon the area.

(vi) In the event of any vessel or aircraft being from any cause within the area, the Master or Pilot or other person in charge thereof shall use his utmost endeavours to pass out of the area without loss of time.

7. No person shall trawl, dredge or search for or other- Offences and wise interfere with any shot, shell or other projectile or provisions

relating to portions thereof within any of the Firing Areas, or take or the recovery retain, or be in possession of, any such shot, shell or other jectiles. projectile, or portions thereof, found within any of such

areas.

Any person who, when trawling, dredging, or in any manner whatsoever, shall come into possession of any such shot, shell or other projectile, or any portion thereof, within any of the areas, shall not retain it, but shall immediately return it in its existing condition, and without tampering with it, into the water:

Provided, nevertheless, that the provisions of this section shall not apply in cases of persons who recover projectiles under written instructions from the local Naval or Military Authorities.

offences.

8. (1) Any person doing anything prohibited by or Penalty for otherwise contravening sections 6 or 7 shall be deemed commit an offence against this Ordinance.

(2) If any person commits an

　　　　　　　　　　an offence against this Ordinance he shall be liable, on summary conviction before a magistrate, to a fine not exceeding fifty dollars, and may be removed by any Officer authorised by section 9 from the areas to which the Ordinance applies, and taken into custody without warrant, and brought before a magistrate to be dealt with according to law, and any vessel or thing found in the areas in contravention of this Ordinance may be removed by such Officer as aforesaid and on due proof of such contraven- tion may be declared by a magistrate to be forfeited to His Majesty.

55 & 56 Vict., c. 43,

s. 17 (2).

9. The following officers are hereby authorised to Officers remove or to take into custody without warrant any person authorised contravening sections 6 or 7, or

sections 6 or 7, or to remove any vessel, aircraft or thing found on any area affected :-

(i) the officer in charge of the batteries, that is to say the Officer Commanding, Royal Artillery, Hong Kong;

(ii) any officer, warrant officer, non-commissioned officer or military policeman, for the time being under the command of the said officer in charge of the batteries;

(iii) any person authorised in writing under the hand of the said officer in charge of the batteries; or

(iv) any police officer.

or remove

trespassers,

etc.

Exemptions.

Commence- ment.

10. This Ordinance shall not apply to-

(a) any vessel entering or passing through the areas affected in the ordinary course of navigation from one port to another.

(b) any vessel compelled to enter or unable to quit the areas affected by reason of the exigencies of navigation.

(c) any vessel when racing, provided due notice of the racing fixture has been given not less than forty-eight hours previously to the Officer Commanding, Royal Artillery, at Military Headquarters, China Command, Hong Kong.

(d) any vessel employed in tending, placing or replacing mark buoys or other aids to navigation within the areas affected.

(e) His Majesty's Ships of War, His Majesty's Aircraft, or any vessel or aircraft employed under Admiralty, War Office, or Air Council Authority or under the Government of the Colony.

(f) any aircraft compelled to alight on or unable to quit the areas affected.

(g) any foreign vessel when outside territorial waters.

11. This Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the commencement of this Ordinance.

FIRST SCHEDULE.

[s. 3.]

Firing Areas.

(a) Firing Area A:-

The sea area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at light marking Harbour Boundary (latitude 22° 17′ 23′′-longitude 114° 14′ 03′′), thence following High Water Mark along western shore of Junk Bay to latitude 22° 18′ 24′′-longitude 114° 15′ 05′′, thence across Junk Bay to latitude 22° 18' 44"-longitude 114° 15′ 45′′, thence following High Water Mark along eastern shore of Junk Bay to latitude 22° 16′ 46′′-longitude 114° 16′ 28", thence to Junk Island at latitude 22° 16′ 46′′-longitude 114° 16′ 18", thence following High Water Mark along southern shore of Junk Island to latitude 22° 16′ 38′′-longitude 114° 15′ 44′′, thence across to Lao Shui Pai (latitude 22° 16′ 36′′-longitude 114° 14′ 23′′), thence following High Water Mark northward to light marking Harbour Boundary (latitude 22° 17′ 10′′-longitude 114° 13′ 57′′), thence across Lyemun to starting point.

(b) Firing Area B:-

The area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at Cape Collinson (latitude 22° 15′ 48′′-longitude 114° 15′ 48′′), thence across to Slope Island (latitude 22° 15′ 50′′-longitude 114° 16′ 21′′), thence follow-

ing High Water Mark along southern shore of Slope Island and northern shore of Tai Miu to Fo Tau Point (latitude 22° 15′ 42′′- longitude 114° 17′ 53′′), thence on a bearing of 98° to latitude 22° 14′ 48′′-longitude 114° 25′ 15′′, thence on a bearing of 218° to latitude 22° 08′ 42′′-longitude 114° 20′ 00′′, thence to the northern end of Waglan Island (latitude 22° 11′ 25′′-longitude 114° 18′ 14′′), thence to Tai Long Head (latitude 22° 12′ 33′′-longitude 114° 15′ 33′′), thence northward following High Water Mark to starting point.

The area included in this Firing Area is bounded as follows:-

By a line starting from High Water Mark at Bluff Point (latitude 22° 11′ 46′′-longitude 114° 12′ 42′′), thence following High Water Mark along the southern shore of Tai Tam Peninsula to latitude 22° 11′ 50′′-longitude 114° 13′ 15′′, thence to Beaufort Island at latitude 22° 11′ 22′′-longitude 114° 14′ 32′′, thence follow- ing High Water Mark along the western and southern shores of Beaufort Island to latitude 22° 10′ 52′′-longitude 114° 14′ 48′′, thence across to Pu Toi Island at latitude 22° 10′ 00′′ longitude 114° 15′ 08′′, thence across to North East Head on Tamkan Island (latitude 22° 04′ CO"--longitude 114° 19′ 10′′), thence following High Water Mark along northern shore of Tamkan Island to latitude 22° 01' 32"-longitude 114° 13′ 02′′, thence across to Lingting Island at latitude 22° 06′ 52′′- longitude 114° 02′ 30′′, thence across to Un Kok Point on Lamma Island (latitude 22° 11′ 00′′ longitude 114° 09′ 00′′), thence across East Lamma Channel to starting point.

(d) Firing Area D:-

The area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at Shiktongtsui (latitude 22° 16′ 36′′-longitude 114° 07′ 00′′), thence following High Water Mark southward to Waterfall Bay (latitude 22° 15′ 02′′- longitude 114° 08′ 15′′), thence across East Lamma Channel to Boulder Point on Lamma Island (latitude 22° 14′ 35"-longitude 114° 07′ 04′′), thence following High Water Mark along the western shore of Lamma Island to Tai Kok Point (latitude 22° 10′ 48′′- longitude 114° 08′ 16′′), thence on a bearing of 180° to latitude 22° 06′ 44′′-longitude 114° 08′ 17′′, thence on a bearing of 270° to latitude 22° 06′ 44′′-longitude 113° 56′ 28′′ thence to Chang Chau Island (latitude 22° 11′ 54′′-longitude 114° 01′ 16′′), thence follow- ing High Water Mark along the eastern shore of Chang Chau Island to latitude 22° 13' 32"-longitude 114° 02′ 03′′, thence across to Papai Island at latitude 22° 14′ 36′′-longitude 114° 02′ 40′′, thence following High Water Mark along the eastern shore of Papai and Chau Kung Islands to latitude 22° 15′ 56′′-longitude 114° 03′ 09′′, thence across to Kau I Chau Island at latitude 22° 17′ 00′′-longitude 114° 04′ 48′′, thence across to starting point.

(e) Firing Area E:-

The area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at western end of Stonecutters Island (latitude 22° 19′ 10′′-longitude 114° 07′ 48′′), thence across to Green Island (latitude 22° 17′ 14′′-longitude 114° 06′ 36′′), thence across to eastern shore of Lantau at latitude 22° 17′ 40′′-longitude 114° 01' 32", thence following High Water Mark along the eastern shore of Lantau to latitude 22° 20′ 14′′- longitude 114° 03′ 32", thence across to Chung Hue at latitude 22° 19′ 40′′-longitude 114° 05′ 32", thence following High Water Mark along the southern shore of Chung Hue to latitude 22° 20′ 00′′- longitude 114° 06′ 27′′, thence across to starting point.

SECOND SCHEDULE.

[s. 4.]

List of Persons to be supplied with programmes, notices and charts.

The Colonial Secretary.

The Director of Public Works.

The Harbour Master.

The Inspector General of Police.

The District Officer, Southern District.

The Commodore in Charge of Naval Establishments, Hong Kong. The Officer Commanding, Royal Air Force Station, Kai Tak. The Secretary, Royal Hong Kong Yacht Club.

Objects and Reasons.

1. This Bill, prepared at the request of the Military Authorities, is based on certain draft Bye-laws printed by His Majesty's Printers under the authority of His Majesty's Stationery Office in 1932 as intended to be made by His Majesty's Principal Secretary of State for War under the provisions of the Military Lands Acts, 1892 to 1903, with the consent of the Board of Trade and of the County Council of Cornwall for regulating firing from certain of the Plymouth Defences.

2. A Table of Correspondence between the Bill and the draft Bye-laws in question and the draft notices annexed to such Bye-laws is attached.

December, 1935.

C. G. ALABASTER,

Attorney General.

TABLE OF CORRESPONDENCE

BETWEEN

The Defences (Firing Areas) Bill and the draft Plymouth Defences

Bye-laws and the draft Notices annexed thereto.

Bill clause.

Draft Plymouth Defences bye- law or notice.

Preamble.

B 8

B 6

Remarks.

B indicates the number of the draft bye-law adapted. N indicates the paragraph of the draft notice adapted.

A preamble is considered desirable.

Short title.

"junk" added in definition of

"vessel".

The proviso only is taken from the draft bye-law, the remainder of the section is new.

Second paragraph.

4 (1)

N (3)

(2)

N (7)

Adapted.

(3)

N (4)

Adapted.

(4)

N (6) (b) and

Adapted.

N (8)

5 (1)

B 3

(2)

B 3

First paragraph adapted.

Second paragraph adapted.

"two hours" for "one hour".

"vehicle, animal" omitted in para (i).

B 2

B 4

8 (1)

B 5

First paragraph.

(2)

N (1) and 55 &

"vehicle, animal" omitted.

56 Vict., c. 43,

s. 17 (2).

B 5

B 7

Second paragraph adapted.

"from one port to another" added in para. (a) "or under the Govern- ment of the Colony" added in para. (e).

B 9

Adapted.

First

B Schedule

Adapted.

Schedule.

Second Schedule.

N (4)

Adapted.

A BILL

[No. 41-10.12.35.-5.]

Short title.

Amendment

of Ordin- ance No. 37

of 1932, s. 18.

42 & 43 Vict. c. 49, s. 38.

4 & 5 Geo. 5, c. 58,

s. 22.

INTITULED

An Ordinance to amend the Police Force Ordinance, 1932.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Police Force Amendment Ordinance, 1936.

2. Section 18 of the Police Force Ordinance, 1932, is amended as follows:

(i) by the repeal of sub-sections (2) and (3) thereof and the substitution of the following sub-sections therefor :-

(2) Every person taken into custody by an officer of police with or without a warrant, except a person detained for the mere purpose of taking his name and residence, shall be taken with all convenient speed to a police station and there delivered into the custody either of the officer in charge of the police station or of any European officer of police of rank not inferior to lance-sergeant.

(3) On a person being taken into custody for an offence with or without a warrant a European lance-sergeant of police or any European officer of police of equal or superior rank, or the officer in charge of a police station, may in any case, and shall, if it will not be practicable to bring such person before a magistrate within forty-eight hours after he was so taken into custody, inquire into the case, and, unless it appears to such lance-sergeant or officer that the offence is of a serious nature, or that the person is a person who ought to be detained, discharge the person upon his entering into a recog- nizance with or without sureties for a reasonable amount to appear before a magistrate, or to surrender for service of a warrant of arrest and detention or for discharge, at the time and place named in the recognizance, but where such person is detained in custody he shall be brought before a magistrate as soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any Ordinance relating to deportation is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obligation on the parties entering into the same, and shall be liable to the same proceedings for the estreating thereof, as if the recognizance had been taken before a magistrate.

(ii) by the repeal of the words "the officer in charge of the police station" in the second line of sub-section (5) thereof, and the substitution therefor of the words "any such lance- sergeant or officer as is mentioned in sub-section (3)".

Objects and Reasons.

1. Section 2 (i) of this Ordinance effects minor changes of police procedure by substituting two new sub-sections for sub- sections (2) and (3) of section 18 of the Police Force Ordin· ance, No. 37 of 1932, extending to European lance-sergeants of police and other European officers of police of equal or superior rank the duties in respect of persons in police custody and the powers as to release on bail of such persons, formerly exercised only by officers in charge of police stations.

2. This extension is necessary in order to facilitate in- quiry into, and the release on bail of persons charged with numerous petty offences now investigated by such officers, who in the mixed police force of this Colony exercise many of the functions performed elsewhere by officers of nominally superior rank.

3. Section 2 (ii) makes a consequential amendment in sub-section (5) of section 18 of the Police Force Ordinance, 1932.

4. In new sub-section (3), added by section 2 (i) of this Ordinance to section 18 of the Police Force Ordinance, 1932, the wording of section 38 of the Summary Jurisdiction Act, 1879, (42 & 43 Vict. c. 49), as enacted by section 22 of the Criminal Justice Administration Act, 1914, (4 & 5 Geo. 5, c. 58), has been more closely followed than in the sub-section which it replaces.

December, 1935.

C. G. ALABASTER,

Attorney General.

[No. 42-18.12.35.-3.]

A BILL

Short title.

Amendment of Ordin-

ance No. 21 of 1932,

s. 8 as amended by Ordinance No. 29 of

1935, s. 2.

Amendment

of Ordin-

ance No. 21

INTITULED

An Ordinance to amend further the Pensions Ordinance, 1932.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Pensions Amend- ment Ordinance, 1936.

2. Section 8 of the Pensions Ordinance, 1932, (as amended by section 2 of the Pensions Amendment Ordinance, 1935), is further amended by the substitution of the words "Except as provided in section 17, no" for the word "No" at the commencement thereof.

3. Section 17 of the Pensions Ordinance, 1932, amended by section 5 of the Pensions Amendment Ordinance, of 1932, s.17 1934), is further amended by the insertion of the words ", on production within six months after her resignation or retire- ance No. 12 ment, or such longer period as the Governor may in any

as amended

by Ordin-

of 1934,

s. 5.

particular case allow, of satisfactory evidence of her marriage," after the word "granted" in the sixth line thereof.

Objects and Reasons.

The object of this Ordinance, which was suggested by the Secretary of State in his despatches of the 13th September and the 26th October, 1935, is to remove an apparent conflict between sections 8 and 17 of the principal Ordinance and to ensure that the payment of gratuities made to female officers retiring on account of marriage shall be subject to the production of evidence that the marriage has in fact taken place.

December, 1935.

C. G. ALABASTER,

Attorney General.

[No. 44-21.11.35.-4.]

A BILL

INTITULED

An Ordinance to make provision for the apportionment of

Crown Rents.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof as follows:---

1. This Ordinance may be cited as the Crown Rents Short title. (Apportionment) Ordinance, 1936.

2. In this Ordinance :-

"Crown lease" means any lease granted by the Crown and includes any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied.

"Determined rent" means the annual sum determined by the Land Officer under this Ordinance as the amount payable by way of Crown rent in respect of any section of a lot.

"Land Office" means the principal Land Office at Victoria and does not include any district land office.

"Lot" means any piece or parcel of ground situate in the Colony of Hong Kong which has been leased by the Crown and has been registered in the Land Office.

"Section" means any portion or division of a lot which has been, or shall be, assigned or in any other manner alienated or retained on such assignment or alienation for the whole of the term or interest created by the Crown lease thereof, and which has been or shall be registered in the Land Office as a Remaining Portion, Section, Sub-section, Part or Portion of a Lot.

"Owner" in relation to a section means the person whose name is registered in the Land Office as that of the owner or holder of a section and this expression includes a registered mortgagee.

Interpreta- tion.

Officer

3. Upon the application of a section owner and on pay- Land ment of the prescribed fees the Land Officer may, in his may discretion, determine what annual sum shall be payable to the determine Crown by way of Crown rent in respect of the section owned application by such section owner.

rent on

of section

owner.

to be

Principles observed in

4. (1) The amount of the determined rent of a section shall in so far as is reasonable bear a like proportion to the Crown rent of the lot of which it forms part as the proportion determining which the area of the section bears to the area of the lot:

rent.

•

Proof of

areas.

Determina-

tion on application of section owner not

to affect remainder

of lot.

Provisions where application is made by the

owner of the Remaining

Portion of a lot.

Provided that if the Land Officer is satisfied that the rent of any section as the same may appear in the Crown Rent Roll or in any instrument registered in the Land Office has been fixed substantially in accordance with the principle laid down in this subsection and is fair and reasonable he may accept such rent as the basis for fixing the determined rent.

(2) In any case in which the rent reserved by the Crown lease is expressed in terms of sterling the sterling rent shall for the purposes of this Ordinance be converted into Hong Kong currency at the rate of four shillings and two pence as equivalent to one dollar.

(3) In fixing the determined rent the Land Officer shall add and include such sum, if any, as may be necessary to make the determined rent an even number of dollars.

5.-(1) For the purpose of determining the area of any lot or section the Land Officer may accept as correct any state- ment as to such area contained in any Crown lease or other instrument registered in the Land Office or contained in any plan annexed to or endorsed upon any such Crown lease or instrument.

(2) If the Land Officer shall be of the opinion that the area of any lot or section necessary to be ascertained for the purpose of calculating the determined rent is uncertain he may require such lot or section to be surveyed and a plan or certificate showing the area of the lot or section and purporting to be signed by the Director of Public Works or by an officer authorised by him may be accepted by the Land Officer as conclusive evidence of the area of the lot or section. Notice that a survey is required shall be given by the Land Officer to the applicant for determination of the rent and at any time within fourteen days after the giving of such notice the ap- plication may be withdrawn.

(3) The fees for any survey required by the Land Officer under the preceding sub-section shall be paid and borne by the section owner on whose application the rent is to be deter- mined.

6. When a determined rent is fixed on the application of a section owner other than the owner of the Remaining Portion of a lot the proportions of the Crown rent payable in respect of other portions of the lot shall not be affected thereby.

7. When an application for the determination of the rent is made by the owner of the Remaining Portion of a lot and the Land Officer shall, in his discretion, decide to make such determination the following additional provisions shall apply:-

(a) The Land Officer shall fix the determined rents for and in respect of each and every of the sections of the lot in like manner as if a separate request for determination had been made in respect of each and every of such sections.

(b) The owner of each and every section of the lot shall be bound by such determination in all respects as if he had made application therefor.

(c) All fees payable under this Ordinance for determina- tion and for any survey required by the Land Officer shall in respect of this section be paid by the owner of the Remaining Portion of the lot, who shall, however, have a right of relief against the other section owners of the lot and shall be entitled to payment from each of them of the fee for registration and A survey, applicable to the section of such section owner. certificate, purporting to be under the hand of the Land Officer and setting forth the sum paid by the owner of the Remaining Portion in respect of such fees, shall, in any proceeding for recovery, be prima facie evidence of such payment.

on deter-

8. (1) Every determination shall state the determined Procedure rent of every section to which it relates and when it does not mination. relate to every section forming part of the lot shall state the Crown Rent of the remainder of the lot as the same may be ascertained from the Land Office records.

(2) Every determination shall be signed by the Land Officer and shall be registered by him in the Land Office against every section in respect whereof the rent is determined and also against the Remaining Portion of the lot.

(3) Notice of every determination shall be published in the Gazette.

determina-

9.-(1) On the registration and notification of a deter- Effect of mination made under section 6, a section owner, in respect tion. of whose section a determined rent has been fixed, shall hold such section, and shall be deemed to have held such section, as from the date up to which the Crown rent was last paid, subject to the payment of the determined rent as if a separate Crown lease of such section had been granted to such section. owner at the determined rent, such Crown lease containing all covenants (including a covenant to pay the determined rent), and stipulations exceptions reservations powers and con- ditions (including the condition of re-entry) as are contained in the Crown lease of the lot so far as the same shall not be inapplicable to such section.

(2) The rights of the Crown under the Crown lease of the lot against the person or persons in whom is vested any part of such lot in respect whereof a determined rent has not been fixed shall not be affected.

(3) On the registration and notification of a determina- tion made under section 7, all the section owners shall hold such sections, and shall be deemed to have held such sections, as from the date up to which the Crown rent was last paid, subject to the payment of the determined rents as if separate Crown leases of such sections had been granted to such section owners at the determined rents, such Crown leases containing all covenants (including covenants to pay the deter- mined rents) and stipulations exceptions reservations powers and conditions (including the conditions of re-entry) as are contained in the Crown lease of the lot so far as the same shall not be inapplicable to such sections.

of errors.

10. After a determination has been registered and Correction notified in the Gazette no alteration shall be made in it except as provided by section 11 or to correct merely clerical or mathematical errors.

Appeals and Revisions.

Fees and costs of

survey. Schedule.

Ordinance No. 6 of 1875.

Application

and com- mencement

of this Ordinance.

11.-(1) Any person who is aggrieved by a determina- tion of the Land Officer made under this Ordinance may appeal to the Governor in Council within one month from the date of the notification of the determination in the Gazette and the Land Officer may at any time apply to the Governor in Council for the revision of a determination, and the Governor in Council may make any such order thereon as he shall think fit including an order as to the payment of the fees for any survey required for the purposes of the appeal or revision.

(2) An order made by the Governor in Council under the provisions of this section shall be final and conclusive and the Land Officer shall register against the property affected such amended determination as may be required to give effect to such order and shall publish in the Gazette notice of such amended determination.

(3) Any person who is aggrieved by the refusal of the Land Officer to make a determination under this Ordinance, may appeal to the Governor in Council within one month from the date of such refusal, and the Governor in Council may disallow such appeal, or direct the Land Officer to proceed with such determination. The decision of the Governor in Council shall be final and conclusive.

12. (1) The fees mentioned in the Schedule shall be paid for and in respect of the several matters therein stated.

Such fees shall be paid by means of stamps which shall be duly cancelled by the Land Officer.

(2) The provisions of the Crown Remedies Ordinance, 1875, shall apply to the recovery of fees payable under this Ordinance and the certificate required by that Ordinance shall be signed only by the Land Officer.

13. This Ordinance shall apply to, and come into opera- tion as regards, such lots, areas or districts and as from such date or dates as shall be from time to time appointed by the Governor by Proclamation.

SCHEDULE.

[secs. 5, 7, 11 & 12.]

Table of Fees.

For fixing the determined rent of a section on the application

of a section owner

For fixing the determined rent under section 7:

in respect of the Remaining Portion

in respect of each other section

For the registration of a determination in respect of a section.

For the registration of a determination under section 7:

$30.00

$ 5.00

$15.00

For registration in respect of the Remaining Portion .......... For each other section of the lot in respect of which the

same is registered

$15.00

$ 3.00

For any survey required by the Land Officer or for which payment is ordered by the Governor in Council for each and every section of a lot

$20.00

Objects and Reasons.

1. Leases granted by the Crown, of land in this Colony, do not make any provision for apportionment of Crown Rent in the event of subdivision and transfer of a portion of the lot by assignment by the original lessee, who in practice then becomes known as the owner of the Remaining Portion of the Lot.

The original owner of the Remaining Portion, or his legal representative, remains liable to the Crown for the whole Crown Rent due in respect of the Lot and in practice so long as he retains the Remaining Portion he has to collect from the other section owners of the Lot the proportions of Crown rent attributable to their respective sections and pay the whole to the Treasury.

After transfer of the Remaining Portion, it has been the custom of the Crown to look to the owner thereof for the time being, for payment of the whole Crown Rent due in respect of the Lot, leaving him to collect their proportions from the other section owners.

While the number of subdivisions of Lots remained small this custom caused little inconvenience, but in recent years the number of subdivisions has increased very rapidly and many of the older and larger Lots have been divided into fifty or more separate sections or subsections.

The owners of the Remaining Portions now find it increas- ingly difficult to collect proportions of Crown Rent and many of them, after having paid the whole of the Crown Rent to the Treasury for some time, have ultimately made default.

Many section owners who have always paid to the owner of the Remaining Portion their proportions of Crown Rent, have found that, without their knowledge, the owner of the Remaining Portion has made default.

In case of default the only satisfactory remedy which the Crown at present has, is to exercise its right of re-entry on the whole Lot, and this has been the practice in recent years.

Re-entry involves forfeiture of every portion of the Lot re-entered, and the extinction of all mortgages thereon, which is a serious matter, particularly for trustees who have invested trust funds on the security of house property.

Default in payment of Crown Rent by Remaining Portion owners is becoming more and more frequent and the serious effect of the increasing number of re-entries calls for a remedy.

2. The object of this Ordinance is to enable the Land Officer, in his discretion, on the application of an owner of a portion of a Lot and on payment of the prescribed fees to determine the Crown Rent which shall be payable direct to the Treasury in respect of such portion.

Section 3 provides for the foregoing.

Section 4 provides the principles to be observed in deter- mination. Determination will, in so far as is reasonable, be according to area. Some old Crown Rents were fixed in sterl- ing and these will be converted into local currency, at the rate at which all sterling Crown Rents were converted in 1862. Provision is also made for the addition of such sum, if any, as may be necessary to make the determined rent an even

number of dollars. This will facilitate Treasury collection and book-keeping, without loss to the Crown, and the loss to the payer will be negligible.

Section 5 makes provision for proof of area.

Section 6 states the result of determination, on the ap- plication of a section owner other than the owner of a Remain- ing Portion.

Section 7 states the result of determination on the ap- plication of the owner of a Remaining Portion. Special provision is necessary in this case as at present the Crown looks to the owner of the Remaining Portion for payment of the whole Crown Rent due in respect of the Lot, and he cannot be released from this burden unless determination is also made in respect of each other section of the Lot. Compulsory determination is accordingly imposed in this case on the owners of the other sections of the Lot. The fees are in this as in other cases payable by the applicant for determination, namely the owner of the Remaining Portion, but relief is provided to enable him to recover from the owner of each section the fees applicable to such section.

Sections 8 & 9 specify the procedure on determination and its effect.

Section 10 deals with correction of errors in the deter- mination.

Section 11 deals with appeals to and revision by the Governor in Council.

Section 12 authorises the fees payable in the schedule. Section 13 enables the Governor to appoint different dates for the application of the Ordinance to different lots areas or districts. Some such provision is necessary to prevent the Land Office being disorganised by too many simultaneous applications.

November, 1935.

C. G. ALABASTER,

Attorney General.

A BILL

INTITULED

[No. 49-4.12.35.-2.]

An Ordinance to amend the Gambling Ordinance, 1891.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Gambling Amend- Short title. ment Ordinance, 1936.

of long

2. The long title of the Gambling Ordinance, 1891, is Amendment amended by the insertion of the words "betting, gaming', title of after the word "gambling" in the second line.

Ordinance

No. 2 of 1891.

3. Section 2 of the Gambling Ordinance, 1891, is Amendment amended-

(i) in paragraph (a) thereof by the substitution of a semi-colon and the word "or" for the full stop after the word "lotteries" in sub-paragraph (2) and by the addition of the following new sub-paragraph:-

of Ordinance No. 2 of 1891, s. 2.

Vict. c. 119,

(3) for the purpose of betting with persons resorting cf. 16 & 17 thereto; or for the purpose of any money or valuable thing s. 1. being received as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race, or pony race, or other race, fight, game, sport, or exercise, or as or for the consideration for, securing the paying or giving of any money or valuable thing on any such event or contingency.

(ii) by the addition after paragraph (b) thereof of the following new paragraph:-

(bb) "Gaming" applies to and includes the playing of any of the Games mentioned in paragraph (1) of the definition of "Common gaming house".

No. 2 of

4. Section 3 of the Gambling Ordinance, 1891, is Amendment amended by the addition of the words ", or for any of the of Ordinance purposes mentioned in paragraph (3) of that definition" after 1891, s. 3. the word "definition" at the end thereof.

No. 2 of

5. Section 7 (1) of the Gambling Ordinance, 1891, is Amendment amended by the substitution of a semi-colon and the word of Ordinance "or" for the comma after the word "ticket" in paragraph 1891. (b) and by the addition of the following new paragraph:

(c) makes any bet in a common gaming house; or pays or receives any money or valuable thing in a common gaming house for any of the considerations mentioned in sub- paragraph (3) of paragraph (a) of section 2.

s. 7 (1).

Amendment

　　　　　6. Section 8 of the Gambling Ordinance, 1891, is of Ordinance amended by the insertion of the words "gambling or betting"

after the word "gaming" in the second line.

No. 2 of

1891, s. 8.

Amendment

7. Section 10 of the Gambling Ordinance, 1891, is

of Ordinance amended-

No. 2 of

1891, s. 10.

Amendment

of Ordinance No. 2 of 1891, s. 11.

Amendment

of Ordinance

No. 2 of 1891, s. 13.

Amendment

(i) by the insertion of the words "gaming or" before the word "gambling" in the tenth line;

(ii) by the insertion of the words "betting slips," after the words "and also all" in the eleventh line;

(iii) by the substitution of the words "gaming, gambling or betting" for the word "gambling" in the twelfth and thirteenth lines;

(iv) by the substitution of the words " ', betting slips" for the words "of gambling" in the fourteenth line.

8. Section 11 of the Gambling Ordinance, 1891, is amended-

(i) by the substitution of the words "gaming or gambling, or betting slips" for the word "gambling" in the second. line.

(ii) by the substitution of the words "gaming or gambling or betting slips" for the word "gambling" in the ninth line. (iii) by the substitution of the words "gaming, gambling or betting" for the word "playing" in the ninth line.

(iv) by the substitution of the words "gaming, gambling or betting" for the word "play" in the tenth line.

(v) by the substitution of the words "gaming or gambling and betting slips" for the word "gambling" in the last line.

9. Section 13 of the Gambling Ordinance, 1891, is amended-

(i) by the insertion of the words "gambling or betting" after the word "gaming" in the eleventh line;

(ii) by the substitution of the words "gaming or gambling or betting slips" for the word "gambling" in the thirteenth line.

10. Section 14 (1) of the Gambling Ordinance, 1891, is of Ordinance amended-

No. 2 of 1891,

s. 14 (1).

Amendment of Ordinance No. 2 of 1891, s. 15 (2).

Amendment of Ordinance No. 2 of 1891, s. 16.

}

(i) by the insertion of the words " gambling or betting" after the word "gaming" in the fifth line;

(ii) by the insertion of the words "gambling or betting" after the word "gaming" in the fourteenth line.

11. Section 15 (2) of the Gambling Ordinance, 1891, is amended by the substitution of the words "gaming, gambling or betting" for the word "gambling" in the third line.

12. Section 16 of the Gambling Ordinance, 1891, is amended-

(i) by the substitution of the words "gaming, gambling or betting" for the word "gambling" in the first line;

(ii) by the substitution of the words "for any such person" for the words "to street gamblers" in the second line.

for Ordin-

13. Section 17 of the Gambling Ordinance, 1891, is Substitution repealed and the following section is substituted therefor :-ance No. 2

of 1891,

s. 17.

'nents of

17. Where any persons are found gaming, gambling or Forfeiture

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of imple- betting in the street all implements of gaming or gambling, all betting slips, and also all money in actual use for any gaming or such purpose or found in the possession of such persons may betting slips

　　　　　　　　　　　　　　　　　　　　　　　　　　　　gambling, be forfeited by the magistrate.

and money.

14. The following new section is inserted in the New section Gambling Ordinance, 1891, as section 18 thereof :-

18 for Ordinance No. 2 of

1891.

18. Nothing in this Ordinance shall be deemed to restrict Saving of anything authorised by the Betting Duty Ordinance, 1931, matters as amended by the Betting Duty Amendment Ordinance, 1933, by Ordin- and by the Betting Duty Amendment Ordinance, 1934.

ances No. 40 of 1931, No. 17 of 1933 and No. 26 of 1934.

Objects and Reasons.

1. Section 3 of this Ordinance amends the principal Ordinance, No. 2 of 1891, by adding to the definition of "Common gaming house" a paragraph relating to betting and receiving deposits on bets generally on the lines of sections 1 and 2 of the Betting Act, 1853, (16 and 17 Vict. c. 119).

2. Section 3 of this Ordinance also adds a definition

of "gaming" which is

which is not defined in the principal Ordinance though it appears in sections 8 and 14 as used in a sense applicable to and including the playing of the games mentioned in paragraph (1) of the definition of "Common gaming house". Moreover in the principal Ordinance "gambling" is defined as applying to and including lotteries whereas it is clearly used in sections 10, 11, 13, 15, 16 and 17 as applying to and including the said games as well as to lotteries. After this amending Ordinance the word "gaming" will be used as applicable to unlawful games and the word "gambling" as applicable to unlawful lotteries.

3. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 effect consequential amendments in the principal Ordinance and sections 12 and 13 forbid street betting as well as street gaming and gambling.

4. Section 14 saves expressly the forms of betting and lotteries authorised by the Betting Duty Ordinance, No. 40 of 1931, as amended in 1933 and 1934.

December, 1935.

C. G. ALABASTER,

Attorney General.

Short title.

Amendment

of Ordinance No. 7 of

1865, s. 11.

Amendment of Ordinance No. 7 of

1865, s. 13.

A BILL

INTITULED

[No. 50 -7.12.35.-2.]

An Ordinance to amend the Coinage Offences Ordinance,

1865.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Coinage Offences Amendment Ordinance, 1936.

2. Section 11 of the Coinage Offences Ordinance, 1865, is amended by the substitution of the figures and word "8, 9 or 10" for the figures and word "9, 10 or 11" in the second line.

3. Section 13 of the Coinage Offences Ordinance, 1865, is amended by the substitution of a semi colon and the word "or" for the comma at the end of paragraph (3) and by the insertion of the following new paragraph after paragraph (3)

thereof :--

(4) without lawful authority or excuse, imports or receives into the Colony from beyond the seas, or from any part of China, any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the King's current copper coin, knowing the same to be false or counter- feit.

Objects and Reasons.

1. Section 2 of this Ordinance corrects a typographical error in the references to the three previous sections (cf. 24 & 25 Vict. c. 99, s. 12) in section 11 of Ordinance No. 7 of 1865, which was made in the authorised 1924 edition of the Ordinances of Hong Kong.

2. Section 3 of the Ordinance adds a new paragraph to section 13 of Ordinance No. 7 of 1865 making the deliberate importation into the Colony of counterfeited King's current copper coin punishable with seven years imprisonment.

3. The King's copper coin is defined in section 2 of the principal Ordinance as including any copper coin and any coin of bronze or mixed metal, and the King's current coin is defined as including any coin whether made of gold, silver, copper, bronze or mixed metal, coined in any mint in His Majesty's dominions or any such coin lawfully current, by virtue of any proclamation or otherwise, in any part of His Majesty's dominions whether within this Colony or otherwise.

4. The new paragraph added to section 13 of the principal Ordinance follows mutatis mutandis the wording of section 6 which made the deliberate importation of counterfeited King's current gold or silver coin punishable with imprisonment for life.

5. The absence hitherto of any provision relating to the King's copper coin corresponding to section 6 of the principal Ordinance (which was based on section 7 of the Coinage Offences Act, 1861) was probably due to the fact that the importation of spurious cents or pence was unlikely.

6. Now, however, since ten cent and five cent pieces made of cupro-nickel have been authorised by Proclamation No. 4 in the Hong Kong Government Gazette Extraordinary of the 9th November, 1935, it has been found that the new coins are being counterfeited and imported and it is necessary to deal with that situation.

December, 1935.

C. G. ALABASTER,

Attorney General.

Short title.

- 100

[No. 46-30.12.35.--5.]

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to Quarantine and the Prevention of Disease among human beings.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Quarantine and Prevention of Disease Ordinance, 1936.

Part I.

GENERAL.

Aerodrom.

Aircraft.

Authorised aerodrome.

Building.

Interpretation.

2. (1) In this Ordinance :-

"Aerodrome " means a place set apart for the arrival and departure of aircraft and includes a place for the alighting of hydroplanes (and similar craft) on water. Whatever relates in this Ordinance to aerodromes is to be understood to apply mutatis mutandis to places for the alighting of hydroplanes (and similar craft) on water.

Aircraft" includes any machine which can derive sup- port in the atmosphere from the reactions of the air and is intended for aerial navigation.

"Authorised aerodrome

means any aerodrome declared by the Governor in Council by notification in the Gazette to be an authorised aerodrome on which aircraft may make their first landing on entering the Colony and which they may make their place of departure on leaving the Colony.

Building " includes any house, hut, shed or roofed enclosure, whether needed for the purpose of human habitation or otherwise, and also any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge.

101

case.

"Circumscribed case means either a case of infectious Circum- disease originating in a quarantine station or an imported scribed case which has been immediately isolated in a quarantine station or a case occurring in a new arrival during the period of his observation or surveillance.

Contact " means any person who has been or is likely Contact. to have been exposed to the risk of contracting an infectious disease.

"Council" means the Urban Council, unless some other Council. Council is indicated.

"Crew" includes any person who is on board any vessel Crew. or aircraft not for the mere purpose of being carried from one place to another, but who is employed in some way in the service of the vessel or aircraft or of persons on board or of the cargo.

"Day means an interval of twenty-four hours.

"Delouse " means to render free from lice.

disease.

Deratise means to render free from rats.

وو

"Disinfect

Disinsectise

Day.

Delouse.

Deratise.

means to destroy or remove the germs of Disinfect.

"Health Officer

means to render free from insects.

Disinsectise.

includes the Director of Medical and Health Sanitary Services, any medical officer appointed by the Officer, Governor as a Health Officer or Port Health Officer, and any officer for the time being performing the duties of a Health Officer or Port Health Officer.

Immigrant

وو

includes:---

(a) any person arriving in the waters of the Colony as a deck, steerage or third class passenger on board a steamship or motor ship or as a passenger on board any other vessel with the intention of landing in the Colony;

train.

(b) a third class passenger who enters the Colony by

Immigrant.

"Infected" means infected with the germs of infectious Infected.

disease.

"Infected area" means any area which has been declared Infected by the Governor in Council by notification in the Gazette to be area. an infected area from the date of such declaration until the date of withdrawal of such declaration in the Gazette.

"Infected place" or "Infected port" means any place or Infected port which has been declared by the Governor in Council to place. be an infected place or port from the date of such declaration Infected until the date of withdrawal of such declaration.

port.

"Infectious disease" means any of the following diseases, Infectious namely, plague, cholera, smallpox, yellow fever, typhus, disease. cerebro-spinal meningitis, measles, chickenpox, diphtheria and enteric, and any other disease which the Governor in Council shall by notification in the Gazette declare to be included within the said expression.

"Observation " means the compulsory detention in Observation. isolation for the purpose of and under the provisions of this Ordinance and the regulations made thereunder of any vessel,

Port.

Port Health Officer,

Premises.

Quarantine anchorage.

Quarantine station.

Sanitary aerodrone.

Surveillance.

102

person, animal or thing, so that it or they shall have no communication with any other vessel, person, animal or thing or with any other place except in accordance with the said Ordinance and regulations.

Port" includes sea-port, river-port and air-port.

"Port Health Officer" includes the Health Officer of the Port, the Second Health Officer of the Port and any other Health Officer or Medical Officer for the time being perform- ing the duties of a Port Health Officer.

Premises" includes

includes any land, building, structure of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch or place open, cover- ed or enclosed, or cesspool or foreshore, and also any vessel lying within the waters of the Colony.

"Quarantine anchorage means that area of the Harbour which has been appointed for the time being for the detention in isolation of vessels undergoing observation and which has been declared a quarantine anchorage by Ordinance or by the Governor in Council.

وو

Quarantine station means any place where obser- vation is carried out and includes an infectious diseases hospital and any place declared by the Governor in Council to be a quarantine station or a sanitary station.

Sanitary aerodrome means an authorised aerodrome declared by the Governor in Council to be a sanitary aero- drome after being satisfied that it will at all times have at its disposal

(i) an organised medical service with one

one medical officer at least and one or more sanitary inspectors, it being understood that this staff will not necessarily be in permanent attendance at the aerodrome;

(ii) a place for medical inspection;

(iii) equipment for taking and despatching suspected material for examination in a laboratory;

(iv) facilities in the case of necessity for isolation, transport and care of the sick, for the isolation of contacts separately from the sick and for carrying out other prophy- lactic measures in suitable premises either within the aero- drome or in proximity to it;

(v) apparatus necessary for carrying out disinfection, disinsectisation and deratisation if required, as well as any other measures laid down in the International Sanitary Con- vention for Aerial Navigation, signed at the Hague on the 12th day of April, 1933;

(vi) a sufficient supply of wholesome drinking water; (vii) a proper and safe system for the disposal of excreta and refuse, and for the removal of waste water; and

(viii) protection, as far as possible, from rats.

"Surveillance" means that persons subject thereto are not isolated, and that they may move about freely on condition that they sign a bond pledging themselves to submit to medical examination daily or as often as may be required by the Health Authorities of the several places whither they

103

are bound, such authorities being notified by the Health Officer of the advent of the persons in question and of the conditions under which they have been given their freedom.

"Vessel" includes any ship, boat or other description of Vessel. vessel used in navigation.

(2) A vessel or aircraft shall be regarded as "infected".

(a) in respect of plague :-

i) if it has a case of plague on board;

(ii) if a case of plague broke out on board more than six

days after embarkation of the person affected; or

(iii) if plague-infected rats are found on board.

(b) in respect of cholera :-

(i) if there is a case of cholera on board; or

(ii) if there has been a case on board during the five days. previous to the arrival of the vessel.

(i) if there is a case of yellow fever on board; or

(ii) if there was a case on board at the time of departure or during the voyage.

(3) A vessel or aircraft shall be regarded

suspected

وو

(a) in respect of plague:

Vessels or aircraft when regard- ed as infected.

as Vessels or

aircraft when regarded as suspected

(i) if a case of plague broke out on board in the first six days after embarkation of the person affected; or

(ii) if there has been an unusual mortality on board among rats the cause of which has not been determined.

(b) in respect of cholera:

if there has been a case of cholera on board at the time of departure or during the voyage, but no fresh case during the five days previous to arrival.

(i) if having had no case of yellow fever on board it arrives after a voyage of less than six days from an infected port or from a port in close relation with any endemic centre of yellow fever; or

(ii) if having had no case of yellow fever on board it arrives after a voyage of more than six days and there is reason to believe that it may carry winged stegomyia (Aedes Egypti) from any such port.

period of

3. The period of incubation for the purposes of this Duration of Ordinance shall be five days in the case of cholera, six days incubation in the case of plague or yellow fever, twelve days in the case of typhus and fourteen days in the case of smallpox.

of release

4. (1) Any person liable to be subjected to surveillance Conditions shall, as a condition of being exempted from observation, give a written undertaking to a Health Officer to attend and submit to daily examination at such place and at such time as such Health Officer shall appoint.

from observ. ation of persons

liable to be subjected to surveillance.

Schedule.

Conditions

of release

104

(2) The undertaking shall be in the form in the Schedule, or in its equivalent in Chinese characters.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordin-

ance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

5.-(1) A Health Officer may require that any contact from observ. liable to be detained under observation shall, as a condition of being released therefrom for the period for which he is so liable, give a written undertaking :-

ation of contacts.

Schedule.

Substitution of observ- ation for

(a) to attend and submit daily to examination at such place and at such time as such Health Officer may appoint; and

(b) to submit to surveillance at a private residence under such conditions as such Health Officer may impose.

(2) The undertaking shall be in the form in the Schedule, or in its equivalent in Chinese characters.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordin-

ance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

وو

6. In all cases where this Ordinance refers to "surveil- lance "

a Health Officer may substitute observation when the surveillance. persons in question do not offer sufficient security that they will faithfully observe all the conditions of the undertaking which those who are granted surveillance are required to give. Such observation may be carried out on board ship or in a quarantine station according to the exigencies of the

Escape or evasion.

case.

7.-(1) Any person who is authorised to be detained under this Ordinance or any regulation made thereunder may in case of escape be arrested by:

(a) any officer or servant of the hospital, reception place, isolated house or quarantine station from which the escape was made:

(b) any officer appointed under this Ordinance; or (c) any police officer;

and may be again conveyed to and detained in the place from which the escape was made or any other place authorised by a Health Officer.

(2) Any person who being subject to surveillance under this Ordinance or any regulation made thereunder fails to present himself for examination or to observe any term of his undertaking may be similarly arrested and detained to the satisfaction of a Health Officer.

(3) Any person who having been authorised to be detain- ed escapes or attempts to escape shall be guilty of an offence against this Ordinance.

105-

POWER TO MAKE REGULATIONS.

Governor in

8. (1) The Governor in Council may make regulations Power of for the purpose of preventing the introduction into, the spread in and the transmission from, the Colony of any disease.

(2) Without prejudice to the generality of the provisions of sub-section (1) such regulations may provide :-

(a) for the appointment of Health Officers, Inspectors and other officers to carry out the provisions of this Ordinance or of any regulations or by-laws made thereunder, and for regulating their duties and conduct and for investing them with all powers necessary for the due execution of their duties;

(b) for prescribing the reporting to Government by medical practitioners or others of cases of disease;

ance;

(d) for prescribing the fees to be paid under this Ordin-

(e) for placing under observation vessels and aircraft arriving or being at any port or place within the Colony or the waters of the Colony, and for their management while under observation, and for granting certificates of the con- dition of vessels and aircraft or of the Colony or any part thereof in respect of disease;

(f) for the deratisation of vessels or aircraft;

(g) for the disinfection and disinsectisation of vessels, aircraft, persons, animals and things;

(h) for prohibiting either absolutely or conditionally, or for regulating, the importation, exportation or removal in the Colony of dead bodies;

(i) for prohibiting or regulating :-

(i) the admission of persons into or their movements within the Colony or their departure therefrom either absolutely or conditionally.

(ii) the importation of merchandise, food and drink;

(j) for establishing and maintaining quarantine stations for persons and for regulating the management of the same;

(k) for the detention and seclusion in a quarantine station or on board of persons, whether actually suffering from disease or not, arriving on vessels or aircraft subject to observation, and for the payment to Government of any costs and expenses charged or incurred for the medical attendance and mainten- ance of any such persons;

(1) for prescribing the measures to be taken for the prevention of the conveyance of infection by means of any vessel or otherwise from any area or port of the Colony, including :-

(i) the measures that shall be applied to vessels or aircraft before departure;

(ii) the measures that shall be taken to prevent the departure of persons infected with or suspected of being infected with plague, cholera, yellow fever, typhus or small- pox, and of persons in such relation with the sick as to be rendered liable to transmit the infection of these diseases:

council

to make regulations.

106

(iii) the measures that shall be applied with respect to merchandise, articles or clothing infected or suspected of being infected;

(iv) the prohibition either absolutely or conditionally of the export of merchandise, or of articles of clothing infected or suspected of being infected;

(v) precautions with regard to drinking water and food- stuffs taken on board vessels, aircraft or trains and the water taken in as ballast by vessels;

(vi) measures for the prevention of access of mosquitoes to vessels or aircraft in the case of the prevalence of yellow fever;

(vii) measures for delousing typhus suspects before em- barkation; and

(viii) measures for the disinfection of clothes and rags before packing where smallpox is prevalent;

(m) for appointing, establishing and maintaining places for the sanitary control of aerial navigation and for prescribing the sanitary measures to be taken in respect thereof;

(n) for prescribing the liability of any person to defray the expenses connected with the enforcement of this Ordin- ance or any regulation made under this Ordinance, and for regulating questions of compensation in connection there- with; and

(o) for prescribing the fine with which the contravention of any regulation made under this Ordinance shall be punish- able, but so that no such fine shall exceed five hundred dollars.

(3) Without prejudice to the generality of the provisions of sub-section (1) and for the prevention of any epidemic, endemic, contagious or communicable disease, such regula- tions may also provide-

(a) for the compulsory reporting of infectious disease;

(b) for entering and searching houses, buildings, rooms and other places in which the presence of diseased persons or persons dead of disease or contacts may be suspected and for the examination of the occupants;

(c) for prohibiting or regulating the movements of dis- eased persons or of persons suspected of being diseased or of contacts;

(d) for the removal of diseased persons or persons suspected of being diseased to hospital or other places for medical treatment, and for their detention until they can be discharged with safety to the public, and for the temporary occupation of places required for the treatment of diseased persons or for the segregation of diseased persons or contacts;

(e) for prohibiting or regulating the removal of bedding, clothing, furniture or other articles which have been in the presence of a diseased person and which are reasonably suspected of being infected, and for the disinfection or destruction of the same;

(f) for ordering the vaccination of, and for ordering or executing the cleansing and disinfection of, houses, buildings, rooms and other places which have been occupied by any

107

diseased person, or which are suspected of being infected with disease, or which are overcrowded or otherwise in an insanitary condition;

(g) for house to house visitation, cleansing and disinfec- tion:

(h) for the better prevention of the danger of the spread- ing of infection by rats by destroying them or minimising their numbers, and for the prevention of the passing of rats from the shore to vessels and aircraft and vice versa.

(i) for the disinfection and purification of infected. vehicles;

6) for the examination of the bodies of dead persons and the certification of the cause of death in cases where the cause has not been certified by a qualified medical practitioner or where there is reason to suspect that the diagnosis made is not correct;

(k) for the speedy and safe disposal of the dead; and

(1) for such other matters as may appear to the Governor in Council advisable for the prevention or mitigation of disease.

(4) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and, if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without pre- judice to anything done thereunder, be deemed to be rescinded or amended as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

OFFENCES AND PENALTIES.

9. If any person without lawful authority or excuse Offences does or omits to do anything which, under the provisions of generally. this Ordinance or any regulation made thereunder, he ought not to do or omit, or if he obstructs or impedes, or assists in obstructing or impeding, any Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty or disobeys any lawful order of any such officer as aforesaid, he shall be guilty of an offence against this Ordinance.

10. If any person is guilty of an offence against this Penalty. Ordinance or any regulation made thereunder for which no other penalty is provided, he shall be liable on summary conviction to a fine not exceeding two hundred dollars, and, if such offence be of a continuing nature, to a further fine not exceeding twenty dollars for every day during which such offence shall continue.

second or

11. A person convicted of any offence against this Increased Ordinance or any regulation made thereunder who is within penalty for a period of twelve months from the date of such conviction subsequent convicted of a second or subsequent like offence against this offence. Ordinance or any regulation made thereunder shall be liable to imprisonment for any term not exceeding two months either in addition to or in lieu of the fine authorised by section 10.

Arrest.

Forfeitures.

Presumption of know-

ledge.

Measures

prescribed

to be under

108

12.--(1) When a person is seen or found committing or is reasonably suspected of being engaged in committing an offence against this Ordinance or any regulation made there- under, any Health Officer or police officer may, without warrant, stop and detain him, and if his name and address are not known may arrest him.

(2) If any person obstructs or impedes a Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty under this Ordinance or any regulation made thereunder, or assists in any such obstruction or impeding, he may be arrested by such Health Officer or other officer or police officer without warrant.

(3) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted.

13. If any person lands or attempts to land or otherwise brings into the Colony any animal or thing in contravention of this Ordinance or of any regulation made thereunder, such animal or thing shall be liable to be forfeited: Provided that this section shall not apply to landing or bringing into a quarantine station any animal or thing under the instructions of a Health Officer.

14. When any occupant of a house in which a case of disease occurs, or any person in charge of a diseased person, is charged with an offence against this Ordinance or any regulation made thereunder, relative to such disease, he sha!! be presumed to have known of the existence of such disease in such person unless and until he shows to the magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge.

15. The execution of the measures prescribed by this Ordinance and the regulations made thereunder shall be carried out under the general direction of the Director of direction of Medical and Sanitary Services.

general

Director of

Medical and Sanitary

Services.

Import of

noxious

Part II.

THE PREVENTION OF THE INTRODUCTION OF DISEASE.

16. No person shall knowingly import into the Colony insects and any living noxious insect, or any living pest, or any living germ or microbe of disease, or any bacterial culture, without the written consent of the Director of Medical and Sanitary Services.

pests.

Import of

diseased

persons.

Declaration

of infected port.

17. Every master of any vessel or aircraft who brings into the Colony any person suffering from leprosy or any infectious or contagious disease, or who removes any such person from one part of the Colony to the other, except on the order of a Health Officer, shall be deemed guilty of an offence against this Ordinance unless such master can show to the satisfaction of the magistrate that he had no reasonable means of knowing that such person was so suffering.

18. Whenever information is received that plague, cholera, yellow fever, typhus or smallpox has broken out, or exists, or is reasonably suspected to exist, at any place or

109

port without the Colony it shall be lawful for the Governor in Council to declare that such place or port is an infected place or infected port.

All declarations made under this section shall be notified in the Gazette.

19.-(1) All persons coming from an infected place or port otherwise than by sea or air may be medically inspected or examined by a Health Officer.

(2) The inspection or examination shall be conducted at such place as the Director of Medical and Sanitary Services shall approve.

(3) In the case of persons arriving by rail the railway authorities shall allow sufficient time and make due arrange- ments for the examination to take place.

Medical inspection or

examination of arrivals from infect- ed places or ports

otherwise

than by sea.

may be

20. (1) Any vessel or aircraft arriving in the Colony Any vessel may be visited by a Health Officer, who may exercise all or aircraft or any of the powers vested in him by section 31, and shall visited by deal with the vessel or aircraft in the manner prescribed by Health or under this Ordinance.

Officer.

master.

(2) Every master of such vessel or aircraft shall allow Duties of and assist on board without delay a Health Officer as soon as he comes alongside.

Master to

furnish information

(3) The master or any other person having the control of any vessel or aircraft shall give to a Health Officer, officer in charge of aerodrome or Boarding Officer such to Health information about the vessel or aircraft and the voyage and the health of the crew and passengers and otherwise as the officer may require and shall answer truly and fully all the questions put to him by any such officer.

to sea.

(4) Any vessel refusing to submit to the measures pre- scribed by or under this Ordinance shall be at liberty to put She may however be permitted by a Health Officer to land goods if she is isolated and if the goods are subjected to the measures laid down in sections 47 (iv), 53 (iv), 58 (iv) and 60 (iv). She may also be authorised by him to disembark passengers at their request on condition that they submit to the measures prescribed by or under this Ordinance. vessel may also take on fuel, foodstuffs and water.

The

Officer or Officer.

Boarding

Vessels refusing to measures prescribed.

submit to

not wishing to submit

(5) Subject to the provisions of section 61, any aircraft Aircraft which does not wish to submit to the measures prescribed by or under this Ordinance is at liberty to continue its voyage. to measures It may not however land in any other aerodrome in the Colony prescribed. except for the purpose of taking in supplies. It may be per- mitted by a Health Officer to land goods on condition that it is isolated and that the goods are subjected, if necessary, to the measures prescribed by or under this Ordinance. It may also take in fuel, replacements, food and water while remaining in isolation.

Time

admission to

21. No infected or suspected vessel, and no vessel which has come from an infected port and which has not been limits for granted free pratique in Hong Kong, shall enter the harbour limits before 6 a.m. or after 6 p.m. without the permission fected, of a Health Officer.

harbour of

vessels

infected, suspected or arriving from an infected

port.

Vessels

which are to show

quarantine signal.

Vessels

which are

proceed to quarantine anchorage,

110

22.-(1) Every vessel referred to in section 21 on entering the waters of the Colony shall show the appro- priate quarantine signal as prescribed by section 35, and shall not communicate with the shore until granted pratique by the express written order of a Health Officer: Provided nevertheless that any such vessel, which is on a voyage to any other place and which has held no unauthorised communica- tion with the shore, may with the written consent of a Health Officer proceed on such voyage or tranship the passengers for the purpose of completing such voyage.

(2) The aforesaid quarantine signal shall not be lowered until a Health Officer has given free pratique.

23. Every vessel referred to in section 21 shall, unless required to previously granted pratique, proceed at once to the quarantine anchorage and shall not remove therefrom, except from stress of weather, until released by order of a Health Officer. No vessel which is compelled to leave the quarantine anchorage from stress of weather shall communicate except by signals with the shore or with any other vessel, and such vessel shall return to the quarantine anchorage immediately such stress of weather has subsided: Provided that in case of stress of weather involving probable actual danger to the vessel the vessel may remove for a time, but shall be deemed never- theless for all purposes to be subject to all other regulations applicable to such vessels.

Position at quarantine anchorage

24. The master of every vessel shall remove his vessel to any part of the quarantine anchorage as and when required determined by the Harbour Master.

by Harbour Master.

No com- munication

allowed with certain vessels.

Pilot may

25. Subject to the provisions of section 26, no person other than a Health Officer, or persons in his boat, shall approach within thirty yards of any vessel referred to in section 21, or hold any communication except by signals with such vessel or with any person on board thereof, or receive or take any person or thing whatsoever, directly or indirectly, from the vessel or from any person on board thereof without having first received the express written permission of such Health Officer, and without observing such precautions as he may require.

26. The pilot may board a vessel showing the quarantine board vessel signal for the purpose of taking it to the quarantine anchorage. quarantine In no case shall any member of his crew or other person

board the vessel unless authorised by a Health Officer.

showing

signal.

Prohibition of landing

passengers

vessels

before

inspection.

27. No master of any vessel referred to in section 21 bringing passengers into the Colony shall land or permit to from certain land or to be landed from his vessel any such passengers until they have been inspected and passed by a Health Officer. and the master shall afford all reasonable facilities for enabling such inspection to be duly carried out. No master shall land or permit to land or be landed from his vessel at any place within the Colony any infected person except with the permission of a Health Officer, and any master from whose vessel any infected person is landed without permission shall, on demand from a Health Officer, forthwith remove such person from the Colony.

111

guard of train to

28.-(1) The guard of any train on which a case of Duty_of plague, cholera, yellow fever, typhus or smallpox is present shall on arrival at the first station report the facts to the report cases station master, who shall telephone or telegraph them to a Health Officer.

of infection,

Duty of

master with

and carriage.

2) The station master shall detain the carriage in which the sick person is and all other occupants thereof for examina- station tion by a Health Officer, and shall detach the carriage from regard to the rest of the train and keep it at the station until the infected case examination has been made, or send the carriage to another station at which the examination can be more expeditiously carried out and from which the sick person and other persons may be more easily conveyed to a hospital or place of isolation.

(3) Any person suffering or suspected to be suffering from any such disease shall be removed to a hospital or place of observation and remain there until discharged by the officer in charge thereof.

29. No infected or suspected aircraft, and no aircraft Restriction which has come from an infected port and which has not on landing

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　or departure been granted free pratique in Hong Kong shall land at any of certain place in the Colony other than a sanitary aerodrome, and aircraft, no such aircraft shall leave such sanitary aerodrome until released by order of a Health Officer.

30. No person other than a Health Officer or persons authorised, either generally or specially, by him shall enter or depart from a sanitary aerodrome.

Sanitary aerodrome,

restriction of admis- sion to and departure from.

Officer to inspect

vessels.

31. On the arrival of any vessel referred to in section Health 21 at the quarantine anchorage, a Health Officer shall go on board and put to the master and surgeon, if any, or to certain any other person on board such questions as he deems neces- sary in order to ascertain the state of health of persons on board, the sanitary condition of the ship and cargo and the sanitary conditions of the port of departure or of intermediate ports touched at, and may require the presence for inspection and examination of all persons on board, and may inspect every part of the ship and demand to see the journal or log book and all ship's papers.

and

32. (1) The master and surgeon of every such vessel Declaration as aforesaid shall make and sign before a Health Officer a true by Master declaration as to the number of crew and passengers, the Surgeon. presence or prevalence of infectious disease on board or during the voyage, the number of deaths and such other particulars as may be required by such Health Officer.

for untrue declaration.

(2) Any such declaration purporting to be signed by the Penalty master and surgeon shall be deemed to have been so signed, and any information therein contained, which shall subsequently be found to be untrue, shall render such master or surgeon liable on summary conviction to a fine not exceeding one thousand dollars each and to imprisonment for any term not exceeding six months.

(3) Any master or surgeon who fails to make and sign a Penalty for declaration as herein required, shall be liable on summary conviction to a fine not exceeding five hundred dollars.

failure to make

declaration.

Vessel to be

dealt with

provisions of this

Ordinance.

Penalties for

112

33. A Health Officer, after making such an enquiry, inspection or examination, shall deal with such vessel as aforesaid and the persons and things on board in the manner provided by this Ordinance or by the regulations made thereunder.

34. Any master of a vessel or other person on board preventing who:-

Health Officer inspecting vessel.

Signals to be shown by certain vessels.

Power of Police to restrict movements of persons or things to and from certain vessels.

(a) prevents or attempts to prevent a Health Officer from going on board such vessel;

(b) conceals from a Health Officer the true state of the health of the crew or passengers or other persons on board such vessel;

(d) fails to produce the journal or log and ship's papers of such vessel or any of them on demand of a Health Officer; (e) fails to present the crew and passengers for inspection when required to do so by a Health Officer;

f) prevents or attempts to prevent a Health Officer from inspecting any part of the vessel,

shall be liable on summary conviction to a fine not exceeding five hundred dollars.

35. Every infected and every suspected vessel, and every vessel which has come from an infected port and which has not been granted free pratique in Hong Kong, shall show whichever of the undermentioned signals is appropriate until a Health Officer has given free pratique :-

(a) By day-

(i) the Flag Signal Q: meaning my ship is healthy and I request free pratique ";

(ii) the Two Flag Signal QQ: meaning my ship is suspect, that is to say I have had a case or cases of infectious disease more than five days ago, or there is an unusual mortality among rats on board ; or

(iii) the Two Flag Signal QL: meaning

　　　　　　　　　　　　　my ship is infected, that is to say I have had a case or cases of infectious disease less than five days ago.

The day signal shall be shown at the vessel's masthead or where it can best be seen.

(b) By night-

during the whole of the time between sunset and sunrise, but only when the vessel is within the waters of the Colony, a signal comprising a red light over a white light, the lights being not more than six feet apart, and meaning free pratique ".

"I have not

The night signal shall be shown at the vessel's peak or other conspicuous place where it can best be seen.

36. The Inspector General of Police and any officer whom he may appoint for the purpose may order any person leaving any vessel referred to in section 35, or taking or sending any person or thing whatsoever from such vessel, to remain in, or return to, such vessel and may, with such neces- sary force as the case requires, compel any person neglecting or refusing to observe such order to obey the same.

113

Health

vessels

37. Whenever a Health Officer shall so require, all Power of passengers on board any vessel under observation or so many as as he may direct shall be taken to a quarantine station and to passengers there kept and attended to for such a time as he may deem on board proper before allowing them to return on board the vessel or under ob- to be transferred to any other vessel or to land in the Colony. servation. The period of detention shall in no case be greater than is permitted by this Ordinance or any regulation made there- under.

detention of

38. A Health Officer may detain in a quarantine station, Power of until such time as the disease is no longer communicable infected to others, any person desirous of landing in the Colony persons who on arrival is found to be suffering from an infectious desirous of

disease.

landing.

Health Officer with

regard to disposal of corpse.

39. In the case of a vessel or aircraft in the waters of Power of the Colony having on board the body of any person who has died from an infectious disease, the body shall be disposed of in such manner as may be ordered by a Health Officer; and the master of the vessel shall carry out such orders as such Health Officer may give him in relation to the disposal of the body.

infectious

on quaran- tine station

40. Any person entering or landing on a quarantine Trespasser station without permission may be detained and kept under observation at his own expense for such period not exceeding may be fourteen days as a Health Officer may deem proper.

detained,

incurred by

recovered from owners

agents.

41. Any reasonable costs and expenses charged or Costs incurred by the Government for the vaccination, inoculation, Government removal, medical attendance and maintenance of any person, may be whether on the ship's articles or not, who under this Ordin- ance or the regulations made thereunder is removed to any hospital or place from any vessel or aircraft for medical treatment or surveillance, or for the burial of any person who may die on any vessel or aircraft, or who dies after removal to hospital, or for the burial of any dead body found on board any vessel or aircraft, or for the cleansing and disinfection of any vessel or aircraft, or of the merchandise on board any vessel or aircraft, or of any part of the vessel or aircraft or of the merchandise, including the hire of the necessary labour, boats, junks and disinfecting appliances, shall be paid to the Government by the owners or agents of the vessel.

furnish

assistance.

42. The Inspector General of Police shall furnish such Police to police assistance as any Health Officer may require for the purpose of enabling him to exercise the powers vested in him by this Ordinance or the regulations made thereunder and to deal with vessels and aircraft and persons and things on board thereof in the manner prescribed by this Ordinance.

43. Nothing in this Ordinance or the regulations made thereunder shall render liable to detention, disinfection or destruction any articles being part of any mails conveyed under the authority of the postal administration of any country, except in the case of such importation as is pro- hibited under section 16.

Exemption

of postal matter.

Duty of medical practitioner

when a case

114

44.-(1) Should the surgeon of, or any medical practi- tioner visiting, any vessel or aircraft within the limits of the and master Colony find on board any infectious disease, it shall be the of infectious duty of such surgeon or medical practitioner to inform the disease dis- master of the nature of the disease and notify the same in covered on writing to a Health Officer. All further action as regards the or aircraft. patient, the members of the crew, the passengers or the vessel or aircraft shall be under the direction of a Health Officer.

board vessel

Duty of master in case of

sickness

where no surgeon is carried.

Internal

(2) Should such infectious disease be believed or suspect- ed to be plague, cholera, small-pox, typhus or yellow fever, such vessel or aircraft shall at once be considered as an infected vessel or aircraft under this Ordinance. The master of such vessel or aircraft shall at once take such steps as are necessary to inform a Health Officer of the facts of the case and shall display the appropriate signal referred to in section 35, and shall not permit any further communication with the shore, but shall wait for instructions from a Health Officer.

45. In case any vessel in the waters of the Colony which carries no surgeon has on board any sickness, the nature of which the master is unable to determine, he shall at once hoist the call flag for medical assistance (letter M in the Inter- national Code of Signals over the Code Pennant), and shall take such measures as may be necessary to inform a Health Officer and shall await his directions.

46. This Ordinance and the regulations made thereunder management shall not in any way interfere with the internal management of any of His Majesty's or of foreign vessels or aircraft of war, or with their freedom to proceed whenever the officer fered with. in command may deem such course requisite.

of vessels or aircraft of war not to be inter-

Plague

Plague Precautionary Measures.

47. Plague infected vessels and aircraft shall be sub-

precaution- jected to the following measures:-

ary measures

in case of infected vessels or aircraft.

Provisions relating to discharge of cargo.

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) All persons who have been in contact with the sick and those whom a Health Officer has reason to consider suspect shall be disembarked if possible. They may be sub- jected to observation, or to surveillance, or to observation followed by surveillance, provided that the total duration of these measures does not exceed six days from the arrival of the vessel.

(iv) Bedding, soiled linen, wearing apparel and other articles which, in the opinion of a Health Officer, are infected shall be disinsectised and if necessary disinfected.

(v) The parts of the vessel which have been occupied by persons suffering from plague or which in the opinion of a Health Officer are infected shall be disinsectised and if necessary disinfected.

48.-(1) A Health Officer may require deratisation by fumigation before or during the unloading of cargo, if he is of opinion, having regard to the nature of the cargo and the way it is loaded, that it is possible so to effect a total destruc- tion of rats. In this case a vessel shall not be subjected to a further deratisation unless during or after the unloading

115

live rats are still found, in which event a second fumigation may be required by a Health Officer, but the cost of such second fumigation shall not be charged to the owners or agents of the vessel under section 41. In other cases the complete destruction of the rats shall be effected on board when the holds are empty. In the case of ships in ballast this process shall be carried out as soon as possible before taking cargo.

(2) If the vessel is to unload a part of its cargo only and if a Health Officer considers that it is impossible to carry out complete deratisation, the said vessel may remain in port for the time required to unload that part of its cargo, provided that all precautions, including isolation, are taken. to the satisfaction of a Health Officer to prevent rats from passing from the vessel to the shore, either during unloading or otherwise.

(3) The unloading of cargo shall be carried out under the control of a Health Officer, who shall take all measures necessary to prevent the persons employed on this duty from becoming infected. Such persons shall be subjected to observation or surveillance for a period not exceeding six days from the time when they have ceased to work at the unloading of the vessel.

ary measures

49. Plague suspected vessels and aircraft shall undergo Plague the measures specified in section 47 (i), (iv) and (v) and in precaution- section 48. In addition the passengers and crew may be in case of subjected to surveillance which shall not exceed six days reckoned from the date of arrival.

50. A vessel or aircraft shall be regarded as uninfected or healthy, notwithstanding its coming from an infected port, if there has been no human or rat plague on board either at the time of departure or during the voyage or on arrival, and if the investigations regarding rats have not shown the exist- ence of any unusual mortality.

suspected

vessels or aircraft.

Uninfected or healthy vessels or aircraft coming from port.

an infected

51. An uninfected or healthy vessel or aircraft shall Pratique, be given pratique immediately with the reservation that a Health Officer may prescribe the following measures in con- nection therewith:-

(i) Medical inspection to determine whether the condition of the ship corresponds to the definition of an uninfected ship.

(ii) In exceptional cases and for wellfounded reasons which shall be communicated in writing to the captain of the vessel, destruction of rats on board under the conditions specified in section 48 (1).

(iii) Subjection of the passengers and crew to surveillance for a period not exceeding six days from the date on which the vessel left the infected port. The crew may be prevented during the same period from leaving the vessel except on duty of which a Health Officer has been notified.

of vessels.

52. All vessels liable to harbour rats shall be periodically Periodical deratised, or be permanently so maintained that any rat deratisation population is kept down to the minimum. In the first case they shall receive Deratisation Certificates, and in the second Deratisation Exemption Certificates from a Health Officer. Every such certificate shall be valid for six months, but this period may be extended by one month in the case of a vessel proceeding to its home port.

116

If no valid certificate is produced, a Health Officer may after inquiry and inspection--

(a) himself carry out deratisation of the vessel, or cause such operations to be carried out under his direction and control. On completion of these operations to his satisfaction he shall issue a dated Deratisation Certificate. He shall decide in each case the technique which should be employed to secure the practical extermination of rats on board, but details of the deratising process applied and of the number of rats destroyed shall be entered on

　　　　　　　　　　　　　　on the certificate. Destruction of rats shall be carried out so as to avoid as far as possible damage to the vessel and cargo (if any). The operation must not last longer than twenty-four hours. In the case of vessels in ballast the process shall be carried out before taking cargo. Any charges made in respect of these operations shall be determined in accordance with section.

41; or

(b) issue a Deratisation Exemption Certificate if he is satisfied that the vessel is maintained in such a condition that the rat population is reduced to a minimum. The reasons justifying the issue of such a certificate shall be set out in the certificate.

Cholera precaution-

ary measures in case of infected vessels and aircraft.

Cholera Precautionary Measures.

53. Cholera-infected vessels and aircraft shall be sub- jected to the following measures :-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) The passengers and crew may be kept under observation or subjected to surveillance during a period not exceeding five days reckoned from the date of arrival.

(iv) Bedding, soiled linen, wearing apparel and other articles, including foodstuffs, which, in the opinion of a Health Officer, have been recently infected, shall be disinfect-

cd.

(v) The parts of the vessel or aircraft which have been occupied by the patients or which are considered by such Health Officer as infected shall be disinfected.

(vi) Unloading of cargo shall be carried out under the supervision of such Health Officer, who will take all measures necessary to prevent the infection of the persons engaged in unloading. They shall be subjected to observation. or to surveillance which shall not exceed five days from the time they cease unloading.

(vii) When the drinking water on board is suspected it shall be turned off and emptied out after being disinfected and shall be replaced, after disinfection of the tanks, by a supply of water of good quality.

(viii) Such Health Officer may prohibit the emptying of water ballast which has been taken in at an infected port, unless such water ballast has first been disinfected.

(ix) Such Health Officer may prohibit the emptying or discharge of human dejecta and of waste waters of the ship into the waters of the port unless such dejecta or waste waters have first been disinfected.

117

precaution- in case of suspected

ary measures

54. Vessels or aircraft suspected of cholera shall be Cholera subjected to the measures prescribed under paragraphs (i), (iv), (v), (vii), (viii) and (ix) of the preceding section. The passengers and crew may be subjected to surveillance for a period not exceeding five days from the date of arrival. aircraft.

vessels and

55. If any vessel or aircraft has been declared infected Effect of or suspected only because of cases on board presenting the bacteriolo-

gical ex- clinical features of cholera and if two bacteriological examina- aminations. tions made with an interval of not less than 24 hours between them have not revealed the presence of cholera or any other suspicious vibrios, it shall be classed as uninfected.

ary measures

aircraft.

56. A vessel or aircraft shall be regarded as uninfected Cholera if, although arriving from an infected port or having on board precaution- persons proceeding from an infected area, there has been no in case of case of cholera either at the time of departure from such vessels and infected port, during the voyage, or on arrival. Such vessel or aircraft may be subjected to the measures provided under paragraphs (i), (vii), (viii) and (ix) of section 53. In addition the passengers and crew may be subjected to surveillance during a period which shall not exceed five days from the date of arrival. The crew may be prevented during the same period from leaving the ship or sanitary aerodrome except on duty of which a Health Officer has been notified.

clinically

57.-(1) Cases presenting the clinical symptoms of Cases cholera in which no cholera vibrios have been found or in cholera to which vibrios not strictly conforming to the character of be classed cholera vibrios have been found shall be subjected to all measures required in the case of cholera.

as cholera.

(2) Germ carriers discovered on the arrival of a vessel Germ or aircraft may be treated in the same way as cases of carriers, disease.

Smallpox Precautionary Measures.

precaution-

58. Vessels or aircraft which during the voyage had, Smallpox or at the time of their arrival have, a case of smallpox on board shall be subjected to the following measures:

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) Other persons reasonably suspected to have been exposed to infection on board, who, in the opinion of a Health Officer, are not sufficiently protected by recent vaccination or by a previous attack of smallpox, may be subjected to vaccination or to vaccination followed by observation or surveillance, the period of observation or surveillance being specified according to the circumstances, but in any case not exceeding fourteen days reckoned from the date of arrival of the vessel or aircraft.

(iv) Bedding, soiled linen, wearing apparel and other articles which such Health Officer considers to have been recently infected shall be disinfected.

(v) Those parts of the vessel or aircraft which have been occupied by persons ill with smallpox and which such Health Officer regards as infected shall be disinfected.

ary measures in the case of infected vessels or aircraft.

Smallpox

118

59. Vessels and aircraft which are not infected with precaution- smallpox but which come from a port declared to be infected with the disease shall be subjected to the

ary measures

in the case of contact vessels or aircraft.

Ordinance No. 12 of

1923.

Typhus precaution- ary measures in case of

infected vessels or aircraft.

Yellow

fever pre- cautionary measures i. case of infected

vessels or aircraft,

measures:

(i) Medical inspection.

the following

(ii) Any passenger or member of the crew who is not protected by vaccination or by a previous attack of smallpox, and who has left a local area where smallpox is epidemic within the previous fourteen days before landing in the Colony, may be subjected to vaccination followed by

surveillance.

Provided that nothing in this section or in section 58 shall derogate from the powers in respect of vaccination or detention conferred by sections 17 and 18 of the Vaccination Ordinance, 1923.

Typhus Precautionary Measures.

60. Vessels or aircraft which during the voyage had, or at the time of their arrival have, a case of typhus on board shall be subjected to the following measures:

(i) Medical inspection.

(ii) The sick shall be immediately disembarked, isolated, and deloused.

(iii) Other persons reasonably suspected to harbour lice, or to have been exposed to infection, shall be deloused and may be subjected to surveillance during a period which shall not exceed twelve days from the date of the delousing.

(iv) Bedding, linen, wearing apparel and other articles which a Health Officer considers to be infected shall be disinfected.

(v) The parts of the vessel or aircraft which have been occupied by persons ill with typhus and which such Health Officer regards as infected shall be disinfected and dis- insectised.

Yellow Fever Precautionary Measures.

61. Vessels or aircraft infected with yellow fever shall be subjected to the following measures:-

(i) Medical inspection.

(ii) The sick shall be disembarked, and those of them whose illness has not lasted more than five days shall be isolated in such a manner as a Health Officer may direct to prevent the infection of mosquitoes.

(iii) Other persons who disembark shall be kept under observation or surveillance during a period which shall not exceed six days reckoned from the time of disembarkation.

(iv) A ship shall be moored at least 220 yards from the inhabited shore and at such a distance from other vessels as will render the access of mosquitoes improbable.

(v) The destruction of mosquitoes in all phases of growth shall be carried out on board, as far as possible before unloading of cargo. If the unloading is carried out before the destruction of mosquitoes, the persons employed shall be subjected to observation or surveillance for a period not exceeding six days from the time when they ceased unloading.

119

62. Vessels or aircraft suspected of yellow fever may be subjected to the measures specified in paragraphs (i), (iii), (iv) and (v) of section 61.

Yellow fever pre-

cautionary measures in case of suspected vessels or aircraft.

Yellow fever pre- cautionary measures in

63. A vessel or aircraft shall be regarded as uninfected, notwithstanding its having come from a yellow fever infected port, if on arriving after a voyage of more than six days it has no case of yellow fever on board and either there is no reason to believe that it carries adult stegomyia or a aircraft. Health Officer is satisfied:-

(a) that the vessel or aircraft during its stay in the port of departure was moored at a distance of at least 220 yards from an inhabited shore and at such a distance from other vessels as to make the access of stegomyia improbable; or

(b) that the vessel or aircraft at the time of departure was effectually fumigated in order to destroy mosquitoes.

Other Infectious Diseases, Precautionary Measures.

the case of vessels or

with regard

64.--(1) Any person who, on arrival in the Colony by Precaution- any vessel or aircraft, is found to be suffering from chicken- ary measures pox, diphtheria, enteric, dysentery, scarlet fever, influenza, to vessels or cerebro-spinal meningitis, measles or other such infectious aircraft disease, may be removed to a hospital if a Health Officer is of opinion that he cannot be isolated or treated on board.

(2) Any bedding, linen, wearing apparel or other articles which such Health Officer considers to be infected shall be disinfected as he may direct.

(3) Any part of the vessel or aircraft which such Health Officer considers to have been infected shall be disinfected as he may direct.

Insanitary and Overcrowded Vessels.

infected

with certain

diseases.

Measures

with regard to nuisances

and in-

65.--(1) If a Health Officer on inspection of any vessel finds any decaying animal or vegetable matter, rubbish, dirt, filth or other matter, which in his opinion is likely to be injurious to health or to create a nuisance, he may serve a written notice on the master, agent or owner of the vessel to on board abate the said nuisance within twelve hours.

(2) If such nuisance is not abated within such time the master, agent or owner shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default.

(3) If a Health Officer on inspection of any vessel finds any crew's quarters, living spaces, water tanks, foodlockers, paintlockers, decks, lavatories, latrines or bilges to be in a dirty or insanitary state, he may call upon the master of such vessel to carry out to his satisfaction such cleansing, dis- infection, white-washing or painting as he may direct.

(4) Any master of a vessel who neglects to comply with such orders within such time as a Health Officer directs shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default, and the person whose duty it is to grant a port

sanitary conditions

vessel or aircraft.

Ordinance No. 5 of 1910.

120

clearance may, on the certificate of such Health Officer, withhold a port clearance from such vessel until such Health Officer's directions have been complied with.

(5) At the discretion of a Health Officer any offensive articles mentioned in this section may be discharged, and the vessel may, at the owner's or agent's expense, be disinfected under the supervision of a Health Officer.

(6) All expenses incurred by a Health Officer in carrying out this section shall be recoverable from the owner or agents of the vessel under the Crown Suits Ordinance, 1910.

Vessels

with filthy passengers or in an

to quaran-

66. Where a vessel has passengers on board who are in a filthy or otherwise unwholesome condition, or is over- crowded with passengers, emigrants or otherwise, a Health overcrowded Officer may, if in his opinion it is desirable with a view to state to go checking the introduction of any infectious or contagious disease, and on his certifying to that effect, order the vessel to the quarantine anchorage or to such place as he may direct, and although the vessel is not infected or suspected such Health Officer may order the cleansing and disinfection of the vessel in such manner as he may deem necessary.

tine anchorage,

Part III.

THE PREVENTION OF THE SPREAD OF INFECTIOUS DISEASE.

Notification

furnished by

(a) Notification.

67. The Secretary to the Medical Department shall upon forms to be application furnish every medical practitioner, every medical Secretary to officer in charge of a Chinese Public Dispensary and every Medical officer in charge of a Police Station with the printed forms to

be used in the notification of infectious disease.

Depart-

ment.

Notification

no false

68. No notification which contains any false information must contain shall be deemed a notification as required by this Ordinance information. Or by any regulation made thereunder unless the person notifying proves that he believed and had reasonable grounds for believing such information to be true.

Attending practitioner to notify.

69. If any inmate of any premises be suffering from or has died from plague, cholera, smallpox, yellow fever, typhus, cerebro-spinal meningitis, measles, chicken-pox, diphtheria, scarlet fever, enteric, puerperal fever or rabies, and if such inmate be under the care of a medical practitioner, the said practitioner shall forthwith furnish a Health Officer with a notification thereof in writing stating the name of such inmate and the situation of such premises.

Such medical practitioner if not a Government Officer shall be entitled to receive, on application to the Secretary to the Medical Department, the sum of one dollar for each and every such notification, provided that he applies for payment within one month after the notification to which it relates; but not more than one fee shall be paid in respect of each case.

121

practitioner

70. If any inmate of any premises be suffering from or Notification has died from plague, cholera, smallpox or cerebro-spinal where no meningitis, and if such inmate be not under the care of a has medical practitioner, the occupier or keeper of such attended. premises or, in default of such occupier or keeper, the nearest male adult relative living on such premises, or, in default of such relative, occupier or keeper, any person in charge of or in attendance on the sick person or dead body shall, on the nature of the disease becoming known to him or on the suspicion of the existence in such inmate of such disease, forthwith notify the same to any Government Medical Officer or the Medical Officer in charge of the nearest Chinese Public Dispensary, or any officer on duty at the nearest police station or any Sanitary Inspector, who shall immediately on receipt thereof transmit the information to a Health Officer.

having

existence of

71. All persons knowing or having reason to believe Notification that any person has been attacked by, or is suffering from, by persons or has died from, plague, cholera, smallpox or such other knowledge epidemic, endemic, or contagious disease as may from time of the to time be duly notified in the Gazette, shall notify the same disease. without delay to any officer on duty at the nearest police station, or to any Government Medical Officer or to the Medical Officer in charge of the nearest Chinese Public Dispen- sary or any Sanitary Inspector, and any such officer receiving such information whether verbal or written or discovering any such case, shall notify the same with the least possible delay to a Health Officer, and may detain such person or remove him to a hospital until he can be examined by a Government Medical Officer or a Health Officer.

of hotels,

72. If any person in any hotel, boarding house or Notification common lodging-house becomes ill from any infectious, by keepers contagious or communicable disease the keeper of such boarding institution shall forthwith give notice thereof to a Health houses or Officer or to the Secretary for Chinese Affairs who shall lodging- immediately transmit such information to a Health Officer.

common

houses.

notification, failing to

notify or giving false

73.-(1) Any person required under this Ordinance or Delay in any regulation made thereunder to give information of any infectious disease, or of any death from infectious disease, who neglects without reasonable excuse to give such infor- mation with the least practicable delay, shall be guilty of an offence against this Ordinance.

(2) Any person who knowingly omits or refuses to give any information which he is required to give, or who furnishes as true information which he knows or has reason to believe to be false, shall be guilty of an offence against this Ordinance.

(3) When any person is charged with neglecting to give information of any infectious disease or any death from an infectious disease he shall be presumed to have known of the existence of such disease, unless he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

་ ་

74. When any medical practitioner in attendance on any person suffering from infectious disease is satisfied that such person has so far recovered as, in the opinion of such medical practitioner, to be no longer a source of infection to others, such medical practitioner shall notify a Health Officer in writing to that effect.

information.

Notice of recovery to to Health

be furnished

Officer,

Power of entry for search and

122

(b) Power of Entry for Search, Examination and

Detention.

75.-(1) A Health Officer may enter and search, or direct a Sanitary Inspector to enter and search, any building examination. Or enclosure for the purpose of ascertaining whether there is any person suffering from infectious disease or contacts therein and may cause any persons found therein to be examined in order to ascertain whether any of them are infected or have recently been infected.

་ ་་

Power of magistrate

to authorise officer

to enter

and inspect premises.

Movement

(2) A Health Officer may further cause any person to be detained for medical examination and may segregate in such place as he may appoint for the purpose any person found to be or suspected to be infected.

(3) A Health Officer or any officer duly authorized by him, may at any time enter any premises for the purpose of examining, and may examine, any dead body where he has reason to believe that the cause of death has not been certified by a duly qualified medical practitioner or has doubt as to the diagnosis made, and he may if he thinks fit order the removal of such body to any place if such removal is in his opinion necessary for the further examination of the body.

(4)(a) If admission to premises for any of the purposes specified in this section is refused, any magistrate on complaint. thereof on oath by any officer authorised by this section to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this section to inspect the same into the premises, and, if no such person can be found, the magistrate shall, on oath before him of that fact, by order under his hand authorise any such officer to enter the premises.

(b) After such order of a magistrate has been obtained, any officer authorised to inspect premises under this section may, if necessary, break into the premises named in the

order.

(c) Any order made by a magistrate under this section shall continue in force until the work for which the entry was necessary has been done.

76. Except with the permission of a Health Officer of infectious no infected person shall depart from the house or place in which the disease manifested itself to any other house or place nor shall any person assist in such departure.

cases

restricted.

Exposure of infected

persons and transfer of

77.-(1) No person while suffering from an infectious disease shall expose himself in any place to which the public has access or in any other place used in common by persons infectious other than the members of the family or household to which cases except such infected person belongs, nor shall any person assist in precautions such exposure.

under proper

prohibited.

(2) The transport of infected persons to any hospital or other place approved by the Health Officer if carried out with proper precautions shall not be deemed an offence against this section.

123

infected

78. No person shall knowingly give, lend, sell, pawn, Transfer or transmit, remove or expose any bedding, clothing or other exposure of articles which have been exposed to the risk of infection. articles Removal with proper precautions by a Health Officer shall prohibited. not be deemed an offence against this section.

79. Except on the requisition of a Health Officer or Diseased police officer no owner, driver or person in charge of a public persons not conveyance shall permit any person suffering from an in public infectious disease to enter such conveyance, nor shall any conveyances. infected person enter a public conveyance except with the permission of a Health Officer.

ment of

80. A Health Officer may, for the purpose of carrying Impress- out the provisions of this Ordinance, temporarily impress vehicles and motor cars, carts, or other vehicles ordinarily let for hire beasts. with the beasts (if any) necessary to draw them and may engage the services of drivers, labourers or coolies. The owner of any vehicle so impressed shall not be entitled to claim more than a reasonable sum for the use thereof. All such vehicles shall be disinfected before being returned to their

owners.

(d) Isolation of Infected Person in his own Premises.

which

81. (1) If in the opinion of a Health Officer any Conditions person suffering from an infectious disease can be properly under ou attended in his own home without danger to others, the Health cases can Officer may order that such person shall be detained and be isolated treated there and the premises isolated.

(2) Every such order shall be in writing and signed by the Health Officer.

(3) A copy of such order in English and Chinese shall forthwith be posted up in a conspicuous position on or near the patient's house, and a copy shall also be sent to the nearest police station.

(4) After the posting up of any such order and so long as the same remains in force no person, except the Health Officer or any person authorised by the Health Officer in that behalf, shall enter or leave the isolated house or remove any furniture, bedding, clothing or articles therefrom.

(5) Any person may approach the isolated house for the purpose of delivering food or medicine to the

to the persons confined in the house or of removing their excreta but may not enter such house.

(6) The Health Officer may in his discretion disinfect any person, furniture, bedding, clothing or other articles in the isolated house and may thereupon permit such person or thing to leave or be removed from the house.

(7) When satisfied that the need for isolation no longer exists the Health Officer shall remove the order posted up as aforesaid and thereupon such order shall be deemed to be cancelled.

(8) Notice of such cancellation shall be sent to the nearest police station by the Health Officer.

in their own houses.

Power to

remove

infectious cases to hospital.

Detention of

persons occupying infected

houses.

Power to close and disinfect

buildings and to isolate, detain, or subject to surveillance the contacts found therein.

124

(9) Upon receipt of the order mentioned in subsection (3) the officer in charge of the police station shall send as many police officers as are necessary to the isolated house and such police officers shall enforce the isolation of the house and repel any attempt by the persons confined in the house to break out therefrom or by any others to enter therein.

(10) Upon receipt at the police station of the notice mentioned in sub-section (8) the police officers shall be removed from the house.

(e) Removal of Infectious Cases to Hospital.

82.-(1) A Health Officer may direct the removal to a hospital or other suitable building of any person suffering from an infectious disease, the treatment for which is pro- vided in such hospital or building, if such person is, in his opinion, without proper lodging or accommodation or is living under conditions which are likely to cause the spread of the disease to other persons, or where there is no proper means of attending to the patient without danger to others: Provided that, if any such person refuses to be so removed, it shall be lawful for a magistrate, on the application of the Health Officer, to order the removal of such person to such hospital or other suitable building.

(2) A patient so removed to a hospital or other suitable building shall there remain until discharged by the Medical Officer in charge thereof.

(f) Isolation of Contacts and Closure of Infected Buildings.

83. If in the opinion of a Health Officer it is necessary in the interests of the public health, the persons residing in a building or part of a building which is infected shall be detained therein or shall be removed to such other building or buildings as the Director of Medical and Sanitary Services may direct and there be isolated and kept under supervision until such time as they may, in the opinion of the Health Officer, be safely released.

It shall not be lawful for any person to reoccupy any such building or part of a building until it has been thoroughly cleansed and disinfected.

84.-(1) If in the opinion of the Director of Medical and Sanitary Services it is necessary that all or any of the inmates, not themselves sick, of any house or building or part thereof, in which a case of infectious disease exists or has recently existed, should be isolated or put under medical surveillance or that any such house or building or part thereof should be temporarily closed, a Health Officer may direct that:-

(a) such house or building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein.

(b) all or any of the inmates, not being themselves sick, shall be isolated to the satisfaction of the Health Officer or removed to a quarantine station and detained there for such period as is necessary to ensure that such inmates are them- selves free from disease.

125

(2) All or any such inmates, who enter into a written Schedule, undertaking according to the form in the Schedule, or in its equivalent in Chinese characters, to present themselves daily for examination and who deposit, if required to do so, such sum of money, not exceeding two hundred dollars, as is fixed by the Health Officer, shall present themselves daily to the Health Officer, or to a medical practitioner approved by the Health Officer, for examination for such period and at such place and time as the Health Officer appoints.

(g) Quarantine Station.

to be

85. Whenever any persons are detained under obser- Distinguish- vation at a quarantine station a yellow flag shall be hoisted by ing signals day at a conspicuous place on the station and by night a red shown on a light over a green light, at a distance one above the other of quarantine not more than six or less than four feet.

station when occupied.

86. No person, except a Health Officer or persons Trespass on authorised, either generally or specially, by him, shall enter quarantine a quarantine station.

station prohibited.

87. No person detained under observation at a quaran- Departure tine station shall leave such station without the permission of a Health Officer.

from quarantine station without

permission

prohibited.

requisitioned

88. Any building or place which is in the opinion of Buildings a Health Officer suitable and required for the purpose of may be isolation and treatment of persons suffering from infectious for isolation disease or suspected to be suffering from infectious disease purposes. or who are contacts, and for their detention until they are free from disease, may with the written approval of the Governor be entered upon and occupied, if untenanted, without any notice whatsoever, and, if tenanted, after twenty- four hours notice in writing conspicuously posted on such building or such place. The owner or person entitled to the occupation of such building or place shall not be entitled to claim anything beyond a reasonable rent for the period during which such building is occupied under the provisions of this section.

(h) Disposal of Infected Dead Bodies.

infectious

89.-(1) In the event of the death of any person from Disposal of infectious disease the friends of the deceased shall be

per- corpses, mitted to dispose of the corpse by cremation or burial in accordance with their religious customs at the burning ground or burial ground set apart for persons dying from infectious disease or at such other places as a Health Officer may permit and shall obey the directions of the Health Officer in all matters relating to the disinfection or to the time, route and method of removing the corpse to the cremation or burial place.

(2) In the event of failure or refusal of the friends of the deceased to dispose of the corpse the Health Officer shall see to the proper disposal of it.

where

90.-(1) If a Health Officer has reasonable grounds for Post-mortem suspecting that any death may have been due to infectious examination disease he may order the removal of the body to a mortuary infectious or other suitable place for the purpose of a post-mortem disease is

examination.

suspected.

Penalty for

126

(2) Any person obstructing the removal of the body for obstruction, such purposes shall be liable to a fine not exceeding one

hundred dollars.

Penalty for dumping infectious corpses.

Disinfection

clothing and

personal effects of cases and

91. Any person who deposits or causes to be deposited in any public or private place, other than a grave in which it may be lawfully buried, the corpse of any person who has died while suffering from an infectious disease, shall be guilty of an offence against this Ordinance.

(i) Disinfection and Cleansing.

　　　　92. (1) The clothing, bedding and personal effects of of bedding, all persons detained or segregated or removed to a hospital

or other suitable building

building or place under the provisions of this Ordinance or the regulations made thereunder, which are infected or suspected to be infected, shall be thoroughly disinfected or may be destroyed at the discretion of a Health Officer, and no person shall be entitled as of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

contacts.

Disinfection or destruc-

tion of

infected or suspected articles.

Disinfection of persons prior to release.

Disinfection of infected railway carriage

and articles

contained therein.

Detention of vehicles for dis- infection,

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

93.-(1) A Health Officer may disinfect or destroy any rags, clothing, bedding or other articles infected or suspected to be infected and no person shall be entitled as of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

94. A Health Officer may require any person liable to observation to be disinfected before being released.

95. (1) Whenever it appears to a Health Officer that any railway carriage has been infected by a person suffering from plague, cholera, smallpox or yellow fever, he may order the carriage to be detained at the nearest station for such time as may be necessary for the purpose of disinfecting it, or may order such carriage to be sent to another station at which disinfection may be more expeditiously carried out.

(2) Any clothing, bedding or other articles in the carriage may be disinfected or destroyed at the discretion of the Health Officer and no person shall be entitled as of right to any compensation by way of damages or otherwise for the destruction of any such articles.

(3) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

96. Whenever it appears to a Health Officer that any vehicle has been infected he may detain such vehicle for such time as may be necessary for the purpose of disinfecting it.

127

vehicles.

97. All such carts and other vehicles as a Health Officer Disinfection shall use for the transport of infected persons or of things of infected likely to spread infectious disease shall be thoroughly dis- infected by the Health Officer before being returned to their

owners.

98. When any building or place which has been Disinfection entered on and occupied under the provisions of section 88 of houses

requisitioned is vacated the Health Officer concerned shall be bound at the for hospitals. cost of Government to cleanse and disinfect the said building or place, and if a building and if he is so required to do, to whitewash it both internally and externally immediately after vacating it.

of dangerous

99. In any case where a Health Officer shall certify Disinfection in writing that it is necessary as a precaution against the or closing introduction of disease in any place that any well should be wells. filled up, cleansed or disinfected, he may by written order require the owner or occupier of the house or land wherein such well is situated to fill up, cleanse or disinfect such well within a reasonable time to be specified in the order, and such owner or occupier shall fill up, cleanse or disinfect such well accordingly.

closure of

removal

of case.

100.-(1) If in the opinion of a Health Officer it is Temporary necessary in the interests of the public health that the persons buildings residing in a building or part of a building which is infected after shall be removed, he may direct that such building or part thereof shall be temporarily closed for such time as is neces- sary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein, and it shall not be lawful for any person to reoccupy such build- ing or part thereof until it has been thoroughly cleansed and disinfected as aforesaid.

(2) Such cleansing and disinfection may, with the approval of such Health Officer, be done in whole or in part by the inmates or by persons engaged by them; and further if in the opinion of such Health Officer it is necessary for the thorough purification and disinfection of such premises to take down any lath and plaster or other hollow partition wall or any partition, screen, panelling, wainscotting, skirting, stair- lining, ceiling, or other similar structure or any fittings or any portion of such wall, structure or fitting, the Health Officer shall forthwith have the same taken down, and, if he considers their removal from the premises or the destruction thereof or both to be necessary in the interests of the public health, he shall forthwith cause the same to be removed from the premises or destroyed or both.

(3) Such destruction shall be carried out with such precautions and in such manner as such Health Officer may deem proper, and compensation for such removal or destruc- tion shall be given by the Governor unless it is proved that the wall, structure or fitting removed or destroyed had been unlawfully erected or maintained.

(4) Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Governor, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these provisions.

Cleansing

and dis- infection

of buildings

as a check

to the spread

of disease.

Power of Health

Officer to

128

(5) The Governor shall decide in each case whether the compensation, if any, is to be paid to the owner or occupier, and payment in accordance with the decision of the Governor shall bar any further claim to compensation by owner or occupier.

Provided that nothing in this section shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

101. If a Health Officer is of opinion that the cleansing or disinfection of a building or part of a building or of any article therein likely to retain infection would tend to prevent or check the spread of any infectious disease, leprosy or tuberculosis, he may by notice in writing require the owner or occupier to cleanse or disinfect the same in the manner therein specified.

owner

102. When in the opinion of a Health Officer the or occupier is from poverty or otherwise unable cleanse and effectually to carry out the said requirements, the Health Officer may cleanse or disinfect or cause to be cleansed or disinfected the building or buildings or part of the same and any articles therein at the expense of the Government.

disinfect

buildings

and their contents.

Disinfection

with or without

103.-(1) After the removal of any person suffering of premises from an infectious disease from any house a Health Officer shall cause the room which such person occupied, and any other portion of the house which such Health Officer deems to be infected, to be thoroughly disinfected, and the house may be closed for such period as he may direct.

closure

after removal

of cases.

Action with regard to infectious

corpses.

Recovery of cost of disinfection

and pay- ment of

for damage.

(2) No person except a Health Officer or persons authorised by him shall enter such room or house during such period.

104. In the event of the death of any person from infectious disease a Health Officer shall take the necessary action to prevent the spread of infection from the corpse. The clothing, bedding and all personal effects of the deceased, which are liable, in the opinion of the Health Officer, to carry infection, shall be disinfected or, if the Health Officer so orders, be destroyed by fire, and no person shall be entitled to claim compensation as of right for the destruction of any such article.

105. Notwithstanding anything contained in the fore- going sections, the Council shall have power by officers of the Sanitary Department to enter and to cleanse and to disinfect any premises where any person suffering from plague, compensation cholera or smallpox or any other contagious or infectious disease, is or has been, or is reasonably suspected to have been, recently located, and the Council may recover the cost of such disinfection and cleansing from the house holder; but compensation may be given to such house holder for any bedding, clothing or other articles which have been destroyed during such cleansing or disinfection :

Provided that where the case of infection has been duly reported no charge shall be made for the cost of such cleansing and disinfection, and reasonable compensation for property destroyed or damaged shall in such case be given.

129

Limitation of Liability.

of liability.

106. No matter or thing done by the Council or by Limitation any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council or a Health Officer, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever : Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Repeals.

107.-(1) In the Merchant Shipping Ordinance, 1899, section 23 and the heading thereto, sub-section (20) of section 39 and Table L of the Schedule are repealed.

(2) The Public Health (Quarantine and Prevention of Disease) Ordinance, 1935, is repealed.

Commencement.

Repeal of Ordinance

No. 10 of 1899, s. 23 and heading, s. 39 (20) and Table L. also repeal

of Ordinance No. 12 of 1935.

108. This Ordinance shall come into operation on the Commence- first day of February, 1936

ment.

130

Serial No.

(FOR RECORD IN THE

HEALTH OFFICE)

Date of undertaking

Full name of person undertaking

Address in full

Ship's name

SCHEDULE.

[s.s. 4, 5, 7, 10, 84.]

Serial No.

Slip No.

QUARANTINE AND PREVENTION OF DISEASE

Serial No.

ORDINANCE, 1936.

Undertaking to submit to surveillance.

being desirous of proceeding to

(which I hereby declare to be my full and sufficient address), hereby undertake, in consideration of my being exempted from observation, (to present myself for examination at the office of the. situated at a.m. for

daily at days from the date hereof, and to report immediately at the said office any change in my residence) or (to proceed direct to the said premises and to submit myself for examination daily by the examination officer for days from the date hereof).

I am aware that failure to comply with the terms of this under- taking, will render me liable to arrest, and, upon conviction, to a fine not exceeding $200.00 for every day during which the offence shall continue.

Dated this

day of

Before me,

Health Officer.

Signature of Passenger.

(TO BE HANDED TO PERSON GIVING THE UNDERTAKING)

Date of undertaking

Full name of person undertaking

Address in full

Ship's name

Address of the examining officer to whom the undertaker must report

Period for which examination is ordered

NOTE:-Breach of this undertaking renders

the offender liable to arrest and to a fine not exceeding $200 for every day during which the offence shall continue.

131

To be printed at the back.

INSTRUCTIONS.

1. This undertaking is to be forwarded by the Health Officer to the Health Officer of the area containing the address of the person giving the undertaking. The slip is to be handed to the said person.

2. The Health Officer of such area will every day, as he sees such

person, initial the space below.

First day

Second day

Third day

Date.

Initials.

Objects and Reasons.

1. This Ordinance repeals Ordinance No. 12 of 1935 and re-enacts it as amended in consequence of suggestions made by the Ministry of Health in their letter of the 22nd August, 1935, enclosed with the Secretary of State's despatch No. 383 of the 19th September, 1935.

ease

2. The Ministry of Health pointed out-

(a) that the inclusion of separate definitions for "dis- "infectious disease and quarantinable disease " might lead to confusion and suggested that the use of the latter term to describe the five diseases referred to in the International Sanitary Convention, 1926, should be avoided. These points are dealt with in sections 2, 18 and 28 of the new Ordinance.

وو

and

(b) that the term quarantine "' is used in Ordinance No. 12 of 1935 as synonymous with observation suggested that it would be better and likely to avoid confusion if the international term observation " only were used and that the term " quarantine" might be deleted. This point has been dealt with to a considerable extent in sections 2, 4, 5, 6, 8, 28, 36, 37, 44, 85, 87 and 94 and in the Schedule. The word " quarantine is still however retained in the long and short titles and in the references to Quarantine Anchorages, Quarantine Signals and Quarantine Stations. The existing Quarantine Anchorages set out in section 16 of Table M to Ordinance No. 10 of 1899 as amended by Govern- ment Notifications Nos. 264 and 297 of 1933 are well known under that name and it would probably cause confusion to describe them as Observation Anchorages. Moreover the

word " quarantine appears in many of the Articles of the International Sanitary Convention Articles 136 and 148 of which refer to quarantine stations.

132

(c) that the definition of "Sanitary aerodrome section 2 of the principal Ordinance was inadequate and suggested that it should be expanded to accord with Article 5 of the International Sanitary Convention for Aerial Navigation, 1933. This is dealt with in section 2.

(d) that section 2 (2) (c) and 2 (2) (d) of Ordinance. No. 12 of 1935 did not conform to the International Sanitary Convention, 1926, and suggested their deletion as well as an amendment of section 58. These points are dealt with in sections 2 and 58.

دو

(e) that the terms contact vessel" and "contact air- craft were to be deprecated. This point has been dealt with in sections 2, 21, 22, 23, 25, 27, 29, 31 and 36, and in the marginal note to section 50.

(f) that section 30 of Ordinance No. 12 of 1935 was somewhat stringent and might lead to difficulties and delays unless some kind of general authorisation is envisaged. The same observation appears to apply also to section 86. These sections are amended accordingly by the addition of the words

either generally or specially,".

(g) that section 35 of Ordinance No. 12 of 1935 pre- scribed no signal for healthy ships and suggested that the whole section might be amended so as to follow Part II of the Third Schedule to the Port Sanitary Regulations, (Statutory Rules and Orders 1933, No. 38), in force in England. This point is dealt with in the new section 35.

(h) that it might be desirable to insert in section 41 of Ordinance No. 12 of 1935 some provision to ensure that the amount of the charge for the work shall be a reasonable sum, excluding any charge or claim in respect of profit and representing the actual or estimated cost to be incurred by the Government in undertaking the work, and also some provision limiting the amount which may be charged unless notice of the proposed charge has been given to the master or pilot before the work is undertaken. After consideration it was felt that to adopt these suggestions in their entirety might lead to difficulties in practice but the word reason- able" has been inserted in the new section 41.

(i) that His Majesty's Government had agreed to a pro- posal of the Office International d'Hygiene Publique for the addition to Article 25 (6) of the International Sanitary Con- vention, 1926, to provide in certain cases for the fumigation of a ship before or during the discharge of cargo and for a subsequent fumigation if during or after the discharge live rats are still found, only one of the fumigations being charged to the ship. The new section 48 adopts this principle by making an appropriate substitution for section 48 (1) of the repealed Ordinance.

(j) that section 52 of Ordinance No. 12 of 1935 appeared to be ineffective in its present form, and suggested that if the Colony does not possess the personnel and equipment necessary for deratisation periodical deratisation should not be prescribed, but on the other hand if the necessary personnel and equipment is available then deratisation certificates and deratisation exemption certificates should be obtainable and that the section should be expanded on the lines of Article 28 of the International Sanitary Convention, 1926. This matter is dealt with in the new section 52.

133

(k) that the words or destroyed

　　　　　　　　　　　　　　are not provided for in the Conventions and suggested their deletion in sections 53 (iv) and 58 (iv) of Ordinance No. 12 of 1935. This point is dealt with in the new sections 53 (iv) and 58 (iv).

(1) that there is no provision in Ordinance No. 12 of 1935 whereby an aircraft or a vessel may continue its voyage if it does not desire to submit to the prescribed measures and suggested that a provision on the lines of Article 54 of the International Sanitary Convention, 1926, and Article 57 of the International Sanitary Convention for Aerial Navigation, 1933, should be included. The new Ordinance deals with this point by adding two sub-sections to section 20.

3. A Table of Correspondence, which sets out in detail the differences between the new Ordinance and the repealed Ordinance, is attached.

December, 1935.

C. G. ALABASTER,

Attorney General.

134

TABLE OF CORRESPONDENCE

between

The Quarantine and Prevention of Disease Ordinance, 1935, and the Public Health (Quarantine and Prevention of Disease) Ordinance, 1935, which it replaces.

New Ordinance. Section.

Ordinance No. 12 of

1935. Section.

2 (1)

Remarks.

(NOTE. Wherever necessary the marginal

፡፡

notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

Public Health and brackets deleted.

1. "his observation for his quaran- tine in last line of definition of

Circumscribed case

2. definitions of Contact vessel and

Contact aircraft deleted.

or aircraft added in last line of de- finition of

4. definition of

Crew

Disease deleted.

5. definition of "Medical practitioner

deleted.

Covered by definition in section 39E (9) of Interpretation Ordinance, No. 31 of 1911, as amended by section 19 of Ordinance No. 41 of 1935.

Quarantine or deleted before defini- tion of Observation ".

observation" for quarantine

third line of definition of "Quarantine anchorage ".

8. definition of

deleted.

Quarantinable diseases

quarantine or "

deleted in first and

second lines of the

Quarantine Station ".

definition of

10. definition of Sanitary aerodrome

expanded to accord with Article 5 of the International Sanitary Convention for Aerial Navigation, 1933.

11. "alighting" for "landing" in definition

of 'Aerodrome".

paragraphs (c), (d) and (f) deleted and

paragraph (e) relettered as (c).

2 (2)

2 (3)

Deleted.

2 (4)

4 (1)

4 (2)

5 (1)

observation

多多

second line.

for quarantine in

"the Schedule or in its equivalent in Chin-

ese characters" for "Schedule A".

under observation for "in quaran- tine in second line.

'therefrom

in third line.

for from quarantine

135

Table of Correspondence,-Continued.

New Ordinance.

Ordinance No. 12 of

Section.

1935. Section.

5 (2)

Remarks.

(NOTE. Wherever necessary the marginal notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

the Schedule or in its equivalent in Chinese characters" for "Schedule A".

quarantine or deleted in second and

sixth lines.

8 (1)

8 (2)

under observation for in quaran- tine" in first line of paragraph (c).

under observation for "in quaran- tine" in third line of paragraph (e).

3. observation for quarantine in

third line of paragraph (k).

"any regulation" for "the regulations".

10 to 13

"or

сто

any regulation made thereunder" added.

"the Director of Medical and Sanitary Services" for "a Health Officer".

plague, cholera, yellow fever, typhus or smallpox for any quarantinable disease".

Sub-sections (4) and (5) added to deal with cases whereby a vessel or an aircraft may continue its voyage if it does not desire to submit to the prescribed measures. See Article 54 of the International Sanitary Convention, 1926, and Article 57 of the Inter- national Sanitary Convention for Aerial Navigation, 1933.

No infected or suspected vessel, and no vessel which have come from an in- fected port and which has not been granted free pratique in Hong Kong forno infected, suspected or contact vessel ".

% 6

Every vessel referred to in section 21

for Every infected, every suspected and every contact vessel

show

3333

"for"display

in second line.

Every vessel referred to in section 21

for

Every infected, every suspected and every contact vessel

}

3333

136

Table of Correspondence,-Continued.

New Ordinance.

Ordinance No. 12 of

Section.

1935. Section.

-28 (1)

28 (1)

28 (2)

28 (3)

Remarks.

(NOTE. Wherever necessary the marginal (NOTE.-Wherever

notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

any vessel referred to in section 21

for an infected, suspected or contact vessel ".

showing" for flying";

flag

signal for

any vessel referred to in section 21

for any infected, suspected or con- tact vessel ".

plague, cholera, yellow fever, typhus or smallpox for quarantinable dis-

ease

observation for quarantine in third

line.

"No infected or suspected aircraft, and no aircraft which has come from an infected port and which has not been granted free pratique in Hong Kong for No infected, suspected or con- tact aircraft ".

either generally or specially," added.

for any vessel referred to in section 21

an infected, suspected or contact vessel ".

32 to 34

3235

32 to 34

22 283

36.

Whole section redrafted so as to follow Part II of the Third Schedule to the Port Sanitary Regulations (Statutory Rules and Orders, 1933, No. 38) in force in England.

any vessel referred to in section 35

for an infected, suspected or con- tact vessel or any vessel in quaran- tine" in third line. "with" for "by" in fifth line.

under observation

for

' in quaran-

tine in second line.

38 to 40 38 to 40

"reasonable" added after "Any" in first

line.

boats for "boat in fourteenth line.

42 to 43

The whole section has been redrafted.

redrafted to include aircraft.

137

Table of Correspondence,-Continued.

New Ordinance. Section.

Ordinance No. 12 of 1935. Section.

Remarks.

(NOTE. Wherever necessary the marginal notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

Sub-section (1) redrafted to provide in certain cases for the fumigation of a ship before or during the discharge of cargo and for a subsequent fumigation if during or after the discharge live rats are still found, only one of the fumigations being charged to the ship.

Marginal note redrafted.

54 to 57

59 to 76

78 to 79

∞ B

78 to 79

Redrafted and expanded on the lines of

Article 28 of the International Sani- tary Convention, 1926.

"or destroyed at his discretion" deleted in

line of paragraph (iv).

81 to 83

88 to 93

888

Vessels or aircraft which during the voyage had, or at the time of their ar- rival have, a case of smallpox on board for "Smallpox infected vessels or aircraft in first line.

2 "or destroyed at his discretion" deleted

in last line of paragraph (iv).

88888

88 to 93

94.

"any" added in first line.

"drivers" added in fifth line. "cart or"

deleted in sixth line.

1 "the Schedule or its equivalent in Chin- ese characters" for "Schedule A" in second line of sub-section (2).

2. ", not exceeding two hundred dollars"

added in sub-section (2).

under observation for in quaran-

tine in first line.

", either generally or specially," added in

second line.

"under observation for in quaran-

tine".

"observation" for "be quarantined ".

95 to 106

107

Sub-section (2) added.

138

Table of Correspondence,--Continued.

New Ordinance.

Section.

Ordinance No. 12 of

1935. Section.

108

Schedule Schedule

Remarks

(NOTE. Wherever necessary the marginal notes to the sections have been

redrafted

accord with the

following amendments in the sec- tions.)

Redrafted to bring the Ordinance into operation on 1st February, 1936.

1. "A" deleted after Schedule ".

Quarantine and Prevention of Dis- ease Ordinance, 1936" added in cen- tral column.

observation

for quarantine in

fourth line of the undertaking in cen- tral column.

4. Side columns and back revised so as to avoid using the word "undertaker" as the equivalent of the person giving the undertaking.

'Sees" for "visits" in para 2 of back.

139

[No. 29-23.12.35.-9.]

(C.S.O 3145/1926).

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

Telecommunication.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:---

Part I.

PRELIMINARY.

1. This Ordinance may be cited as the Telecommunication Short title. Ordinance, 1936.

2. In this Ordinance, unless the context otherwise requires-

tion.

(1) Telecommunication" means any telegraphic or Interpreta- telephonic communication of signs, signals, writing, facsimiles and sounds of any kind, by wire, wireless, or any other system or process of electric or visual signalling or by means of pneumatic tubes.

الله

(5) "Message" means any telecommunication sent by telegraph or handed to a telegraph officer to be sent by telegraph or to be delivered.

(6) "Post" means a post, pole, standard, stay, strut or other above-ground contrivance for carrying, suspending or supporting a telegraph line.

(7) "Licensed person" means a person holding a licence granted by the Governor in Council under section 3 or section 30.

140

Part II..

Exclusive privilege in respect of telegraphs

and power to grant licences.

Exemptions. Ordinances No. 9 of

1925, No. 9 of 1930 and

No. 14 of

1935.

Power in Government

to take

possession of licensed telegraphs and to order interception

of messages.

Power to require production

of messages.

PRIVILEGES AND POWERS OF THE GOVERNMENT.

3.-(1) Within the Colony the Governor in Council shall have the exclusive privilege of establishing, maintaining and. working telegraphs.

(2) The Governor in Council may grant a licence, on such conditions and in consideration of such payments as he thinks fit, to any person or to the representative for the time being in the Colony of any corporation or administration to establish, maintain or work a telegraph within any part of the Colony, and to place, lay, carry or maintain any posts, cables or wires for the purpose of such telegraph in, along, through, across or under any roads or other property vested in the Crown.

(3) The provisions of this Ordinance shall not apply to the case of any telegraph erected or maintained by the Naval, Military or Air Force authorities or to the concession granted by Ordinance to the Hong Kong Telephone Company Limited,

4.-(1) On the occurrence of any public emergency or in the interest of the public safety the Governor or any officer specially authorized in this behalf by the Governor may---

(a) take temporary possession of any telegraph establish- ed, maintained or worked by any person licensed under this Ordinance; or

(b) withdraw either partially or totally the use of any telephone trunk line or exchange system from any person or class of persons or from the public at large; or

5.-(1) Where it appears to the Governor that such a course is expedient in the public interest he may by warrant under his hand require any person who owns or controls any telegraph line or any apparatus for radiocommunication, used for the sending or receipt of messages to or from any place outside the Colony, to produce to any person named in the warrant the originals and transcripts either of all messages or of messages of any specified class or description sent or received to or from any place outside the Colony by means of any such line or apparatus, and all other papers relating to any such messages.

(2) In this section the expression "radiocommunication" shall have the same meaning as in section 27.

141

of certain

certain

6.-(1) Whenever any message transmitted by telegraph Protection from any place outside the Colony is received by any person, messages association or company in the Colony, for the purpose of from publica- publication in any newspaper, or, by printed circular or other- tion within wise, to any limited number of persons being members of or period. subscribers to any such association or company, no person, whether a member of or a subscriber to such association or company or not, shall, without the consent in writing of such person, association or company by whom such message has been received, print or publish in any newspaper, or in any letter or circular or other printed or written communication, or retransmit by telegraph, any such message, or the substance thereof or any extract, therefrom, until after the expiration of thirty six hours from the time of the first publication of such message by the person, association or company receiving the same: Provided always that such protected period shall not extend beyond forty eight hours from the time of the first receipt in the Colony of such message: Provided also that the publication of any similar message lawfully received in like manner by any other person, association or company shall not be deemed or taken to be a publication of such first-mentioned message within the meaning of this section.

(2) Every message in respect of which the protection of this section is claimed shall be published with the heading "Telecommunication Ordinance, 1936" and the name of the person, association or company claiming such protection, and shall state the date and hour of its receipt in the Colony and of its publication, and such statement shall be prima facie evidence of the times of such receipt and publication.

or company.

(4) Every person who prints or publishes, or causes to be printed or published, or retransmits any matter contrary to the provisions.of this section shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars.

make

7.-(1) It shall be lawful for the Governor in Council Power to to make regulations for the conduct of all or any telegraphs regulations established, maintained or worked by the Government or by for the persons licensed under this Ordinance.

(2) Regulations made under this section may provide for all or any of the following among other matters:-

(a) the rates at which and the other conditions and restrictions subject to which messages shall be transmitted;

conduct of telegraphs.

Revocation of licences.

Government

not respon- sible for

loss or

damage.

142

(b) the precautions to be taken for preventing the improper interception or disclosure of messages;

(c) the period for which and the conditions subject to which messages and other documents belonging to or being in the custody of telegraph officers shall be preserved;

(d) the fees to be charged for searching for messages or other documents in the custody of any telegraph officer.

(4) The fines so prescribed shall not exceed the following limits

(b) when a servant of the person so licensed or any other person is punishable for the breach, one-fourth of the amount specified in clause (a).

8. The Governor in Council may at any time revoke any licence granted under section 3 for good cause or on the breach of any of the conditions therein contained or in default of payment of any consideration payable thereunder.

9.-(1) The Government shall not be responsible for any loss or damage which may occur in consequence of any telegraph officer failing in his duty with respect to the receipt, transmission or delivery of any message.

(2) No such officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously or fraudulently.

Part III.

Power in Director of Public

Works to place and maintain telegraph lines and posts.

POWER TO PLACE TELEGRAPH LINES AND POSTS.

10-(1) The Director of Public Works may place and maintain, and may authorise a person licensed under section 3 to place and maintain, a telegraph line under, over, along or across, and posts in or upon, any immovable property.

(2) Neither the Government nor a licensed person shall by the exercise of the powers conferred by this section acquire any right other than that of user only in any property over, along, across, in or upon which any telegraph line or post has been so placed.

143

of powers

11. (1) If the exercise of the powers mentioned in Exercise section 10, in respect of property referred to in sub-section conferred (4) thereof, is resisted or obstructed, a magistrate may, on by section a summons taken out in that behalf, order that the Director of Public Works or the licensed person concerned shall be permitted to exercise them.

(6) Every determination of a dispute by a magistrate under sub-sections (3), (4) or (5) shall be final.

same.

10 and disputes as to com-

pensation in case of property.

telegraph

12.-(1) When under the foregoing provisions of this Removal or Ordinance a telegraph line or post has been placed by the alteration of Director of Public Works or by a person licensed as aforesaid line or under, over, along, across, in or upon any property, and any post on person entitled to do so desires to deal with that property in

property.

Removal of trees interrupting telecom-

munication.

Notice and precautions by person clearing land.

144

(3) If the Director of Public Works or licensed person omits to comply with the requisition, the person making it may apply to a magistrate to order the removal or alteration.

13.-(1) If a tree standing or lying near a telegraph line interrupts or is likely to interrupt telecommunication, a magistrate may, on a summons taken out in that behalf, order the tree to be removed or dealt with in such other way as he deems fit.

(2) When disposing of an application under sub-section (1), such magistrate shall, in the case of any tree in existence before the telegraph line was placed, award to the persons interested in the tree such compensation as he thinks reason- able, and the award shall be final.

(3) In the event of the owner or occupier of any land felling or clearing, or causing or allowing to be felled or cleared, any trees or vegetation, or erecting or causing or allowing to be erected any matshed, scaffolding or other structure, adjacent to any telegraph line, such owner Occupier shall give to the Director of Public Works or to the licensed person concerned notice in writing of his intention so to do and shall take all such reasonable precautions as may be necessary for the protection of such telegraph line.

(5) If the amount so due for costs and expenses he not paid within seven days after demand the Director of Public Works or the licensed person concerned may, upon a summons taken out in that behalf, recover such amount before a magistrate.

(6) If any trees or vegetation are felled or cleared, or if any matshed, scaffolding or other structure is erected, upon land adjacent to any telegraph line, it shall be presumed until

145

the contrary is proved that such clearing, felling or erecting was done by the owner of the land or by his servants or agents acting as such.

posts

14. Every telegraph line or post placed before the com- Existing mencement of this Ordinance under, over, along, across, in lines and or upon any property for the purposes of a telegraph deemed to established or maintained by the Government or by a person be placed licensed under this Ordinance shall be deemed to have been ander this so placed in exercise of the powers conferred by, and after observance of all the requirements of, this Ordinance.

Ordinance.

Part IV.

PENALTIES.

or working

15. Any person who establishes, maintains or works a Establishing, telegraph within the Colony otherwise than as permitted by maintaining, a licence granted under section 3 or breaks any condition unlicensed contained in such a licence shall be liable to a fine not telegraph or

breaking exceeding one thousand dollars, and to a further fine not condition exceeding five hundred dollars for every week during which of licence. the telegraph is maintained or worked or the breach of the condition continues.

16. Any person who, knowing or having reason to Using such believe that a telegraph has been established or is maintained telegraphs. or worked in contravention of this Ordinance, transmits or receives any message by such telegraph, or performs any service incidental thereto, or delivers any message for trans- mission by such telegraph, or accepts delivery of any message sent thereby, shall be liable to a fine not exceeding fifty dollars.

17. Any person who--

Intrusion

into signal-

pass in

(a) enters the signal-room of a telegraph office of the room, tres- Government or of a person licensed under this Ordinance telegraph without the permission of a competent authority;

(b) enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so;

(d) wilfully obstructs or

or impedes any such officer or servant in the performance of his duty,

shall be liable to a fine not exceeding two hundred and fifty dollars.

office, or

obstruction.

Unlawfully attempting to learn

contents of

messages.

Intentionally damaging or tampering with tele- graphs.

146

18. Any person who does any of the acts mentioned in section 17 with the intention of unlawfully learning the contents of any message or of committing any offence punish- able under this Ordinance, may, in addition to the fine to which he is liable under section 17, be liable to imprisonment for any term not exceeding one year.

19. Any person who, intending-

(a) to prevent or obstruct the transmission or delivery of any message;

(b) to intercept or to acquaint himself with the contents of any message; or

Telegraph

officer

or other

official

making away with or altering or unlawfully intercepting or disclosing messages or divulging purport of signals.

Telegraph officer fraudulently sending

messages without payment.

20. Any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office, who-

(a) wilfully secretes, makes away with or alters any message which he has received for transmission or delivery;

(b) forges or, knowing the same to be forged or wilfully altered, utters any message. whether he has or has not any intent to defraud;

(d) divulges the purport of any telegraphic signal to any person not entitled to become acquainted with the same,

shall be liable to imprisonment for any term not exceeding three years and to a fine not exceeding one thousand dollars.

21. Any telegraph officer who transmits by telegraph any message on which the charge prescribed by the Government or by a person licensed under this Ordinance, as the case may be, has not been paid, intending thereby to defraud the Government or that person, shall be liable to imprisonment for any term not exceeding three years and to a fine not exceeding one thousand dollars.

147

22. Any telegraph officer, or any person not being a Misconduct. telegraph officer but having official duties connected with any office which is used as a telegraph office, who is guilty of any act of drunkenness, carelessness or other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed, or any telegraph officer who loiters or delays in the transmission or delivery of any message, shall be liable to imprisonment for any term not exceeding three months and to a fine not exceeding one hundred dollars.

fabricated

23. Any person who transmits or causes to be trans- Sending mitted by telegraph a message which he knows to be false or message. fabricated shall be liable to imprisonment for any term not exceeding three years and to a fine not exceeding one thousand dollars.

retention,

etc.,

24. Any person who fraudulently retains or wilfully Fraudulent secretes, makes away with or detains a message which ought t, of to have been delivered to some other person, or being required message. by a telegraph officer to deliver up any such message neglects or refuses to do so, shall be liable to imprisonment for any term not exceeding two years and to a fine not exceeding one thousand dollars.

25. A telegraph officer shall be deemed a public servant Bribery. within the meaning of sections 3 and 4 of the Misdemeanors Punishment Ordinance, 1898.

Ordinance No. 1 of 1898.

to commit

26. Any person who attempts to commit any offence Attempts punishable under this Ordinance shall be punished with the offences. punishment herein provided for the offence.

Part V.

RADIOCOMMUNICATION.

27. In this Part and in any regulations made there- Interpreta-

under :

means any telecom-

(1) (a) "Radiocommunication" munication by means of Hertzian waves.

or not.

tion.

Exemption.

Licences for radio- communica- tion may be granted by the

Governor.

Power of delegation

and of

148

28. The provisions of this Part shall not apply to officers or men of His Majesty's Army, Royal Navy or Royal Air Force using wireless apparatus in the performance of their official duties or to apparatus so used.

29.--(1) The Governor may, whenever he deems it expedient to do so, license the establishment of any radio- communication station or the installation or working of any apparatus for radiocommunication in any place in the Colony or on board any British ship registered in the Colony.

(2) The Governor nay delegate his power of issuing licences to the Postmaster General or to such officer or officers appointment. as he thinks fit, and may appoint officers, who shall be known. as wireless inspectors, for the purpose of carrying into effect the provisions of this Ordinance.

Bribery.

Ordinance No. 1 of 1898.

Licences for radiocom- munication stations and for dealers in wireless equipment.

Penalty for establishing station or working

apparatus

without a licence.

(3) Every such officer shall be deemed a public servant. within the meaning of sections 3 and 4 of the Misdemeanors Punishment Ordinance, 1898.

30.-(1) No person shall, in any place in the Colony or on board any British ship registered in the Colony-

(a) establish, maintain, work or use a radiocommunica- tion station; or

(b) offer for sale, sell or have in his possession, whether with a view to sale or otherwise, any apparatus or material for radiocommunication,

except under and in accordance with a licence, sale permit or letter of exemption granted under this Ordinance.

(2) Every such licence, sale permit and letter of xemption shall be in such form and for such period as the Governor in Council determines and shall contain such terms, conditions and restrictions on and subject to which the licence is granted as the Governor in Council considers desirable in the public interest.

(3) Any person who is in possession of apparatus for radiocommunication shall be deemed until the contrary is proved to have worked the same.

(4) The occupier of any dwelling-house or premises in which is installed radiocommunication equipment in respect of which a licence is not in force shall be guilty of an offence against this Part.

(5) It shall be a defence to a prosecution for an offence against sub-section (4) that the occupier was not aware, and could not with reasonable diligence have become aware, of the existence in the dwelling-house or premises of the radio- communication equipment in question.

31.-(1) If a magistrate is satisfied by information on oath that there is ground for believing that a radiocommunica- tion station has been established or is being maintained, or that any apparatus for radiocommunication is being used or is in the possession of any person, without a valid licence

149

under this Ordinance, he may grant a search warrant to any police officer or wireless inspector to enter the place or ship (not having the status of a ship of war) where it is believed that the radiocommunication station has been established or is being maintained or that apparatus for radiocommunication is being used or is in the possession of some person, and to search such place or ship, and to seize any apparatus which appears to him to have been established or maintained or used, or to be in possession of any person, in contravention of this Part, and also to seize any book or document found in such place or ship which may appear to such officer likely to be or to contain evidence of any contravention of this Part.

(2) It shall be lawful for a magistrate to order to be forfeited to the Crown any apparatus in respect to which any offence against this Part has been committed, whether any person shall have been charged with, or convicted of, such offence or not.

for-

32.-(1) The Governor in Council may make regulations Regulations.

(a) prescribing the forms of licences and the manner in which applications for licences under this Part are to be made;

(b) prescribing the terms, conditions and restrictions on and subject to which licences are granted and the duties of licensees;

(d) regulating the working and use of apparatus for radiocommunication;

(e) regulating the licensing of dealers in, and the sale or transfer of, wireless apparatus;

(f) prohibiting or regulating the working or using of any apparatus for radiocommunication on board any ship, whether British or foreign, while in the territorial waters of the Colony;

(g) prohibiting or regulating the working or using of any apparatus for radiocommunication on any aircraft, whether British or foreign, while in or over the Colony or the territorial waters thereof;.

(h) examining and issuing certificates of proficiency to operators;

(i) ensuring the secrecy of wireless messages;

() regulating electrical interference with the working or using of any apparatus for radiocommunication;

(k) prescribing all matters which by this Part are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

distress.

(2) No regulations made in respect of the matters Signals of described in classes (f) and (g) of sub-section (1) shall apply to the use of radiocommunication for the purpose of making or answering signals of distress.

Control in

emergency.

Experimental licences,

Prohibition

of radiation of magnetic

waves.

150

33. If on the occurrence of any public emergency, or in the interest of public safety or tranquillity, the Governor in Council is of opinion that the Government should have control over the transmission or reception of messages by radiocommunication, then, after publication of notice to that effect in the Gazette and until further notice, the use of radiocommunication at any radiocommunication station and by any installation and apparatus for radiocommunication in the Colony or on any aircraft in or over the Colony and its waters shall be subject to such orders, rules or regulations as the Governor in Council may make, either before or after the occurrence of the emergency, and such orders, rules or regulations may-

(a) prohibit or regulate such use in all cases or in such cases as may be deemed desirable; and

(b) provide for--

(i) the taking possession of, the control of or the use for official purposes of all radiocommunication stations and apparatus, and the payment of compensation for any damage caused thereby;

(ii) the stopping, delaying and censoring of all messages received, transmitted or submitted for transmission; and

(iii) the carrying out of any other purpose which the Governor in Council thinks necessary.

Provided that nothing in such orders, rules or regulations shall apply to the use of radiocommunication for the purpose of making or answering signals of distress.

34. When an applicant for licence proves to the satisfaction of the Governor that the sole object of obtaining the licence is to enable him to conduct experiments in radiocommunication, a licence for that purpose may be granted in accordance with the regulations made under section 33.

35. No person, whether holding a licence granted under this Part or not, shall radiate electro-magnetic waves of radio frequencies which may be used for wireless telegraphy, or cause or permit such waves to be radiated, so as injuriously to affect the working of any authorised radiocommunication station or apparatus.

Part VI.

General penalty.

MISCELLANEOUS.

36.-(1) Every omission or neglect to comply with, and every act done or attempted to be done contrary to, this Ordinance or any order, rule or regulation made thereunder, or in breach of the conditions and restrictions subject to or

which upon

licence has been issued, shall be deemed any to be an offence against this Ordinance, and for every such offence not otherwise specially provided for the offender shall, in addition to the forfeiture of any articles seized, be liable on summary conviction to a fine of one thousand dollars or to imprisonment for any term not exceeding twelve months.

151

37. All ship station licences issued under the Wireless Continued Telegraphy Ordinance, 1926, shall, notwithstanding the repeal ship station

validity of of that Ordinance, continue in full force and validity until licences. terminated by effluxion of time or by cancellation or in some Ordinance other lawful manner.

No. 11 of 1926.

Ordinances

No. 3 of 1894, No. 12

38. The Telegraphic Messages Ordinance, 1894, the Repeal of Telegraphic Messages Amendment Ordinance, 1924, and the Wireless Telegraphy Ordinance. 1926, and all Regulations made thereunder, are repealed.

of 1924 and No. 11 of 1926.

39.-(1) The Regulations in the Schedule shall be Regulations. deemed to have been made under this Ordinance and shall Schedule. be in force until altered, rescinded or amended by the Governor in Council.

before

(2) All regulations made under this Ordinance shall be Regulations laid on the table of the Legislative Council at the first meeting to be laid thereof held after the publication in the Gazette of the making Legislative thereof; and if a resolution is passed at the first meeting of Council. the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

of Regula- tions

40. Save in so far as they are repugnant to any regula- Application tions made under this Ordinance, the Telegraph Regulations is of (Final Protocol), the General Radiocommunication Regulations Madrid (Final Protocol) and the Telephone Regulations annexed to Convention. the International Telecommunication Convention of Madrid, 1932, shall be in force in the Colony, so far as they are applicable thereto, as if such Regulations had been made under the authority of this Ordinance.

41. This Ordinance shall come into operation on such Commence- date as may be fixed by proclamation of the Governor.

ment.

152

SCHEDULE.

RADIOCOMMUNICATION REGULATIONS.

1. In and for the purposes of these regulations

(1)

Administration means a Government Administration.

(2) "Aeronautical service means a radiocommunication service effected between aircraft stations and land stations and by aircraft stations communicating between themselves. The term applies also to fixed and special radiocommunication services intended to ensure the safety of air navigation.

(3) Aeronautical station means a land station performing a service with aircraft stations. It may be a fixed station assigned also for communication with aircraft stations; it is then considered as an aeronautical station only during the period of its service with aircraft stations.

(4) Aircraft station means a station placed on board any

aircraft.

(5) Amateur station means a station used by an amateur, that is by a duly authorised person, interested in radioelectrical practice with a purely personal aim and without pecuniary interest.

(6) Auxiliary route means a route other than the normal route, but passing through the same countries as the normal route.

(7) "Band of frequencies of an emission" means the band of frequencies effectively occupied by that emission, for the type of transmission and the speed of signalling used.

(8) "Booking of a call " means the first request made by the caller for an international telephone call.

(9) Call means the effect given to the booking of a call when communication has been established between the calling telephone station and the called telephone station.

(10) Chargeable duration of a telephone call " means the period of time which serves as the basis for calculating the charge for the call.

(12) Contracting Government means the government of a country which is a signatory to the Telecommunication Convention.

(13) Direct call means a telephone call established by means of a single international telephone circuit.

(14) Direct transit circuit means an international telephone circuit passing through one or more transit countries and having no intermediate telephone exchange.

(15) Direction-finding station " means al station provided with special apparatus intended to determine the direction of emis- sions of other stations.

(16) Emergency route means route which passes through countries other than the countries through which the normal route passes.

(17) Fixed service means a service of radioelectric com- munications of all kinds between fixed points, with the exception of broadcasting services and special services.

(18) "Fixed station" means a station not capable of moving which communicates, by means of radiocommunications, with one or more stations similarly established.

153

(19) "Frequency assigned to a station " means the mid- frequency of the band of frequencies in which the station is author- ised to work. In general, this frequency is that of the carrier

wave.

(20) Frequency tolerance" means the maximum deviation permissible between the frequency assigned to a station and the actual frequency of emission.

(21) "General telecommunications system includes the whole of the existing channels of telecommunication open to the public service, except the radiocommunication channels of the mobile ser- vice.

(22) "Government telegrams and radio telegrams originating with

(a) the Head of a State;

(b) a Minister who is a member of a Government;

means those

(c) the Head of a colony, protectorate, overseas territory or terri- tcry under suzerainty, authority or mandate of the Contracting Govern- ments;

(d) Commanders in Chief of military forces, land, sea or air; (e) diplomatic or consular agents of the Contracting Govern- ments;

(f) the Secretary General of the League of Nations;

and also the replies to such communications.

(23) International service" means a telecommunication ser- vice between offices or stations of different countries or between stations of the mobile service, unless these latter are of the same nationality and are within the limits of the country to which they belong. An internal or national telecommunication service, which is capable of causing interference with other services outside the limits of the country in which it operates, is considered. as an international service from the point of view of interference.

(24) International telephone circuit means a telephone circuit connecting two telephone exchanges situated in two different countries.

(25) Land station " means a station not capable of moving which performs a mobile service.

(26) "Mobile service" means a radiocommunication service effected between mobile stations themselves, special services exclud- ed.

(27) "Mobile station" means station capable of moving which ordinarily does move.

(28) "Normal route' means the route which must be chosen in the first place for the passing of telephone traffic in a particular

service.

(29) Power of a radioelectric transmitter supplied to the aerial.

means the power

(31) "Private experimental station" means a private station intended for experiments with a view to the development of radio- electric practice or science.

(32) "Private radiocommunication station" means a private station, not open to public correspondence, which is authorised solely

151

to exchange with other such stations communications concerning the private business of the licensee or licensees.

(33) Private telegrams and radiotelegrams" means telegrams and radiotelegrams other than service or Government telegrams and radiotelegrams.

(34) Public correspondence means any telecommunication which the offices and stations, by virtue of their availability to the public, must accept for transmission.

(35) Public service means a service for the use of the public in general.

(36) "Radiodistribution means diffusion or rediffusion by means of wires of radiotelephonic messages and programmes, or other matter specifically intended to be received by the public in general.

(37) "Radiodistribution service" means a service carrying out diffusion or rediffusion by means of wires of radiotelephonic messages and programmes, or other matter specifically intended to be received by the public in general.

(38) "Radiodistribution station" means a station performing a radiodistribution service.

(39) "Radiobeacon station" means a special station of which the emissions are intended to enable a ship or aircraft station to determine its bearing or a direction in relation to the radiobeacon station, and, if practicable, also the distance which separates it from the latter.

(40) "Radiocommunication means of Hertzian waves.

means any telecommunication by

(42) "Radiotelegram" means a telegram originating in or des- tined for a mobile station, and transmitted over all or part of its course by the radiocommunication channels of the mobile service.

(44) "Restricted service" means a service which may only be used by specified persons or for particular purposes.

(46) "Ship station" means a station placed on board a ship not permanently moored.

(48) "Station on board" means a station placed on board a ship not permanently moored, or on board an aircraft.

155

(51) "Telegram" includes also "radiotelegram," except when the text expressly precludes such a meaning.

(53) "Telegraphy" means telecommunication by any system of telegraph signalling.

(54) "Telephone broadcasting service" means a service carrying out the broadcasting of radiotelephone emissions specifically intend- ed to be received by the public in general.

(55) "Telephone broadcasting station" means a station per- forming a telephone broadcasting service.

(56) "Telephone circuit" means an electrical connexion permit- ting the establishment of telephone communication in both directions between two telephone exchanges.